Terms of Service

                         Elastisys Cloud Automation Platform
                                 Terms of Service

  1. Your Agreement with Elastisys

      1. This Elastisys Cloud Automation Platform Terms of Service (the
      “Agreement”) is a legal agreement between you or your company and
      Elastisys. “Elastisys” means Elastisys AB, a company with limited
      liability under Swedish Law, registered in Sweden with registration number
      556873-6135, and its subsidiaries or affiliates involved in providing you
      with the Elastisys Cloud Automation Platform service(s) and
      the software it consists of (the “Service”).

      2. In order to use the Service, you must first agree to the Agreement.
      You understand and agree that Elastisys will treat your use of the
      Service as unconditional acceptance of the Agreement from that point
      onwards.

      3. You may not use the Service if you are a person barred from receiving
      the Service under the laws of the country in which you are resident or
      from which you use the Service. You affirm that you are over the age of
      13, as the Service is not intended for children under 13.

      4. You agree that this Agreement is enforceable like any written
      negotiated agreement signed by you.

  2. Applicable Law

      1. This Agreement shall be governed by and construed in accordance with
      the law of Sweden. The United Nations Convention on Contracts for the
      International Sales of Goods is hereby excluded from application to this
      Agreement.

      2. In the event of a dispute arising out of or relating to this Agreement,
      including any question regarding its existence, validity or termination,
      each party irrevocably agrees to submit to the exclusive jurisdiction of
      the district court of Umeå, Sweden, without giving up the right to an
      appeal. However, in case of a pressing matter that cannot await mediation
      a party has the right to initiate a summary proceeding before the
      Handelskammaren court in Stockholm, Sweden.

  3. General Legal Terms

      1. The Agreement constitutes the whole legal agreement between you and
      Elastisys and govern your use of the Service (but excluding any services
      which Elastisys may provide to you under a separate written agreement),
      and completely replace any prior agreements between you and Elastisys in
      relation to the Service.

      2. There are no third party beneficiaries to this Agreement. The parties
      are independent contractors, and nothing in this Agreement creates an
      agency, partnership or joint venture.

      3. If Elastisys provides you with a translation of the English language
      version of this Agreement, the English language version of this Agreement
      will control if there is any conflict.

      4. You agree that Elastisys may provide you with notices, including those
      regarding changes to this Agreement, by email, regular mail, or postings
      on the Service.

      5. You agree that if Elastisys does not exercise or enforce any legal
      right or remedy which is contained in this Agreement (or which Elastisys
      has the benefit of under any applicable law), this will not be taken to be
      a formal waiver of Elastisys’ rights and that those rights or remedies
      will still be available to Elastisys.

  4. Use of the Service

      1. You must provide accurate and complete registration information any
      time you register to use the Service. You are responsible for the security
      of your passwords and for any use of your account. If you become aware of
      any unauthorized use of your password or of your account, you agree to
      notify Elastisys immediately.

      2. You may not, and may not allow others, to use the Service or the
      Software for purposes that are illegal or unlawful or harmful to others,
      or infringe unlawfully upon the rights of Elastisys or others. If you do
      so, Elastisys has the right to suspend the Service to you and/or end this
      Service and/or this Agreement without a notice period and without a
      refund.

      3. Your use of the Service must comply with all applicable laws,
      regulations and ordinances, including any laws regarding the export of
      data or software.

      5. You may neither share nor re-sell your Elastisys account to 3rd
      parties.

      6. You agree not to engage in any activity that interferes with or
      disrupts the Service (or the servers and networks which are connected to
      the Service).

      7. You acknowledge and agree that Elastisys may restrict your API usage in
      order to preserve the quality of service for other users.

      8. Elastisys permits you to use the Service only in accordance with the
      terms of this Agreement.

      9. Information Elastisys collects regarding your use of the Service is
      used in accordance with Elastisys Privacy Policy, which you agree to as
      part of this Agreement.

  5. Grant of License from Elastisys

      1. This Agreement grants you a personal, worldwide, royalty-free, non-
      assignable, and non-exclusive license (“License”) that permits you to use
      the Service in the manner permitted by the Agreement.

      2. This License is non-transferable. Unless Elastisys has given you
      specific written permission to do so, you may not assign (or grant a sub-
      license of) your License, grant a security interest in or over your
      License, or otherwise transfer any part of your rights to use the License.

      3. If upgrades, updates, or supplements of the Service are obtained, the
      use of such upgrades or updates is governed by this Agreement and the
      amendments that may accompany them and may be subject to additional
      payments and conditions.

      4. The Service uses third-party cloud infrastructure services by Cloud
      Providers. You agree to uphold the pertinent License Agreements of these
      third-party services to whatever extent it applies to your usage of those
      services.

  6. Proprietary Rights

      1. You acknowledge and agree that Elastisys (or Elastisys’ licensors) own
      all legal right, title and interest in and to the Service, including any
      intellectual property rights which subsist in the Service (whether those
      rights happen to be registered or not, and wherever in the world those
      rights may exist).

      2. Unless you have agreed otherwise in writing with Elastisys, nothing in
      the Agreement gives you a right to use any of Elastisys’ trade names,
      trade marks, Service marks, logos, domain names, and other distinctive
      brand features.

      3. Renting, lending, public presentation or broadcasting or any other kind
      of publication or distribution of the Service is prohibited.

      4. Any copies that you may make of (part of) the Service are owned by
      Elastisys.

      5. All rights not specifically granted in this Agreement are reserved by
      Elastisys.

      6. Other than as permitted by applicable legislation, you may not, and may
      not allow any other person to, modify the Service or any part thereof, to
      analyze it by means of reverse engineering, to decompile or disassemble
      the Service or otherwise attempt to extract the source code of the Service
      or any part thereof and/or to make products derived from it, unless this
      is expressly permitted or required by law, or unless you have been
      specifically told that you may do so by Elastisys, in writing.

      7. Elastisys acknowledges and agrees that it obtains no right, title, or
      interest from you (or your licensors) under this Agreement in or to any
      Content or the Application that you create, submit, post, transmit or
      display on, or through, the Service, including any intellectual property
      rights which subsist in that Content and the Application (whether those
      rights happen to be registered or not, and wherever in the world those
      rights may exist). Unless you have agreed otherwise in writing with
      Elastisys, you agree that you are responsible for protecting and enforcing
      those rights and that Elastisys has no obligation to do so on your behalf.

  7. Payment and Cancellation of service

      1. Elastisys will charge a usage fee for your use of the Service, possibly
      through a third party, on a basis specified in your contract.

      2. You are solely responsible for properly canceling your Elastisys
      subscription. An email request or support ticket asking for your
      subscription to be canceled is not considered cancellation. You may cancel
      your subscription at any time by visiting the billing section of the
      Service.

      3. Elastisys has the right to adjust the usage fee for each renewal of the
      subscription, which can always be adjusted monthly.

      4. Elastisys has the right to suspend the usage or the delivery of the
      Service to you or to renew a subscription until payment has been received
      by Elastisys for that subscription period.

      5. Elastisys also has the right to let the Service (automatically) stop
      functioning after the expiration of the grace period stipulated on your
      bill for the payment of the usage fee.

      6. In case the subscription fee is not paid by you to Elastisys before the
      expiration of the grace period, you are liable to pay Elastisys the legal
      interest and all the cost made by Elastisys to collect the fees, including
      legal cost, in addition to the usage fee. Elastisys can take all legal
      measures to collect these fees, costs and interest from you.

      7. All amounts charged to you for the Service are exclusive of any
      applicable value-added, gross receipts, sales and/or privilege taxes,
      duties, fees, or other similar liabilities. Any and all such taxes,
      however denominated shall be passed through to, and shall be payable by,
      you. Any such Taxes are in addition to all other fees and charges required
      to be paid by you under this Agreement.

      8. Your Cloud Provider will charge you for the usage of their services per
      your agreement with them.

  8. Warranty and Liability Limitations

      1. Elastisys, and any subsidiaries, affiliates, and licensors, provides
      the Service “AS IS”, “AS AVAILABLE”, and “AS AVAILABLE WITH ALL FAULTS”,
      and hereby disclaim all other warranties and conditions, whether express,
      implied or statutory, including, but not limited to, any (if any) implied
      warranties, duties or conditions of: merchantability, of fitness for a
      particular purpose, non-infringement, quiet enjoyment, system integration,
      satisfactory quality, reliability or availability, accuracy or
      completeness of responses, results, workmanlike effort, lack of viruses,
      and reasonable care and skill, all with regard to the Service, and the
      provision of or failure to provide support or other services, information,
      software, and related content through the Service or otherwise arising out
      of the use of the Service. Elastisys, any subsidiaries, affiliates, and
      licensors, do not represent or warrant to you that: (a) your use of the
      Service will meet your requirements, (b) your use of the Service will be
      uninterrupted, timely, secure, or free from error, and (c) usage data
      provided through the Service will be accurate. The entire risk as to the
      quality and performance of the Service is with you.

      2. If applicable law requires any implied warranties with respect to the
      Service all such warranties are limited in to the minimal duration allowed
      by law.

      3. YOU ACKNOWLEGE AND ACCEPT THAT THE SERVICE IS NOT DESIGNED, LICENSED OR
      SOLD FOR USE IN OR WITH EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS
      OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR IN
      LIFE-CRITICAL SOLUTIONS.

      4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELASTISYS, ITS SUBSIDIARIES,
      AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
      INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY
      BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS
      SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED
      DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY
      LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
      SERVICES, OR OTHER INTANGIBLE LOSS. THIS LIMITATION HOLDS EVEN IF
      ELASTISYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT
      OF THE USE OR INABILITY TO USE THE SERVICE.

      5. In any event, notwithstanding any damages that you might incur for any
      reason whatsoever (including, without limitation, all damages referenced
      herein and all direct or general damages in contract or anything else),
      the entire liability of Elastisys and any of its suppliers arising from or
      related to this Agreement, shall be in any case limited to the amount
      actually paid by you for the Service for a 12 month period.

      6. If applicable law does not allow the exclusion or limitation of
      damages, all such exclusion or limitation of damages shall be limited to
      the extent allowed by law.

      7. Should you breach any term(s) of this Agreement the Warranty Period
      will end on the date of such breach.

  9. Indemnification

      1. You agree to hold harmless and indemnify Elastisys, and its
      subsidiaries, affiliates, officers, agents, employees, advertisers,
      licensors, suppliers or partners, (collectively “Elastisys and Partners”)
      from and against any third party claim arising from or in any way related
      to (a) your breach of this Agreement, (b) your use of the Service, (c)
      your violation of applicable laws, rules or regulations in connection with
      the Service, or (d) your Content or your Application, including any
      liability or expense arising from all claims, losses, damages (actual and
      consequential), suits, judgments, litigation costs and attorney’s fees, of
      every kind and nature. In such a case, Elastisys will provide you with
      written notice of such claim, suit or action.

  10 . Duration, Modification, and Termination of the Service

      1. The Service which you use may automatically, with or without notice,
      download and install updates from time to time from Elastisys. These
      updates are designed to improve, enhance and further develop the Software
      and may take the form of bug fixes, enhanced functions, new software
      modules and completely new versions. You agree to receive such updates
      (and permit Elastisys to deliver these to you) as part of your use of the
      Software, possibly without prior notice to you.

      2. You acknowledge and agree that (optional) beta features may be
      introduced, and that they, while they are regarded as beta features, can
      be modified substantially or removed from the Service without notice.

      3. You acknowledge and agree that features may be deprecated and removed
      from the Service. Typically, Elastisys removes features after a 6 month
      deprecation period, the start of which will be announced through the
      electronic contact information you have associated with your account, but
      Elastisys may act slower or faster if justified, at its own discretion.

      4. You acknowledge and agree that, in the event that a feature you are
      using is removed from the Service, Elastisys has no responsibility to
      provide substitute functionality, a workaround, or any kind of
      compensation.

      5. You may discontinue your use of the Service at any time. Elastisys may,
      at any time, terminate your use of the Service if (a) you have breached
      any provision of the Agreement (or have acted in manner which clearly
      shows that you do not intend to, or are unable to comply with the
      provisions of the Agreement) or (b) Elastisys is required to do so by law
      (for example, where the provision of the Service to you is, or becomes,
      unlawful). Further, Elastisys may terminate your use of the Service for
      any reason with thirty (30) days prior written notice.

      6. You are allowed to terminate this Agreement with Elastisys at any time,
      however Elastisys will not refund (any part of) the subscription fee nor
      will you be excused from paying the subscription fee for the duration of
      the Agreement.

      7. Without prejudice to any other rights, Elastisys may immediately
      terminate this Agreement or refuse to renew this Agreement if you fail to
      comply with any of its terms and conditions or have acted in a manner
      which clearly shows that you do not intend to, or are unable to comply
      with the provisions of these terms and conditions.

      8. Elastisys may also at any time without prior notice, terminate this
      Agreement with you or refuse to renew this License in case:

          1. Elastisys is required to do so by law (for example, where the
          provision of the Service to you is, or becomes, unlawful); or

          2. The partner with whom Elastisys offered the Service to you has
          terminated its relationship with Elastisys or ceased to offer the
          Service to you; or

          3. Elastisys loses the right to license the Service

      9. Provisions which, by their very nature, are intended to continue
      notwithstanding an expiry or termination of this Agreement, shall continue
      in full force and effect.

      10. After the termination of this Agreement Elastisys is not obligated to
      store or keep any information about you or received from you.

  11. Force Majeure

      1. In the event Elastisys is unable to carry out its material obligations
      under this Agreement by reason of “force majeure” (defined below) those
      obligations will be suspended during the continuance of the force majeure,
      provided the cause of the force majeure is remedied as quickly as
      practicable. The term “force majeure” means any event caused by
      occurrences beyond a party's reasonable control, including, but not
      limited to, acts of God, fire or flood, war, terrorism, governmental
      regulations, policies or actions enacted or taken subsequent to execution
      of the Agreement, or any labor, telecommunications, third-party Cloud
      Provider infrastructure, or other utility shortage, outage or curtailment.

  12. Waiver

      1. A failure of Elastisys to enforce any of the provisions of this
      agreement shall in no event be considered a waiver of such provision and a
      waiver of a provision by Elastisys shall not preclude Elastisys from later
      enforcing any other provision of this agreement.

  13. Severance

      1. If any provisions of this Agreement shall become illegal, invalid or
      unenforceable in any respect, the validity, legality and enforceability of
      the remaining provisions shall not in any way be impaired.

  14. Alteration Agreement

      1. Elastisys may make changes to the terms of this Agreement from time to
      time. Elastisys will notify you of these changes by submitting the new
      terms to you to the email address you have supplied. Elastisys will
      announce to you the date on which the modified terms take effect, and on
      the effective date, publish these on Elastisys' web page. By continuing to
      use the Service or Software after the effective date, you agree to be
      bound by these revised terms. You have the right to terminate the
      agreement at the effective date in case you do not agree with the new
      terms, Elastisys will then refund any subscription fee you have paid to
      Elastisys for the period after the effective date.

      2. Alterations and modifications to this Agreement that are proposed by
      you are only valid in case Elastisys agrees specifically to them in
      writing.