Evercate AB, reg. no. 559060-0754 ("Evercate", "we", "us", "our") has developed and provides subscriptions to an interactive e-learning platform (the "Platform"), the website evercate.com (the "Site"), as well as thereto related services (the Platform, Site and thereto related services are jointly referred to as the "Services"). The available subscriptions for using the Platform are outlined on the Site ("Subscriptions"). Subscriptions generally run on a monthly basis from the date of registration ("Subscription Period") and until further notice.
For the purpose of these Terms and Conditions, the terms "you", "your" and "Client" refer to the entity and/or individual registering an account with us and/or accessing or using the Services (or parts thereof).
By registering an account with us (an "Account") and/or accessing or using the Services (or parts thereof) and/or by at any time clicking "I AGREE" or similar buttons, links or any click-through that signifies your approval of these Terms and Conditions, you acknowledge and confirm your full acceptance of these Terms and Conditions and that you understand the rights, obligations, terms and conditions set forth herein.
If you do not fully understand, agree and comply with these Terms and Conditions, or if you are unable to enter into legally binding contracts (for example, if you are under the age of 18), you may not access or use the Platform (or parts thereof), the Site or any of the Services.
Access, Use and Subscriptions
By subscribing to the Services, you are given access to the Services as described in the Subscription of your choice.
To be able to access and use the Platform or the Services, you must register an Account and provide the registration information requested by Evercate. By registering, accessing and/or using an Account, you agree and warrant to provide and maintain valid, true, correct and complete information to Evercate.
Certain use of and access to the Platform, the Site and/or the Services requires the use of an Account, username and password. You are solely responsible for all use of the Platform, the Site and the Services through your Account, username or password. If your username or password gets lost or stolen or if you become aware of any known or suspected unauthorized use of your Account, username or password, you are required to immediately notify Evercate and to change your password. You are solely responsible for all use and transactions through your username and password, until such notification is made to Evercate. If you give out, disclose or lose your username or password, Evercate is not liable for any damage or loss arising therefrom.
At all times and at Evercate's sole and absolute discretion, Evercate reserves the right to deny access to the Platform (or parts thereof), the Site and/or any of the Services.
You hereby acknowledge and agree that you will not breach or circumvent any laws or third party rights; interfere with or try to manipulate any function in the Platform, Site or Services; post any false, unlawful, inaccurate, misleading, defamatory or libelous content; distribute or post spam or unsolicited electronic communications; distribute viruses, use any robot, scraper, spider or any other unauthorized automatic means to access the Platform, Site or Services for any reason; collect information about other users without their consent; or bypass, circumvent or interfere with any technical measures used by Evercate or its suppliers to provide the Platform, Site or Services.
If you (in Evercate's view) act in breach of these Terms and Conditions or otherwise abuse the Platform, usernames, passwords, the Site and/or any of the Services, Evercate reserves the right to (i) limit, suspend and deny your access to the Platform, Site and Services; (ii) remove your User Submitted Content; (iii) remove any special status associated with your Account; (iv) take technical and/or legal steps to prevent further use of the Platform, Site and Services; (v) terminate your user account; and (vi) terminate your Subscription with immediate effect. If Evercate limits, suspends or deny your access to the Platform, Site or Services, remove User Submitted Content, remove any special status associated with your Account, take technical and/or legal steps to prevent further use of the Platform, Site and Services, or terminates your Account or Subscription with reference to this Section 2.6, you acknowledge and agree that Evercate shall have no liability or responsibility to you and will not refund any paid amounts.
Price and Payment
Unless otherwise expressly agreed in writing, the price for your Subscription is published on the Site (the "Subscription Fee").
By signing up for a Subscription, you agree that Evercate is entitled to charge a monthly Subscription Fee, and any applicable taxes and government fees that may be imposed on your Subscription Fee, via the payment method you have chosen for your Account.
Evercate has the right, but not the obligation, to automatically renew your Subscription for an additional Subscription Period at the end of each Subscription Period (the "Renewal Date"). You hereby acknowledge and agree that Evercate may charge the payment method you have chosen for your Account with the applicable Subscription Fee and any applicable taxes and government fees that may be imposed on your Subscription Fee, unless you terminate the Subscription prior to the Renewal Date.
Invoices shall be paid within thirty (30) days of the invoice date. In the event that you at any time would fail to make a payment in full on the due date, we shall be entitled to claim interest on the amount overdue until payment is made at a rate of fifteen percent (15 %) per annum, or, if such amount is prohibited under applicable law, the maximum rate permissible under applicable law.
Evercate may temporarily suspend your access to the Platform, Site or Services, if the Subscription Fee cannot be charged. Thus, for example, Evercate may temporary suspend your access to the Platform if you have an insufficient balance on your debit or credit card. When the Subscription Fee has been paid, you will have renewed access to the Platform, Site or Services. For the avoidance of doubt, the renewed Subscription Period will be calculated from the date upon which the Subscription Fee should have been paid.
Unless otherwise is expressly stated, all prices and other amounts listed in these Terms and Conditions, on the Site or otherwise are exclusive of VAT or other applicable taxes and government fees, and you are liable for paying any and all such applicable taxes and fees.
We reserve the right to change the prices on future Subscriptions and Subscription Periods by giving notice to the email address provided by you within thirty (30) days before such change take effect. By continuing to access and/or use the Platform, Site or Services after such changes have entered into effect, you accept and agree to be bound by the changes made.
User Submitted Content
Certain use of the Services may require that you post, upload or otherwise submit content to the Platform, Site or Services, including, but not limited to, educational content, presentations, posts, text, videos, images, pictures, audio and designs (hereinafter collectively referred to as the "User Submitted Content"). Evercate has the unlimited right to delete and remove any and all User Submitted Content that, in Evercate's view, is in breach of the Terms and Conditions and/or applicable laws, rules or guidelines.
By posting, uploading, collecting, reproducing, publishing or otherwise submitting User Submitted Content to us, you represent and warrant that you have the right to post, upload, collect, reproduce, publish and submit such User Submitted Content and that such User Submitted Content (or any part thereof), including the use by us as contemplated by these Terms and Conditions, does not violate any agreement, applicable law or third party right, including intellectual property rights, right of privacy and/or applicable data protection legislation. Moreover, you agree to indemnify and hold us harmless from any third party claim arising from or relating to our use of User Submitted Content as contemplated by these Terms and Conditions. Evercate reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Submitted Content available.
By posting, uploading, collecting, reproducing, publishing or otherwise submitting User Submitted Content to us, you grant us a non-exclusive, transferable, sub-licensable, fully paid license to use the Content (and any part thereof) in the way contemplated by these Terms and Conditions or as is otherwise necessary for our performance of any contractual right or obligation in relation to you.
You understand and agree that you are solely responsible and liable for any losses, damages and/or third party claims arising from or relating to your use of the User Submitted Content. We shall not in any way or form be responsible or liable for such use.
You acknowledge and agree that you rely on User Submitted Content provided by other users at your own risk and that Evercate expressly disclaims any liability for User Submitted Content.
You are hereby granted a personal, non-exclusive, non-transferable, non-sub licensable and limited right to use specified parts of the Platform, the Site and/or the Services in the agreed territory.
Your right to use the Platform, the Site and/or the Services is subject to your continued compliance with these Terms and Conditions and applicable third party terms and conditions.
You may not copy, modify, change, reverse engineer or disassemble the Platform, the Site and/or any of the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.
You may not lend, rent out or otherwise permit anyone else to make use of or otherwise dispose of the Platform, the Site and/or the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.
Evercate's trademarks, trade names and other signs included or referenced in the Platform, on the Site and/or in any of the Services (the “Marks”) are protected by national and international trademark laws. All use of the Marks is strictly prohibited without Evercate's prior written approval. The Marks may not be used in connection with any product or service that is not approved by Evercate or in any manner that is likely to cause confusion among customers or that disparages or discredits Evercate.
You hereby undertake to immediately inform Evercate regarding any claims from third parties arising out of or relating to your use of the Platform, the Site and/or any of the Services (or parts thereof) infringes such party's rights.
Any and all content in the Platform, on the Site and/or in the Services, including text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by Evercate.
Nothing in this Agreement shall be interpreted as a transfer of any of Evercate's material or intellectual property rights.
Save for User Submitted Content, any and all rights created, developed or otherwise arising as a result of the use of the Platform (or parts thereof) shall be automatically, free of charge and exclusively transferred to and vest in Evercate. For the avoidance of doubt, save for the license granted to Evercate in Section 4, you retain any and all rights in and to the User Submitted Content.
You have the right to terminate your Subscription at any time. If you terminate your Subscription, you will not have access to the Software after the end of the then-current Subscription Period. If you terminate your Subscription, you acknowledge and agree that Evercate shall have no liability or responsibility to you and that Evercate will not refund any paid amounts.
Evercate has the right to terminate your Subscription by giving you thirty (30) days written notice. If Evercate terminates your Subscription, you will not have access to the Software after the end of the Subscription Period ending after the thirty (30) day notice period has expired.
Evercate reserves the right to delete User Submitted Content upon expiration or termination of a Subscription. If you wish to save any User Submitted Content, you must export and save any such User Submitted Content prior to the expiration or termination of the Subscription Period.
You may terminate your Account by providing written notice to the following email address: firstname.lastname@example.org
By accepting these Terms and Conditions, you also accept our Data Processing Terms which governs our processing of Client Personal Data as a Data Processor (as defined in the Data Processing Terms) in relation to the Service.
Non-Warranty and Indemnity
Evercate endeavours to keep the Platform, the Site and/or the Services available at all times and to correct errors and defects without unnecessary delay. However, Evercate neither represents nor warrants that the Platform, the Site and/or any of the services provided by Evercate will be continuous, uninterrupted or error-free or that any defects will be corrected. The Platform, Site and/or any other service provided by Evercate are provided on an "as-is" and "as available" basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.
You acknowledge and accept that the Platform, Site and/or Services may become unavailable due to planned or unplanned service, maintenance and/or updates.
You are responsible for the communication between your equipment and the Platform, Site and/or the Services, and that you have the hardware and software necessary to access and use the Platform, Site and/or Services. You are solely liable for defects and limitations in your own software and/or hardware.
Evercate's licensors, suppliers, directors, consultants or employees shall not be liable for your direct or indirect damages (including, but not limited to, costs for disruptions, loss of data, loss of revenue or third party claims), regardless of whether such damages have been predictable or not.
Evercate's total aggregate liability for one or more events (regardless of whether or not such events are connected) shall in no event exceed the amount actually paid for the Platform during the three (3) month period immediately preceding the event that gave rise to such a claim.
The Platform, Site and/or any of the Services may provide links or references to other websites. Evercate has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. Evercate does not have any responsibility for the content or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. If you decide to access any of the third party sites linked to the Platform, the Site and/or the Services, you do so entirely at your own risk. Evercate reserves the right to terminate any link or linking program at any time.
Amendments and Changes
Evercate reserves the right to amend or change these Terms and Conditions at any time. Any changes to these Terms and Conditions will be notified to you in advance and will enter into force upon acceptance. If you do not accept the amended or new Terms and Conditions, you may not access, use or continue to use the Platform, Site and/or the Services. Evercate advises you to periodically review the Terms and Conditions in order to be informed of any changes. Evercate further reserves the right to change or modify the content of the Platform, the Site and/or the Services at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. Evercate may suspend, discontinue or restrict access to any portion of the Platform, the Site and/or the Services at any time and without notice.
By using the Platform, Site or the Services after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.
Evercate does not undertake to keep previous versions of these Terms and Conditions. Instead, Evercate recommends that you print and save a copy of each and every version of these Terms and Conditions.
Any failure or delay by Evercate in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God(s), public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of Evercate. Evercate does not accept any liability for the consequences arising out of any such force majeure events.
Application of the Terms and Conditions
Unless otherwise have been agreed in writing, these Terms and Conditions constitute the entire agreement between you and Evercate and supersedes any and all prior and existing agreements with regard to the Platform, the Site and/or the Services.
By accessing the Platform, Site and/or the Services you agree that all matters relating to your access to and use the Platform, the Site and/or the Services provided by Evercate shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law. Any dispute arising out of your use of the Platform, the Site and/or the Services shall be settled by the courts of Sweden.