TERMS OF USE


This document (“Terms of Use”) is a legal agreement between you (“you” or “the End User”) and Eliq AB (henceforth “Eliq”), a Swedish corporation, org. no. 556763-2699, and governs your use of the Service, defined below.

The Service is a solution which collects, analyses and presents several types of data, such as energy usage, climate and other sensor data.

Please note that by downloading and/or using the Service you agree to abide by these terms of use and a legally binding agreement is created between Eliq and you. Eliq owns all intellectual property rights in and to the Service and permits you to use the Service only in accordance with these terms. Your use of the Service constitutes your acceptance of the Terms of Use. If you do not agree to the Terms of Use, please do not use the Service. To register an account for the Service you must be 18 years or older or have parental permission.

1. Registration

You acknowledge and agree that you will provide true, accurate, current, and complete information as requested when registering an account and maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Service and you hereby accept sole responsibility for all activities that occur under your account or password. Eliq reserves the right to refuse service, terminate accounts in their sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete. For information regarding how Eliq handles the information you transmit to Eliq through the Service please see the Privacy Policy at the following link, The Privacy Policy. Please note that your use of the Service also constitutes your acceptance of the Privacy Policy.

2. License

Upon establishing a valid account and continued compliance with these Terms of Use, Eliq grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

As part of the license you agree to indemnify and hold harmless Eliq and their affiliates and partners from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) that may arise from your use of the Service.

3. Rules for comments and forum postings

As a user of the Service, you will be able to make posts and comments in a forum. The forum is e.g. intended for you to be able to share your ideas and thoughts on how energy consumption can be minimized or reduced, but also to be inspired by others.

You are solely responsible for any texts and/or other material that you upload, meaning that you can be held responsible at court for the contents in your texts and/or other material. It is not permitted to violate regulations on the forum. Copying, use and illegal distribution of copyrighted materials is prohibited. Any dissemination and facilitation of the spread of pirated material or suspected pirated material is prohibited.

It is not permitted to post or otherwise transmit information that constitutes incitement to racial hatred, defamation, child pornography, unlawful depiction of violence, incitement to crime or is otherwise contrary to law or is offensive, inappropriate, offensive, vulgar, obscene or indecent. It is also forbidden to post links to sites with such content.

It is not permitted to use the forum for marketing, advertising or exposure of your own or other people’s products or services.

Tended language shall be used, i.e. profanity, sexual words or other offensive language will not be tolerated.

When creating a thread, the title should clearly describe the topic of the thread.It is not permitted to act in someone else’s name or to pretend to be someone else in the forum.

Eliq reviews the content of the forum often and on a regularly basis. Eliq reserves the right, in its own discretion to immediately delete posts and ban users from using the Service unless these rules are observed.

Also, if you post material that is unlawful, infringes third party rights or that Eliq finds objectionable or questionable, Eliq may contact relevant authorities.

4. Users hints and tips

Tips and advice that are posted in the forum by users of the Service have not been examined or tested by Eliq. If you follow such advice or hints you do so at your own risk.

5. End User Information

Through your usage of the Service, information related to your energy and electricity usage is collected (“End User Information”). You are the owner of End User Information, however you give Eliq a non-exclusive, global, assignable, sub-licensable, royalty-free, perpetual and irrevocable license to use such information for its own purposes, e.g. for improving the Service and its technical functionality. Eliq shall also have the right to assign and/or sell End User information to another entity, e.g. power companies and power industry associations, provided that such entity has a fair and legitimate interest thereto. Eliq undertakes in all situations to handle End User Information with care and in your best interest, i.e. prerequisite for any usage or handling of End User Information is the creation of benefits on your behalf.

6. Warranties and limitation of liability

The Service delivered is “as is” and use of the Service is at your own risk. Eliq is not responsible under any circumstances for any direct or indirect damage, cost, loss or liability which may arise as a result of the use of the Service.

Eliq make no warranties, implied or expressed, regarding the Service or features that are provided through the Service. Eliq does not give any warranties in respect of the fitness for a particular purpose, availability, accuracy of, and/or any results that may be achieved by the Service. Eliq does not give any guarantees that the Service is without fault or work without interference.

7. Intellectual Property Rights

Eliq owns all intellectual property rights associated with the Service including, but not limited to, patents, copyright and design rights. All trademarks, logos, icons, images, design, interface, texts and other materials in the Service are owned by Eliq. Use, duplication or reproduction is prohibited without Eliq’s written approval.Comments and suggestions from you of possible improvements of the Service accrue to Eliq without Eliq having any obligation to compensate you or your business.

8. Entire Agreement

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Eliq may assign its rights under the Terms of Use without notice to you.

9. Termination

Eliq has the right at its own sole discretion to terminate this agreement and suspend you from using the Service with immediate effect, without any liability of Eliq, if you violate the terms of this agreement. In the event of any termination hereunder, sections 5, 6, 7, 12 and 13 of this agreement shall survive.

10. Severability

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

11. Modification

Eliq reserves the right, at its sole discretion, to update or revise these Terms of Use at any time, e.g. by introducing the possibility of paid for Premium Accounts. Eliq will post such changes in the Service on its website or by email and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued use of the Service constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Eliq as permitted above.

12. Law and Jurisdiction

These Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree that the District Court of Gothenburg shall be used as first instance for any cause of action arising out of or relating to Service or the Terms of Use.