TERMS OF SERVICE These Terms of Service (these “Terms”) sets forth the terms and conditions that govern your (“you” or the “End User”) use of the Service. The Service is a solution which analyzes the way your household uses electricity over time to provide you with analyses on your consumption patterns and recommendations on how you could reduce your energy consumption (when we use the word “service” we are referring to the Energy Insights service). The Service is developed and provided by Eliq AB (“Eliq”), a Swedish corporation, org. no. 556763-2699. Please read these Terms carefully. These Terms constitute a binding legal agreement between you and Eliq. Please note that by registering for and/or using the Service you are indicating that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, then you have no right to access or use the Service. To register an account for the Service you must be 18 years or older or have parental permission. Eliq owns all intellectual property rights in and to the Service and permits you to use the Service only in accordance with these Terms.
1. REGISTRATION You acknowledge and agree that you will provide true, accurate, current, and complete information as requested when registering an account, and maintain and update such information to keep it true, accurate, current, and complete. Eliq reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be false, inaccurate, not current or incomplete. You are solely responsible for keeping your password confidential. You undertake to inform Eliq of any unauthorized use of your account.
2. USE OF THE SERVICE You agree to act in conformity with any instructions given by Eliq regarding the use of the Service, and to not use the Service for any purpose that is not in compliance with applicable law or these Terms. You are solely responsible for all use of your account and any actions that take place through your account. Neither Eliq nor its subcontractors are responsible for any unauthorized access to the Service as a result of your negligence.
3. LINKS TO OTHER WEBSITES Within the Service, you may find links to websites provided by third parties. Eliq has no control of or responsibility for such linked websites or its content and shall not be held liable for any damages arising in connection with the use of services available on linked websites. Eliq recommends that you read the respective terms of service and privacy policies of such third-party websites.
4. PERSONAL DATA For information regarding how Eliq collects and uses your personal data in connection with your use of the Service, please see Eliqs Privacy Policy.
5. WARRANTIES AND LIMITATION OF LIABILITY The Service is provided “as is”. Eliq is not responsible under any circumstances for any direct or indirect damage, cost, loss or liability which may arise as a result of the use of the Service. Eliq makes no warranties, implied or expressed, regarding the Service or features that are provided through the Service. Eliq does not give any warranties in respect of the fitness for a particular purpose, availability, accuracy of, and/or any results that may be achieved by the Service. Eliq does not give any guarantees that the Service is without fault or work without interference. You agree to indemnify and hold Eliq and its licensors harmless from all liabilities, claims and expenses that are caused or can be related to your use or misuse of the Service in violation of these Terms, applicable law and/or other agreements or guidelines which may be associated with your use of the Service.
6. INTELLECTUAL PROPERTY RIGHTS Eliq owns all intellectual property rights associated with the Service including, but not limited to, patents, copyright and design rights. All trademarks, logos, icons, images, design, interface, texts and other materials in the Service are owned by Eliq and its licensors. Use, duplication or reproduction is prohibited without Eliq’s written approval. Comments and suggestions from you of possible improvements of the Service accrue to Eliq without Eliq having any obligation to compensate you or your business. The Service may only be used for your private and personal purpose. The Service and any material produced within may not be used for commercial purposes.
7. ENTIRE AGREEMENT These Terms constitute the entire agreement between the parties with respect to the Service and supersedes all previous written or oral agreements between the parties with respect to the Service. Eliq may assign its rights under these Terms without notice to you.
8. CHANGES TO THESE TERMS OR THE SERVICE Eliq reserves the right, at its sole discretion, to update or revise these Terms at any time. Such changes shall be effective upon posting in the Service or on Eliq’s website. Please check these Terms periodically for changes. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications hereof. Eliq reserves the right to at any time (without incurring liability and without your approval) terminate, suspend, remove, change or modify any aspect of the Service, including but not limited to, features and functionality. Such changes and modifications introduced to the Service will be subject to what is stipulated in these Terms.
9. TERMINATION Eliq has the right, at its own sole discretion, to terminate your account and remove access to the Service with immediate e ect, without any liability of Eliq, if you violate these Terms.
10. SEVERABILITY If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
11. LAW AND JURISDICTION These Terms shall be governed by and construed in accordance with the laws of Sweden, excluding its choice of law principles. You agree that the District Court of Gothenburg shall be used as first instance for any cause of action arising out of or relating to Service or these Terms.