Terms of Service
By completing the user registration form (creating a user account) you agree to be bound by the following terms and conditions (“Terms of Service”).
1.1 “User” means the individual who, with or without an invitation from another user, registers a user account and gains access to the Services provided by Mobilimeet.
1.2 “Web Site” means Mobilimeet’s web site at www.mobilimeet.com.
1.3 “Services” means the mobile apps, web services, associated software, and other services related thereto provided to the User by Mobilimeet in accordance with this Agreement and with the characteristics and features as described at the Web Site from time to time.
1.4 “App(s)” means the end-user mobile and/or computer applications related to the Services as available for download on various app stores, etc.
1.5 “Device(s)” means the end-terminal device such as phones, computers or other devices to which the Customer may download and install the Apps and thereby access the Services.
1.6 “Meeting” means a single meeting with a limited group of Users who are authorised to access the meeting.
1.7 “Meeting Capacity” means the maximum number of participants in a specific meeting
1.8 “Free Service” means a Service, which is provided free of charge or which is under development or evaluation and is marked “free”, “demo”, “trial”, “beta” or “evaluation” (or a similar designation).
1.9 “Content” means all visual, written or audible data, information or material including, without limitation: meeting locations, participant lists, documents, images, text messages, notifications, form entries, and similar material, which are uploaded to, transferred through, publicly posted, disseminated by email, processed or entered into the Services by the User.
1.10 “Employer” means the legal entity entitled to ownership of the e-mail address used by the User upon registering and to which the User is associated through an employment relationship, consulting arrangement or similar circumstances. Employer shall not mean an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilized by the User.
2 Services and License Grant
2.1 Subject to the terms and conditions of this Agreement, Mobilimeet hereby grants to the User a non-transferable, non-exclusive, non-sublicensable limited term right and license for the User to access and use the Services.
2.2 Mobilimeet reserves the right to effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice.
2.3 Mobilimeet undertakes to adopt reasonable measures in order to ensure that the Services are available over the Internet around the clock, seven days a week. Mobilimeet shall be entitled to take measures that affect the aforementioned accessibility where Mobilimeet deems such to be necessary for technical, maintenance, operational, or security reasons. The User is aware and acknowledges that the User’s access to the Internet cannot be guaranteed and that Mobilimeet shall not be liable for deficiencies in the User’s own Internet connections or equipment.
2.4 The User may grant other individuals access to the User’s Meetings.
2.5 Mobilimeet shall be entitled to retain subcontractors for the performance of obligations in accordance with this Agreement. Mobilimeet shall be liable for the subcontractors’ work and services in the same manner as for its own work and services.
2.6 In the event the User enters into this Agreement and creates a user account using an e-mail address belonging to an Employer, such user account may be or may later become subject to additional terms and conditions resulting from the Employer’s existing or future business relation with Mobilimeet. The user is aware of and acknowledges that the Employer, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services. Such actions may include, without limitation, administrative actions by the Employer, instructions issued by the Employer to Mobilimeet and actions due to a discontinuation of an employment or consulting relationship with the User.
3 Free Services
3.1 Free Services are provided strictly “as is”. The User may use a Free Service in a manner consistent with the terms and conditions of this Agreement, but Mobilimeet may, at its own discretion, disable certain features of a Free Service and enforce time limits on the User’s right to use the same. In light of the fact that a Free Service is provided free of charge, Mobilimeet disclaims all warranties, representations, and liabilities as set forth in this Agreement and Mobilimeet shall not be liable for any damages related to the User’s use of a Free Service.
4 User Obligations
4.1 The User shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail or in any other manner. The regulations are also available on the Web Site.
4.2 The User undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address.
4.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed, disseminated by the User, or entered into the Services by the User shall be the sole responsibility of the User.
4.4 The User shall be responsible for monitoring its Content and shall be liable vis-à-vis Mobilimeet for ensuring that Content transferred to or handled within the Services which is processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licences from third parties as may be required in order to process the Content/use the Services.
4.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile network communications or prevent or disrupt the equipment employed in order to provide and use the Services.
4.6 The User is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practises.
4.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.
4.8 The Customer undertakes not to provide access to the Services to anyone else than Users who have completed the user registration and thereby agreed to the Terms of Service. User accounts cannot be shared or used by more than one individual User.
4.9 The User is obligated to notify Mobilimeet regarding any suspected breach of these provisions.
5.1 Mobilimeet shall hold title to all intellectual property rights and technical solutions or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the User in the manner stated in this Agreement. Under no circumstances shall the User or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services, or to any trademark or any other business mark belonging to or used by Mobilimeet. Access to the Services is licensed, not sold.
5.2 All Content uploaded to, transferred through, processed or entered into the Services by the User shall remain the sole property of the User or its respective legal owner. Mobilimeet shall have no liability for such Content.
6 Personal Data, Privacy
6.1 In order for the User to be able to use the Services, the User must provide certain data to Mobilimeet, including but not limited to full name and e-mail address. In the event the User registers a user account following an invitation from another User or customer to Mobilimeet, such information may also have been provided to Mobilimeet by the inviting User or customer to Mobilimeet. Following receipt of such data, Mobilimeet will process the same using automatic data processing in order to enable Mobilimeet to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorized persons do not gain access to the Services. As provided in section 11, “Confidentiality”, Mobilimeet will not disclose to any third party any personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User. The User also has the right and the obligation to rectify such data. Further information may be obtained by contacting the data controller, Mobilimeet AB, at the following address:
SE-111 53 Stockholm, Sweden
6.2 In addition, in order for the User to be able to use the Services, the User must allow Mobilimeet to store and retrieve session information on the User’s end terminal equipment, through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services.
6.3 According to the Personal Data Act (1998:204), Mobilimeet must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by Mobilimeet.
6.4 According to the Electronic Communications Act (2003:389), Mobilimeet must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.
6.5 By accepting this Agreement, the User explicitly consents to (a) the collection and processing by Mobilimeet of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.
6.6 Mobilimeet shall adopt reasonable measures to protect the privacy of the User. Mobilimeet’s information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.
7 Security, Passwords, etc.
7.1 Mobilimeet shall not be responsible for loss or distortion of Content forwarded electronically in or through the Services where such is not due to the negligence or intentional acts of Mobilimeet.
7.2 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorized use of the Services. Mobilimeet shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.
7.3 Where it is suspected that any unauthorized person has become aware of the user identity and/or password, the User shall immediately inform Mobilimeet thereof.
7.4 The User shall be liable for losses or damage incurred by Mobilimeet where the User intentionally or negligently reveals the user identity/password to a third party or where the user identity and password otherwise become known to an unauthorized party, unless the User notifies Mobilimeet immediately upon suspicion that such has occurred.
7.5 After Mobilimeet has been notified of a suspicion that an unauthorized person has become aware of the user identity/password, the User shall be liable for Mobilimeet’s acts or omissions only where the User has acted with intent or gross negligence.
7.6 Mobilimeet shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards.
8 No Warranty
8.1 To the extent permitted by law, Mobilimeet expressly disclaims all warranties with respect to the Services, whether express or implied, including without limitation, fitness for a particular purpose, accuracy or reliability of results from use of the Services, that the Services will meet specific requirements, that the Services will be uninterrupted, completely secure, free of software errors, or that defects and deficiencies in the Services will be corrected.
9 Limitation of Liability
9.1 The User shall not be entitled to damages or other remedies in the event of disruption of operations or errors that impede Internet data communications.
9.2 In the event third-party claims are brought against Mobilimeet as a result of the use of the Services, the User shall hold Mobilimeet harmless in respect of such claims.
9.3 Mobilimeet shall not be liable to the User in the event of distortion or loss of data or other defects or deficiencies in provided Services that are due to Mobilimeet. Errors must be notified by the User in accordance with Mobilimeet’s instructions as issued from time to time.
9.4 Mobilimeet’s liability in accordance with this Agreement is limited to SEK 0 (nil). Under no circumstances shall Mobilimeet be liable for direct or indirect losses, loss of profits or anticipated savings, loss of revenue, loss of data, or claims for compensation from third parties.
10 Force Majeure
10.1 Mobilimeet shall be released from liability in damages and other sanctions where the User’s access to the Services is prevented or rendered materially more onerous due to circumstances beyond Mobilimeet’s control and which it could not have reasonably foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator’s network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, or energy, or other similar circumstances.
11 Confidentiality, etc.
11.1 Mobilimeet undertakes not to disclose to any third party, or otherwise make available, information received by Mobilimeet from the User within the scope of the Agreement. “Third party” in this section shall not mean the Users who have access to the same Meeting. This confidentiality obligation shall not apply to such information as Mobilimeet can demonstrate became known to Mobilimeet other than pursuant to this Agreement or which is in the public domain. Nor shall the duty of confidentiality apply where a party is obligated to provide information pursuant to legal provisions, public authority regulations or court orders. The duty of confidentiality shall remain in force notwithstanding the termination of the Agreement.
11.2 Mobilimeet reserves the right to analyze usage patterns in an aggregated form.
11.3 Other than pursuant to the User’s instructions, legal provisions, public authority regulations or court orders, Mobilimeet shall not be entitled to review Content processed by the User via the Services.
12.1 Mobilimeet reserves the right to amend the terms and conditions of this Agreement at any time without prior notice. The User shall be informed of such amendments by e-mail or through the information being made available on the Web Site.
13 Term of Agreement and Termination, etc.
13.1 This Agreement shall enter into force upon acceptance by the User of these terms and conditions through execution of this Agreement within the App or on the Web Site in conjunction with registration. This Agreement shall remain in force for an indefinite term until such time that User’s account is shut down and deleted.
13.2 Upon termination of this Agreement, Mobilimeet shall not be responsible for the Content generated within the scope of the Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc. of the Content that the User desires to retain.
13.3 Upon the active termination of the User account by the User, Mobilimeet shall be entitled to immediately delete and destroy all Content within the scope of the Services related to the User.
13.4 Upon termination this Agreement for any reason, Mobilimeet shall be entitled to and undertakes to permanently delete and destroy all copies of the User’s Content related thereto within a timeframe reasonable relating to the back-up and administrative procedures applied by Mobilimeet from time to time.
13.5 Sections 9 and 11 shall survive any termination of this Agreement.
14 Access Restrictions, Premature Termination
14.1 Mobilimeet shall be entitled, with immediate effect, to disable the User’s access to the Services or to prematurely terminate this Agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for Mobilimeet or any third party; (c) the User uses the Services in a manner that violates Mobilimeet’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilizes resources or seeks unauthorized access to Mobilimeet’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.
15.1 Mobilimeet shall be entitled, in whole or in part, to assign its rights and obligations under this Agreement to a company within the same de jure or de facto group of companies as Mobilimeet without the User’s prior consent.
15.2 The User shall not be entitled to assign his/her rights or obligations under this Agreement.
16 General Provisions
16.1 This Agreement has been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of this Agreement are provided solely for accommodation purposes.
16.2 If any provision of this Agreement is declared unenforceable for any reason, the remainder of this Agreement will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.
17 Governing Law and Disputes
17.1 This Agreement and the ensuing relationship between Mobilimeet and the User shall be construed in accordance with, and governed by, the laws of Sweden.
17.2 All disputes relating to this Agreement shall be adjudicated in Stockholm, Sweden, with the District Court of Stockholm as the court of first instance.
Version 1.0, May 2014