Version: 1.1
Last modification: 2024-01-01

Terms of Service

GENERAL INFORMATION

General
Sigicom AB (also referred to as “Sigicom”, “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”, “User”).

OUR SERVICE

Our Service
In order to register the information and data from the measurement system (the “Information”), Sigicom and it’s subsidiaries (if applicable) provides a cloud-based platform system for administration, data analysis, project management, reporting and web access to measured data (either of or a combination of “INFRA Net”, “EWO” , “API”, “INFRA Net Classic”, “INFRA Net Manager”; in these Terms referred to as the “Service”).

Modification of the Service
We may add or modify any feature, functionality or any other tool, within the Service, at our own discretion and without further notice.

No Contingency on Future Release and Improvements
You hereby acknowledge that your purchase of the Service hereunder is not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuance of:

(i) a certain Service beyond its current Subscription Term; or

(ii) Third Party Services, or dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.

Ability to Accept Terms
If you access and use the Service, you represent and warrant that you are entitled to act with binding effect for your company as a User. The Service is only intended for professional use.

YOUR CUSTOMER DATA

Customer Data
Customer Data is any data, file attachments, text, images, reports, personal information, or any other content, that is uploaded or submitted, transmitted or otherwise made available, to or through the Service by you or any User and is processed by us on Customer’s behalf (the “Customer Data”). Customer retains all rights, title, interest and control, in and to the Customer Data, in the form submitted to the Service. Subject to these Terms, the Customer grants us a worldwide, royalty-free, limited license not limited in time to access, use, process, copy, distribute, perform, export, and display the Customer Data. The afore-mentioned license is hereby granted solely for the following purposes:

(i) to maintain and provide you with the Service;

(ii) to prevent or address technical or security issues and resolve support requests;

(iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these Terms;

(iv) to comply with a valid legal request, or other lawful process; and

(v) to monitor and analyze general usage of the Service as a basis for further development of the Service and possible additional software.

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights
The User does not receive any right (other than right of use under these Terms) to the Service or its content, which is owned by Sigicom or used by Sigicom with permission from the respective rights holders. The User have rights to use the analysis, data and processed data by the Service, which is granted under the ‘Customer Data’, all Intellectual Property Rights to the Service will however remain to Sigicom at all times.

TEMPORARY SUSPENSION

Temporary Suspension
Generally, we may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we reasonably determine:

(a) your use of the Services

      (i) poses a security risk to the Services or any third party,

      (ii) could adversely impact our systems, the Services or the systems or Content of any other customer,

      (iii) could subject us, our affiliates, or any third party to liability, or

      (iv) could be fraudulent;

(b) you are in material breach of any agreement with Sigicom;

(c) you are in breach of your payment obligations; or

(d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

Effect of Suspension
If we suspend your right to access or use any portion or all of the Services:

(a) you will be responsible for all fees and charges you incur during the period of suspension that we bill to you

MODIFICATION TO THE TERMS OF SERVICE

Modifications

We may modify these Terms of Service (including any Policies) at any time by posting a revised version on the Sigicom website or by otherwise notifying you. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to these Terms of Service, you agree to be bound by the modified terms. It is your responsibility to check the Sigicom website regularly for modifications to these Terms of Service. We last modified these Terms of Service on the date listed at the beginning of these Terms of Service.

NON-DISCLOSURE

Non-disclosure
The User undertakes to not disclose confidential information which the User receives from Sigicom or which is disclosed in the use of the Service to any third party. This undertaking is limited to confidential information which is not already lawfully in the public domain.

Confidential Information (“Confidential Information”) under these Terms includes any information – technical, commercial or similar – in written form or not; with exception for information that the User already knew or had access to when received from Sigicom, and which could lawfully be disclosed.

The User undertakes to monitor the use of Confidential Information by the User’s employees, consultants, customers and directors, so that they do not forward the Confidential Information to any unauthorized third party. The User is obliged to maintain corresponding terms of secrecy as in these Terms with any and all persons that may come in to contact with the Confidential Information.

The User undertakes to adhere to rules and restrictions of Sigicom regarding data security, even if the breach cannot be proved to be done with intent. In the event of a breach of the Non-disclosure, Sigicom has the right to perform a temporary suspension of the service, according to section ‘Temporary Suspension’ and/or to demand compensation for any and all damage.

LIMITED WARRANTY

Limited Warranty
The Service is provided in the existing condition “as is”. We hereby disclaim all other warranties, which are expressed or implied, including but not limited to implied warranty regarding merchantability, fitness for a particular purpose, ownership and freedom of involvement.

LIMITATION OF LIABILITY

Limited Liability
Under no circumstances shall Sigicom be responsible for any indirect damage, consequential damage, temporary, special or normative claims or losses of any kind arising from any liability basis, including but not limited to damage or loss of loss of profit, production loss or expected savings, business disruption, loss or distortion of business data or information or other financial loss, even if we have received information about the risk of such damage.

GOVERNING LAW AND JURISDICTION

Governing LAW
The User hereby certifies and confirms by entering into these Terms of Use that you do not have relied on information or warranties other than those expressly set forth in these Terms of Use. These Terms of Use shall be applied and interpreted in accordance with Swedish law (excluding the International Purchase Act – UN Convention on Contracts for the International Sale of Goods) and any disputes or claims which arises in connection with these Terms of Use, or violation, termination or invalidity thereof, shall be finally determined by arbitration proceedings administered by the Stockholm Chamber of Commerce’s Arbitration Institute (“SCC”).

Arbitration
The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.

The place of arbitration shall be Stockholm, Sweden. The language used in the arbitration proceedings shall, unless otherwise agreed, be English.