TERMS AND CONDITIONS

General

These general conditions apply between Q-engineering (hereinafter the "Supplier") and the Party (hereinafter the "Customer") and the legal entity that approved the Agreement (hereinafter referred to as the "Customer". The Supplier and the Customer are referred to below individually as the "Party" and collectively as the "Parties".

 

Scope of the service

Sbbab app is digital system support for digitalizing your construction inspections. The purpose of the Service is to simplify collecting and reporting defects found during an inspection

 

Conditions

When the Customer registers an account on the Supplier's website, the Customer must enter an e-mail address and a password, select a payment method and approve the terms and conditions of the Service in effect at any time before an account is created, whereupon an agreement is entered into between the Parties in connection with the Customer's acceptance of the general conditions.

The customer undertakes to keep his customer account updated and up-to-date during the contract period. The customer must notify changes as soon as possible by updating their account information.

 

Contract documents

The agreement covers all documents in the list below

i) Supplier's privacy protection policy
ii) These General Terms and Conditions

iii) Personal data service agreement, Appendix 1.

iv) Where applicable, the Parties' Special Agreements

In the event of duplicate and/or conflicting provisions in the Agreement, the provisions in the contractual documents shall be applied in the order stated above. Special agreements entered into in a competent order take precedence over general provisions. Later agreements that were added in a competent order take precedence over earlier agreements.

The Agreement constitutes the Parties' complete regulation of their respective rights and obligations towards each other within the framework of the Service and this Agreement.

 

Liability and limitation of liability

The supplier is responsible, with the limitations stated below, for damage that occurs due to errors in the Service.

It is the responsibility of the Customer to store copies of all data and information contained in the Customer Account. The supplier is not responsible for the storage and preservation of data contained in the Customer account and, accordingly, cannot be held responsible if such data is lost. The Supplier undertakes no responsibility whatsoever to store or save the Customer's data/information in the Customer Account after the Agreement has ended.

The supplier is not responsible for third parties' use of the Service nor for consequences thereof.

The Supplier is not responsible for damage caused by (i) third-party product or (ii) modifications or changes to the Service made by someone other than the Supplier.

The supplier is not responsible for the Customer's performance of its services or third parties and cannot be held responsible for the Customer's possible breach of contract, errors or deficiencies. This means that the Supplier is under no circumstances liable for, for example - but not limited to - damage caused by the Customer, errors and deficiencies in information or recommendation, or non-fulfillment of its obligations according to an agreement, law, or authority regulations as a result of the Customer's use of the Service.

In the event of an error in the Service, the Customer must report the error to the Supplier immediately and no later than one (1) week from the time the error was discovered. The complaint must contain information about the fault in question, its scope and documentation to support the fault in question and, where applicable, information about how this affected the Customer.

In the event of an established fault and a correctly executed complaint from the Customer, the supplier must remedy the fault without unreasonable delay where this is practically possible. However, the Supplier's responsibility for correcting errors does not apply if (i) the remedy would entail inconvenience or costs for the Supplier that are unreasonably large in relation to the significance of the error for the Customer; or (ii) the error is of trivial importance. The supplier's responsibility for errors in the Services is limited to what is stated above in this point 8.

The Supplier is not responsible for damage unless the Customer notifies the Supplier in writing of the damage no later than thirty (30) days after the Customer discovers, or fails to discover, the relevant damage or loss.

The supplier is not responsible under any circumstances for the Customer's loss of profit, revenue, savings or goodwill, loss due to business interruption, loss of data, the Customer's possible compensation obligation towards third parties or indirect damage or consequential damage of whatever kind it may be.

The Supplier's combined and total liability under the Agreement regarding one or more events (regardless of whether these are related to each other or not) shall in no case exceed an amount corresponding to fifteen (15) percent of the amount paid by the Customer during the twelve-month period immediately preceding the damage to the Provider for the Services.

Intellectual Property Rights

All intellectual property rights, including, but not limited to, copyright, trademarks, patents, images, videos, design and pattern rights, company rights, database rights and know-how that (i) are provided or otherwise made available to the Customer by the Supplier or others within the scope of the Services or (ii) otherwise arising within the framework of the delivery of the Services ("IPR"), including, but not limited to, software, source code, documents, texts, images, layouts, designs, programs, data, information, reports, matrices, definitions regarding target groups and other information on and relating to advertising accounts and other material and knowledge is and remains the exclusive property of the Supplier.

During the term of the agreement, the Supplier grants the Customer a non-exclusive, non-transferable, non-sublicensable limited right to use the IPR solely within the Customer's own business and solely for the purpose for which the IPR in question was made available to the Customer in accordance with the Agreement. The customer does not have the right to fully or partially (i) modify or duplicate the IPR, (ii) translate, decompile , disassemble or create derivative works based on the IPR or (iii) assign, rent, lend or otherwise redistribute the IPR.

For any third-party products and open source software included in the Services, instead of what is stated above, what is stated regarding use in the license conditions for such third-party product and open source software applies instead. The customer is responsible for ensuring that the aforementioned license conditions are complied with by the customer.

The Customer does not have the right to use the names, trademarks or company names used and/or provided by the Supplier on the Supplier's website, in the Service or in any other way.

All intellectual property rights linked to the Service - including but not limited to - systems, the Supplier's website, general information, design and articles, brand, remain exclusively the Supplier's or a third party that owns the relevant right.

Material, documentation or other information provided to the Supplier may not, without the Supplier's consent, be used for a purpose other than that for which it was handed over.

The customer undertakes not to infringe these rights and is aware that a violation of this provision may lead to legal sanctions.

This clause 9 applies even after the Agreement has ceased to apply between the Supplier and the Customer.

 

Force Majeure

Force majeure means unusual, unforeseeable and unavoidable events beyond the Party's control. Force majeure are events which the respective Party could not reasonably be expected to have anticipated when entering into the agreement and the consequences of which it could not reasonably have avoided or overcome, including but not limited to war, threat of war, riot, civil disobedience or strike, official action, newly added or changed legislation, act of terrorism, natural or industrial disaster, widespread infection, pandemic, fire, severe weather conditions, floods, disruption of IT infrastructure, loss or destruction of large-scale data or property of significant importance, technical problems and conflict in the labor market which may also include labor dispute involving third party or other unforeseen event beyond Party's control.

In the event of force majeure, the respective Party is free from liability for damages or other penalties, in the event of impossibility to fulfill its contractual obligations.

A party that wishes to invoke force majeure as a basis for exemption shall without delay notify the other Party in writing of its occurrence, as well as of its termination. A party that fails to do so loses the right to invoke force majeure.

Regardless of what otherwise applies under these general conditions, each Party may terminate the Agreement by written notice to the other Party if force majeure persists for a period exceeding three (3) months.

 

Termination

The Supplier has the right to terminate the Agreement immediately if the Customer breaches, or can be assumed to breach, the Agreement, at any time valid instructions for the Service, or applicable laws/authority regulations or otherwise misuses the Service in violation of the Supplier's instructions and instructions or the purpose of the Service otherwise. The supplier also has the right to terminate the Agreement immediately if the Customer does not make payment on time according to p. 7 above or fails to pay at all.

Each of the Parties shall have the right to terminate the Agreement with immediate effect in the event that the other Party is declared bankrupt, enters into settlement negotiations, goes into liquidation or becomes insolvent.

Upon termination of the Agreement, the Agreement ends immediately and the terminating Party has no liability whatsoever to the erring Party.

 

Miscellaneous

The Supplier has the right (notwithstanding what is stated in point 8) to indicate the Customer as one of its customers in its marketing and then also has the right to refer to the scope and content of the Services and to use the Customer's company name and brand.

In addition to this, neither Party has the right to use the other Party's name or trademarks/logos for marketing products and services.

 

Assignment and changes/additions

The Party is not entitled to fully or partially assign its rights and/or obligations under the Agreement without the other Party's prior written consent. However, the Supplier has the right to freely assign the right under the Agreement to receive payments from the Customer without the Customer's consent.

To be valid between the Parties, additions and changes to the Agreement must be drawn up in writing and confirmed by both Parties. However, the Supplier has the right to unilaterally implement changes to these general terms and conditions and to make annual price adjustments to the Fees.

 

Choice of law and dispute resolution

Swedish law shall apply to the Agreement. Disputes arising in connection with this Agreement shall be settled in the general court where the Supplier has its registered office.