User’s Acceptance of the Terms
THE USER’S ACCESS OR USE OF THE SERVICES IN ANY WAY SIGNIFIES THAT THE USER HAS READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Websites or Services the User also confirms that it has the legal authority to accept the Terms on behalf of itself and its Invitees (as defined in Article 3.2). If the User does not agree to the Terms, the User is not authorized to use the Services.
Registration and Eligibility
3.1 To access its User Account, every User shall use the authentication method offered and chosen by the company. Subject to Article 3.2, Node does not permit the User to share its login link or login credentials with any other person. Responsibility for the security of any authentication issued rests with the User.
4.1 The User is responsible for all content and data, including but not limited to material and information in any form, text, software, photographs, and (graphical) images uploaded by the User to the Websites in connection with the Services (“In-Data”) and activities conducted on or through its account. This includes but is not limited to the following: (i) The User may not transmit any content or use the Services in any way that could be in breach of any confidentiality, copy right, intellectual property right, the Swedish data protection laws, EU data protection regulations, or any other applicable law or regulation. (ii) The User may not use the Services in any unethical way or any way that fraudulent, or has any fraudulent purpose or effect. (iii) The User may not transmit In-Data that contains software viruses or anything designed to interrupt, destroy or limit the functionality of equipment, the Websites or Services. (iv) The User is not allowed to amend, adapt or hack the Websites or amend any other website in a way that falsely suggests that such website is related to the Services. The User accepts not to re-produce, duplicate, copy, sell, re-sale or exploit any part of the Services, the use of or the access to the Services, without It’s in the Node AB’s prior written consent.
4.2 Upon a breach of any of the provisions in Article 4.1 It’s in the Node AB is entitled to close the User’s account and remove all the User’s Data (as defined in 9.1) etc., pursuant to Article 14.3.
Amendments to the Terms
It’s in the Node AB may revise these Terms at any time, and reserves the right to do so in its sole discretion. In such case, It’s in the Node AB will post the updated or additional terms, as relevant, on www.itsinthenode.com/terms. Amended terms require the User’s consent before they will take effect and are binding to the User. If the User does not agree with any modification to the Terms, the User may terminate the agreement between the parties by ceasing to use the Services. The User’s continued use of the Services after new and/or revised Terms signifies that the User has read, understood and agreed to those Terms.
Amendments to the Services
6.1 It’s in the Node AB may implement new elements and otherwise revise the Services at any time, and reserves the right to do so in its sole discretion. It’s in the Node AB expects such modifications to enhance the Services. However, It’s in the Node AB reserves the right to establish limits to the nature or size of any library information, the ability to access or distribute Data or impose other limitations, at any time and without prior notice. If the User does not agree with any modification to the Services, the User may terminate the agreement between the parties by ceasing to use the Services. The User’s continued use of the Services after any change to the Services signifies that the User has read understood and agreed to the changes.
6.2 Any amendments, modifications, enhancements or changes to the Services made available by It’s in the Node AB from time to time shall be subject to these Terms.
Service Level and Support
7.1 Whilst It’s in the Node AB endeavors to ensure that the Websites and Services are available 24 hours a day, It’s in the Node AB shall not be liable if for any reason the Websites or Services are unavailable at any time or for any period. Access to the Websites and the Services may at all times be suspended temporarily and without notice.
7.2 It’s in the Node AB will provide support via the following email: email@example.com, if not otherwise offered.
7.3 The User acknowledges that It’s in the Node AB has no responsibility or liability as a result of any failure in the Services, e.g. errors in programs and the failure to make available any of the User’s Data or consequences of delayed support.
Protection of Personal Data
8.1 The User acknowledges that It’s in the Node AB will collect, process, and register personal data and other information about the User insofar as the information is needed in order for It’s in the Node AB to be able to provide the Services.
8.2 Personal data shall never be of a sensitive nature (Sw. känsliga personuppgifter).
8.3 It’s in the Node AB will handle the personal data in accordance with Swedish data protection laws and applicable EU data protection regulations. It’s in the Node AB shall maintain required technical and organisational measurements for protecting the personal data.
8.4 The User acknowledges that It’s in the Node AB may log in to the Users account in order to provide service, administration and trouble shooting.
User’s Data, Intellectual Property Rights etc.
9.1 All rights, copyright and intellectual property rights, in any In-Data shall remain vested in the User, its employees or its licensors. Also, all copyrights and other intellectual property rights that derive from the processing of the In-Data through the Services constitute the User’s property (“Out-Data”) (In-Data and Out-Data are together referred to as “Data”).
9.2 The User shall grant It’s in the Node AB the right to use all data accrued through the User’s use of the Services that does not constitute personal data (e.g. user information and user trends), including meta-data of the In-Data (e.g. size of In-Data) (“Statistical Data”). The Statistical Data helps It’s in the Node AB to administer the Services, provide convenient and personalized access, improve the features and usability of the Services, analyze user trends and information about users’ use of the Services, collect information about use and growth of the Services in specific regions, and evaluate the content and organization of the Websites and Services. The Statistical Data includes automatically gathered non-personally identifiable information that indicates the User’s association with It’s in the Node AB’s business partners or certain promotions. The non-personally identifiable information may be used by Node to provide anonymized aggregate reports.
9.3 Also, It’s in the Node AB shall be the sole owner of all design templates, data queries and similar rules created in connection with the User’s use of the Websites and Services (“Node Knowhow”). All copyright and other intellectual property right connected with Node Knowhow constitutes It’s in the Node AB’s property. The User is however granted a right to use Node Knowhow in its business, as long as the User uses It’s in the Node AB’s Services.
9.4 It’s in the Node AB or its licensors owns all copyright and other intellectual property rights in the Services and material and data on the Websites. Any use of extracts from the Websites for any purpose is prohibited.
9.5 Any rights not expressly granted in these Terms are reserved.
9.6 It’s in the Node AB invests a great deal of resources in order to ensure secure access and back-up of the User’s Data, as well as protection of Data in connection with any change of the Services. However, It’s in the Node AB cannot be held responsible for any alteration, deletion or loss of any Data.
The User acknowledges that in order for the User to effectively use the Services, Node have to receive access to the Data that the User upload or create while using the Services. By uploading the In-Data the User agrees to It’s in the Node AB, its employees or subcontractors having access to it and the Out-Data. It’s in the Node AB understands that the Data may be confidential and will by all reasonable means see to that the Data is kept confidential. However, It’s in the Node AB takes no responsibility for possible spread of the Data.
User’s compliance with local law
The User is responsible for compliance with local law.
12.1 Whilst Node endeavours to ensure that the information provided on the Websites and the information provided in connection with the Services are correct, It’s in the Node AB does not warrant the accuracy and completeness of such. It’s in the Node AB does not guarantee or warrant that the information on the Websites is always up to date.
12.2 The material on the Websites and the Services are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, Node provides access to the Websites and the Services on the basis that It’s in the Node AB excludes all representations, warranties, conditions and other terms in relation to the use, inability to use or the results of use of the Websites or the Services. This means that It’s in the Node AB and any of It’s in the Node AB’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any loss or damage that may result to the User or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill or data) in connection with the use, inability to use or the results of use of the Websites or Services.
12.3 The User acknowledges that the Services have not been developed to meet its individual requirements, and that it is therefore the User’s responsibility to ensure that the facilities and functions of the Services as described on the Websites meet the User’s requirements.
Indemnification, No Representations or Warranties & Limitation of Liability
13.1 The User agrees to indemnify and hold It’s in the Node AB harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from the User’s violation of the Terms or claims brought by third parties arising out of the User’s use of any of the Websites or Services and the Data it makes available via any of the Websites or Services by any means.
13.2 It’s in the Node makes no representations or warranties, express or implied, in fact or by operation of law, statutory or otherwise. It’s in the Node specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. All information provided by It’s in the Node AB to the User under this agreement, including, but not limited to, any and all information involving the Service, is provided “AS IS” and the entire risk arising out of the use of such information remains with the User.
13.3 It’s in the Node shall not be liable to the User for any special, incidental, consequential, indirect or punitive damages (including loss of (anticipated) profits) arising in any way out of this agreement, however caused and on any theory of liability.
14.1 It’s in the Node AB may, in its sole discretion, terminate, change or suspend (temporarily or permanently) this agreement and the User’s access to the Services.
14.2 The User may terminate this agreement at any time by written notice to It’s in the Node AB (e.g. via mail and digital channels). The termination will become effective after confirmation from It’s in the Node AB. Such confirmation shall not be withheld or unreasonably delayed.
14.3 Upon termination or permanent suspension for any reason: (i) all rights granted to the User under these Terms shall cease; (ii) the User must cease all activities authorized by these Terms; (iii) the User must immediately pay to It’s in the Node AB any sums due to It’s in the Node AB under the Terms; (iv) the User will not be entitled to any refund or credit in respect of any fee paid by the User in advance for any Services cancelled by the User or by Node due to the User’s breach of the Terms; and (v) Node may immediately and without further notice delete or remove any Data, and deactivate and remove the User’s account.
14.4 Upon temporarily suspension the User must cease all activities authorized under these Terms.
Transfer of Rights and Obligations
15.1 The User may not assign its rights and obligations arising hereunder, without It’s in the Node AB’s prior written consent.
15.2 It’s in the Node AB may assign and sub-contract any of its rights or obligations arising hereunder, at any time.
No waiver by It’s in the Node AB of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in the Terms represent the entire agreement between us in relation to the use of the Websites and the provision of the Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Governing Law and Jurisdiction
19.1 These Terms and any document expressly referred to in the Terms shall be governed by and construed in accordance with Swedish law.
19.2 Any dispute, controversy or claim arising out of or in connection with these Terms or any document expressly referred to in the Terms, or the breach, termination or invalidity thereof, as applicable, shall be finally settled by a Swedish court in Stockholm. Copyright It’s in the node AB