END-USER LICENSE AGREEMENT (Last updated: 2017-03-24)
The following license terms constitute an agreement between you as the End-User and Mindconnect AB (reg. 556845-0810), a company incorporated under the laws of Sweden. We provide an App named Eventico. We are willing to license the App to you only if you accept all of the terms and conditions contained in this End-User License Agreement (“EULA”).
- 1 DEFINITIONS
“App” means the mobile application Eventico, available on Android and iOS. “End-User” means the individual using the App.
“Race” means a specific race or event hosted by the Race Organizer.
“Race Organizer” means a company or individual hosting a Race.
“we”, “us” and “our” means Mindconnect AB.
“you” and “your” means the End-User.
- 2 ACCEPTANCE OF EULA
2.1 Prior to using the App, you must have read, understood and accepted the EULA.
3 ACCOUNT CREATION
- 3.1 You need to create an account in order to be able to use the App. You are responsible for providing accurate, current, and complete information in connection with your registration.
- 3.2 In order to create an account, you will need a verification code. The verification code is provided by a Race Organizer at their discretion.
- 3.3 A Race Organizer may create an account on your behalf, as agreed separately between you and the Race Organizer. You are responsible for contacting the Race Organizer to modify your account information if such information is not accurate, current and complete.
4 THE APP
- 4.1 The purpose of the App is to provide a smart race management tool to plan and organize a Race. The Race Organizer may provide tasks and assignments to you through the App in connection with a Race, as well as information about a Race, such as routes, maps, closed roads, crew checkpoints and time schedules.
- 4.2 A Race Organizer may at its sole discretion choose if and what kind of Race you are eligible to participate in through the App. There may also be additional requirements, such as a unique verification code. Such requirements are individual and you may not share your unique verification code with others.
- 4.3 When you use the App in connection with a Race, you will share your geolocation to help the Race Organizer manage the crew during the Race.
- 4.4 In order for the App to function properly, you grant us the right to use the processor, cellular data, wifi, storage, location service, screen, accelerator and vibrate function on your device, as well as send you push notifications.
5 RIGHT TO USE
- 5.1 We grant you a non-exclusive, limited license to use and copy the App onto your device(s) in accordance with the EULA and any applicable Apple App Store/Google Play Store terms and conditions. The license is only granted to you for as long as you have an account with us.
- 5.2 Except as expressly granted in the EULA, you shall have no other rights to the App. All rights not expressly granted are reserved and retained by us.
- 5.3 You may not use, copy or transfer the App, or parts thereof, other than as permitted under the EULA. You may under no circumstance alter, develop, or create additions to the App.
- 5.4 You may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the App, or create backup copies, except as provided by mandatory law.
- 5.5 You may not sublicense, rent, loan or otherwise permit any third party, directly or indirectly, to dispose or otherwise use the App.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the App belong to us and/or third parties. Nothing in the EULA grants you a right or license to use any trademark, copyright or other intellectual property right owned or controlled by us. You agree to not sell, rent, lease, loan, distribute or modify the App and its content.
7 USER RESPONSIBILITIES
- 7.1 You may only use the App in accordance with the EULA, our guidelines and applicable law or regulation. You may not use the App in a way that causes us or a third party harm.
- 7.2 Your account is for your own use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.
- 7.3 You are solely responsible for any material, i.e. text or pictures, communicated or published by you through the App or your account. You agree not to communicate or publish any information that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
- 7.4 If any material communicated or published by you through the App or your account contains personal data about one or more individuals, it is your responsibility to ensure that you have collected the consent by such individuals prior to communicating or publishing such material. You may not communicate or publish any material that contains sensitive personal data (for example health data), as defined in the applicable data protection law or regulation below.
- 7.5 You warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8 TERMINATION OF ACCOUNTS
- 8.1 You may terminate your use of the App and close your account at any time. The EULA will apply until your account has been closed. To close your account, please contact the Race Organizer that hosted the Race you participated in as a member of the race crew, or us.
- 8.2 We reserve the right to, in our sole discretion, terminate your account and your right to use the App without liability for any damages in relation to you.
- 9.1 We are the personal data controller regarding personal data that you provide to us when you create your account or communicate directly with us. The personal data you provide to us will be processed in accordance with the Swedish Personal Data Act (SFS 1998:204) or the General Data Protection Regulation (EU 2016/679), whichever is applicable, and the EULA.
- 9.2 The Race Organizer is the personal data controller and we are the personal data processor for personal data which is collected when you use the App. Such personal data will be processed by us in accordance with a Race Organizer’s instructions and the abovementioned applicable data protection law or regulation.
- 9.3 We collect personal data which you provide directly to us, such as when you create and modify your account or when you communicate with us. When creating an account, we will ask you for the following personal data: name, email, phone number, photo, user name and password. When you contact us, we may ask you for additional information in order to assist you. The Race Organizer will collect and we will process your personal data when you use the App, i.e your geolocation, using the location service in your device, such as GPS.
- 9.4 The personal data we collect is used to provide you with the App, manage your account and to assist you when you contact us. We may send direct marketing information via e- mail. If you no longer wish to receive such information you can opt-out by contacting us. Personal data may also be used for internal market analysis, business development, to improve the App, and for statistical purposes.
- 9.5 The personal data you provide to us will be shared with the Race Organizer hosting the Race you participate in as a member of the race crew.
- 9.6 The personal data relating to you will be deleted by us upon deletion of your account. We will not retain any personal data relating to you once your account has been closed.
- 9.7 We are using a third party provider to host the App, currently Amazon Web Services (AWS). Personal data will be stored in the EU/EEA.
- 9.8 We take all reasonable steps to ensure that your personal data is correct and up-to-date. If you believe that your personal data stored by us is incorrect, please notify the Race Organizer or us and provide the correct data in order to rectify and update your personal data..
- 9.9 Once per calendar year, you are entitled to obtain information about your personal data stored and handled by us at no cost. The request must be in writing and addressed to us, on the address found under “CONTACT INFORMATION” below.
10 NO WARRANTY
- 10.1 YOU UNDERSTAND AND ACCEPT THAT YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP AND ANY CONTENT CONTAINED AND MADE AVAILABLE THROUGH THE APP, INCLUDING TEXT, GRAPHICS, INFORMATION, MAPS OR OTHER ITEMS ARE ALL PROVIDED « AS IS » AND « AS AVAILABLE”.
- 10.2 WE DO NOT: A) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED IN THE APP, AND B) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, TASK, MISSION, ADVICE, OR STATEMENT MADE BY A RACE ORGANIZER OR THIRD PARTY THROUGH THE APP. WE DO NOT WARRANT THAT YOUR USE OF THE APP WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.
11 LIMITATION OF LIABILITY
- 11.1 WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP.
- 11.2 OUR MAXIMUM AGGREGATE LIABILITY TO YOU IS LIMITED TO 1000 SEK. WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.
12.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE APP AND YOUR VIOLATION OF THE EULA.
13 TERMS APPLICABLE IF YOU USE AN iOS DEVICE
- 13.1 You acknowledge and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the EULA, and that, upon your acceptance of the EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.
- 13.2 Apple Inc. will not provide any support.
- 13.3 IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE APP INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, WE, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
- 13.4 APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER OR OBLIGATION TO PAY DAMAGE UNDER THE EULA.
14 LAW AND VENUE
- 14.1 The terms of this EULA shall be construed in accordance with and governed by the laws of Sweden, without regard to its conflict of law provisions.
- 14.2 Any dispute, controversy or claim arising out of or in connection with this EULA shall be finally settled by Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.
If you have any questions regarding the EULA, or any question, complaint or claim with respect to the App, please contact us at:
Address: c/o Embassy, Folkungagatan 44, plan 6, 118 26 Stockholm, Sweden