STOREGATE AB – GENERAL CONDITIONS OF STORAGE SERVICE

  1. GENERAL

The following general conditions constitute a legally binding agreement (the “User Agreement”) between the Customer and Storegate AB (“Storegate”) regarding Storegate’s supply of private storage capacity on hard disk (including the Software) via the Internet (the “Service”). If the Customer is a private individual, the User Agreement is only valid if entered into by a Customer who is at least 18 years old on the day of entering into the User Agreement. If the Customer is a legal entity, the User Agreement is valid only if entered into by an authorized representative of such Customer.

A Customer that enter into the User Agreement in its capacity as a private individual is entitled to, in accordance with the Swedish Distance and Door-to-Door Sales Act (Sw: Distans- och hemförsäljningslagen 2005:59), cancel a subscription for the Service as well as a subscription for complementary services or upgrading within the scope of the Service, within two weeks after the date of the subscription. In the event the Customer intends to use its right to cancel a subscription, the Customer shall contact Storegate’s customer service for processing of the cancellation. A Customer who is not a consumer is not entitled to cancel a subscription.

  1. SCOPE OF THE SERVICE

The Service consists of the services, the systems, the information and the products (including the Software) which appear, from time to time, in the description of the Service on Storegate’s web site www.storegate.se. Storegate undertakes, in accordance with the User Agreement and in the manner described, from time to time, on Storegate’s web site, to give the Customer access to the Service on the servers provided by Storegate and to ensure that such servers are connected to the Internet. The Customer is aware and accepts that the Customers usage of the Service requires the Customer to have access to an Internet connection. The Customer must itself provide, pay for and sustain such Internet connection.

Storegate and its personnel has no direct or immediate access to the information stored by the Customer through the Service and does not exercise any supervision of the information stored by the Customer.

Storegate undertakes to take reasonable steps to ensure that the Service is accessible via the Internet 24 hours a day. However, Storegate reserves the right to, at its own discretion and when it deems necessary due to technical-, operational-, maintenance- or security reasons, take measures which may affect the accessibility of the Service. Storegate shall, if possible, in due time notify the Customer of any scheduled interruptions of the Service. However, the Customer is aware that the Service, wholly or party, may be closed down with immediate effect if Storegate deems necessary for security or other reasons. Storegate reserves the right to change, add or remove functions in the Service and to unilaterally change, make additions, and in other ways amend the terms of this User Agreement at any time. Storegate shall notify the Customer, via the Service, at Storegate’s web site or by email to an email address submitted by the Customer, of such amendments of the terms of the User Agreement and/or such material changes of the Service that Storegate makes. In case the Customer does not accept such material change of the Service or of the terms of the User Agreement, the Customer shall, within thirty (30) days from receipt of Storegate’s notification of the changes, terminate the User Agreement with immediate effect. A Customer that has not terminated the User Agreement at the latest thirty (30) days from the date when Storegate notified the Customer of the changes, shall be deemed to have accepted such changes.

Storegate is liable for ensuring that information sent from Storegate’s system to the Customer is in the same form as when the Customer stored the information on Storegate’s server. However, Storegate is not liable for any disruptions or misrepresentations of the information which occur during the transfer via the Internet.

The Service does not protect against viruses or other harmful code and the Customer is aware that all opening of files is made at the Customer’s own risk. Storegate does not guarantee the availability of the Service and does not guarantee that the Service is free from defects.

The Customer is fully aware, and accepts, that the client software available in purpose of automatic backup of digital content are not intended for archiving. This means; if files/folders included in the customer´s backup set on the local drive are deleted by the customer from the local drive, those files/folders will also be deleted from the service. This is configured during installation or later under settings in the software. If possibility of archiving is missing in the software, the customer is responsible for also having a local copy of the files stored at Storegate servers, so called mirroring.

The service may include features offered through third-party providers. Storegate is not responsible for these functions, but the user is responsible for any specific terms with regard to these suppliers.

If any part of the Software is offered with an open source license, this license is made available to you and the terms of that license may expressly violate some of the terms of this agreement.

  1. REGISTRATION AND PROCESSING OF CUSTOMER INFORMATION

Each Customer is entitled to register only one account for the Service. Upon registration, the Customer shall submit the personal and address details requested in the registration form including inter alia name, personal/corporate identification number, postal address and e-mail address (the “Registration Data”) and keep Storegate informed of any changes in such Registration Data during the term of the agreement. A Customer who is a legal entity shall also submit information about the contact person(s) who shall have access to the Service on behalf of the legal entity. If the Customer submits inaccurate, incomplete or outdated Registration Data, Storegate is entitled to terminate the User Agreement with the Customer with immediate effect and to concurrently cancel or terminate the Customer’s access to the Service.

Storegate collects and processes the personal data about the Customer or the Customer’s contact person(s) that is submitted with the registration form (the “Personal Data”) in order to supply and administrate the Service and to fulfill its obligations under the User Agreement. To the extent necessary for Storegate’s supply of the Service, Storegate may transfer the Personal Data to service providers and partners. Storegate and/or Storegate’s partners are entitled to handle the Personal Data for marketing, campaigns, offers and new products or services that are offered within the scope of the Service by Storegate or Storegate’s partners. The Customer or the Customer’s contact persons are entitled to access the Personal Data that Storegate has registered about them, and may at any time demand Storegate to correct or erase erroneous or incomplete Personal Data. In addition to this, the Customer may itself correct its personal data, by logging into its account for the Service at Storegate’s web site. By accepting this User Agreement, the Customer consents to Storegate’s processing of Personal Data in accordance with this Section 3.

Storegate is not entitled to submit customer information to anyone other than the partners who, together with Storegate, provide products and/or services within the scope of the Service.

  1. THE CUSTOMER’S HANDLING OF THE SERVICE AND THE STORED INFORMATION

The Customer is itself responsible and shall bear all costs for the Customer’s access to such equipment that is required to access and use the Service at its full capacity, including to but not limited to Internet access and telephone-, data-, hardware- and software equipment.

The Customer is solely and exclusively responsible for all information that the Customer submits, processes or handles by means of the Service and for all information that the Customer stores on Storegate’s servers (the “Contents”).

The Customer may use the Service only in accordance with the User Agreement and Storegate’s from time to time applicable instructions. The Customer is not entitled to use the Service in any way that may overload, disturb, harm, inactivate or impair the Service, or use the Service in any way that may lead to transfer, distribution or uploading of software or material containing harmful code, such as virus, timebombs, cancelbots, worms, Trojan horses, espionage software or other potentially harmful software, material or information.

The Customer undertakes not to use the Service for the purposes of uploading, posting, emailing or in any other way processing or forwarding information in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of the personal data act) or that may in any other way be conceived as threatening, insulting, racist, harrassive, offensive, vulgar and/or indecent or which involves infringement of someone’s personal sphere. The Customer is also obligated not to use Storegate’s trademarks or distinctive marks in any way other than has been explicitly consented to by Storegate.

The Customer is not entitled to use information in the Service or storage space on Storegate’s servers for any other purpose than using the Service in accordance with this User Agreement. The Customer shall not for commercial purposes reproduce, multiply, produce versions of, sell, resell or exploit any part of the Service, usage of the Service, or access to the Service without prior agreement to this effect with Storegate. The Customer may neither use the Service as part of automatized processes for other software applications or in connection with bulk emailing of information or as support for publicly available file sharing services.

By agreeing to this User Agreement the Customer consents to Storegate’s processing and storing of the Registration Data and the Contents, and to disclosing Registration Data or Contents if Storegate is obliged to do so by law, or if Storegate at its own discretion considers it necessary to (a) comply with a legal obligation; (b) uphold the User Agreement; (c) respond to statements that Contents and/or Registration Data constitute an infringement of a third party right or in any other way is in contravention with law; or (d) protect Storegate’s, its users or the publics’ interests, rights, property or personal safety.

The Customer is aware that Storegate’s providing of the Service and storing the Contents and Registration Data may involve (a) transfer through different networks; and (b) amendments to adjust and process the Contents in accordance with technical requirements for connecting networks or appliances.

  1. SOFTWARE LICENSE

Storegate grants the Customer a non-exclusive, non-transferable, world wide and revocable license to install and use any software included in the Service, including connecting media and specifications, and instructions for handling of such software (collectively the “Software”). Storegate reserves the right to change or replace the software during the term of this agreement. All intellectual property rights to the Software are held by Storegate or its licensors. The Customer has no right whatsoever to the Software, except for what is explicitly stated in this User Agreement.

The Software may only be copied by the Customer to the extent that is explicitly consented to in writing by Storegate. The Customer may not under any circumstances entirely or partly decompose, connect together in network, process, change, reverse engineer, copy, make additions or create derived items or productions from the Software in addition to what is explicitly stated in this User Agreement. The Customer also undertakes to ensure that no third party is admitted to examine the Software without Storegate’s written consent. At the termination of the User Agreement the Software shall be uninstalled by the Customer.

In connection with a notice of defect or support issues regarding the Software, Storegate shall be entitled to collect information regarding the Customer’s computer, hardware, operating system, program etc., and to obtain such other information or data which may be required in handling the notice of defect or support issue. The Customer hereby agrees that Storegate may collect information in accordance with the above. Storegate is not entitled to use information regarding the Customer, which has been obtained according to the above, for other purposes than handling the notice of defect or support issue. Storegate is obliged to treat such obtained information confidentially. Storegate does not in any way guarantee that the Software is adequate to the Customer’s needs or that the Software can be used without disruptions or defects.

  1. PASSWORD ETC

The Customer shall ensure that the user account(s) and the password(s) which the Customer receives for its use of the Service are stored in a satisfactory manner and protected from being used by any third party. The Customer is responsible for any and all unauthorized use of the Customer’s user account and password until the Customer has requested and Storegate has blocked the access to the Service for a specific user identity. Storegate is entitled to, by the use of its own staff or by the use of subcontractors, control the Customer usage of the Service and its user accounts and passwords, in accordance with this User Agreement.

  1. CUSTOMER SUPPORT

Customer support is only made available to Customers that have subscribed for the payable version of the Service and is not included in free versions of the Service. A Customer that uses a free version of the Service is referred to Storegate’s web site, www.storegate.se for further information regarding customer support.

  1. CONDITIONS OF PAYMENT

A Customer that has subscribed for the payment version of the Service shall pay Storegate according to the price plan specifically agreed between the Customer and Storegate and otherwise in accordance with Storegate’s from time to time applicable price lists for the Service which is published on Storegate’s web site. Obligation to pay for the Service arises when the Customer creates an account for the payment version of the Service with Storegate. Storegate reserves the right to at any time unilaterally change the prices for the Service. Such changes shall be applicable to all payment periods that are entered into after Storegate has published the new price list on its web site or in another manner informed the Customer of the change of prices.

All fees shall be paid in advance, unless otherwise is specified. In cases where a service is invoiced after consumption, post-invoicing / crediting may occur.

In connection with the Customer creating an account for a payment version of the Service with Storegate, the Customer shall choose payment period for the Service (quarterly or annually) and if the Customer wants to pay by invoice or by credit card. Storegate charges 25 SEK in handling fee for all payments made by invoice. No fee is charged when payment is made by credit card. The Customer may at any time change its method of payment when the Customer is logged into its account for the Service. A Customer that chooses payment by credit card, thereby consents to Storegate’s withdrawing money from the submitted credit card, in accordance with the payment period chosen by the Customer. The Customer receives a receipt for the payment which is stored on the Customer’s account for the Service. A Customer that chooses payment by invoice, thereby consents to Storegate invoicing the Customer for the Service by the chosen payment method and for all payment services the Customer chooses to register or uses within the Scope of the Service during the term of the agreement.

If the Customer has not made payments in accordance with its invoice, alternatively has insufficient funds at the submitted credit card, Storegate is entitled to cancel, wholly or partly, the Service, until the Customer has paid in full. If the Customer does not pay, despite a reminder from Storegate, Storegate is entitled to immediately terminate the Customer’s User Agreement. Upon delayed payment, Storegate is further entitled to compensation for reminder letter, recovery, enforced collection and entitled to statutory interest rate.
Payments made are binding and will not be refunded to Customer in connection with the termination of theUser Agreement or in connection with downgrading/deactivation, regardless of the cause of the termination of the User Agreement or when such termination occurs.

  1. CONFIDENTIALITY AND COMPUTER SAFETY

Each party undertakes not to disclose or make available to any third party any information which it has obtained by the other party within the scope of the User Agreement. The confidentiality undertaking does not apply to such information that a party can prove has come to the party’s knowledge otherwise than within the scope of the User Agreement or which is in the public domain. The confidentiality undertaking does not apply to such information which is required to be disclosed by law. The confidentiality undertaking shall remain in force upon the termination of the User Agreement. The Customer shall at all times when using the Service abide by Storegate’s from time to time applicable provisions regarding computer safety.

  1. CLAIMS RELATED TO THE USE OF THE SERVICE

If claims are 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 any harm, loss or damage that is inflicted upon Storegate because of such claim (including but not limited to costs connected with settlement or judgment). The undertaking is valid only if the Customer, within a reasonable time from the claims have been made, is informed in written by Storegate of the claims or of the fact that actions have been brought against Storegate. It further requires that the Customer is given the opportunity to approve of any settlement or similar undertaking.

  1. LIMITATION OF LIABILITY

Storegate shall not be liable for any direct, indirect or consequential damage, on persons or property, economic loss or loss of data which are caused to the Customer or a third party due to the Service or the Customer’s use of the Service. Storegate shall not be liable for any unauthorized access to data or deficient data secrecy in connection with the transfer of information via the Internet when using the Service.

Storegate’s liability shall be limited to the above stated except in case of intent. Storegate’s liability under the User Agreement shall under all circumstances always be limited to a sum corresponding to the annual fee paid by the Customer for the Service according to this User Agreement. However, such liability shall never exceed SEK 10 000. Claims in excess of this sum cannot be made against Storegate by the Customer. This limitation shall apply even if other guarantees or remedies under this User Agreement fails to fulfill their purposes.

  1. TERM AND TERMINATION

This User Agreement enters into force on the day of the Customer’s subscription for the Service through registration on Storegate’s website and shall remain in force until terminated. Either party may terminate the User Agreement at the end of the then current payment period, provided that notice of termination is given at least thirty (30) days prior to the end of such payment period. The same period of notice of termination applies to Customers that wish to downgrade the size of the account or disable active payable services within the scope of the Service. If notice of termination of the User Agreement has not been given at least thirty (30) days prior to the end of the current payment period, the User Agreement shall automatically be renewed for an additional period of time, corresponding to the term of the previous payment period, with thirty (30) days notice period.

The Customer can give notice of termination of the User Agreement through its account for the Service or by sending a written notice of termination to Storegate. Written notice of termination which is not sent through the Customer’s account for the Service, shall be supplemented with a copy of the Customers valid piece of identification or, if the Customer is a legal entity, a copy of a valid registration certificate of the legal entity.

Upon termination of the User Agreement, the Customer will have access to the Service for the remainder of the term paid for by the Customer. The Customer is responsible for clearing its account prior to the end of the term of the User Agreement. If the Customer does not clear its account within the above time, Storegate will store the remaining files for two (2) months in the event the Customer wishes to re-activate its account. After this period, Storegate is entitled to erase the remaining files. Should the Customer seek Storegate’s assistance to transfer information, Storegate is entitled to remuneration in accordance with Storegate’s from time to time applicable price list relating to consultancy services for such assistance.

Storegate retains the right to immediately terminate the User Agreement and/or close down, wholly or partly, the Service (including immediately clearing the storage space) for any Customer that uses the Service in breach of this User Agreement or Storegate’s instructions, uses the Service to store and/or transfer unreasonably large quantities of data or for unreasonably long data sessions compared to the average usage of the Service, or for Customers that Storegate otherwise considers risk to seriously disrupt the usage of Storegate’s systems or that obviously abuse the Service.

The Customer accepts that Storegate is entitled to terminate the User Agreement and clear the storage space from Customers of the free version of the Service that have been inactive for a longer period than one (1) month. In the event Storegate intends to terminate the User Agreement due to inactivity, Storegate shall send an email notification thereof to the Customer’s email address. The Customer may then re-activate the Service to be entitled to keep the Service on the same terms as were previously applied. In the event the Customer has re-activated the Service within one (1) month from receipt of Storegate’s notification of termination, Storegate shall be entitled to terminate the Customer’s account and clear the storage space.

In addition, Storegate entitled to terminate the User Agreement with immediate effect if the Customer is declared bankrupt, suspends its payments, enters into liquidation or is otherwise deemed insolvent.

Upon Storegate’s termination of the User Agreement for Customer’s breach of contract, Storegate retains the right to request compensation from Customer for all damage caused by the Customer’s breach of contract.

  1. FORCE MAJEURE

A party is not liable for non-performance of a certain contractual duty in accordance with the User Agreement if the non-performance is due to a circumstance which is stated below (a “relieving circumstance”) and if the circumstance prevents or significantly complicates the performance under the User Agreement in due time and the circumstance has been beyond such party’s control. Such relieving circumstance is inter alia an act or an omission of a public authority, new or amended legislation, general labor disturbance, boycott, damage or destruction by lightning, fire, flood, lack of supply regarding transportation, goods or energy, or fault or delay of delivery of goods or services by a supplier on the same relieving circumstance that is stated above and disturbances in the general data- or telecommunication network.

  1. MISCELLANEOUS

This User Agreement comprises the entire agreement between the parties regarding the Customer’s use of the Service. Except for Storegate’s right to change, make additions and in other ways amend the terms of this User Agreement according to Section 2 above, all potential additions or amendments to this agreement shall be made in writing and be duly signed by both parties.

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

Storegate is entitled to employ subcontractors to perform its obligations pursuant to this User Agreement. Storegate is liable for its subcontractors.

This User Agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of or in connection with this User Agreement shall be settled by the courts of law of Sweden, with the district court of Blekinge (swe: Blekinge tingsrätt) being the court of first instance.

Notices to the Customer will be sent to the email address the Customer has submitted in the User Agreement. Notices from the Customer to Storegate may be sent via the headline “Contact” on Storegate’s web site. Notices shall be deemed to have been received by Storegate when Storegate confirms receipt by a personal reference (not by auto reply).