GENERAL TERMS AND CONDITIONS
These general terms and conditions (the General Terms) apply to the delivery of the Service (as defined and described in Section 2 below) by Eyeonid Group AB, corporate registration number 559005-9415, (Eyeonid/we/us) to any person (Customer/you) and to the access and use by the Customer of such Service. The Service is offered through our resellers and is made available to you after you have entered into an agreement with one of the same regarding the Service. Through your agreement with our reseller regarding the Service and by using the Service, you are accepting these General Terms and enter in to a binding agreement with Eyeonid and thereby represent to us that you fulfil the requirements stated to subscribe for the Service in Section 1 below.
1. Subscription Requirements
In order to subscribe for the Service, you must:
- a) be a natural person, i.e. a physical individual, and
- b) accepted agreements with reseller to subscribe for the Service.
2. The Service
- 2.1. The Service shall be defined as our digital service “Eyeonid”, available through subscription through our resellers, and as further described on Eyeonid’s website www.eyeonid.com (the Website) at each time. Briefly, the Service includes that we continually search the Internet for certain data specified by you, such as personal identification number, credit card number and login credentials (the Customer Data), and alert you if we notice that such Customer Data is available online where it shouldn’t be from a risk perspective.
- 2.2. When subscribing for the Service, you must use a valid email address and create a personal account. Your account is accessible through a Portal, web or app.
- 2.3. Through your personal account, you are able to register the Customer Data that shall be included in the Service. You are able to change your settings in your personal account.
- 2.4. We will alert you in writing if we detect potential unauthorized use of the Customer Data submitted by you in the Service. The alert can be sent to the email address and/or cell phone number (as a text message and/or a push notice) submitted by you either when you signed up for the Service and registered your personal account or as updated by you thereafter. It is your responsibility to monitor your email account and/or cell phone for such alerts and to always assure that your email address and phone number are accurate and up to date.
- 2.5. You acknowledge that the functionality of the Service may be changed by Eyeonid during the term of the subscription.
3. Customer obligations
- 3.1. When subscribing for the Service, you shall use a valid email address and create a personal account. You may not use any other person’s email address or personal data when creating an account.
- 3.2. Your personal account will require a password with a good level of security. For safety reasons, you shall change the password regularly. You are responsible for properly safeguarding your password. If you have reason to suspect unauthorized access to your account or password, or if your password or other account information is lost or stolen, you shall immediately change your password. You are responsible for all activities made on your account and you may only create one account per email address.
- 3.3. You shall be solely responsible for submitting and, if required, update your submitted data. You may only submit Customer Data in the Service which refers to you personally and may not submit any data relating to any other person or entity, including credit card information provided as payment information. You shall be solely responsible for all submitted data.
- 3.4. You may not use the Service in any way or for any purpose not permitted by these General Terms, or use the Service in any way which is contrary to any laws or regulations or which may expose Eyeonid or any third party to risk of damage, or otherwise do anything that causes the Service, Eyeonid or our network to be impaired or damaged.
4. Remuneration for the Service
- 4.1. You shall pay the fee for the Service agreed between you and our reseller.
- 4.2. If you fail to make payments on time, we shall have the right to discontinue carrying out the Service and terminate our agreement regarding the Service in accordance with Section 8.4-8.5 below.
5. Intellectual Property
- 5.1. The software application for the Service and the information made available through the Service (other than the Customer Data provided by you) is the intellectual property/proprietary right of Eyeonid or the third party licensors of Eyeonid.
- 5.2. By accepting these General Terms, you agree that you at all times will respect and not infringe on our and our third party licensors’ intellectual property/proprietary right.
6. Liability and Limitation of liability
- 6.1. Eyeonid will use reasonable endeavors to provide you with the Service and undertakes to take reasonable precautions to protect your Customer Data according to general industry standards, including to make regular back-ups. However, the Service may not be error-free or available at all times, e.g. due to planned maintenance or for reasons not attributable to us, such as power outages, system failures or other interruptions. Eyeonid makes no representations or warranties of any kind, whether expressed, implied or otherwise regarding the Service. You acknowledge that Eyeonid shall not be held liable for any errors, interruptions, shut downs, loss of Customer Data etc. in the Service.
- 6.2. Alerts of potential unauthorized use of the Customer Data will be generated automatically and may include general information provided by banks, public authorities and service providers on how to act in order to stop or prevent suspected unauthorized use of your data. The Customer acknowledge that the information in the alerts may not be exhaustive or up to date and does not constitute any recommendation by Eyeonid on how you should act for which Eyeonid assumes any liability. Alerts may be blocked by spam filter and/or not transmitted to you due to errors in the mobile network or other reasons not attributable to us. You acknowledge that we in no case shall be responsible for any non transmitted alerts.
- 6.3. You are responsible for properly safeguarding your password in accordance with Section 3.2 above and acknowledge that Eyeonid shall not be held liable for any unauthorized access to your account, unless such access is attributable to our breach of these General Terms.
- 6.4. You acknowledge that Eyeonid in no event shall be held liable for any indirect or consequential damages or costs, including, without limitations, damages attributable to loss of Customer Data or profit and loss attributable to undiscovered unauthorized use of your Customer Data.
- 6.5. Eyeonid shall further not be liable by reason of any failure or delay in the performance of our obligations on account of any circumstances beyond our control which we could not have been reasonable expected to foresee at the time of entering into the agreement regarding the Service and the consequences of which we could not reasonable have avoided or overcome or as a result of our sub-contractors being prevented from supplying goods or services due to the circumstances here stipulated.
- 6.6. You acknowledge that Eyeonid’s aggregate liability under these General Terms in no event shall exceed an amount corresponding to your paid subscription fee for the Service during the year preceding your claim.
7. Right to withdraw
- 7.1. As a consumer, you always have the right to on certain conditions withdraw the purchase of the Service by giving our reseller written notice thereof. The conditions for such withdrawal are set out in your agreement with the reseller.
8. Term and Termination
- 8.1. Your subscription to the Service commences when you have accepted these General Terms and created your personal account and shall be valid until the agreement regarding the Service is terminated by either you, us or the reseller in accordance with these General Terms or your agreement with the reseller.
- 8.2. Eyeonid shall have the right to terminate our agreement regarding the Service for any reason by giving you thirty (30) days prior written notice thereof.
- 8.3. Eyeonid further reserves the right to terminate our agreement regarding the Service and suspend your use of the Service with immediate effect:
- a) should you be in breach of your obligations under these General Terms,
- b) if we reasonably believe that the provision of the Service could generate a material security risk for us, or
- c) if required to comply with amended or new laws or regulations or a governmental resolution. We shall notify you as soon as reasonably possible in connection with such termination.
- 8.4. Instead of terminating the Service in accordance with Section 8.3a) above, Eyeonid may chose to suspend your use of the Service and give you a possibility to remedy the breach within a stated period of time. If the breach is remedied within such period of time, the suspension of your use of the Service will be revoked. If the breach is not remedied within such period of time, we shall have the right to terminate our agreement with you regarding the Service in accordance with Section 8.3a) above.
- 8.5. If your agreement with the reseller regarding the Service is terminated, we will delete your personal account after the expiration of the notice period, if applicable.
9. Amendments and supplements
- 9.1. These General Terms may be amended from time to time. Such amendment will enter into force thirty (30) days after you have been notified of the amendment and the amended General Terms have been published in the portal for the Service (web and app). The latest version of the General Terms is always available in the portal for the Service (web and app).
- 10.1. Your rights and obligations under these General Terms may not be assigned to a third party.
- 10.2. Eyeonid reserves the right to freely assign our rights and obligations under these General Terms, in whole or in part by giving you thirty (30) days prior written notice thereof.
- 11.1. Any notice from us to you shall be in writing and posted on your personal account in the Portal and/or sent to you by email to the email address submitted by you in your personal account or via channels according to agreement between you and Reseller. Notices shall be deemed to have been served when posted on your personal account.
- 11.2. Any notices from you to Eyeonid shall be in writing and send through electronic means using the contact form on the Webpage. Notices shall be deemed to have been served when received by us.
- 11.3. If you wish to contact us for any purpose other than submitting a notice under these General Terms, we have the following contact information:
- Eyeonid Group AB
114 11 Stockholm
- Eyeonid Group AB
If any provision of these General Terms is held invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the other provisions of the General Terms, and, to that extent, the provisions of these General Term are intended to be and shall be deemed severable. The provision held invalid shall be reasonably adjusted in accordance with the purpose of such provision.
13. No waiver
No failure or delay by either party in exercising any right, power or privilege under these General Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
14. Entire agreement
These General Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, between the parties with respect to the subject matter hereof.
15. Governing law and dispute resolution
- 15.1. These General Terms shall be governed by and construed in accordance with the laws of Sweden.
- 15.3. Any dispute, controversy or claim arising out of or in connection with the Service or a breach, termination or invalidity of these General Terms shall be referred to a general court or the National Board for Consumer Disputes (Allmänna reklamationsnämnden, Box 174, 101 23 Stockholm, Sweden, www.arn.se).