End user license agreement

1. Introduction and definitions

These End User License Agreement terms (the “Terms”) are applicable between you ("Customer" or "you") and Viking Analytics AB, reg. no. 556907-1912 ("Supplier”) and governs your use of the Services (as defined below). By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to the Terms, you must not use the Services.

The Terms outline your rights and responsibilities as a Customer of the Services, as well as Supplier’s obligations to you. It is important to understand the Terms to ensure a clear and mutually beneficial relationship. If you have any questions or need further clarification, please contact us at info@vikinganalytics.se

Supplier reserves the right to change the Terms from time to time. Any such changes shall be immediately effective between the Parties. The version of the Terms applicable can be found at www.vikinganalytics.se.

For the purposes of these Terms, the following terms shall have the meanings ascribed to them as follows:

“Non-Supplier Applications” means online applications and offline software products provided by entities or individuals other than Supplier and are clearly identified as such, and that interoperate with the Services.

“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Services” means the MultiViz software suite, created and owned by Viking and resold by Supplier to Customer, including any supporting modules, algorithms or derivatives which processes data to prepare, analyze and organize sensor data made available online via the login link at https://dashboard.multiviz.com and/or other web pages designated by Supplier, including associated offline components such as on premise software, as described in the User Guide. “Services” exclude Non-Supplier Applications and derivatives of the aforementioned services materially amending the scope of the Agreement.

“Customer Data” means all electronic data or information submitted by Customer to the Services.

“User Guide” means the online user guide for the Services, accessible by login, as updated from time to time.

“Viking” means Viking Analytics AB, reg. no. 5569071912.

2. provision of the services

2.1 General. Supplier shall maintain technical, organisational and administrative security measures and processes designed to protect the Services from unauthorized access, destruction or disclosure. 

2.2 Non-Supplier Applications. The Services may contain features designed to interoperate with Non-Supplier Applications. To use such features, you may be required to obtain access to such Non-Supplier Applications from their providers. If the provider of any such Non-Supplier Application ceases to make the Non-Supplier Application available for interoperation with the corresponding Service features on reasonable terms, Supplier may cease providing such Service features without entitling you to any refund, credit, or other compensation.‍

2.3 Negative undertakings. Customer undertakes not to (and not authorize any third party to): (a) sell, re-sell, rent or lease the Services; (b) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (c) use the Services to store or transmit means viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (e) attempt to gain unauthorized access to the Services or their related systems or networks; (f) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services except to the extent that enforcement of the foregoing restriction is prohibited by applicable law; (g) circumvent any user limits or other timing, use or functionality restrictions built into the Services; (h) remove any proprietary notices, labels, or marks from the Services; (i) frame or mirror any content forming part of the Services; or (j) access the Services in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services.

3. Intellectual property rights and specific regulation regarding data

3.1 General. Viking owns and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property rights), in and to the Services and the User Guide. Except as expressly set forth in the Terms, Supplier reserves all rights and grants Customer no licenses of any kind.

3.2 Feedback. If Customer provides Supplier with reports of defects in the Services or proposes or suggests any changes or modifications (collectively “Feedback”), Viking shall have the right to use and exploit such Feedback including, without limitation, the incorporation of such Feedback into Viking’s software products and/or services, without any obligation to Customer.

3.3 Ownership of data. Viking shall have the right to use and exploit any and all models strained on Customer Data, including, without limitation, the incorporation of such models into Viking’s software products and/or services, without any obligation to Customer. Subject to the aforementioned, and the limited rights granted to Viking and/or Supplier pursuant to the Terms, Viking and Supplier acquires no right, title or interest from Customer in or to Customer Data, including any intellectual property rights therein.

3.4 Responsibility for data. Customer is responsible for the accuracy, quality and legality of the Customer Data and of the means by which it has been acquired.

3.5 Access to Customer Data. Subject to the above, Viking and Supplier shall have the limited right to use the Customer Data which is necessary for Supplier to provide the Services in accordance with the Terms, or otherwise as required by law. If Customer installs or enables Non-Supplier Applications for use with the Services, Customer acknowledges that Viking and Supplier may allow providers of those Non-Supplier Applications to access Customer Data as required for the interoperation, and that Viking and Supplier shall not be responsible for any disclosure, modification or deletion of any data resulting from any such access.

3.6 Protection of Customer Data. Supplier shall maintain commercially reasonable safeguards for protection of Customer Data. Supplier shall not, except to the extent required to fulfill its obligations under the Terms or as otherwise permitted under the Terms, access, modify or disclose Customer Data. 

3.7 Personal Data. By using the Services, you acknowledge and agree that Supplier may collect, use, and process Personal Data as described in Supplier’s privacy policy, available at www.vikinganalytics.se. Supplier collects this information to provide, maintain, and improve the Services, as well as to communicate with you and ensure compliance with applicable laws.

Supplier is committed to protecting your Personal Data and has implemented appropriate technical and organizational measures to safeguard it against unauthorized access, disclosure, or misuse. Supplier complies with General Data Protection Regulation (GDPR), to ensure the security and confidentiality of your Personal Data.

You have certain rights regarding your Personal Data, including the right to access, correct, or delete your data, and the right to object to or restrict certain processing activities. To exercise these rights, please contact Supplier at info@vikinganalytics.se

Supplier will retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Once the Personal Data is no longer needed, Supplier will securely delete or anonymize it. For more detailed information on how Supplier handles Personal Data, please refer to Supplier’s privacy policy.

4. Disclaimer and limitation of liability

4.1 Disclaimer. The Services and the User Guide are provided “as is” and Supplier disclaims all warranties of any kind with respect to the Services and the User Guide, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, Supplier makes no warranty that the Services and the User Guide shall be uninterrupted, timely, secure or error-free.

4.2 Limitation of liability. Supplier shall not have any liability to Customer for any lost profits or costs of procurement of substitute goods or services, or for any incidental, punitive, indirect, special or consequential damages unless caused by gross negligence or wilful misconduct. 

Notwithstanding any other provision in the Terms, Supplier’s maximum cumulative aggregate liability for all claims, liabilities or obligations arising under or relating to the Terms and provision of the Services, regardless of the number of claims or the theory of liability, shall not exceed 30% of the actual contract value.

5. Choice of law and dispute resolution

5.1 Choice of law. The Terms shall be governed by the laws of Sweden without regard to its conflict of law principles. 

5.2 Dispute resolution. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

Seat and language. The seat of arbitration shall be Gothenburg, Sweden The language to be used in the arbitral proceedings shall be English.