Terms of Service
This Software as a Service Agreement (the ‘Agreement’) is entered into between you (the ‘Customer’) and treQster (the ‘Company’).
1.1 The Company provides the Customer a non-transferable revocable time-limited non-exclusive license to use the Company's services provided via on-demand software hosted by the Company via the website and mobile applications and other agreed medium (the ‘Services’) in accordance with this Agreement.
1.2 The Services are subject to the payment terms as specified by the Company on this website from time to time.
1.3 Subject to the terms of this Agreement, the Company may at any time modify the Services. Any such modifications, including but not limited to updates and hotfixes, shall be backward-compatible.
2 Use of the Services
2.1 Any material which the Customer adds to the site by way of postings or otherwise shall not be inaccurate, misleading, dishonest, defamatory, harmful, illegal, in breach of any agreement, or an infringement of the rights of a third party.
2.2 The Customer shall not tamper with, modify, reverse engineer, decompile, or otherwise interfere with the Services.
2.3 The Company reserves the right to immediately suspend the provision of the Services if the Customer has violated the above obligations.The Company also reserves the right to delete any Customer content from the Services if the Company determines that such content is or may be illegal, poses or may pose a security risk to the Services, has or may have a negative impact on the provision of the Services to other customers. Such a suspension of the Services shall not relieve the Customer of its obligations hereunder.
2.4 The Customer shall be solely responsible for handling and processing any notices submitted to the Customer by a third party in relation to the Customer's content. The Customer shall indemnify and hold the Company harmless against any and all third party claims arising from the Customer’s use of the Services, including but not limited to the Customer’s content.
3 Data Security
3.1 Confidential Information includes the following:
(a) for the Company, the Customer's information which is kept private (visible only to the Customer and, if applicable, the Company in cases of service maintenance) by design;
(b) for the Customer, the code of the Services comprised in electronic files distributed to the Customer in connection with the provision of the Services.
3.2 Each Party shall protect Confidential Information against loss, theft, unauthorised access and unauthorised disclosure.
3.3 Each Party shall immediately notify the other Party of any unauthorised use or disclosure of the Confidential Information.
3.4 This provision on confidentiality shall survive the termination of the Agreement for a period of 3 years from the termination.
3.5 The Company shall take appropriate organisational and technical measures to keep the Customer's data safe and secure.
4 Personal Data
4.1 For the purposes of this Agreement, in respect of any Customer information that is processed in the Services and that is personal data, the Customer shall be the ‘controller’ and the Company shall be the ‘processor’ that processes such personal data on behalf of the controller and acts under its instructions.
4.2 For the avoidance of doubt, any processing of the Customer's personal data in the Services under this Agreement shall be considered an instruction from the Customer.
4.3 The Company shall implement appropriate technical and organisational measures to protect the Customer's personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing.
5 Intellectual Property
5.1 All rights in or to the Services and all the provided service documentation shall be retained by the Company and its licensors. Except for the rights explicitly provided in this Agreement, no rights in or to the Services shall be transferred to the Customer.
5.2 All modifications of the Services or the provided service documentation which are based on the Customer’s feedback or suggestions shall be the property of the Company.
5.3 All rights in or to the Customer’s content in the Services shall be retained by the Customer. Notwithstanding the foregoing, the Company may process the Customer's content for the purpose of providing the Services, or disclose such content if so required by any applicable law.
6 Disclaimer of Liability
6.1 The Services are provided ‘as is’ and without any express or implied warranties from the Company, including but not limited to any warranties of merchantability or fitness for a particular purpose.
6.2 The Company expressly disclaims responsibility for any consequences, including but not limited to loss of profits, costs and damages whether direct or indirect and whether foreseeable or not, arising from the Customer's access to or use of the Services or the Customer's reliance on the Services.
7 Limitation of Liability
7.1 To the maximum extent permitted by applicable law, the Company shall not be liable to the Customer for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, including but limited to damages for loss of data, loss of profits, business or revenue, arising from the use of the Services by the Customer, even if the Company has been advised of the possibility of such damages.
7.2 In any case, the Company's total aggregate liability regarding all claims arising out of or in connection with this Agreement shall not exceed the total amount of fees paid by the Customer for the Services.
7.3 The above limitations shall not apply to the damages resulting from acts committed with intent or gross negligence, breach of confidentiality obligations, infringement of third party intellectual property rights.
8 Force Majeure
8.1 The Company shall not be liable for any sums, costs, expenses, charges, penalties, interest, damages, losses, and/or other claims that may arise as a result of force majeure.
8.2 Force majeure shall include but not be limited to power failure, equipment failure, computer viruses, hacks and security breaches by third parties, accident, failure of technical and payment facilities, natural disaster, sabotage, an order or directive of a national government or local authority.
8.3 In this event, the Company shall have the right to suspend the provision of the Services or terminate this Agreement without notice and no fees shall be refunded and no returns of any nature shall be made.
9 Term and Termination
9.1 The Company may terminate the Agreement by a written notice, provided reasonably in advance, to Customer in order to comply with any applicable law or due to changes in the business or regulatory environment that make the provision of the Services commercially not feasible to the Company.
9.2 The Customer may terminate the Agreement immediately without notice to the Company. In this case, the Customer shall not be relieved of its payment obligations in respect of the period prior to the termination.
9.3 The termination of the Agreement shall not relieve the Parties of any liabilities hereunder.
9.4 Upon the termination of the Agreement all Customer rights hereunder shall immediately cease.
9.5. In the event of the termination of the Agreement, retrieval of the Customer's content from the Services prior to the termination shall be the sole responsibility of the Customer. From the termination date, the Company may delete the Customer content in the Services.
10.1 If any of the provisions of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of them will not be prejudiced.
10.2 This Agreement is governed by and construed in accordance with the law of Sweden and the Parties submit to the exclusive jurisdiction of the courts of Solna, Stockholms län, Sweden.