1.    Introduction

These terms of service (“Terms”) govern the use and access to iZwop AB’s (also referred to as “we”, “us” and “our”) proprietary products and solutions including all software and related technology relating to digital business cards and thereto related products (the "Services"). By installing, using or otherwise taking part, whether as a Subscriber (as defined under Section 3) or as a recipient (passive third party) of the Services, or by authorizing others to do so, you, on behalf of yourself and any legal entity on which behalf you may be acting, installing or using the Services (hereinafter referred to as “You” and “Your”) agree to be bound by these Terms and by our Privacy Policy, which governs how we collect, use, share, and store Your personal information.

2.    Service eligibility

To use the Services, You agree that: (1) You must be the “Minimum Age” (as described below); (2) Your iZwop account must be in Your real name; (3) You are not already restricted by iZwop from using the Services; and (4) You agree to comply with these Terms and our Privacy Policy.  

“Minimum Age” means any age required by applicable law for iZwop to lawfully provide the Services to You without parental consent (including using of Your personal data).

3.    Your account

When You register an account with us (“Account”) and thus subscribe to using our Services, You become a "Subscriber", which means that You will be provided with a tool to unlimitedly share Your professional profile with other people and devices during a period of one (1) year (“Subscription Period”), subject to annual renewals. As a Subscriber, You agree to: (1) choose a strong and secure password; (2) keep Your password confidential; (3) not transfer any part of Your Account to third parties; and (4) follow the law as applicable from time to time. You may display information on Your Account as You deem appropriate, hence; You choose how Your data is profiled, as a Subscriber You own it. However, if the Services are purchased by another party for You to use (e.g. Your employer), the party paying for such Services has the right to control access to and get reports on and use of such paid Services.

4.    Your Material and permissions

When using the Services, You provide us with, inter alia, Your files, content, messages, contacts and so on ("Your Material"). These Terms do not give us any right to Your Material except for the limited rights that enable us to offer the Services. The Services allow You to share Your Material with others, so please carefully consider the sensitivity of any data You enter in Your Account or otherwise share. The Services provide You with features like photos, videos, location, document, editing, sharing, searching etc. These and other features may require our systems to access, store and scan Your Material. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

5.    Changes to the terms

We reserve the right to change, alter, replace or otherwise modify these Terms and our Privacy Policy at any time. If we make any material updates to these Terms, we will highlight this fact on our website and, if applicable, provide You notice through the Services. If You object to any such updates, You may close Your Account. Your continued use of the Services after we publish or send a notice about our changes means that You consent to our updated Terms.

6.    Notices and service messages

You agree that we will provide notices to You in the following ways: (1) a notice within the Services, or (2) a message sent to the contact information You provided us (e.g., email, mobile number). You agree to keep Your contact information up to date.

7.    iZwop Use Policy

You must comply with the iZwop Use Policy (listed below). Consequently, You are not allowed to do any of the following in connection with using the Services:

  • make use of the Services in any way which is not expressly permitted under these Terms, our Privacy Policy, applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or any part of it;
  • remove, alter or infringe any copyright, trademark, or other intellectual property contained on or provided through the Services;
  • use the Services to import or copy any local files You do not have any legal right to import or copy;
  • sell, sublicense or lease any part of the Services;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services You haven't been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing any part of the Services;
  • access or create accounts for the Services by any means other than our publicly supported account;
  • send altered, deceptive or false source-identifying information e.g. "spoofing" or "phishing";
  • circumvent storage space limits;
  • use any other person’s username and password;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence, or that is intended to or does harass or bully other users;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading, or that includes malicious content such as malware, Trojan horses or viruses, or otherwise interferes with any user’s access to the Service; or    
  • violate the privacy or infringe the rights of others. We may review Your conduct and content for compliance with these Terms (including the iZwop Use Policy). With that said, we have no obligation to do so.

8.    Other content, sites and applications

Your use of others’ content and information posted on the Services is at Your own risk. Others may offer their own products and services through the Services, and we are not responsible for those third-party activities. iZwop generally does not review content provided by our Subscribers or others. You agree that we are not responsible for others’ (including other Subscribers’) content or information. We cannot always prevent this misuse of the Services, and You agree that we are not responsible for any such misuse.

9.    Intellectual property rights

iZwop AB reserves the right to all its intellectual property rights in the Services. Thus, using the Services does not give You any ownership to the Services, any intellectual property or to the content or information made available through it. Trademarks and logos used in connection with the Services remain the trademarks of their respective owners. iZwop and other iZwop trademarks, service marks, graphics, and logos etc. used for the Services, now and in the future, are trademarks of iZwop. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers of our intellectual property. Nothing in these Terms shall constitute or be construed as a transfer of ownership of any of iZwop’s intellectual property rights or other rights or to otherwise give You any proprietary rights to iZwop’s intellectual property rights.

10.    Service availability

We may change or discontinue any of the Services. We do not promise to store or keep showing any information and content that You have posted. You agree that we have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

11.    Payment

Upon becoming a Subscriber, You agree to (i) pay us the applicable fees for using the Services, and (ii) consent to any additional terms specific to the paid Services (in addition to these Terms and our Privacy Policy). Failure to pay our fees will result in the termination of the Services. Moreover, You agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates);
  • We may store and continue billing Your payment method (e.g. credit card) even after it has expired, to avoid interruptions in Your paid Services and to use to pay other Services You may buy;
  • Your payment method will automatically be charged at the start of each subscription period.
  • You are responsible for all applicable taxes, and we will charge tax when required to do so; and
  • Your purchases of the Services are subject to our refund policy (as further detailed below).

At the end of a Subscription Period, we will send You a notice reminding that Your subscription for the Services is about to renew, prior to the renewal date. Subject to Section 12 below, You may cancel Your Account at any time.

Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Subscription Period within 14 days of signing up for, upgrading to or renewing their Services. We reserve the right to change the fees of our Services in effect, but will give You advance notice of such changes.

12.    Termination

The Subscription Period will automatically renew at the end of each term for a further term of one (1) year unless You provide iZwop written notice of termination at least 30 days prior to the end of the relevant Subscription Period.

We reserve the right to suspend or terminate Your Account, if we believe that:

  • You are in breach of these Terms or our Privacy Policy, or
  • You are using the Services in a manner that could cause a real risk of harm or loss to us or to other Subscribers and users, or otherwise misusing the Services, or
  • You have not paid for Your Account nor accessed the Services for 12 consecutive months.

Subject to the aforesaid, we will provide You with reasonable notice to remedy the activity that caused us to contact You. If after such notice You fail to take the steps we ask of You, we will terminate or suspend Your access to Your Account and the Services. Notwithstanding the aforesaid, we will not provide notice before terminating Your Account where You are in material breach of these Terms or we are prohibited from doing so by law.

13.    Discontinuation of services

We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we discontinue Services before the end of any Subscription Period You have paid us for, we will refund the portion of the fees You have pre-paid but have not received Services for.

14.    Services "AS IS"

We strive to provide the best services we can, but you understand and agree that there are certain things we cannot guarantee and that the services are provided "as is" and “as available”, without express or implied warranty or condition of any kind. You use our services at your own risk. Hence, to the fullest extent permitted by law, izwop, its affiliates (and those izwop work with to provide the services) make no warranties, either express or implied, about the services. In addition, izwop makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the services or any hyperlinked website, or otherwise featured in any banner or other advertising.

15.    Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IZWOP, ITS AFFILIATES (AND THOSE THAT IZWOP WORK WITH TO PROVIDE THE SERVICES) BE LIABLE TO YOU OR OTHERS FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; (2) ANY LOSS OF DATA, BUSINESS OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO IZWOP DURING THE PRIOR TWELVE (12) MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

16.    Resolving disputes

You agree that the laws of Sweden shall exclusively govern any dispute relating to these Terms and the Services. Any dispute, controversy or claim arising out of or in connection with these Terms or the use of Services or the breach, termination or invalidity thereof, shall be settled by Stockholm District Court in first instance.

17.    Entire Agreement

These Terms constitute the entire agreement between You and iZwop AB with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

18.    Waiver, severability & assignment

If a provision in these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of Your rights under these Terms, and any such attempt will be void. iZwop may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.  

____________________________
The iZwop® support team
happytohelpyou@izwop.com

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