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Terms of Service

Customer Agreement– myUpway

Definitions

Agreement – the agreement between myUpTech and the Customer regarding myUpway.

Connected System – the Customers heat pump or other system that the Parties have agreed that the Customer shall be able to monitor, control and regulate.

The Customer – contracting party to myUpTech in the Agreement.

Force Majeure – circumstances outside myUpTech´s control causing discharge for myUpTech in accordance with article 9.

Login Information – user name and password to the Customer´s User Profile for myUpway.

myUpTech – myUpTech AB, Org. No. 556633-8140, Box 14, 285 21 Markaryd.

myUpway – a basic service and thereto premium services for which the Customer has signed up for and that enable the Customer to monitor, control and regulate the Connected System that is connected to myUpway. For more information about myUpway see the User Manual.

myUpway Subscription – the Customer´s access to myUpway online e.g. through the myUpway Website or through other technical means which the Customer can access the User Profile.

myUpway Website – www.myupway.com

Parties – myUpTech and the Customer.

Personal Data – personal data that can be attributed to a natural person including but not limited to; full name, address and e-mail address.

User Manual – instructions regarding the Customer´s use of myUpway supplied with the Connected System and available on the myUpway Website.

User Profile – the Customer´s personal registered account for myUpway.

1. Generally

1.1 The Agreement shall apply when myUpTech provides myUpway to the Customer.

1.2 myUpway is offered to the Customer provided that the Customer accepts all the conditions of the Agreement. By clicking ”agree” the Customer guarantees; that the Customer is authorized to enter into agreement, that the information provided by the Customer during the registration process is accurate and complete and that the Customer thereby accepts all terms of the Agreement. The Agreement enters into force when the Customer accepts the Agreement. If the Customer does not accept all the terms of the Agreement the Customer must cancel the registration. Thereby the Customer has no right to use myUpway.

1.3 When entering into the Agreement, the Customer shall register a User Profile through myUpway Subscription. The Customer shall in the register form state complete and accurate information about the Customer including; full name, address and e-mail address. The Customer shall ensure that any change in this information is updated on the User Profile.

1.4 The Customer shall state Login Information when registering for myUpway. When the Agreement is entered into by the Customer an e-mail, including an attached link for activating the Customer´s Using Profile at myUpway Subscription, will be sent to the Customer. The Login Information is personal and may not be disclosed to a third party. The Customer is responsible for other´s misuse of the Login Information. The Customer is obliged to immediately change the Login Information via the User Profile if the Customer suspects that unauthorized persons have gained access to the Login Information. Should this not be possible, the Customer must contact myUpTech so that necessary actions can be taken to avoid abuse.

2. The provision of myUpway

2.1 myUpTech shall provide myUpway in accordance with the Agreement. myUpTech is entitled to engage subcontractors for the performance of its obligations pursuant to the Agreement. myUpTech is responsible for work performed by any subcontractor as though the work had been performed by myUpTech.

2.2 The Customer or the installation engineer of the Customer shall make sure that the Connected System is compatible with myUpway.

2.3 myUpTech is not responsible for the Customer´s choice of Internet connection or Internet service provider. All costs attributed to the Customer´s choice of Internet connection as well as costs of Internet traffic between the Customer and myUpway Subscription shall be borne by the Customer.

2.4 myUpway Subscription includes customary updates and maintenance. Should myUpTech offer new services and functions, the Customer will be offered them. The current subscription fee does not include such new services and functions.

3. The Customer´s use of myUpway

3.1 The Customer gets access to the User Profile through myUpway Subscription, from which the Customer can monitor, control and regulate the Connected System.

3.2 The Customer may only use myUpway for personal use and for purposes under the Agreement. The Customer is solely responsible for;

• that all use of myUpway is in accordance with the User Manual,

• all activities on the Customer´s User Profile,

• that the Customer´s use of myUpway does not give rise to damage or inconvenience for myUpTech or any third party,

• any damage to myUpTech or any third party caused by the Customer or other for whom the Customer is responsible for, when using myUpway,

• that unauthorized persons do not get access to the Login Information,

• any damage or loss that may occur when unauthorized persons use myUpway, in the event the Customer willfully has permitted unauthorized persons to use myUpway or the Customer otherwise has been negligent in the handling of the Login Information so that unauthorized persons gained access to myUpway.

4 Price and Invoice

4.1 The applicable price and payment terms for myUpway are specified on the myUpway Website.

5. Support and Service

5.1 The Customer shall upon failure of any service relating to myUpway visit the myUpway Website for information on troubleshooting and possible malfunctions.

5.2 myUpTech does not provide support for defects or problems with the Customer´s Internet connection or computer and/or network equipment.

6. Defects in myUpway

6.1 Defects in myUpway means that the Customer cannot use myUpway in accordance with the Agreement. myUpTech shall remedy such defects within reasonable time.

6.2 Where the Customer has notified a defect which is caused by the Customer or circumstances for that the Customer is responsible for, myUpTech shall be entitled to compensation from the Customer.

Compensation may be demanded for work performed by myUpTech and other expenses. Examples of such are defects caused by;

• the Customers improper or negligent use of myUpway or

• the Customers failure to follow the instructions regarding the use of myUpway under the User Manual.

6.3 myUpTech reserves the right to limit the availability of myUpway to the extent necessary for maintenance and updates.

7. Limitation of Liability and Damages

7.1 myUpTech is relieved from any and all liabilities for breach of contract by reason of any circumstances beyond myUpTech´s immediate control, e.g. defects in the Connected System that does not rest upon myUpTech, defects that rest upon the Customer or circumstances arising from the Customer or defects due to improper use of myUpway in violation of the User Manual.

7.2 myUpTech is not responsible for the accuracy of the information transmitted through myUpway. The Customer acknowledges that computer and electronic communication is not flawless and that temporary interruptions or malfunctions may occur.

7.3 myUpTech shall not be held liable for damage incurred by the Customer due to the content of data or other information transmitted through myUpway. myUpTech is further not responsible for damage caused by computer viruses or equivalent, delay, corruption or loss of data or intrusion in myUpway whereby third parties get access to, destroy or corrupt data or other information.

7.4 Unless otherwise regulated in the Agreement, the Customer is entitled to compensation for direct damage due to negligence by myUpTech, or anyone whom myUpTech is responsible for, upon providing myUpway. However, the compensation is limited to the amount equal to the Customer´s payment for myUpway during the term of the Agreement. myUpTech is not responsible for indirect damage or consequential losses in business of the Customer or any third party.

7.5 The forgoing limitation of liability shall not apply in cases of intent or gross negligence.

8. Force Majeure

8.1 myUpTech is relieved from any and all liabilities by reason of any circumstances beyond myUpTech´s immediate control, which impedes, delays or aggravates any obligation to be fulfilled by myUpTech under this Agreement. The same applies if the failure is due to late deliveries from myUpTech´s subcontractors caused by Force Majeure.

8.2 Force Majeure means inter alia acts of authorities, changes in law or legislation, strike, blockade, war, riot, sabotage, power failures, extreme weather, lightning, fire, explosion, flood, natural disaster or accident.

9. Complaints

9.1 Claims against myUpTech under the Agreement shall be transmitted to myUpTech without undue delay after the damage or defect has been detected or should have been detected. If the Customer fails to provide notice in the manner and within the time stated herein, the Customer shall lose the right to invoke any claim, based on the damage or defect, against myUpTech.

10. Term

10.1 The Agreement shall be effective on the date of execution in accordance with article 1.2 and continue through the next successive twelve (12) months.

10.2 If the Agreement is not terminated within three (3) months prior to the expiry of the Agreement, the term of the Agreement shall be automatically extended for twelve (12) months at a time with three (3) months notice of termination.

11. Suspension

11.1 If the Customer fails to comply with the conditions set out in the Agreement, myUpTech may, with immediate effect and until further notice, disable the Customer´s access to myUpway. If myUpTech, in accordance with this provision, disables the Customer´s access to myUpway, myUpTech must, as soon as the infringement ceases, reactivate the Customer´s access to myUpway.

12. Termination and Transfer of Connected System

12.1 If the Customer essentially fails to comply with the conditions set out in the Agreement, myUpTech may terminate the Agreement with immediate effect.

12.2 If the Customer wishes to terminate the Agreement prematurely, the Customer shall deregister the User Profile via myUpway Subscription.

12.3 The Customer shall, upon transfer of the Connected System, terminate the Agreement and deregister the User Profile for myUpway.

12.4 The Customer hereby agrees that myUpTech, even after the termination of the Agreement, continuing taking part of information about the status and performance of the Connected System. The Customer may at any time discontinue the transmission of information to myUpTech by disconnecting the network cable from the Connected System.

13. Right of withdrawal

13.1 If the Customer is a consumer in accordance with the Swedish Distance Contracts and Doorstep Sales Act [SWE: Distans- och hemförsäljningslagen (2005:59)] the Customer is entitled to an off period of fourteen (14) days, from the day the Customer accepted the Agreement, during which the Customer by notice to myUpTech can withdraw from the Agreement.

14. Intellectual Property

14.1 The Agreement does not in any way imply that intellectual property is assigned to the Customer. The Customer may not, except as authorized in writing by myUpTech, use, copy, alter or in other way use software or other material belonging to myUpway, nor transfer or assign rights to such software or material to a third party.

15. Notices from myUpTech

15.1 Any notice and other communication to be given by myUpTech under this Agreement shall be deemed to be valid and effective if personally served on the Customer or sent by registered prepaid airmail or by e-mail or telefax to the Customer´s registered address.

A notice shall be deemed to have been given to the Customer:

a. in the case of personal service: at the time of service;

b. in the case of prepaid registered mail: at the latest two days after the date of mailing;

c. in the case of e-mail: on the date a receipt-acknowledged e-mail is sent; and

d. in the case of telefax: on the date the telefax is sent, provided receipt is confirmed by the other party.

16. Assignment of the Agreement

16.1 myUpTech may wholly or partly assign the rights and obligations under this Agreement to another company which, by itself or through subcontractors, is expected to fulfill myUpTech´s obligations towards the Customer. myUpTech shall notify the Customer of such assignment at least thirty (30) days in advance.

16.2 The Customer may not wholly or partly assign the rights and obligations under this Agreement to a third party.

17. Invalidity or contradiction to mandatory law

17.1 If any provision of the Agreement or part thereof is held invalid or contrary to mandatory law, the provision shall be reasonably adjusted, however, this shall not affect the remaining provisions of the Agreement.

18. Entire Agreement

18.1 The Agreement constitutes the entire agreement between the Parties on all matters to which the Agreement relates. Any particular matter that has not been expressly covered in the Agreement shall be resolved in accordance with the principles on which the Agreement is founded.

18.2 The contents of the Agreement shall supersede all previous written commitments and undertakings between myUpTech and the Customer regarding the User Profile and software for the Connected System.

18.3 In the event of any discrepancies or inconsistency between the Swedish version of the Agreement and any translation hereof, the Swedish version shall prevail.

19. Disputes

19.1 Any dispute arising out of or in connection with the Agreement shall be finally settled in accordance with Swedish law by a competent Swedish court.