PLAZA SERVICE GENERAL TERMS AND CONDITIONS
1. SCOPE AND APPLICATION
These Plaza Service Demo Terms and Conditions (the “Terms”) are entered into between Pricer Aktiebolag (publ) ("Pricer") and the legal entity, company or individual that you represent ("Customer") and governs Customer's access and use of the Plaza Service.
By clicking on the “I agree” (or similar button or checkbox) that is presented at the time of requesting the Plaza Service, or otherwise using or accessing the Plaza Service, you are accepting the Terms on behalf of the entity, company or individual that you represent, and you represent and warrant that you have authority to bind that entity to the Terms.
In these Terms, the following expressions shall have the meaning ascribed to them below.
“Customer Data” means any data and information submitted by or processed for the Customer in relation to the Plaza Service.
“Malicious Code” means code, files, agents, programs or similar that are intended to do harm including by way of e.g. viruses and trojan horses.
“Personal Data” means any information that relates to an identified or identifiable living individual.
“Plaza Platform” means Pricer’s proprietary software and infrastructure as-a-service platform, enabling Customer to access the various software products offered within the Pricer Solution.
“Plaza Products” means the various software product offerings within the Pricer Solution provided to Customer via the Plaza Platform
“Plaza Service” means the Plaza Platform including the Plaza Products provided thereunder, ordered and paid for by Customer under an Agreed Purchase Order or Statement of Work.
“Terms” means these Plaza Service Demo Terms and Conditions.
“User” means an individual who is authorized by the Customer to use the Plaza Service and to whom the Customer has supplied a user ID and a password. Users may include for example employees of the Customer.
3. RIGHT TO USE THE PLAZA SERVICE
Subject to these Terms, Customer is granted a limited non-exclusive and revocable license to access and use the Plaza Service and related Documentation. The license granted shall be non-sublicensable and non-transferrable.
4. CUSTOMER RESPONSIBILITIES, USAGE AND CONTENT OF THE PLAZA SERVICE
The Customer shall:
- use and ensure that all Users use the Plaza Service only in accordance with these Terms, the Documentation, any applicable laws and regulations and any applicable terms of the hosting service provider.
- be responsible for the control and verification of any Customer Data.
- ensure that all Customer Data and Customer’s collection and processing is in compliance with any applicable laws, including, as applicable, any data protection laws.
- inform Pricer when Personal Data is transferred to Pricer, prior to such transfer, and where required under applicable data protection regulation, the Parties shall enter into a separate data processing agreement to govern such processing of Personal Data.
- prevent unauthorized access to or use of the Plaza Service and notify Pricer promptly of any such unauthorized use.
- not make the Plaza Service available to anyone other than the authorized Users.
- not use the Plaza Service to store or transmit Malicious Code.
- not decompile, disassemble or reverse engineer the Plaza Service; and
- not use the Plaza Service for any illegal, harmful, offensive, immoral or unauthorized purposes or in a way that violates applicable laws.
5. PRICER RESPONSIBILITIES
Pricer will host and maintain the Plaza Service and Customer Data, subject to these Terms.
6. SECURITY AND PRIVACY
- Pricer will take reasonable measures to protect data from unauthorized access, use or disclosure.
- The Customer is responsible for secure management of the passwords of their users and other access credentials to avoid unauthorized access.
- Pricer will monitor and obtain data regarding Customer’s usage of the Plaza Service and any devices connected to the Plaza Service.
- Pricer may access Customer Data in order to provide the Plaza Service or to comply with applicable laws and regulations.
- Pricer will not disclose Customer Data to third parties without the Customer´s consent, except as required by law.
- Pricer may monitor and obtain data regarding Customer’s usage of the Plaza Service and any devices connected to the Plaza Service, provided that Pricer will never resell any non-aggregated and non-anonymized operational data to third parties, without Customer’s prior written consent.
7. INTELLECTUAL PROPERTY RIGHTS
- Subject to the limited rights granted to Customer hereunder, Pricer reserves all right and title to the Plaza Service and its underlying software, including any Intellectual Property Rights related thereto. No rights are granted to Customer other than as expressly set forth herein.
- Customer grants to Pricer a worldwide royalty free license to host, copy, modify, transmit and display Customer Data as necessary for Pricer to provide the Plaza Service in accordance with these Terms.
8. DISCLAIMER OF WARRANTIES
- Pricer makes no warranty of any kind whether express, implied statutory or otherwise and the Customer hereby, to the maximum extent permitted by applicable law, disclaims all implied warranties such as implied warranties for fitness for a particular purpose, merchantability, non-infringement, and the Plaza Service being free from errors and bugs.
- To use the Plaza Service the Customer might also be dependent on Third-Party Products. Customer acknowledges and accepts that Pricer does not warrant the availability or functionality of such Third-Party Products and assumes no liability for the suitability of Third-Party Products for the purposes of accessing and using the Plaza Service.
9. LIMITATION OF LIABILITY
Pricer’s liability is limited and excluded to the maximum extent permitted under applicable law. Pricer will not be liable for any direct, indirect or consequential loss or damage arising out of the Agreement, whether arising in tort, contract, or otherwise, including, without limitation, any loss of profit, contracts, business, goodwill, data, income or revenue.
However, nothing in this disclaimer shall exclude Pricer’s liability for fraud, for death or personal injury caused by negligence, or for any other liability which cannot be excluded or limited under applicable law.
10. RESTRICTION OF ACCESS OR CHANGES
- Pricer may restrict access to the Plaza Service under certain conditions, such as potential harm or risk, virus attack or legal reasons, and/or to remove, disable access to, or modify any content or resource that violates these Terms.
- Pricer may stop providing the Plaza Service to Users that Pricer has reasons to believe are using or have used the Plaza Service in ways that are not in accordance with these Terms.
- Pricer reserves the right to amend the Plaza Service as well as any Plaza Products, at any time and at the sole discretion of Pricer.
11. TERM AND TERMINATION
These Terms will be effective for so long as the Customer has access to the Plaza Service. For clarity, Pricer may suspend the Customer’s access to the Plaza Service and terminate these Terms at its discretion without liability to the Customer.
- Pricer may subcontract to third parties certain of its obligations under these Terms.
- No waiver of any provision of these Terms will be effective unless in writing and signed by both parties.
- If any provision of these Terms are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Customer may not assign or delegate any of its rights or obligations hereunder, whether
13. GOVERNING LAW AND DISPUTES
13.1 These Terms shall be governed by and constructed in accordance with the laws of Sweden.
13.2 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) The place of arbitration shall be Stockholm, Sweden. The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. These Terms shall be governed by and constructed