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End user agreement and terms of use

End user agreement and terms of use
PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (THE “EULA&TU”) CAREFULLY BEFORE CLICKING “ACCEPT” AND INSTALLING THE TRUID BRANDED APPLICATION. IN CASE YOU ARE YOUNGER THAN 18 YEARS, YOUR PARENT OR OTHER LEGAL GUARDIAN MUST REGISTER YOUR ACCOUNT AND ACCEPT THE EULA&TU ON YOUR BEHALF. BY ACCEPTING THE EULA&TU AND USING THE APPLICATION, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE EULA&TU, AND THAT YOU ARE AGREEING EITHER ON YOUR OWN BEHALF, OR ON BEHALF OF ANOTHER INDIVIDUAL FOR WHOM YOU HAVE ACTUAL AUTHORITY TO LEGALLY BIND THAT INDIVIDUAL TO THE EULA&TU.

1. DEFINITIONS
“Agreement” means the EULA&TU including any other terms and conditions incorporated therein by reference. 

“App” means the digital service consisting of the application (including any updates, upgrades, bug fixes, or modified versions thereto as well as thereto related Documentation) provided from time to time by Truid that e.g., enables creation of a digital ID for strong authentication and identity verification. 

“App Description” means the description of the App, as communicated through the App or as published at https://www.truid.app/ from time to time.

“Device” means the tablet, mobile phone or other electronic device where End User has installed the App.

“Documentation” means the specification and user instructions in respect of the App, including without limitation, the App Description, user guidelines and Device requirements as published from time to time through the App or at https://www.truid.app/.

“End User” means you, i.e., the individual installing the App.

“End User Data” means the data registered in the App by End User (including any personal data) as well as any other information, or content otherwise provided by End User under this Agreement, e.g., in a support matter.

“IPR” means patents, trademarks, copyright, database rights, know-how, trade secrets and all rights or forms of protection of a similar nature or having equivalent or similar effect.

“Party/-ies” means End User and Truid respectively and jointly.

“Truid” means Truid AB.

2. GENERAL
2.1

‍The Agreement applies for Truid’s provision of and End User’s use of the App. 

2.2

Nothing in this Agreement shall be deemed to limit rights or impose obligations of End User to the extent not compliant with applicable mandatory consumer law.

3. PROVISION OF AND ACCESS TO THE APP
3.1

Subject to End User accepting the terms and conditions of the Agreement and providing any End User Data requested by Truid during the process of downloading the App, Truid will make the App immediately available to End User to be installed on and used from any Device that meets the requirements of compatibility listed in the Documentation. End User may install the App on multiple Devices.

3.2

Truid warrants that the App will conform in all material aspects to the Documentation if End User adheres to the therein listed Device requirements and updates the App as requested by Truid. Truid does not warrant that the App will be error-free or that the App will operate without interruption.

3.3

Truid will provide End User with access to the App via the Internet from the hosting facility Truid has chosen from time to time on a 24x7x365 basis excluding scheduled service windows.

3.4

Truid reserves the right to deny End User continued access to the App in case: (a) of unauthorized use of the App; or (b) End User otherwise is in breach of the Agreement.  

3.5

Truid may temporarily limit access to the App if continued provision of the App entails a security risk or other risk of damage to Truid or its customers. Truid will provide full access to the App as soon as the risk is eliminated.

3.6

Truid is not responsible for the reliability or continued availability of Internet or other communication lines, or the security configurations thereof, used by End User to access the App.

4. END USER RESPONSIBILITIES AND USAGE RESTRICTIONS
4.1

End User is responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other supplies or services not provided by Truid that are needed to install, access, or use the App.

4.2

End User must ensure that all End Customer Data is correct and that End Customer’s contact and verification details are continuously updated

4.3

End User shall comply with applicable laws; restrictions of use of the App and any codes of conduct communicated by Truid.

4.4

End User shall keep End Customer verification details confidential and secure from unauthorized access. In case End User suspects unauthorized access or use of the verification details, End User shall promptly notify Truid and take action to limit such unauthorized access and use.

4.5

If another person wants to utilize the App, he or she should download the App directly to his or her own device. Should End User provide access to the App to another person, such access is granted at End User’s own risk and End User is responsible towards Truid for acts and omissions by such other person.

4.6

The App may not be transferred to another person and should be uninstalled if End User sells or otherwise transfers the Device on which it is installed since the End User Data stored in or transmitted using the App is specific to End User.

4.7

End User may use the App only for its own private and non-commercial purposes and may not: (a) make it available to third parties; (b) install, access, or use the App on any Device which End User does not own, control, or have otherwise been granted legitimate access to; (c) decompile, reverse engineer, copy, or otherwise use the App except as expressly permitted by the Agreement or by applicable mandatory law; (d) use the App to store or transmit malicious code or unlawful content; (e) permit direct or indirect access to or use of the App in a way that circumvents a contractual usage limit; (f) remove any copyright, trademark or other proprietary rights notices associated with or visible via use of the App; or (g) conduct or participate in any activities on or via the App, which is likely to be prohibited by law or violates third party rights of any kind.

5. LICENSE GRANT
5.1

The IPR to the App always remains with Truid (or its licensors) and End User is granted a license thereto only to the extent set out in the Agreement.

5.2

Truid grants End User, at no cost, a non-exclusive, revocable, non-transferable, non-sublicensable, and limited license to install and use the App as further set out in the Agreement.

5.3

The App may include certain third party components as further set out in Section 9 below.

6. END USER DATA AND PROCESSING OF PERSONAL DATA
6.1

Truid does not claim ownership of the End User Data that is stored, transmitted, or submitted through the App. By disclosing the End User Data to Truid, End User grants Truid a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, and translate the End User Data for the purpose of providing the App to End User.

6.2

Truid may create, access, retain, use, or disclose to third party researchers aggregated, anonymized, de-identified (or pseudonymized to the extent permitted by applicable law) End User Data derived from the App for the purposes of research, to evaluate how the App is provided, to evaluate its use and its various components, to enhance the functionality of the App, to validate App upgrades, or for product development.

6.3

Truid act as a controller in relation to any personal data of End User as further set out in its privacy notice at https://www.truid.app/privacy-notice.

6.4

In the event of termination of the Agreement, Truid will refrain from using any content (other than personal data), which was provided or created by End User when using the App, except where such content: (i) has no utility outside the context of the App; (ii) only relates to End User’s activity when using the App; (iii) has been aggregated with other data by Truid and cannot be disaggregated or only with disproportionate effort; or (iv) has been generated jointly by End User and others, and other consumers are able to continue to make use of the content.

6.5

End User Data uploaded in or through the App by End User is stored by Truid during the term of the Agreement. Upon termination of the Agreement, any End User Data stored by Truid will be deleted by Truid unless otherwise set out in in its privacy notice at https://www.truid.app/privacy-notice.

7. CHANGES TO THE AGREEMENT OR THE APP
7.1

Truid reserves the right to change (a) the terms and conditions of the Agreement and (b) the features and functionality of the App at any time as clearly communicated by Truid from time to time through the App. If the change negatively impacts End User’s access to or use of the App (other than in a minor way), Truid will inform End User reasonably in advance on a durable medium of the features and time of change and of End User’s right to terminate the Agreement.

7.2

Should End User not accept the changed Agreement or the altered version of the App, End User may terminate the Agreement as further set out in Section 12.3. Truid may choose not to communicate such change to the extent Truid alters the App only to ensure compliance with the App Description and mandatory applicable law, e.g., in case of updates.

7.3

Truid will provide updates and otherwise altered versions of the App free of charge. Continued use of an older version of the App may be possible but Truid will not be responsible for any defects in or failure of the App in such case.

8. SUPPORT AND MAINTENANCE
8.1

Truid provides limited end user support and maintenance of the App as set out in the App Description.

8.2

End User acknowledges that End User temporarily may not be able to access the App or part thereof during maintenance windows as communicated by Truid. 

8.3

Truid may freely use any feedback, questions, suggestions, or other similar content provided by End User in a support matter (subject to the restrictions in Section 6.4).

9. THIRD PARTY PRODUCTS AND COMPONENTS
9.1

End User acknowledges that the App may be used in connection with products and services provided by third parties and not by Truid, including the Device. Truid has no responsibility for such third party products and services.

9.2

The App may include open source software, as well as other third party components as communicated by Truid from time to time, in which case such terms and conditions shall take priority over the Agreement in relation to the third party component.

10. LIABILITY AND LIMITATION OF LIABILITY
10.1

Truid is responsible for the security and functionality of the App during the term of the Agreement. In case of defects in or failure of the App, End User may request that Truid remedy such defect/failure or redeliver the App in accordance with applicable consumer law.

10.2

Truid is not responsible for loss or damage referable to (i) End User providing unlawful, incorrect, or inadequate End User Data, or (ii) End User’s wrongful use of the App unless such failure by End User is due to shortcomings in Truid’s instructions.

10.3

Truid’s liability towards End User for any loss or damage referable to the App is limited to the maximum extent permitted by applicable law, e.g.,

10.4

End User must file claims of compensation due to defects in or failure of the App within two (2) months from expiry of the Agreement. Contact details are set out in Section 14.

11. FORCE MAJEURE
11.1

Neither Party shall be in default or otherwise liable for any delay in or failure of its performance due to any unforeseeable and unavoidable cause affecting the performance by a Party of its obligations arising from events, acts, or omissions beyond its control, including war, war-like actions, civil commotions, pandemics, epidemics, quarantine restrictions, riots, and revolutions. If and to the extent any force majeure event has prevented or is reasonably expected to substantially prevent a Party from its undertakings for a period of more than ten (10) calendar days, Truid may terminate the Agreement

12. TERM AND TERMINATION
12.1

The Agreement is concluded and applies from the date End User accepts this Agreement during the process of downloading the App until terminated by either Party as set out below.

12.2

Truid may terminate the Agreement and disable access to the App (a) at any time without cause by providing at least thirty (30) days prior written notice to End User and (b) with immediate effect by written notice in case End User is in breach of the Agreement, applicable law, authority decision, or Truid’s instructions.

12.3

End User may terminate the Agreement at any time with immediate effect by deleting his/her user account and uninstalling the App. End User must uninstall the App at each Device.

13. WITHDRAWAL
13.1

End Customer may withdraw from the Agreement at any time simply by terminating the Agreement as set out in Section 12.3.

13.2

In addition to withdrawing from the Agreement as set out above, it is possible to withdraw from the Agreement in accordance with the withdrawal process regulated by applicable mandatory consumer law. End User may withdraw from the Agreement within fourteen (14) days from conclusion of the Agreement without giving any reason according to applicable consumer protection law. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the Agreement. To exercise the right of withdrawal, End User must inform Truid of its decision to withdraw from this Agreement by an unequivocal statement (e.g., a letter sent by post, or e-mail). End User may use the attached model withdrawal form provided by Konsumentverket or, as recommended, Truid’s own withdrawal form at www.truid.app. but iIt is not obligatory to use any of the withdrawal forms to meet the withdrawal deadline, it is sufficient for End User to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired

14. CONTACT AND COMMUNICATION
14.1

Any information to be provided by Truid under the Agreement will be communicated to End User through the App.

14.2

Any notice from End User to Truid shall be sent via the communication tool provided through the App, or by use of the contact details below: 

Truid AB
Org. no. 559299-7216
Regeringsgatan 48
111 56 Stockholm

+46707752377
E-mail: info@truid.app
SE 559299721601

15. MISCELLANEOUS
15.1

Truid may assign the Agreement in whole or in part to any third party by written notice to End User.

15.2

Truid may use subcontractors to perform its obligations under the Agreement, in which case Truid is responsible towards End User for the acts and omissions of the subcontractor.

15.3

If any provision of the Agreement is held to be enforceable, the other provisions of the Agreement shall remain in full force and effect.

16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1

The Agreement is subject to the substantive laws of Sweden. In case of any dispute between the Parties referring to this Agreement the Parties shall try to solve the dispute amicably.

16.2

End User resident within the EU/EEA is entitled to use alternative dispute resolution to file claims in relation to Truid. End User may use the European online dispute resolution platform (“ODR”) available at https://ec.europa.eu/consumers/odr In case End User files a complaint via ODR, the matter will be automatically referred to the correct national dispute resolution authority who will contact Truid to solve the dispute outside court.

16.3

The Swedish National Board for Consumer Disputes (“ARN”) is a competent authority for alternative dispute resolution subject to Directive 2013/11 EU on alternative dispute resolution in consumer disputes. End User may file a complaint directly with ARN at:

www.arn.se 
ARN, Box 174, 101 23 Stockholm

Truid End User License Agreement and Terms of Use / May 2022