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User agreement

STOREGATE AB – USER AGREEMENT

1. GENERAL INFORMATION ON THE USER AGREEMENT

The following general terms and conditions (theUser Agreement“) apply to Storegate AB’s provision of service/storage space (including the Software (defined below)) (the “Service“). Storegate provides both paid and free versions of the Service.

2. COMPANY INFORMATION

The seller/provider of the Service: Storegate AB, org.nr 556623-6179 (“Storegate” or “we”)
Address: Pirgatan 13, 374 35 Karlshamn
Support: support@storegate.com

Customer” means the consumer or legal entity ordering the Service. The User Agreement will only be binding between the Customer and Storegate and the Customer may only use the Service if (a) the Customer is a consumer who has reached the age of 18 at the time of the agreement; or (b) the Customer is a legal entity and the User Agreement has been entered into by an authorized representative of the legal entity. A Customer that is a legal entity is also responsible for ensuring that its users of the Service comply with this User Agreement in the same way as the Customer. “Users” means the persons who have gained access to the Service via the Customer, e.g. through login details or API keys.

3. SOFTWARE LICENSE AND INTELLECTUAL PROPERTY RIGHTS

Storegate grants the Customer a non-exclusive, non-transferable, worldwide and revocable license to install and use the software included in the Service, including related media and specifications and operating instructions for such software (collectivelytheSoftware“). Storegate reserves the right to modify and/or replace the Software during the term of the agreement.

All intellectual property rights and other rights to the Software are held by Storegate or its licensors. The Customer obtains no rights of any kind to the Software beyond what is expressly stated in this User Agreement.

The Software may only be copied by the Customer to the extent expressly authorized in writing by Storegate. The Customer is under no circumstances, in whole or in part, entitled to disassemble, network, process, modify, decompile, copy, make additions to or create derivative works from the Software other than what is expressly stated in this User Agreement. Nor may the Customer transfer, rent, lend or otherwise make available all or part of the Software to third parties other than as expressly stated in this User Agreement. In addition, the Customer undertakes to ensure that no third party is authorized to examine the Software without Storegate’s written consent. Upon termination of the User Agreement, the Software shall be uninstalled immediately by the Customer.

Storegate makes no warranty of any kind that the Software will meet the Customer’s needs or that the Software can be used without interference or error.

4. SERVICE, AVAILABILITY, ETC.

The Service consists of the services, systems, information and products (including the Software) as described from time to time in the description of the Service on Storegate’s website(www.storegate.com)(the “Website“). Storegate undertakes, in accordance with the User Agreement and as described from time to time on the Website, to provide the Customer with access to the Service on servers provided by Storegate and to ensure that the servers are connected to the Internet. The Customer is aware and accepts that the Customer’s use of the Service is dependent on the Customer having access to an Internet connection. It is the Customer’s responsibility to pay for and maintain such internet connection.

Storegate undertakes to take reasonable measures to ensure that the Service is available over the Internet around the clock. However, Storegate reserves the right to take measures that affect the availability of the Service if Storegate finds it necessary for technical, maintenance, operational or security reasons. Storegate shall, if possible, inform the Customer in good time of planned interruptions in the Service. However, the Customer understands that all or parts of the Service may be shut down with immediate effect in the event that Storegate deems it necessary for, for example, security reasons. Storegate reserves the right to change, add or remove functions in the Service at any time and to unilaterally change, make additions to and otherwise adjust the terms of this User Agreement. Storegate shall inform the Customer, via the Service, on the Website or by e-mail to the e-mail address provided by the Customer, of such changes to the terms of the User Agreement and/or such material changes to the Service that Storegate implements. In the event that the Customer does not accept such material changes to the Service or the terms and conditions of the User Agreement, the Customer shall be entitled to terminate the User Agreement within thirty (30) days of Storegate informing the Customer of the changes, to expire at the end of the current payment period. A Customer who has not terminated the User Agreement no later than thirty (30) days after Storegate has informed the Customer of the changes shall be deemed to have accepted the changes.

Storegate is responsible for ensuring that information sent from Storegate’s system to the Customer is in the same form as when the Customer stored the information in Storegate’s server. However, Storegate is not responsible for any disruption or distortion of the information that occurs during Internet transmission. The Service does not provide protection against viruses or other malicious code and the Customer understands that opening files is at the Customer’s own risk. Storegate does not guarantee the availability of the Service and does not take responsibility for the Service being error-free.

Storegate and its employees do not themselves have direct and immediate access to the information stored by the Customer through the Service and do not exercise any supervision of the information stored by the Customer.

The Customer understands that, for the software available for the purpose of automatically backing up content to the Service, it is the Customer’s responsibility to choose whether files that are deleted locally on the computer should also be deleted from the Service or whether the Service should be used for archiving (i.e. no files are deleted). This is done during installation or later under settings in the Service. If there is no archiving option in the Service, the Customer is responsible for ensuring that the files to be stored on Storegate’s servers are also available locally on the Customer’s computer, so-called mirroring.

The Service may contain functions offered via so-called third-party suppliers. Storegate is not responsible for these functions and the Customer is responsible for any specific terms and conditions with these suppliers.

If any part of the Software is offered under an open source license, such license is made available to you through a third party and the provisions of such third party’s license terms will then apply to the Customer and may override or modify one or more of the terms of this User Agreement. It is therefore important that the Customer reviews any such third party license terms.

5. THE CUSTOMER’S USE OF THE SERVICE

The Customer is responsible for and shall bear all costs for ensuring that the Customer has access to the equipment required to access and use the Service to its full capacity, including but not limited to internet connection, telephone, data, hardware and software equipment.

The Customer is solely and exclusively responsible for all information that the Customer enters, processes or handles using the Service and for all information that the Customer stores on Storegate’s servers (theContent“).

The Customer undertakes to use the Service only in accordance with the User Agreement and Storegate’s instructions in force from time to time, which are made available, inter alia, via the Website, by e-mail or in the Software. The Customer is not entitled to use the Service in a way that may overload, disrupt, damage, disable or impair the Service or use the Service in any way that may lead to the transmission, distribution or upload of programs or materials containing malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses, spyware or other potentially harmful programs, materials or information.

The Customer undertakes not to use the Service to upload, post, email or otherwise process or transmit information in violation of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography offenses, defamation, insult, sedition, unlawful destruction of property and/or violation of copyright or other intellectual property laws or violation of applicable data protection laws) or which may otherwise be perceived as threatening, abusive, racist, harassing, offensive, vulgar and/or indecent or which constitutes an invasion of privacy. The Customer also undertakes not to use Storegate’s trademarks or signs in any way other than as expressly authorized by Storegate.

The Customer is not entitled to use information in the Service or space on Storegate’s servers for any purpose other than utilization of the Service in accordance with this User Agreement. The Customer shall not reproduce, duplicate, make copies of, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for commercial purposes without first having agreed in writing with Storegate. Nor may the Customer use the Service as part of automated processes for other software applications or in connection with mass mailing of information or as support for publicly available file sharing services.

By accepting this User Agreement, Customer consents to Storegate processing the Content and disclosing the Content if Storegate is required to do so in order to (a) comply with any legal obligation; (b) enforce the User Agreement; (c) respond to claims that the Content infringes the rights of third parties or otherwise violates applicable law; or (d) protect the interests, rights, property, or personal safety of Storegate, its users, or the public.

The Customer acknowledges that the provision of the Service and the storage of the Content may involve (a) transmission over various networks; and (b) modifications to adapt and process the Content in accordance with technical requirements for connecting networks or devices.

6. SPECIAL CONDITIONS FOR THE STOREGATE SIGNING SERVICE

The customer is aware and accepts that so-called signing credits are valid for the current month and do not carry over to the next month or the next payment period. For each signature performed by a signatory or a reviewer, signing credits are consumed. Conversion table for signing credits/function utilization can be found under support on the website. If an envelope is sent out but is recalled before a signer/reviewer has started signing, the signing credits are returned to the Customer’s pot. If a signer/reviewer starts signing, all credits for the envelope are considered used up.

Storegate is never a signatory to an agreement, unless the signature request is initiated by Storegate.

It is the Customer’s responsibility to keep informed of current regulations on e-identifications, e.g. whether special conditions apply to certain e-identifications and whether there are restrictions on the areas in which an e-identification may be used. If Storegate suspects that the Service is used in an area that violates such conditions, Storegate reserves the right to deny the Customer the use of the Service.

Upon termination of the Storegate Signing service, all information, including envelopes, settings, documents and other information that can be traced to the Service will be deleted. Storegate is responsible for validating documents for up to ten (10) years through QR code and link.

Storegate is not responsible for the validity or content of the documents. In the event of a dispute regarding an agreement concluded using the Service, Storegate is only obliged to disclose information about the agreement that can be generated using the Service. Such information is then communicated to both parties simultaneously.

7. PROCESSING OF PERSONAL DATA

When registering, the Customer shall provide the personal and address information requested in the registration form and keep Storegate informed of any changes in such information during the contract period. A Customer that is a legal entity shall also provide information about the contact person(s) who will have access to the Service on behalf of the legal entity.

Storegate collects and processes the personal data of the Customer or the Customer’s contact persons specified in the registration form (the “Personal Data”) for the purpose of providing and administering the Service and otherwise fulfilling its obligations under the User Agreement. Storegate is the data controller for this processing and will in connection with this always protect the Customer’s or the Customer’s contact persons’ personal integrity and strive to protect the Personal Data in the best possible way. Storegate complies with applicable laws and regulations on data protection, such as the EU General Data Protection Regulation 2016/679 (“GDPR“), national legislation supplementing the GDPR and other applicable data protection legislation.

In connection with the provision of the Service, Storegate may from time to time process personal data on behalf of the Customer. For such processing of personal data, the Customer is the data controller and Storegate will process the personal data in its capacity as data processor. The parties agree that Storegate’s data processing agreement, https://www.storegate.com/personuppgiftsbitradesavtal/, shall apply to Storegate’s processing of personal data on behalf of the Customer.

For more information about Storegates’ processing of personal data, please read Storegates’ Privacy Policy, https://www.storegate.com/integritetspolicy/. This describes which categories of personal data Storegate collects from the Customer, how this personal data is processed and for what purposes. Furthermore, the privacy policy states what rights the Customer or the Customer’s contact persons have in relation to Storegate regarding the personal data processing carried out by Storegate.

8. PASSWORDS ETC.

The Customer is responsible for ensuring that the user identity(s) and password(s) the Customer receives for the Service are stored in a secure manner and inaccessible to third parties. The Customer is responsible for any unauthorized use of the Customer’s user identity and password for the Service until the Customer has requested and Storegate has blocked certain user identity access to the Service. Storegate is entitled to check the use of the Service in accordance with this User Agreement itself or by engaging an external consultant at the Customer.

9. SUPPORT OF THE SERVICE

Support of the Service is only provided to Customers who have entered into an agreement for paid versions of the Service and is not included in free versions of the Service. Customers using a free version of the Service are referred to the Website for further information on support issues.

The Customer is aware that Storegate provides technical support via remote control. Remote control requires that the Customer gives consent to this. The Customer is aware that Storegate is granted access to the Customer’s computer system through such remote control. The Customer understands and accepts that Storegate does not accept any liability for any damage – direct or indirect – caused to the Customer through the utilization of technical support via remote control unless such damage has been caused to the Customer through deliberate or grossly negligent action by Storegate.

10. PAYMENT TERMS

Customers who choose to create an account for a paid version of the Service will be charged by Storegate in the manner agreed between the parties, i.e. in accordance with the chosen payment method and payment period. Charges will be made in accordance with Storegate’s current price list for the Service, which is published on the Website, unless otherwise agreed between the parties.

Storegate reserves the right to change the prices for the Service at any time. However, such changes shall only become effective after Storegate has published a new price list on the Website and informed the Customer of the price changes. In the event that the Customer does not accept the price change, the Customer has the right to terminate the User Agreement with immediate effect within sixty (60) days of Storegate informing the Customer of the changes, whereby the Service will then be retained for any remaining period already paid for and then terminated. A Customer who has not terminated the User Agreement within this period shall be deemed to have accepted the changes.

All fees are payable in advance unless otherwise specified. However, in cases where the Service is invoiced after consumption, subsequent invoicing/crediting may occur. When paying by invoice, Storegate reserves the right to charge an invoice fee in accordance with Storegate’s price list applicable at any given time. The Customer can change the payment method at any time when the Customer is logged into its account for the Service. The change will then be effective as of the next payment period.

In the event that the Customer has not made payment in accordance with the invoice or does not have sufficient funds for the payment on the specified credit card, Storegate shall be entitled to suspend all or part of the Service until the Customer has made full payment. If the Customer does not pay, despite a reminder from Storegate, Storegate shall be entitled to immediately terminate the Customer’s User Agreement. In the event of late payment, Storegate is also entitled to compensation for payment reminders, for collection costs and the right to penalty interest according to law.

The Customer is responsible for notifying Storegate if the invoicing details need to be changed. If the Customer has chosen to receive an e-mail invoice and the e-mail address provided by the Customer is incorrect, or if the invoice otherwise does not arrive at the Customer’s e-mail address, Storegate is entitled to send a paper invoice instead for a fee.

Payment made is binding and is not refundable in connection with the termination of the User Agreement or in the event of downgrading/deactivation, regardless of the reason for the termination of the User Agreement or when such termination occurs.

11. RIGHT OF WITHDRAWAL FOR CONSUMERS

If you use the Service as a consumer, Storegate applies a 14-day right of withdrawal, in accordance with applicable consumer protection legislation, from the day your user account was registered on the Website. If you intend to exercise your right of withdrawal, you must notify Storegate by e-mail to support@storegate.com within the above-mentioned period. If you wish to exercise your right of withdrawal, you can also use the standard form available on the Swedish Consumer Agency’s website.

12. CLAIMS ARISING FROM THE CUSTOMER’S USE OF THE SERVICE

If a claim is made against Storegate or an action is brought against Storegate due to the Customer’s use of the Service, the Customer undertakes to indemnify Storegate for all damage incurred by Storegate as a result of such claim (including but not limited to costs due to settlement or judgment). The undertaking applies only on condition that the Customer is notified in writing by Storegate of the claim made or action brought against Storegate within a reasonable time of the claim being made, and that the Customer has been given the opportunity to approve any settlement or similar undertaking.

13. LIMITATION OF LIABILITY

Storegate shall under no circumstances be liable for indirect or consequential damages (e.g. financial loss, loss of income or loss of data) that may be suffered by the Customer or third parties due to the Service or the Customer’s use of the Service. Storegate shall not be liable for data breaches or lack of data confidentiality in connection with the transmission of information via the Internet when using the Service.

To the extent possible under applicable law, Storegate is also not liable for direct damage that may affect the Customer or third parties due to the Service or the Customer’s use of the Service.

Storegate’s liability under the User Agreement shall in all circumstances always be limited to an amount corresponding to the annual fee paid by the Customer for the Service under this User Agreement, but not exceeding SEK 10,000. Claims exceeding this amount cannot be asserted by the Customer against Storegate. This limitation shall also apply if other guarantees or remedies under this User Agreement do not fulfill their purposes.

Storegate’s liability shall be limited to the above unless there is intent or gross negligence.

Storegate’s liability for compensation under this paragraph shall, to the extent possible under applicable law (including applicable consumer protection legislation), not apply to free versions of the Service.

14. TERM OF CONTRACT AND TERMINATION

This User Agreement enters into force on the date of the Customer’s subscription to the Service through registration via the Website and is valid until further notice. The User Agreement may be terminated by either party until the end of the current payment period provided that notice is given no later than thirty (30) days before the end of the payment period. The same notice period applies if the Customer wishes to downgrade the size of the account or deactivate activated payment services within the framework of the Service. If the User Agreement is not terminated at least thirty (30) days before the end of the current payment period, the User Agreement shall be extended by a period corresponding to the length of the last payment period with thirty (30) days’ notice.

The Customer can primarily terminate the User Agreement via their account for the Service. If login details are missing, it is possible to send a written notice of termination to Storegate. Storegate may then require the person wishing to terminate the User Agreement to prove their identity.

In the event of termination of the User Agreement, the Customer has access to the Service for the remaining period for which the Customer has already paid. It is the Customer’s responsibility to empty his/her account before the expiry of the contractual period for the Service. If this is not done, Storegate will retain the remaining files for two (2) months in the event of a reactivation of the account. Thereafter, Storegate is entitled to delete the remaining files. In the event that the Customer requests assistance from Storegate for the transfer of information, Storegate is entitled to compensation in accordance with Storegate’s price list for consultancy services for such assistance, as applicable from time to time.

Storegate reserves the right to immediately terminate the User Agreement and/or suspend all or part of the Service (including immediately clearing the storage space) for Customers who use the Service in violation of this User Agreement or Storegate’s instructions, use the Service for storage and/or transfer of unreasonably large amounts of data or for unreasonably long data sessions compared to an average use of the Service, or for Customers who Storegate otherwise deems to risk seriously disrupting the use of Storegate’s system or who obviously abuse the Service.

The Customer agrees that Storegate is entitled to terminate the User Agreement and clear the storage space for Customers to the free version of the Service who have been inactive for more than six (6) months. In the event Storegate intends to terminate the User Agreement due to inactivity, Storegate shall send a notice to the Customer’s e-mail address. The Customer may then activate the Service in order to retain the Service on the same terms as before. In the event that the Customer has not activated the Service within one (1) month from receipt of such notice of termination, Storegate shall be entitled to terminate the Customer’s account and clear the storage space.

Storegate is also entitled to terminate the User Agreement with immediate effect if the Customer is declared bankrupt, suspends payments, goes into liquidation or can otherwise be considered insolvent.

In the event of Storegate’s termination of the User Agreement due to the Customer’s breach of contract, Storegate reserves the right to demand compensation from the Customer for all damage Storegate suffers as a result of the breach of contract.

15. FORCE MAJEURE

A party is exempt from penalties for failure to fulfill a certain obligation under the User Agreement if the failure is due to a circumstance of the type stated below (“exempting circumstance”) and the circumstance prevents or significantly impedes the timely fulfillment thereof and the party could not have controlled the circumstance. Exonerating circumstances shall be deemed to include, inter alia, action or omission by a public authority, new or amended legislation, labor disputes, blockade, lightning, fire, flood, shortage of transport, goods or energy, or failure or delay in delivery of goods or services by the supplier due to the above-mentioned circumstance, as well as failure in the public data or telephone network.

16. OTHER

The Customer shall not be entitled to assign its rights or obligations under this User Agreement without Storegate’s written consent. Storegate is entitled to transfer its rights or obligations under this User Agreement in its entirety.

Storegate is entitled to engage subcontractors for the functionality of the service and the service’s performance of commitments under this User Agreement. Storegate is responsible for subcontractors as for its own actions.

Messages to the Customer are sent to the e-mail address specified by the Customer in the User Agreement. Messages from the Customer to Storegate can be sent via the “Contact us” section on the Website. Messages shall be deemed to have been received by Storegate when Storegate confirms receipt with a personal reference (not autoresponder).

17. APPLICABLE LAW AND DISPUTES

Swedish law shall apply to this User Agreement.

In the event of any disputes, our goal is always to find the best possible solution to what has happened. If the dispute cannot be resolved in agreement with Storegate’s support, you can, if you use the Service as a consumer, turn to the General Complaints Board (ARN).

Any dispute arising from the User Agreement that cannot be settled in any other way as set out above shall be finally settled by a Swedish general court.