General Terms & Conditions for Aquro Platform Valid from 2016-01-01.
§1 General
1.1 Parties These general conditions govern the relationship between the customer ("Customer") and Aquro Sweden AB, 559030-4183, ("Aquro") regarding all services in Aquro Platform ("Service").
1.2 Application These terms and conditions apply primarily to these general conditions, then the SLA, and ultimately customer-specific agreements.
1.3 Definition of Customer The Customer may be an adult person or a legal entity. The agreement between the parties cannot be extended by the Customer to another party.
1.4 Definition of Service The Service allows the Customer to use a part of Aquro’s cloud service from which the Service is delivered. The cloud service is shared with other customers.
1.5 Customer Reference Unless the Customer expresses other wishes, Aquro may use the Customer's name and logo as a reference on Aquro’s website and in printed materials.
1.6 Enterprise Customer An enterprise customer ("Enterprise Customer") is a customer with a specific agreement signed for the Service (the "Agreement").
1.7 Subscription Customer A subscription customer ("Subscription Customer") is a customer who ordered the service through one of Aquro’s websites and paid with a credit card.
1.8 Ownership The source code and apps developed in Aquro Platform are owned by the Customer. Third-party libraries such as JQuery and Handlebars are excempted and not owned by the Customer.
1.9 Export The Customer is able to export the complete source code for their applications for local storage, backup, and further development in other development tools.
§ 2 Scope
2.1 Specification For specification of service, the Customer is referred to the agreement or the order confirmation ("Order Confirmation") and the current website and information sheets at the time of the order.
§ 3 Term
3.1 Specification For Enterprise Customers, the contract period is specified in the Agreement. For Subscription Customers, it is shown in the Order Confirmation.
3.2 Contract Extension Extension of the contract period is made with the same period as the last contract period. Subscription Customers who do not want to extend their subscription period automatically are responsible for switching off the automatic renewal of the subscription in the Aquro Control Panel.
§ 4 Payment Terms
4.1 Enterprise Customers For Enterprise Customers, there are twenty (20) day payment terms for private organizations and thirty (30) day payment terms for the public sector. Payment must be provided to Aquro by the due date. If payment is not provided by the due date, Aquro has the right to transfer the claim to another party and charge the statutory late fee and interest rate.
4.2 Suspension of Service If an invoice is overdue, and it's been at least ten (10) days after the last contract expired, Aquro owns the right to suspend the Service until full payment is made. The customer will be notified by email or letter at least three (3) days before service is suspended.
§ 5 Notice Period
5.1 Types For Enterprise Customers, the cancellation notice period is thirty (30) days. For Subscription Customers, there is no notice period.
5.2 Written cancellation For Enterprise Customers, notice shall be given in writing by letter or e-mail. The written notice must be signed by an authorized person.
5.3 Breach of contract Aquro has the right to suspend or terminate a Customer's Service with immediate effect if the customer violates any paragraph of this general terms and conditions document.
§ 6 Fees for Service
6.1 Invoice Fee Aquro does not charge an invoice fee.
6.2 Objections to the Invoice For Enterprise Customers, objections to invoices shall be made in writing within ten (10) days of the Customer receiving the invoice. If the Customer disputes a charge on a factual basis within the required time, then Aquro allows deferred payment of the disputed amount. With deferments, interest will be applied on the part of the disputed amount that the account holder is required to pay.
6.3 Fee Changes The customer shall be notified of fee changes for the Service at least one (1) month before the new contract period commences. Fee reductions do not
require notification. At an increase of the fee, the Customer is entitled to cancel the contract within seven (7) days from the announcement of the fee increase. Aquro is entitled to notify the Customer of fee changes via the Customer-provided contact information, either e-mail or letter.
No refund is made after a cancelation.
6.4 Promotions Temporary promotions do not apply to existing Customers.
6.5 Operator Costs Aquro is not responsible for any operator costs associated with Customer's telephone contact with Aquro’s support.
§ 7 Transfer of Service
7.1 General The Customer is entitled to transfer the Service to another party after Aquro’s consent. The request for transfer shall be made in writing using the Aquro designated form.
§ 8 Aquro’s Responsibility
8.1 Confidentiality Aquro handles all Customer information as confidential to protect the Customer’s privacy. However, under a court order or warrant presented by police or other authorities, Aquro can be required to disclose information about the Customer.
8.2 Liability for Mobile Applications Aquro takes no responsibility for a mobile application's functionality, possible bugs, quality, or commercial success. Aquro accepts no liability for indirect damage related to problems with a mobile application, such as reduced production or turnover in the Customer's business or bad will.
§ 9 Customer's Responsibility
9.1 Legal Entity
Unless otherwise stated in the Agreement, the Service may be used by one (1) legal entity.
9.2 Swedish Law The Customer undertakes to comply with Swedish law. The Customer is fully liable for all actions carried out by its services.
9.3 Normal Usage The Customer is responsible for ensuring that the Service is used for its proper purpose. If the Service is used in other ways, Aquro has the right to immediately suspend the Service.
9.4 Update of Customer Data The Customer is responsible for keeping information about the Customer's address, phone, e-mail address, and contact person current in Aquro’s customer records. The Customer should notify Aquro of changes by e-mail or make the changes via the Aquro Control Panel.
9.5 Hardware and Software It is the Customer's responsibility to provide the hardware and software required to use the Service. It is also up to the Customer to have an Internet connection, which is required to use the Service.
9.6 User Licenses The number of user licenses is shown in the Agreement or the Order Confirmation. The Customer is responsible for complying with the restrictions regarding the maximum number of developers who can work in the platform. An individual is counted as one user and several people may not share the same user license.
9.7 Publishing The Customer is responsible for the publication of their applications, as well as any costs charged by the app stores. Aquro provides some support functions, as well as instructions for publishing apps.
§ 10 Privacy
10.1 Privacy
Aquro guarantees not to take or in any way use the Customer data stored in the service.
10.2 Statistics Aquro stores statistics on how apps are used, such as details about devices, click-rates, and the user's geographic location. Statistics may be published publicly, but the Customer always remains anonymous unless otherwise agreed upon by the Customer.
10.5 Logs Aquro logs events in the Service and may check these when troubleshooting issues or abuse matters. The logs typically consist of time and event.
10.6 Change of Data Details of the service can only be ordered or modified by the Customer or by Aquro at the request of the Customer. New data or changed data is sent only to the registered Customer contacts.
10.7 Backups Customer information can be stored in Aquro’s backup systems for up to one (1) year, even after the service has ended. The customer can request that the information be removed.
§ 11 Change of Terms
11.1 Notice of Change These general terms and conditions apply until further notice. Regarding changes in these terms and conditions that are less favorable to the Customer in a direct and substantial way, Aquro will notify the Customer at least thirty (30) days before the changes enter into force. The Customer has the right to immediately terminate the Service in such cases.
11.2 More Favorable Terms and Conditions If terms and conditions changes are more favorable to the Customer, Aquro will normally not notify the Customer in advance.
11.3 Contact Channel
Aquro notifies the Customer of changes in the terms and conditions via email or letter.
§ 12 Newsletter
12.1 General As long as the Customer has not actively opted out of receiving Aquro news and offers, Aquro will send these by e-mail or letter to the Customer.
§ 13 Force Majeure
13.1 General Aquro shall be exempt from penalties and other sanctions if Aquro’s commitments are prevented or significantly impeded by circumstances that Aquro is not able to control or predict, such as widespread power outages, labor conflicts, lightning, fire, atmospheric disturbances, legal enactment, governmental action, war, strike, or similar circumstances.
§ 14 Disputes
14.1 General Disputes concerning the interpretation or application of agreements and related legal matters shall be finally settled by arbitration in accordance with Swedish law. The arbitration shall take place in Stockholm, and Swedish law and Swedish language shall apply. The arbitrators shall apply judicial rules on legal costs and voting. When the amount in dispute is less than 50,000 EUR at the time arbitration is initiated, the dispute shall be settled by the Stockholm District Court. In the case of any overdue and unpaid invoices for services supplied, however, a party may bring an action before the court. Claims relating to certain contracts, in order to be valid, must be submitted in writing to the other party no later than ninety (90) days after the right to claim arose.