Terms of useÅlö Q-Companion(ver. 1.1 valid from 2017-12-13)

These terms of use (the “Terms of Use”) apply to your use of the Ålö web www.myqcompanion.com, and Q-Companion mobile application that can be downloaded free of charge in the respective app stores, and any related services provided by Ålö Aktiebolag (“Ålö”), Reg. No 556081-0482, a company duly incorporated and organised under the laws of Sweden, having its registered address at Brännland 300, SE-901 37 Umeå, Sweden. By accessing and/or continue to use the Service, you confirm that you have read and agree to be bound by the Terms of Use.

1 - Service and license

1.1 Ålö provide a service for logging, tracking, and sharing information in connection with the use of Ålö loaders and/or other thereby related work under the trade name Q-Companion (collectively the “Service”). The Service contains a web and a mobile application (including any proprietary mobile device provided by Ålö).

1.2 By accepting these Terms of Use, Ålö grants to you a non-exclusive, non-transferable, non-sub licensable, and limited right to access and use the Service for free, provided that your use is at all times in accordance with these Terms of Use.

1.3 The license to use the Service is limited to use on a webpage and by any mobile device (including any proprietary mobile device provided by Ålö). Use of the Service on a third party mobile device requires you to download Ålö’s application from a third party distribution service. Such download may be subject to separate terms and conditions.

1.4 You may only use the Service for the purpose as being a User (as described below). You must not copy (save as permitted by these terms of use), modify, republish, sell, rent, sub-license, exploit for commercial purposes or redistribute material from our web or the mobile application. Ålö reserves the right to restrict access to areas of our web or the mobile application and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restriction measures. Any use in violation of Ålö’s intellectual property rights or this license may be subject to prosecution and damages.

1.5 You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur when using the Service. Please consult your carrier, mobile operator, etc. for further information.

1.6 While Ålö gives you access and a permission to use the Service in accordance with these Terms, you acknowledge that you are fully responsible for obtaining the relevant permits or other authorisations needed in order to carry out work in accordance what is being presented to you in the Service, such as operating a loader or other equipment.

2 - Features and functions of the Service

2.1 When you register an account on the web or mobile application, you become a user of the Service (a “User”). Only a physical person (as opposed to a legal entity) may register as a User.

2.2 To use the features and functions of the Service, all Users need to be connected to a farm, to a service provider, to a user of Ålö lifters or distributor of Ålö products (collectively referred to as a “Farm”). A Farm is a legal entity which may only be registered by a User, having authority to act on behalf of that Farm (the “Farm Representative”). By registering a Farm, the Farm Representative 1) guarantees that he or she has such authority and 2) on behalf of the Farm grants Ålö a non-exclusive and irrevocable license to use Service Generated Content as described under 3.2 below. In order to enable the Farm to connect with Users and fully access and use the Service, the Farm Representative needs to register the Farm’s Ålö loader. Upon registering a Farm, the Farm Representative also needs to provide the name and address of the Farm and a contact details for Ålö to reach the Farm Representative (or other contact person at the Farm, for whom the Farm Representative has obtained consent to register contact details) in matters regarding the Farm and/or the Service.

2.3 A Farm, through the Farm Representative, may either invite Users to be connected to the Farm, or accept such requests from Users. Users may be connected to one or several Farms.

2.4 The Farm, through the Farm Representative, may appoint certain Users to manage and administer the Farm in the Service. If such User accepts the appointment, it will gain status as administrator in the Service (“Administrator”). Farm Representatives and Administrators are provided the same features and functions in the Service, except as for the authority to change basic information regarding the Farm, which can only be made by the Farm Representative.

3 - Content

3.1 Ålö holds the qualities of respect for others and originality of creation in high regard. All personal data collected and generated by use of the Service will be processed in accordance with the Ålö Q-Companion Privacy Policy, www.myqcompanion.com.

3.2 When you use or interact with the Service you may elect to send, upload, communicate, transmit, or otherwise make available content such as type of work performed, time consumed, location, equipment or tools used and other information (“Service Generated Content”). Some Ålö loaders have an integrated system where information regarding the use of the loader (such as the number of lifts, the average weight lifted, etc.) is stored automatically. These products may be connected to the Service and digitally send, upload, communicate or transmit such information to the Service. Any information created, transferred and stored by such automatic systems constitutes part of Service Generated Content. All Service Generated Content relating to a Farm is owned by the relevant Farm irrespective of which User provided the Service Generated Content. Ålö is, according to license granted by Farm according to 2.2 above, granted the right to use Service Generated Content for providing and managing the Service, statistic purposes and for development of the Service and Ålö products on a pseudonymised and/or anonymized basis.

3.3 When you use or interact with the Service or other Users of the Service you may elect to send, upload, communicate, transmit, or otherwise make available content such as comments, feedback, documents, proposals and suggestions for improvement of the Service and Ålö products (“User Generated Content”). For sake of clarity all User Generated Content is owned by Ålö.

3.4 Ålö appreciates that Users provides User Generated Content. By sending us User Generated Content you agree that:

3.5 Ålö appreciates the opportunity to be notified of any objectionable or unauthorised use of User Generated Content, and Users, rights holders and licensees are invited to inform Ålö of any potential violations by sending a message using the feedback function in the Service or by sending an e-mail to Ålö at feedback@myqcompanion.com.

3.6 Ålö hereby reserves the right in its absolute discretion to remove any User Generated Content from the Service, but is not required to do so. Ålö does not actively review User Generated Content and is therefore not responsible for any third party content or User Generated Content provided by you or information contained therein, made available or otherwise used in connection with the Service, and is not responsible for the deletion or loss of any User Generated Content.

3.7 In the event that the User Generated Content you send, upload, communicate, transmit or otherwise make available gives rise to any intellectual or industrial property right (such as copyright or patent rights), you thereby grant to Ålö an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sub licensable and fully transferrable right to use, copy, reproduce, protect, change, modify, translate, transfer, make publicly available and/or perform such User Generated Content. To the fullest extent permitted under applicable law, you waive your moral right to and/or in the User Generated Content. By submitting User Generated Content you acknowledge that this right is granted to Ålö and as a consequence you agree to not submit any User Generated Content to Ålö where such rights cannot be granted to Ålö. You further agree that Ålö is under no obligation of confidentiality, express or implied, with respect to the User Generated Content and that Ålö may have something similar to the User Generated Content already under consideration or in development. You acknowledge and agree that Ålö may share User Generated Content with Ålö’s partners and/or companies that Ålö cooperates with.

4 - User conduct

4.1 Certain rules must be complied with in order to maintain the integrity of the Service and to promote the user experience. You may only use the Service if:

5 - Liability and indemnity

5.1 All data and all material which has been provided on, or to which reference is made in, the Service including, but not limited to, technical information, guides, brochures and manuals, shall only be viewed as public and general information. Ålö does not provide any warranty or other assurance concerning the content of the information or its correctness in general. Accordingly, Ålö does not assume any responsibility, either expressly or impliedly, for the information or the data which has been provided and nor does it assume any responsibility for the completeness, correctness, reliability, accuracy or appropriateness thereof for any specific purpose.

5.2 A User of the Service is thus not entitled to pursue any claim for remedies against Ålö including claims for compensation for economic or other loss as a consequence of any defects or alleged defects in the data which is provided in the Service, and thus any reliance upon the Service or its contents occurs at the User’s own risk. By way of summary, you can thus not rely upon the fact that the material in respect of your registered product such as but not limited to Service Generated Content is correct. All rights and obligations in relation to the registered products follow instead from the agreement with your distributor. If you consider that any information is lacking, we recommend that you contact your distributor.

5.3 Under no circumstances shall Ålö, including its partners, affiliates, contractors, authorized service providers, officers, directors, employees and agents, be liable for any loss (including, but not limited to any indirect or consequential loss or damage, loss of data such as but not limited to Service Generated Content or use, loss of or damage to equipment or property, economic loss or damage and any loss of profit, interest, revenue, anticipated savings or business) arising from any User’s or third party’s subsequent use or misuse of the Service.

5.4 You agree to indemnify and hold Ålö, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms of Use.

5.5 Nothing in these Terms of Use excludes or limits Ålö’s liability for death or personal injury arising from Ålö’s negligence, or Ålö’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

5.6 If you are considered a consumer under applicable law, you have special rights under mandatory consumer laws and regulations. Ålö does not intend to limit or alter such rights under these Terms of Use. Further Ålö does not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.

6 - Disclaimer of warranties

6.1 You agree that the Service is used at your own risk. Unless otherwise stated in these Terms of Use, the Service are provided “as is” and Ålö disclaims, to the maximum extent permitted by law, any and all warranties, whether express or implied, relating to the Service, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.

7 - Modifications

7.1 Ålö may change the Service at any time, such as by adding or removing features or discontinuing the Service. In addition, Ålö is entitled to modify these Terms of Use at any time. Ålö will notify you of any major modifications to the Terms of Use by e-mail in advance, but you are advised to regularly review the latest version which you can receive by sending Ålö a message using the feedback function in the Service or by sending an e-mail to Ålö at feedback@myqcompanion.com. If you do not wish to accept such Terms of Use you can terminate your account. Any continued use by you of the Service following notification of modified Terms of Use shall constitute acceptance by you of such Terms of Use.

8 - Third party services

8.1 The Service may include links to third party services and/or third party services may be made available to you via the Service. These services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party.

9 - Intellectual property

9.1 All copyright, trademarks and other intellectual property rights relating to the Ålö web, the mobile application and the Service are owned by Ålö or its licensors and all the copyright and other intellectual property rights in our website and the material on our website are reserved.

10 - Termination and cancellation

10.1 You may terminate your account and use of the Service at any time. Upon such termination, Ålö undertakes to remove all your personal information from the Service. If required by a Farm Representative, Ålö undertakes to remove Content related to such Farm from the Service. You agree that Ålö may store certain Content for, inter alia, operational purposes. In case this would involve personal data, Ålö may only store such data that has been made anonymous.

10.2 Ålö may in its sole discretion to terminate your account and use of the Service if you breach these Terms of Use. Ålö may also cancel unconfirmed accounts or accounts that have been inactive for a long time. You acknowledge that Ålö is providing the Service until further notice and that Ålö may, in its sole discretion, decide to discontinue providing the Service at any time.

10.3 You hereby acknowledge that if either Ålö or you terminate your account or the Farm, all Service Generated Content and Content will be made inaccessible. For sake of clarity, Ålö has no means to reconstruct data once the account is terminated.

10.4 You hereby acknowledge and agree that as soon as you start using the Service you waive any statutory cancellation rights that you might otherwise have had.

11 - Assignment

11.1 Ålö is entitled to assign any of its rights and obligations under these Terms of Use without restriction.

12 - Entire agreement

12.1 These Terms of Use represents the entire agreement between you and Ålö relating to the Service, and replaces all earlier agreements and understandings between you and Ålö.

12.2 If any provision of these Terms of Use is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.

13 - Applicable law and disputes

13.1 These Terms of Use shall be governed by and construed in accordance with the laws of Sweden. Both parties agree that the courts of Sweden shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement.

14 - Contact details

14.1 You may contact Ålö regarding these Terms of Use or related questions as follows: