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TERMS OF USE

Last updated: June 1st, 2022

These Terms and Conditions (T&C) are for customers who have not signed an agreement with Avrogan AB at the time of purchasing services and/or software (Avrogan Service Excellence™ or the "Solution"). Clients, who have entered into a separate agreement with Avrogan AB at the time of purchasing services and/or software will be governed by the Terms in that agreement.

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Avrogan Terms of Service (Business)

Welcome to avrogan.com operated by Avrogan AB (hereafter sometimes referred to as “Avrogan”, “Us”, or “Our”). By using the avrogan.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”). If you object to anything in this Agreement or Avrogan Privacy Policy, do not use the Website or the Service or the Solution. This Agreement is subject to change by Avrogan at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of use govern the relationship between you and Avrogan.

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Access and Use of Avrogan Services

Subject to the terms and conditions of this Agreement, Avrogan may offer to provide the Services as described herein. Services shall include, but not be limited to, any services Avrogan performs for you, as well as the offering of any Content (defined below). We may, with prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service, including the availability of any feature, database, or Content. Avrogan may also impose limits on certain features and services or restrict your access to parts or all the Services. These will be as per the terms of the agreement agreed between you and Avrogan. You must provide Us with accurate information, including your real name, when you create your account on avrogan.com or on Avrogan Service Excellence™. You are responsible for safeguarding the password that you use to access the Services and/or the Solution for any activities or actions under your password. We encourage you to use strong passwords (i.e., passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. Avrogan will not be liable for any loss or damage arising from your failure to comply with this instruction. By connecting to the Website or the Solution with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store any necessary credentials for continuing to access that service. By providing Avrogan your email address you consent to Us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. The Avrogan API shall be used solely pursuant to the terms of the API Terms of Use (to be released later).

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User Content

“Content” means any information, text, data, or other materials created, edited, uploaded, downloaded, or appearing on the Services. You retain ownership of all Content you submit, post, display, or otherwise make available on the Services.

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Confidentiality

We acknowledge that We have no right or interest in any client data or information submitted by you or by third parties and Services used or controlled by you, and We do not access or use such data or information from the integrated script. This clause survives the termination of this Agreement.

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Confidential Information shall not include any information:

  • that is generally known and available in the public domain or

  • that was known prior to the start of negotiations, or

  • that is rightfully furnished to Us by a third party without restrictions on disclosure and without breach of confidentiality restriction, or

  • is independently developed or created by Us without the use of or any reference to the Confidential Information, or

  • is disclosed by Us to satisfy the legal demand by a competent Court of Law or government body, or

  • is approved for release or use by prior written consent of an authorized representative.

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Proprietary Rights

All rights, titles, and interests in and to the Services and the Solution (excluding Content provided by users) are and will remain the exclusive property of Avrogan and its licensors. Nothing in these Terms gives you a right to use the Avrogan name or any of the Avrogan trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Avrogan or the Services or the Solution are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, or other information. In consideration for Avrogan granting you access to and use of the Services and/or the Solution, you agree that Avrogan and its third-party providers and partners may place such advertising on the Services or the Solution or in connection with the display of Content or information from the Solution or the Services whether submitted by you or others.

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Limitation of Liability

AVROGAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL AVROGAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, OR THE SOLUTION, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, OR SITES LINKED TO BY THIS WEBSITE, BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY AVROGAN, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR THE COMPANY YOU ARE REPRESENTING ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED €1000.

 

Indemnity

You agree to defend, indemnify, and hold harmless Avrogan, all its parent and daughter corporations, officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the Website;

  • your violation of any term of these Terms of Use;

  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or

  • any claim that one of your Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

Applicable Law

This Website and Avrogan Service Excellence™ solution (the Solution) are created and controlled by Avrogan AB in Sweden. As such, the laws of Sweden will govern these terms, and conditions, without giving effect to any principles of conflicts of laws.

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Changes to Terms of Use

We may update these Terms of Use from time to time. This Terms of Use was last updated on June 1st, 2022.

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