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TERMS OF USE

These following terms (the “Terms of Use”) apply to any natural or legal person (such as visitors and end users) (the “Customer”) that access to and use of the services located at www.cadcog.com (“CADcog’s website”) and/or any related mobile application, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”) provided by CADcog AB, org. no.559333-0318, (“CADcog”, “we”, “our”, “us”).

 

CADcog and the Customer are individually named “party” and collectively named “parties”.

 

By accessing the Services in any manner, including but not limited to visiting or browsing CADcog’s website, the Customer agrees to these Terms of Use and all other policies and procedures that may be published from time to time on the CADcog website, each of which is incorporated by reference and each of which may be updated from time to time without notice to the Customer.

 

These Terms of Use shall act as a legally binding agreement between the parties. Our Privacy Policy governs the Customer’s use of our Services and explains how we collect, protect and disclose personal data that is made available to us from the Customer 's use of our Services. Please read our Privacy Policy here.

By using the Services, the Customer acknowledges that he or she has read and understood these Terms of Use and agrees to be bound by these Terms of Use. The Customer may only accept these Terms of Use if he or she has legal authority to do so. If the Customer accepts these Terms of Use on behalf of a legal entity he or she must be authorized to enter into binding agreements on behalf of the legal entity concerned under applicable law.

 

If the Customer, at any point, does not agree with these Terms of Use, the Customer must discontinue the use of the Services immediately.

1.   SOFTWARE AS A SERVICE

  • Our Services are made available as software as a service (SaaS) at www.cadcog.com and shall be updated as soon as new versions are available. The Services are offered in the standard latest version available at the time when the Customer accessed the Services for the first time, and they are not configured to individual needs of the Customer, unless specifically agreed in a separate written agreement between such Customer and us. The Services may however by updated and upgraded from time to time and the Customer shall have access to such updates and upgrades available during its subscription. CADcog does not guarantee any percentage rate of availability of a specific function, website or application included in the Services.

  • The Customer acknowledges and agrees that our Services are made available “as is” without warranty of merchantability or fitness for a particular purpose or any other warranty, expressed or implied, and in constant development and improvement.

  • In no event shall we be liable for any incorrect use by the Customer of the Services or any loss, claim, damage or liability, of whatsoever kind of nature, which may arise from or in connection with the use of the Services. The Customer accepts all responsibility for such use of the Services and any consequences resulting from such use of the Services.

  • The Customer and its end users must use the Services in accordance with the Terms of Use (as made available from time to time on CADcog’s website) and other instructions provided by us with respect to use of the Services and any underlying software.

2.     ACCESS MANAGEMENT

  • The provision of the Services shall take place without undue delay. The digital content related to the Services shall be considered provided when the Customer is given access to such content and/or provided with technical measures to download the contents.  A digital service related to the Services shall be considered provided when it is made available to the Customer.

  • The provision of the Services shall require the Customer to create an account on CADCog’s website. The Customer represents and warrants that the information provided to us is accurate, complete, and up-to-date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the Customer’s account on Services. By subscribing to the Services, the Customer represents and warrants that it has the full authority, right, and capacity to enter into the agreements and abide by these Terms of Use.

  • The Customer of a subscription is responsible for maintaining the confidentiality of its account and password, including but not limited to the restriction of access to its computer and/or account. The Customer agrees to accept responsibility for any and all activities or actions that occur under its account and/or password, whether its password is with our Services or a third-party service. The Customer must notify us immediately upon becoming aware of any breach of security or unauthorized use of its account.

  • The Customer may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the Customer, without appropriate authorization. The Customer may not use as a username any name that is offensive, vulgar or obscene.

  • The Customer is responsible for the activities of all its end users who access or use the Services through its account and the Customer agrees to ensure that any such end user will comply with the terms of these Terms of use and any CADcog policies.

  • If the Customer or one of its end users use the Services in violation of these Terms of Use, we are entitled to exclude such user from the Services. We reserve the right to refuse Services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

  • The Customer shall notify us immediately if its username or password is lost or stolen, or if it believes there has been unauthorized access to its account.

3.      LICENSE TO USE THE SERVICES

  • Ownership of any background, data, material, information, intellectual property etc. provided by CADcog for the purposes of these Terms of Use, the Services, etc., shall continue to vest in CADcog. All rights are expressly reserved by CADcog, and Customer hereby explicitly consents that no right, title, or interest in or to the Services or anything contained therein is transferred to the Customer.

  • The Customer is granted a non-commercial, non-exclusive, limited, personal, non-transferable, non-sublicensable, revocable license to use the Services solely for its intended purpose.

  • The provisions of this Section 3 shall apply without limitation and without restriction in time.

4.     CUSTOMER DATA

  • Any Customer Data shall remain property of the Customer. The “Customer Data” shall mean any document, data or information that is provided by the Customer (or at its instruction) to CADCog and processed by CADcog for the benefit of the Customer via the Services.

  • The Customer represents and warrants that it has full legal rights on the Customer Data and is authorized to use the Customer Data when using the Services. The Customer further represents and warrants that the Customer Data is lawful and legal and cannot be regarded as unlawful for the purposes of these Terms of Use. In the event the Customer Data, in whole or in part, is claimed to be unlawful or illegal in any jurisdiction, the Customer accepts full responsibility and shall reimburse any costs that CADcog may incur in relation to such claim. This includes but is not limited to any virus or other distracting program or device that could incur or injure any computer system.

  • Any results of the use of the Services by the Customer, including, but not limited to, the results generated through the permitted use of the Services, will be owned by the Customer and may be used by the Customer for any purpose it deems fit.

  • The Customer acknowledges and agrees that CADcog shall not be responsible for the content of the Customer Data. CADcog shall not be responsible for the content, accuracy or completeness of information obtained by the Customer from the use of the Services. CADcog shall not access or use the Customer Data, except as necessary to provide the Services to the Customer, and in accordance with the Privacy Policy.

  • In connection with the Services, CADcog may receive Personal Data as the term is defined in the GDPR. CADcog may process Personal Data as part of the Services ordered by the Customer. With a view to any Services that may entail the processing of Personal Data, the separate Data Processing Agreement available here shall apply.

  • Notwithstanding anything else stated in the Terms of Use, CADcog may use statistical data regarding the Customer’s use of the Services, provided that Customer shall not be identified in connection with such statistics.

5.      PRICING STRATEGY

  • CADcog uses a “freemium” pricing strategy, so the Services are provided free of charge. In addition to the free Services the Customer may access premium Services such as improved security, calendar and other specific premium features for which the Customer shall be charged. The fees applicable for the premium Services are set forth on the CADcog website: https://www.cadcog.com/.

  • By signing up for premium Services the Customer acknowledges that the Customer’s subscription will result in a recurring payment by the Customer indefinitely until the Customer cancels the subscription. The Customer agrees that CADcog may, on a recurring basis, charge the Customer’s credit card or other payment mechanism selected by the Customer in its account, for costs related to the premium Services. The different types of subscriptions available shall be set out on CADcog’s website from time to time.

  • The Customer’s payments to CADcog for use of the premium Services shall be made by one of the payment methods stipulated on CADcog’s website (which may be amended to time to time). CADcog shall not be responsible for error by the third-party processor. CADcog does not control these third-party services or their contents. Customer is advised to carefully review any agreements, terms and privacy policies relating to the services and/or their content of such third parties. In the event CADcog stipulates direct billing, instead of the use of a third-party services, the Customer shall pay in accordance with instructions from CADcog. Any late payment due to CADcog shall accrue interest according to the Swedish Interest Act (1975:635). Subject to applicable laws and especially to the rules applicable to consumers, in the event of non-payment by Customer, CADcog retains the right to inactivate Customer’s account and stop providing the Services. CADcog also reserves the right to refuse any order placed through its website and/or application.

  • CADcog reserves the right to correct any errors or mistakes in pricing, even for requested or received payment.

6.      CONSUMER RIGHTS

  •  In the event Customer is a consumer (hereinafter the “consumer”), all mandatory applicable laws and regulations (including but not limited to konsumentköplagen (2022:260) and lagen om distansavtal (2005:29)) shall apply to the consumer.

  • This Section 6 aims to provide the Customer with general information about its rights as a consumer under Swedish law. This information contained within this Section 6 is for informative purposes only and is not intended as legal advice. For help in this matter the consumer can contact Konsumentverket (www.konsumenverket.se).

  •  Consumer’s rights under the Swedish law are the following:

a) Right to complain about errors with the Services

If the consumer has a problem with the Services, the consumer has the right to contact us at johan.holtby@cadcog.com and complain about the error. CADcog is responsible for errors in the digital content or digital service that existed at the time of provision of the Services and that appear within three (3) years from the time of such provision. The consumer’s complain must be made within two (2) months from the end of the three (3)-year time period as mentioned above. An “error” may be (i) not receiving updates during the subscription period (when the subscription provides continuous access), (ii) not receiving the latest version that was available when the consumer entered into agreement with CADcog, (iii) that the Services do not work, even though the consumer accessed the Services based on instructions that the consumer received from the CADcog. For the avoidance of doubt, if the error is due to, for example, errors in the consumer’s hardware or software (including any virtual reality hardware systems or related software which was provided by third-parties to the consumer), CADcog shall have no responsibility for the error.

b) Right to have the error fixed or receive a redelivery of the Services in case of error with the Services

Provided that CADcog is responsible for the error, the consumer shall have the right that CADcog corrects the error free of charge or to make a redelivery, whichever option would be more reasonable at CADcog’s sole discretion. For the avoidance of doubt, the consumer shall not have the right to a redelivery of the Services if something outside CADcog’s control makes it impossible for CADcog to deliver.

 

c) Right to receive a price reduction in case of error with the Services

The price deduction must correspond to the error. It means the reduction in value compared to the value that the Services would have had without the error. For Services that are provided continuously during a period, the price reduction shall refer to the part of the time period in which there was an error.

d) Right to terminate the subscription in case of error with the Services

By terminating the subscription, the access to the Services shall be lost. The consumer shall receive a refund for the part of the Services which the consumer was unable to use. The refund shall be done to the account used by the consumer to pay for the subscription. No credit receipts or gift cards shall be offered to the consumer.

 

e) Rights in case of delay in making available the Services

The consumer may choose between demanding that the subscription is completed and cancelling the subscription. However, CADcog shall not be obliged to complete the subscription, if there is an obstacle that CADcog cannot overcome or if it would require unreasonable efforts. If such circumstances cease to exist within reasonable time, the consumer may, however, demand that CADcog completes the subscription. The consumer loses the right to demand that CADcog completes the subscription, if the consumer waits an unreasonably long time to make the demand.

 

The consumer may cancel the subscription if CADcog’s delay is of significant importance to the consumer or if the consumer has informed CADcog before accessing the Services that it is essential to the consumer to access the Services by a certain day. For the avoidance of doubt “delay” means a case when the Services are not delivered or delivered late without the consumer being at fault for such delay. The consumer may also cancel the subscription if CADcog announces that the Services will not be delivered.

 

If the consumer has demanded that CADcog makes available the Services within a specified additional time and if the additional time is not unreasonably short, the consumer may cancel the subscription if the Services are not delivered within the additional time. While the additional period is running, the consumer may cancel the subscription only if CADcog announces that the subscription will not be completed within this period. If the consumer has demanded that the subscription should be completed without specifying any additional time, the consumer may cancel the subscription if the Services are not made available within a reasonable time after the demand was made.

 

In addition, the consumer may claim damages from CADcog, unless CADcog shows that the delay or error is due to an obstacle beyond CADcog’s control. If the Services have been made available too late, the consumer may cancel the subscription due to the delay only if the consumer, within a reasonable time after the consumer became aware of the delivery, notifies CADcog that the subscription is cancelled.

 

f) Right of withdrawal

The consumer shall have a period of fourteen (14) days, to withdraw from the Terms of Use without giving any reason (“Withdrawal period” or in Swedish; “ångerrättsperiod”). The Withdrawal period shall expire after fourteen (14) days from the day of the conclusion of these Terms of Use. If the consumer wishes to withdraw from these Terms of Use, it can do so by informing CADcog of its decision. CADcog shall have the right, in its absolute discretion, to accept a late request of withdrawal sent by the consumer after the Withdrawal period has expired but within maximum 60 days from the day of the conclusion of these Terms of Use. The consumer can complete the forms attached here (https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett) which originate from Konsumentverket (www.konsumentverket.se; in Swedish; “Ångerblankett”).

By accepting these Terms of Use, the Customer expressly acknowledges and accepts that at the time of its registration of its free account or of the purchase of its paid subscription, whichever would occur first, the provision of the Services begins immediately after validation of the account and/or of the purchase of the paid subscription.

 

If the consumer withdraws from these Terms of Use, CADcog shall reimburse the consumer without undue delay such applicable payments received from the consumer. CADcog shall use the same means of payment for the refund that the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise with CADcog. The refund will not imply any costs for the consumer.

7.      DATA PROTECTION

  • The Customer’s personal data shall be treated in accordance with CadCOG’s Privacy Policy, available here and shall be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, General Data Protection Regulation (the ”GDPR”). For the avoidance of doubt, any reference to protection terms shall be interpreted in accordance with their meaning provided by the GDPR.

  • The Customer has been informed about the fact that third parties from the EEU/EEA and outside of the EU/EEA may be able to take part of the Customer Data. The Customer hereby consents to any transfer of its Customer Data from CADcog to any third-party, however always subject to applicable law and regulations.

8.     WARRANTIES

  • In addition to any other representations and warranties described in other Sections of these Terms of Use, CADcog reserves the right to modify, suspend, remove, and amend the Services, including the content of the Services, in its own discretion, however without any extra costs charged to the Customer . Amendments shall be announced on CADcog’s website in due time prior to their entry into force.

  • If the amendments to the Services impair significantly the access to or use of such Services by a Customer who is a consumer, the Customer shall give the right to terminate the Services with immediate effect. However, this shall not apply if the Customer has the opportunity to continue accessing or using the Services in an unchanged form and in faultless condition at no extra cost. Termination shall take place no later than thirty (30) days from the time the Customer receives notification of amendment of the Services from CADcog or from the time the amendment of Services was implemented by CADcog, if it happened later. 

  • CADcog is not responsible for services, or any other activities provided by its associated partners. CADcog shall not be held responsible for any measures taken by its associated partners, including but not limited to changes in ownership, insolvency and/or litigation.

  • CADcog may suspend the provision of the Services, for example in case of scheduled maintenance or in the event of a virus, worm, trojan or other attacks on CADcog’s IT environment.

9.      LIMITATION OF LIABILITY

  • Subject to applicable laws and regulations, each party agrees to indemnify and hold the other party (including its affiliates and employees) harmless against all liability, damages, claims, demands, reasonable legal costs and expenses of whatsoever nature arising out of or in connection with these Terms of Use.

  • The Customer acknowledges and agrees that CADcog is not liable for the Customer’s use of third party equipment (such as virtual reality hardware systems and related software that may be provided to the Customer by a third party) that may be used with the Services.

  • Any claim for compensation by the Customer must be made at least two (2) months after the date when the Customer first became aware of the breach.

  • CADcog shall not be held liable for any reasonable delays of the Services under these Terms of Use. CADcog’s liability under these Terms of Use shall at all times be limited to the amount equal to the total fees paid by the Customer for the Services during the six (6) months prior to the claim. If six (6) months have not passed since the Customer signed up for the Services the limitation shall nevertheless be equivalent to six (6) months of the total fees that would have been paid.

  • Except for claims for wilful misconduct or gross negligence, in no event shall parties be liable to the other party for any loss of profit, loss of business, loss of data, or for any indirect, incidental, consequential, special or exemplary damages arising in connection with the Services.

  • Notwithstanding anything said in this Agreement, CADcog does not seek to limit liability in respect of mandatory laws and regulations and in particular in respect of consumers.

10.     DURATION AND TERMINATION

  • These Terms of Use shall enter into force on the date when the Customer first uses the Services (i.e., registering for and/or using the Services in any manner, including but not limited to visiting or browsing CADcog’s website and/or sign up for an account via CADcog’s website).

  • Each party shall have the right to cause these Terms of Use to be terminated at any time by giving the other party written notice to that effect not less than sixty (60) days in advance. If the Customer has a paid Subscription, the subscription continues until it expires.

  • These Terms of Use may also be terminated by either party with immediate effect upon written notice if the other party should become insolvent or a petition in bankruptcy should be filed by or against it, or a receiver of its property or a substantial part thereof should be appointed.

  • CADcog may terminate the Customer’s account and access to the Services and other rights to access the website and/or application immediately if the Customer breaches these Terms of Use or CADcog is required to terminate such rights by law due to misconduct. These remedies are in addition to any other remedies CADcog may have at law.

11.     MISCELLANEOUS

  • Any notice to be given by the Customer pursuant to these Terms of Use must be in writing and may be sent by email to the e-mail address of CADcog johan.holtby@cadcog.com.

  • The parties understand and agree that their relationship hereunder is one of contract and that they are not and shall not be construed as partners, joint ventures, or agent and principal. In no event shall either party be authorized to act for or on behalf of the other party.

  • If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid under any applicable statute, rule or law, each party agree that such invalidity shall not affect the validity of the remaining provisions of these Terms of Use, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.

  • These Terms of Use (including any other agreements available on CADcog’s website, such as the Privacy Policy and the Data Processing Agreement) constitutes the entire agreement between Customer and CADcog with respect to this subject matter, and supersedes all prior discussions, communications and agreements, written or oral, with respect thereto. Customer and CADcog confirm that they have not been induced to enter into these Terms of Use as a result of any representation or statement which is not set out herein.

12.     LAW AND JURISDICTION

  • If Customer files a complaint, such complaint may be sent to CADcog by e-mail at johan.holtby@cadcog.com.
    In the event the Customer is a consumer, the Customer may also have the right to report or file a complaint to the general complaints board in its country. The Swedish general complaints board is National Board for Consumer Disputes, (ARN): www.arn.se. The complaint can be made directly on ARN website, sent via email at arn@arn.se or via post at ARN, Box 174, 101 23 Stockholm. More information on this can be found by the Customer here: www.arn.se/om-arn/Kontaktaoss/ .

    The Customer may also report or file a complaint through the European Commission’s Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN .

    The Customer endeavors to use its reasonable efforts to negotiate and settle any dispute or claim that may arise in relation to these Terms of Use.

  • These Terms of Use and all matters in relation to the Services shall be construed in accordance with Swedish law and the Swedish courts shall have jurisdiction, however always subject to mandatory consumer law.

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