1. User Agreement
1.1) This is a legal agreement between you (as an individual or as a single entity) and Aikey AB (“Aikey”, “we”, “us”, “our”), a swedish company with business identifier 559216-5103. Aikey’s software are together referred to as the “Service” or the “Product”.You should carefully read the following terms and conditions before using our Service. By using our Service or clicking a box indicating your acceptance or by executing an order form, a quote, a purchase order or similar order document that references this agreement indicates your acceptance and understanding of this agreement and all of its terms and conditions.
1.3) You may not assign, delegate or transfer this User Agreement or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Aikey’s prior written consent. We may transfer, assign, or delegate this User Agreement and our rights and obligations without consent.
2. Subscription Service
2.1) The Service is a cloud based service intended for use in online web shops. The Service achieves this by collecting and analyzing the web shops end user’s online behaviour and actions and makes it possible to calculate and automatically represent different types of intelligent product recommendations and other kind of product presentation, like product search and different kind of dynamic categorisation of products. Create, manage and optimize advertising campaigns on the web shop and offer other kinds of web shop automation. You can find a more comprehensive description of the Service and its features on our website www.aikey.io.
3. Member Account, Password, and Security
3.1) To register for the Service, you will be required to register and create an online account on www.aikey.io which will be used to manage your use of our Service. All information required during the set-up process of your account must be provided, and be complete and accurate in all respects. You are responsible to keep your login information confidential. You are solely responsible for any and all activity initialised through your Account. You agree to immediately notify Aikey of any unauthorised use of your Account. Aikey’s personnel might need to log in to the Service under your Account but with our admin account and access and use Client Data and other information in your Account in order to provide maintenance, support or improve the Service for you and your Clients.
4. Trial usage
4.1) In the event that you have accessed the Service for evaluation and trial purposes only, the terms of this paragraph shall apply in addition to all the other terms of this agreement. Your right to use the Service starts when you have signed up for aikey on our website or in any other way agreed to these terms, unless you and aikey agree to a different period, automatically terminates in fourteen 14 days (the “trial period”). Any service provided to you for evaluation purposes will automatically disable itself at the end of the trial period, as it employs a restriction mechanism which restricts the program to a limited period of time. You agree to not do anything to circumvent or defeat the restriction the restriction mechanism. Additional product functionality restrictions may apply during the evaluation period. Any client data collected and analysed by the Service, and any customisation made to your account during the evaluation period, will be permanently lost after 30 days unless you purchase a subscription to the same service as those covered during the evaluation period.
4.2) Only one trial per site or client is permitted. It is not allowed to keep signing up for a trial of the Service to avoid purchasing the product.
4.3) Notwithstanding any other provisions included in this agreement, during the trial period, the Service is provided “as is” without any warranty.
5. Your Implementation
5.1) You are solely responsible for your own Implementation of the Service and any data, text, links, information, image and/or any other material (“Content”) that you choose to display through the Service on your own website, app or other implementation.
5.2) You may not use the Service for any illegal or unauthorized purposes. You agree to comply with all applicable laws regarding your Online Store, including all applicable laws and regulations regarding data privacy and handling of personal data. You are responsible, where required, for informing your Online Store end users of our activities and obtaining your end users consent that in any way use any of our functionality for our storing and handling of the personal data collected through your implementation of the Service in accordance with this User Agreement.
5.3) We may, but have no obligation to, suspend or terminate your use of the Service if we deem in our sole discretion that the Content stored in our Service or if the content on your website, app or other implementation is unlawful, unethical, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates this User Agreement.
6.1) Using the Service and Additional Services from Aikey is subject to our price list, available through www.aikey.io/pricing.The price list might be changed from time to time. The available payment methods are described at www.aikey.io.
6.2) You will be responsible for paying and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service.
7.1) The Service is provided by Aikey “AS IS” and comes without any warranty of any kind. In the event of the Service not being available or there are errors detected in any functionality in the Service we will use every reasonable effort to remedy the event. Nor do we make any warranty as to the results that may be obtained from the Service or as to the accuracy or reliability of any information obtained through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service.
8. Liability Limitation
8.1) The Service and Additional Services is offered in good faith. The purchaser agrees to not hold Aikey AB liable for any loss of revenue, time, or other damages that might be incurred, directly or indirectly, through the use of The Service. In no event shall any liability exceed The fees and expenses paid by you to us hereunder during the three (3) months immediately prior to the date on which the cause of loss or damage giving rise to the claim arose.
9.1) You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this user agreement or the documents it incorporates by reference, your use of the Service (including any actions taken by a third party using your account), or your violation of any law or the rights of a third party. In the event of such a claim, suit, or action (“claim”), we will attempt to provide notice of the claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
10. Technical Support
10.1) We strive to offer free technical support, when limited to problems specifically associated with The Service, during the active subscription time. Such free support includes, but is not limited, to the following:
- Assisting with general questions regarding the Service.
- Fixing any bugs available in the Service that is an agreed upon bug by us.
10.2) Paid support normally includes, but is not limited, to the following:
- Tutoring users in the use of the Service as stated in the Service documentation.
- Implementation of the Service.
11. Term And Termination
11.1) If you are entering into an Order Form or other similar document with Aikey (“Agreement”), the applicable termination provisions are stipulated in that Agreement. If a specific Agreement is not referenced a party may terminate the Service at any time upon 30-day prior written notice to the other Party. Customer’s written termination notice shall be sent to firstname.lastname@example.org. Aikey’s written termination notice shall be sent to the email address you have provided upon registration.
11.2) Only in case of a material breach, the non-breaching party may terminate the Service with immediate effect by a written notice if the other party commits a material breach of the Agreement and fails to remedy the same within fourteen (14) days after receipt of a written demand from the non-breaching party to cure the breach.
11.3) Upon termination, all fees payable to Aikey until the end of the then-current Agreement term, if any, will become immediately due and payable, your right to use the Service ceases and we will remove your account.
12. Right To Use And Proprietary Rights
12.1) If you have a valid trial or a paid subscription with the agreed fees Aikey grants you a non-exclusive, non-transferable, revocable, non-sublicensable limited right to access and use the Service, in accordance with this User Agreement and the terms applicable to Additional Services.
12.2) You may not use or access the Service if you are our direct competitor or on the behalf of a direct competitor or as a representative of a direct competitor.
12.3) You may not use or access the Service if your intention at any time is to copy our code or functionalities, or republish the Service as your own, or break or hack the Service.
13.1) In the event a dispute arises between you and us, please email us at email@example.com, and we will work quickly towards a solution. If we are not able to solve such a dispute amicably in due course, such dispute, controversy or claim arising out of or relating to this User Agreement or the breach, termination or invalidity thereof shall be settled by a single arbitrator in accordance with the Arbitration Rules of the Swedish Chamber of Commerce. The arbitration shall be held in Sweden, and the arbitration proceedings shall be conducted in the English language. The existence and any material relating to arbitration proceedings shall be deemed confidential information. Notwithstanding the above, we may choose to submit any claim for unpaid fees or payments before the court of any competent jurisdiction. This User Agreement shall be subject to the laws of Sweden, excluding its choice of law provisions.
13.2) This Agreement, including all Quotes or similar order documents, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals representations written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no User Agreement stated in your purchase order or in any other order documentation of yours shall be incorporated into or form any part of this Agreement, and all such terms and conditions shall be null and void. This section shall not exclude the liability of a party for fraud or fraudulent misrepresentation or concealment or any resulting right to rescind this Agreement.
13.3) If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, consistent with the original intent of the parties, and the other provisions of this Agreement will remain in force.