Terms of Use
1. Parties
- 1.1. These terms of use (hereinafter referred to as the "Terms of Use") apply between:
- A. Agorify AB, incorporated, and registered in Sweden with company registration number 559179-4150, whose registered office is at Kompassbacken 14, 16433 Stockholm (hereinafter referred to as "Agorify", "we", "our" or "us"), and
- B. the individual using the Services (hereinafter referred to as the "User", "You" or "Your").
- 1.2. The User and Agorify are referred to below collectively as the "Parties" and individually as a "Party".
2. Scope
- 2.1. Our Terms of Use consist of the following terms stated herein, including any other conditions, policies, guidelines, rules of procedure and/or instructions that we provide from time to time.
- 2.2. The Terms of Use governs Your use or access to our Services and tools, including the Platform, that are made available or offered by us. You should therefore read these terms carefully and make sure that you understand your rights and obligations.
- 2.3. These Terms of Use apply to the Host’s Participants and Team Members. If You are an individual who is both the Host and the holder of the user account to the Platform, these Terms of Use also apply to the use of the Services in Your capacity as Team Member.
- 2.4. You are agreeing to our Terms of Use by using any of our Services, whenever you access the Service, on whatever device and regardless of how you access it (even just browsing one of our websites and/or the Platform). If you do not agree with our Terms of Use, you may not use the Services.
- 2.5. If you do not accept our at any time applicable Terms of Use, and any other terms, conditions rules of procedure and instructions that we provide from time to time, You do not have the right to use the Services.
- 2.6. We also encourage you to read the information in the notices stated below:
- Privacy Notice: this document contains information about our Personal Data Processing. You can read the privacy notice here.
- Cookie Notice: this document contains information about the cookies used on the Platform. You can read the cookie notice here.
- 2.7. These Terms of Use may be written in other language versions. The English version shall always prevail in the event of any conflict and/or confusion between the documents.
3. Definitions
- 3.1. The following terms used in these Terms of Use shall have the meanings set forth below when they are indicated with a capital letter, regardless of whether they are used in the plural or singular, in definite or indefinite form:
- 3.1.1. “Agreement” includes these Terms of Use any other terms and/or guidelines incorporated by reference or otherwise entered into between the Parties.
- 3.1.2. “Data Protection Legislation” includes all applicable privacy and data protection laws that are in effect at any given time and that are relevant to a Party relating to the use of Personal Data, such as for example but not limited to: the General Data Protection Regulation (EU) (2016/679).
- 3.1.3. “Event Content” includes the content and materials that the Host, User or others upload to or transmit via the Platform, such as User Generated Content, speakers, materials to be displayed during Events, interactive content, audio-visual content, and any other materials or information submitted to or made available via the Platform in connection with Events and their recording, but excluding any IP Rights and asset owned by us or our licensees.
- 3.1.4. “Event” means an event facilitated by or hosted on the Platform, such as hybrid events, online events and/or onsite events.
- 3.1.5. “Host” means the individual or entity (organization, business or company) that hosts their Events on or through the Platform.
- 3.1.6. “Law” includes Data Protection Legislation as well as any other applicable regulations, laws, ordinances, orders, or codes, of any governmental entity having authority over the Parties, Service or Event.
- 3.1.7. “Organization” means a profile within an account in the Service that identifies the Event’s Host, under which individual Events are established, administered, and handled.
- 3.1.8. “Participant” means those individuals that are invited to attend, or who attends, the Host’s Event (for example attendees, speakers, and Event sponsors), and excludes the Host and its Team Members.
- 3.1.9. “Personal Data” includes all data that, directly or indirectly, alone or together with other data, can be linked to an identified or identifiable physical living person. Common examples of Personal Data are: name, telephone number, address, email address, user ID.
- 3.1.10. “Platform” means Agorify’s event platform accessible from the domain www.agorify.com and any other sub-domains, and/or the Agorify App for iOS and Android, which include its associated services, products, software etc.
- 3.1.11. “Service” includes the Platform and associated online and/or offline services, software, mobile application, products, information, distribution channels, APIs, Documentations, and components that are made available or offered by Agorify. Third-party Services are expressly excluded.
- 3.1.12. “Team Member” includes the Host’s employees or consultants who use the Services on behalf of the Host, and those of the Host’s third-party vendors and sponsors, who the Host authorizes to use and access the Host’s Organization, including but not limited to the Host’s event managers and/or moderators.
- 3.1.13. “Third-party Services” includes third party information, services, products, systems, websites, software, directories, networks, databases, and applications, which the Service links to, or that You connect to or enables integration with while using the Service.
- 3.1.14. “User Generated Content” includes any data, content, and information that a User submits to the Platform, such as files or chat messages.
4. Right to use the platform
- 4.1. Minors: Minors under 18 and at least 13 years of age may only use the Service through an Account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Minors under the age of 13 must be registered by and/or have Event tickets purchased on their behalf by a parent or legal guardian, for every Event they attend.
- 4.2. Team Member: We grant You as a User in your capacity as a Team Member a non-sublicensable, limited license to access and use the Services only to organize and create Events on the Platform for the Host’s purposes.
- 4.3. Participant: We grant You as a User in your capacity as a Participant a non-sublicensable, limited license to access and use the Services only to participate and attend in Events. The granted license is also subject to any additional terms imposed by the Host.
- 4.4. Laws: Each Party agrees to comply with, and abide by, all Laws to the extent applicable to its exercise or performance of its rights and obligations under these Terms of Use.
5. Platform
- 5.1. Online marketplace: The Platform is an online marketplace, and we are the provider of the Platform. Through the Platform, a Host and a Participant can enter into distance agreements with each other regarding the sale and purchase of tickets to the Hosts Event. We are not a party to any agreements concluded between a Host and a Participant. It is the Host that is organizing and administering the Events, not us. The Participant hereby accepts and understands that we cannot be held liable and are not responsible for any matters that the Host is responsible for (see section “Host’s Responsibilities” below). You are responsible for checking that the functions and facilities of the Service meet Your own requirements, since the Services have not been developed to meet Your individual requirements.
- 5.2. Requirements: It is necessary for You to have an email, and a compatible device which allows You access to the internet, in order to use the Services. The device and its software may from time to time also need to be updated or upgraded. A microphone or camera and a loudspeaker or headset must also be on and not used by other applications, in order for certain features and functionalities of the Service to work properly. Since software, hardware and internet access is involved in the use of the Services, the ability for You may be affected by such factors and their performance. Such system requirements are Your responsibility. You hereby expressly agree and acknowledge that:
- we are not responsible for satisfying the before mentioned requirements, and that
- the quality of any information, messages, or files posted, transmitted, published, streamed, or otherwise sent through the Service may be different from the quality in the uploaded file or stream, if it is necessary to adapt and conform to connecting networks, standards of transferring data, our or devices requirements.
- 5.3. Data traffic: Standard data traffic rates may apply when using the Services, as functions require the Platform to have an active connection to the internet. When using the Platform, You accept Your responsibility for payment of all such charges from the mobile operator and/or third party (for example charges for data roaming, Wi-fi, etc.).
- 5.4. Third-party’s device: If You stream the Service onto any device which is not owned by You (such as laptop, desktop, phone, or other device), You must have the owner’s permission to use the device. You are fully responsible for complying with the applicable Terms regardless of whether or not You own the device used to stream the Service onto.
- 5.5. Backup: You are responsible for backing up your data and Content used or provided in connection with the Services. We do not assume any responsibility in relation thereto. You agree and accept that we shall not be liable for any corruption or loss of your data or Content (unless such responsibility is applicable according to mandatory legislation).
- 5.6. Ranking of Events: "Ranking" means the relative position that we assign to Events as they are presented, organized, or relayed, regardless of the technical means used for such presentation, organization, or relaying. Information about the criteria that primarily determine the ranking of Events presented in a search and their importance compared to other criteria, appears in a special section in the online interface and is directly and easily accessible from the place where the search results are presented.
6. Host’s responsibilities
- 6.1. The Host bears sole responsibility for various aspects, including but not limited to, the following:
- Dealing with its Affiliates, Team Members, and Participants in all aspects
- Handling personnel matters related to Team Members
- Providing specific details and information about the Event
- Enforcing Event-specific conditions or rules
- Collecting payments from Participants
- Securing and obtaining marketing consents from Participants
- Addressing all inquiries and complaints related to ticket refunds and pricing, and managing the invitee list
- Determining how an Event is run and configuring the Event
- Providing or producing any content associated with the Event
- Determining the third-party integrations and functionality available for use at the Event
- Carrying out marketing activities related to the Event, as well as ticket and merchandise sales
- Handling donation and contest matters, and other activities provided or offered in connection with the Event or activities performed during an Event
- Managing and monitoring the conduct of Users
- Providing Participants with any relevant notices, policies, and practices
- Obtaining relevant consents and agreements with Participants
- Responding to and resolving any disputes between the Host and any User.
- 6.2. The Host has the right to, in its sole discretion, revoke or block a User’s access to its Event at any time.
- 6.3. You are hereby kindly asked to contact the Host directly for any matters related to the subjects mentioned above.
7. Purchase and book tickets to events
- 7.1. When you purchase or book a ticket to an Event in the Service, you are entering into an agreement with the Host that hosts the Event. We are not the hosts of any Events provided on the Platform nor the seller of any tickets to Events or other related items.
- 7.2. You are hereby informed that specific terms of the Host may apply to an Event, and it is your responsibility to review such terms before purchasing or booking a ticket though the Service.
- 7.3. Information relating to an Event which is available in the Service, such as regarding the ticket price, number of available tickets and possible payment methods is provided to us by the Host, and we display it in the Service. We do not verify or check the accuracy, legality or similar of the information provided by the Host.
- 7.4. It may be possible to book and purchase tickets to some Events without signing in on the Platform with an account, provided that the Host of the Event you want to attend does not require you to log in and provide your personal information before completing the booking and/or purchase of the ticket. If the Host requires this, you will be asked to register an account and sign into it in order to complete the booking and/or purchase process.
- 7.5. The Platform can be used by a Host as a private individual for its own personal use, or by a Host in its capacity as an entity or trader, who uses the Platform for commercial purposes. Information about whether the Host is a trader or not, based on the information the Host itself has provided to us, appears on the Platform.
- 7.6. Hosts in the capacity of traders are themselves responsible for complying with applicable legislation at any time including the obligations arising from consumer protection legislation.
- 7.7. If a Host is not a trader, and you enter into a purchase agreement in your capacity of a consumer with the Host, the provisions of the Swedish Act (2005:59) on distance contracts and agreements outside business premises and other consumer protection laws will not apply for any purchases you make from such Host through the Platform.
- 7.8. We handle the processing of ticket sales and bookings on behalf of the Host which is responsible for the Event and the seller of tickets.
- 7.9. Before you complete your booking and/or purchase, the ticket price, including any additional fees and taxes are clearly stated.
- 7.10. When paying through an integrated payment service provider, the purchaser accepts the payment service provider's terms and conditions applicable at any time.
- 7.11. When you have completed your order and/or payment of your ticket, you will receive an order confirmation to the email address you have provided in the Service. If, against the odds, you have not received an order confirmation after completing the order and/or payment, you should first check the spam folder and then contact us if necessary. You are responsible for ensuring that the contact and delivery details provided in the Service are correct and for controlling that your booking is correct. We hereby inform you that lost tickets cannot be replaced.
8. Restrictions
- 8.1. You agree not to engage in the following activities without our prior written permission:
- a) create, search, or access any User Accounts by means other than those publicly supported interfaces by us;
- b) open or use an account on someone else's behalf;
- c) submit personal information for account registration that isn't for Your own use;
- d) use someone else's identity to open an account, or allow anyone else to use Your account;
- e) use the Service in a way that interfere with other Users, such as by deleting, avoiding, or harming or otherwise interfering with security-related features that forbid or restrict use or copying, pasting, printing, downloading, or sharing of any content, or that impose restrictions on the use of the Services or associated content;
- f) contact another user outside of the Service without their express permission, by using their user information, such as email address;
- g) distribute or create mailing lists or other collections of user profile or contact information for other users intended to be used outside of the Service;
- h) copy, resell, duplicate, or reproduce any part of the Services or related content;
- i) provide, distribute, resell, rent, sub-license, lease, loan, or otherwise make available, the User´s right to access or use the Service or any part thereof, in whole or in part, in any form, to any person without our prior written approval;
- j) provide, distribute, resell, rent, sub-license, lease, loan, or otherwise make available, the Event Content in any way that has not been permitted by the Host;
- k) reverse engineer decompile, disassemble, or make derivative works that are based on all or any portion of the Service, its content, or our IP-rights, or try to do any of the aforementioned, except to the extent permitted by Law;
- l) translate, merge, adapt, copy, alter, vary, or modify, all or any part of the Service or any content on it, and not allow the Service or any part thereof to be incorporated in, or combined with, any other channels or programs, unless it is necessary to use the Service as permitted and specified in these Terms of Use;
- m) hack into or inserting malicious code to the Service or any of its operating systems, for example viruses or other harmful data;
- n) use the Service in a way that could harm, overburden, damage, impair, disable, or compromise our security, systems;
- o) disrupt or damage, interfere with or without authority access any part of the Services, software used in the provision of the Services, equipment, or network on which the Services is stored or any network, software, or equipment that a third-party owns or uses; or
- p) intercept any transmissions to or from the servers hosting the Service or edit, gather, access, or harvest any content, material, data, or information linked to the Services by using any automated means, such as a robot, scraper, spider, or any manual process for any purpose.
9. Personal Data and communication
- 9.1. Host as Personal Data controller: The Host is the Personal Data controller regarding any of the Users Personal Data that is embedded in any recordings of Event Content or otherwise provided to us by the Host. We are regarded as the Personal Data processor of such Personal Data. If You want more information about the Host’s processing of Your Personal Data, You should read the privacy notices and policies of the Host as applicable and/or contact the Host directly.
- 9.2. Agorify’s Privacy Notice: Information about our processing of Personal Data in our capacity of a Personal Data controller can be found in our Privacy Notice. You can read the Privacy Notice here.
- 9.3. Agorify’s communication with the User: We can communicate with You via email, SMS and/or notification through the Platform. Our communication regarding the Platform and/or the Account cannot be opted out, as this is part of the service that we provide and is necessary for support matters.
- 9.4. Third-party websites and services: Referrals or links to Third-party Services, third-party and other independent websites, and services, which are not provided by us, may be contained in the Services. We are not responsible for Third-party Services or for materials, content, advertising, information, products, services, or anything else available through third-party websites or external links that appear on the Services, in Events or elsewhere. If You provide information through a third-party website or platform, the information provided may be collected separately by the third-party, and its sub-processors (if any), that provides the website, service, product, or platform in question. Such information is subject to the third-party's privacy policy and terms. We do not control any such third-party websites or services and are not responsible for and have not approved or checked their content, terms, or privacy policies (if any). You are responsible for conducting Your own independent judgment about for example whether to use them or buy any services or products offered by them. For these reasons, we encourage You to pay attention when You leave the Services and to read the privacy policies and terms (if any) of third-party services or websites that may collect and process Personal Data.
10. User Generated Content
- 10.1. You may make available or submit information, materials or other User Generated Content as part of an Event. You are solely responsible for Your User Generated Content and assume all risks associated with such User Generated Content, such as but not limited to, any disclosure of data that can identify You or anyone else, or anyone’s reliance on the accuracy, quality, appropriateness, reliability of the User Generated Content.
- 10.2. You hereby warrant that You have all necessary consents, permissions, and rights to authorize the use of, and to use, the User Generated Content. It is not permitted to, in any form, indicate that we are endorsing or sponsoring User Generated Content.
- 10.3. We are not liable or responsible to You or any third-party for the User Generated Content, its content or accuracy. We have the right to, in our sole discretion, but are not obliged, to remove or reject User Generated Content.
- 10.4. You hereby grant us, solely in connection with Your interaction with the applicable Event, a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, transferable, irrevocable, license to the User Generated Content, to use, display, distribute, reproduce, adapt, modify, translate, perform, and publish such User Generated Content in any media, channel form and format.
11. Intellectual Property Rights
- 11.1. We own all intellectual property rights in the Services (except for any rights owned by our licensors or third parties), such as copyrights, patents, inventions, logos, trademarks, service marks, domain names, trade names, know-how, trade secrets, and any other intellectual property and proprietary rights ("IP-rights").
- 11.2. You have no intellectual property rights in, or to, the Services or our other IP-rights, except for the right to use the Service in accordance with these Terms of Use. We own all interests, title, and rights in the Services, including the Platform and all related IP-rights.
- 11.3. You understand and accept that your right to use the Services, do not convey any additional rights in the Services or any of our IP-rights that are associated with the Services and the right to use the Services.
- 11.4. You guarantee that You will not use images, texts or other IP-rights belonging to us in associations, organizations, business activities or for other commercial purposes, without our prior written approval. It is considered a material breach of contract to breach this clause.
- 11.5. Content posted on the Service may belong to third parties. You hereby understand and agree that a) we do not have any control over such Content, and b) that we cannot be held liable for any Content provided, presented, or made available by third parties and c) that we cannot be held liable for any loss or damage caused by or in connection with the use of or reliance of any third-party Content, services, websites or similar.
12. Feedback
- 12.1. If You give us any recommendations, enhancement requests, suggestions, or other feedback in written, oral or any other form (”Feedback”), You represent the following:
- You are permitted, and have the right, to disclose the Feedback;
- the Feedback does not violate any rights of any other entity or individual;
- the Feedback does not include any proprietary or confidential information of the Parties or any third-party.
- 12.2. You hereby assign to us your entire title, interests and right, including any intellectual property rights, to and in Feedback.
- 12.3. If any right, title, or interest cannot be transferred in accordance with applicable Law, you hereby grant us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to, without any compensation, modify, use, incorporate exploit, sublicense, publish, distribute, and prepare derivative works from any such Feedback, and you wave any title, interest or right and consent to any action of us, our successors, service providers. You also agree to provide, sign and/or execute any documents necessary to put the aforementioned assignments, waivers, or consents into effect.
- 12.4. You also acknowledge that something similar to the Feedback may already be in development or in consideration by us.
13. Promotional Activities
- 13.1. You may administer, promote, or conduct a promotion, contest, or sweepstakes on, using or through the Services (hereinafter referred to as a “Promotion”) solely if You make it expressly clear that a) we do not in any way support, endorse, sponsor or co-sponsor the Promotion, b) You are solely responsible for the Promotion. Also, Promotion must be carried out in compliance with applicable regulations and Laws.
- 13.2. You are solely responsible for all expenses related to, and all aspects of, the Promotion, such as the administration, execution, operation, drafting any rules and posting of the rules, selection of winners, issue of prizes, obtaining third-party approvals and/or permissions as necessary etc.
- 13.3. If we reasonably believe that a Promotion does not comply with our terms and/or applicable law, we have the right to, at any time and at our sole discretion, remove a Promotion from the Service.
14. Support etc.
- 14.1. Availability: We are responsible for technical support and maintenance of the Platform and strive to provide the Services every day of the week, 24 hours a day, using commercially reasonable efforts. However, we cannot guarantee such availability and hereby inform that there may be disruptions that make the Services unavailable for a certain period, for example due to circumstances that are unforeseeable, or predictable but which we cannot prevent despite our commercially reasonable efforts (for example but not limited to malicious actions by third parties, internet outages or service interruptions by our contracted service providers that are not due to our actions. Unavailability may also be caused by necessary security measures, technical maintenance, or other planned downtime of which we provide reasonable prior notice. We have the right to take measures affecting the availability of the Services, if required for technical, maintenance, operational or security reasons, without having to notify when such interruptions may occur. You are not entitled to any form of compensation from us due to lack of access to the Platform due to such permitted interruptions and/or scheduled maintenance.
- 14.2. Updates: The Services are updated continuously. The Terms applicable at any time also apply to updates.
- 14.3. Internet connection: As an active internet connection is a prerequisite for the Services to function, You understand that interruptions, delays, bugs, and similar obstacles due to the internet connection do not constitute errors or faults in the Services that we can be held responsible for.
- 14.4. Error reporting: We make no guarantees whatsoever that the Services will be free of interference or other technical complications. Any complaints or similar regarding the Services must be notified to us by sending a message to the following e-mail: support@agorify.com. In the event of an error in the Services, we undertake to make best efforts to remedy the error as quickly and commercially reasonable as possible.
15. Termination
- 15.1. Termination by the User
- 15.1.1. You can terminate your Account from your Account settings.
- 15.1.2. Please bear in mind that terminating your Account will not affect the availability of some of Your User Generated Content posted through the Service prior to termination and that you still have to pay any outstanding bills.
- 15.2. Termination by Agorify
- 15.2.1. If we discover or have reasonable reason to suspect that you are in any way abusing the Platform or violating our terms or applicable law, we have the right to terminate your Account with immediate effect, including all Agreements entered into between you and us. If we terminate your Account in accordance with this provision, you may only register a new Account after obtaining our prior written approval.
- 15.2.2. We may also terminate your user account to the Service permanently if your user account is left inactive during a period of 365 consecutive days.
- 15.2.3. Notwithstanding the above, we can, at any time and our sole discretion, terminate your Account and our Agreement with you, for any reason, with or without notice, including if we become unable to continue the provision of the Services to you due to legitimate business or technical reasons. If such termination is conducted by us, the following shall apply:
- a) all rights granted to you hereunder shall be revoked by us;
- b) you must stop your use of the Services, including any and all other activities authorized by these terms;
- c) we have the right to suspend your account to the Service, including to take all steps necessary to prevent you from using or accessing the Services;
- d) you must remove or delete the Services from all devices in your possession; and
- e) you must immediately delete all copies of the Services which you have and, upon our request, confirm in writing that such erasure has been conducted by you.
- 15.2.4. You hereby accept and agree that neither you nor any other User will be entitled to damages or other compensation from us due to our decision to terminate your Account and you shall indemnify us against any and all claims directed to us from a third party due to such a decision.
16. Limitation of liability
- 16.1. General: We are, until suspension or termination of the Service in accordance with the Terms, responsible for a) errors and information security in the Service and for b) the functionality of the Service. However, we are not responsible for:
- a) the Host’s, Your or any other User’s inability to use all or part of the Services, if it is caused by the Your, the Host’s or another User’s failure or delay to timely cooperate with us to provision the Services (such as giving us access, accurate information, and materials as reasonably necessary for the provision of the Services and for conducting the troubleshooting as necessary); or
- b) errors or interruptions in the Service (including the Platform) if it has been caused by:
- upcoming attacks, such as viruses or other attacks on security;
- errors in the Host's or its Team Members or Participants IT-environment/hardware, which is not provided by us;
- circumstance outside our area of responsibility for the Services, for example lack of communication or other products or services from third parties for which we have not expressly taken responsibility;
- information, materials, files, and other circumstances for which the Host's or its Team Members or Participants are responsible;
- any Force Majeure Event as stated in clause 16.3 below; or
- errors, delays, or damage due to third-party applications, plugins, services or similar which are not under our control.
- 16.2. Complaints: In case of errors in the Service, You have the right to complain about the Service according to applicable law. Users are obliged to complain to us no later than two (2) months after the Service has been suspended or terminated. If You do not do so, You lose the right to complain. Complaints shall be made to us according to the contact details in section 23 below.
- 16.3. Exemption grounds: Each of the Parties, including third parties engaged by us to perform parts of our contractual obligations or legal obligations, is exempt from penalty for failure to fulfill their contractual obligations and is not liable for damages, if the failure is due to circumstances that prevent the fulfillment of the obligation and which is beyond the party's control and whose consequences he could not reasonably have avoided or overcome ("Force Majeure Event"). As an Force Majeure Event shall be considered, for example, but not exclusively: epidemic, pandemic, authority decision, authority action or omission, labor conflict, lightning strike, fire, war, attack, mobilization, newly introduced or amended legislation and circumstances equivalent thereto, as well as errors or delays in delivery from a subcontractor due to of circumstances beyond his control. When the obstacle ceases, the obligation must be fulfilled in the agreed manner if possible.
- 16.4. Limitation of liability: We shall not be liable for any damage a) caused by You providing incorrect information upon registration, b) due to Your incorrect handling of the Service or c) due to Your incorrect handling of the information required to access the Service to the extent that this is not due to our incorrect or inadequate instructions. Our maximum liability to You for any loss or damage incurred as a result of the Service is limited to the fullest extent permitted by applicable law.
17. Disclaimers
- 17.1. The Services, including the Platform, are provided without any warranties of any kind, for entertainments and information purposes only. The Services are provided on an “AS AVAILABLE” and “AS IS” basis to the fullest extent permitted by applicable law. You use the Services of free will and at Your own risk.
- 17.2. We do not warrant or represent that the functionality of any of the Services will be free from defects, errors, omissions, inaccuracies, or interruptions, or that the functionality of any of the Services will be error free or in good repair.
- 17.3. We hereby expressly disclaim, to the fullest extent permitted by applicable law, all warranties, and representations whether express, statutory, implied, or otherwise, including, without limitation, any implied merchantability or warranty, non-infringement of third-party rights or fitness for a specific purpose. No advice or information obtained by You through the Services or otherwise from us shall create any warranty unless it is confirmed in writing by an authorized representative of ours.
18. Implied limitations and disclaimers
- 18.1. There may be jurisdictions which do not allow for some of the implied limitations, disclaimers, or exclusions of implied warranties, and in such cases, the liability including any limitations will be limited to the greatest extent permitted by applicable law.
19. General provisions
- 19.1. Notice: If we need to notify or contact You, we will do so by using the contact information provided to us, or through notification on the Platform or in any other way deemed appropriate by us. You shall primarily communicate with us in writing and through email.
- 19.2. Survival of provisions: Provisions in these Terms of Use regarding, among other things, intellectual property rights, governing law, confidentiality, and dispute resolution, as well as any other provisions that are expressly or by their nature intended to apply even after the expiration or termination of the terms, shall continue to apply even after the expiration or termination of the terms.
- 19.3. Invalidity of provisions: If any part of the Terms of Use should be found wholly or partially unenforceable or invalid by a court of competent jurisdiction, it shall not affect the validity and enforceability of the remaining provisions. Instead, to the extent that the invalidity significantly affects the Party's exchange of or performance according to the agreement, that part will be limited to the minimum extent necessary, and it shall not affect the validity and enforceability of the remaining provisions, so that the Terms of Use will otherwise remain in full force and effect.
- 19.4. No waiver: If we fail to enforce any part of the Terms of Use, it shall not be seen as a waiver of our right to later enforce that or any other part of the Terms of Use.
- 19.5. Assignment: We may, in whole or in part, transfer or assign the Terms and/or our rights and obligations under the Terms to any other natural or legal person, with or without prior notice to You, including without Your consent. You may not transfer or assign Your rights and obligations under these Terms of Use to someone else without our prior written consent.
20. Changes and updates to the services
- 20.1. We may, from time to time, automatically change and update the Services, including the Platform's interaction design, layout, content, functions, and similar, with or without prior notice, for example in order to address security issues, enhance functionality, improve performance, or reflect changes to the operating system. We do not need your consent to take such actions. This applies even if such changes involve a changed user experience.
- 20.2. We have the right to, at any time, offer additional services, new services, change the range of our Services and to cease the provision of our Services.
- 20.3. You are not entitled to any form of compensation from us due to such a decision. Your continued use of the Services following the changes and/or updates will be subject to our terms.
21. Amendments to the terms
- 21.1. We have the right to, at any time, change or add to the applicable Terms of Use, and in such cases, the new terms will supersede prior versions.
- 21.2. We can, for example, implement amendments:
- to clarify the content of the terms and conditions;
- when offering new services, functions, or additional services;
- if it is required due to a change in the law, authority decision, regulations;
- if the changes are intended to protect the Parties, the Platform; or
- if it is required for technical, operational or security reasons.
- 21.3. The amendments and/or additions to the Terms of Use will become effective immediately upon being published on our website and on the Platform, provided that they do not adversely and materially affect Your rights under these Terms of Use.
- 21.4. If the amendments and/or additions to the Terms of Use adversely and materially affect Your rights under these Terms of Use, such changes to the Terms will become effective after we have given You at least ten (10) days prior notice. The notification can be made through the Platform, email or in another appropriate way determined solely by us. Your continued use of the Services after the effective date, constitutes Your consent to the amendments.
22. Governing law and dispute resolution
- 22.1. The Terms of Use and any dispute, controversy or claim arising out of or in connection with the agreement entered between the Parties or its subject matter or formation, or the breach, termination, or invalidity thereof, shall be governed by and construed in accordance with the law of Sweden, unless otherwise follows from mandatory legislation.
- 22.2. Consumers always have the right to contact the National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN, www.arn.se, postal address: Allmänna Reklamationsnämnden Box 174, 101 23 Stockholm), which offers an alternative dispute resolution for consumer disputes. In addition, consumers can submit complaints online through the European Commission's Digital Dispute Resolution Application (EU ODR) via the following link: ec.europa.eu/consumers/odr. Consumers also have the right to contact the Consumer Ombudsman (ko.se). If we and the consumer in question do not arrive at a solution to the dispute through any alternative dispute resolution method, the dispute may be tried and finally decided by a general court in Sweden, unless otherwise follows from mandatory legislation.
- 22.3. The following applies if a dispute or claim arise between Agorify and a Host as a trader (non-consumer) (including, if applicable, its Affiliates or Team Members): The Parties hereby irrevocably agrees that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims), arising out of or in connection with the Terms of Use, an Agreement entered between the Parties or its subject matter or formation.
- 22.4. Disputes or claims that arise between Users (for example, a Host and a Participant), or between a User and a Third party, shall be resolved between the disputing parties.
23. Agorify’s Contact information
Company: Agorify AB
Reg. no: 559179-4150
Email: support@agorify.com
Postal address: Kompassbacken 14, 16433 Stockholm.