Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Ålö on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
1.1 Ålö reserves the right to modify, update or amend the Terms at any time. Any modifications will become effective immediately upon posting to our website or mobile application. Your continued use of the Services constitutes your acceptance of the Terms, as modified. When we make changes, we will post them here and in a pop-up notification when you next visit the website or use the mobile application. We encourage you to review the Terms whenever you use the Services. If you do not agree to these Terms, please do not use the Services.
2.1 By accepting these Terms, Ålö grants you a non-exclusive, non-transferable, non-sublicensable, and limited right to access and use the Services for free, provided that your use is at all times in accordance with these Terms.
2.2 The license to use the Services is limited to use on our website and by any mobile device (including any proprietary mobile device provided by Ålö). Use of the Services 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.
2.3 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. You may only use the Services as a User. You must not copy (save as permitted by these Terms), modify, republish, sell, rent, sublicense, 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 website 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 your license may be subject to prosecution and damages.
2.4 You agree that the information you supply during the registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; or (iii) use a user name in violation of the intellectual property rights of any person. You will be responsible for preserving the confidentiality of your password and will notify Ålö of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Ålö immediately. Ålö reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Ålö if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at firstname.lastname@example.org.
2.5 You acknowledge that you are fully responsible for the internet service and/or mobile carrier charges that you may incur when using the Services. Please consult your internet service provider, mobile carrier, etc. for further information.
2.6 While Ålö gives you access and permission to use the Services 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 with what is accessible to you in the Services, such as operating a loader or other equipment.
3.1 The Ålö Services are not intended for children under 15. By registering on the Ålö Services, you warrant that you are at least 15 years old.
4.1 To use the features and functions of the Services, 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 defined below. In order to enable the Farm to connect with Users and fully access and use the Services, 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 contact details so Ålö can reach the Farm Representative (or other contact person at the Farm, from whom the Farm Representative has obtained consent to register contact details) in matters regarding the Farm and/or the Services.
4.2 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.
4.3 The Farm, through the Farm Representative, may appoint certain Users to manage and administer the Farm on the Services. If such User accepts the appointment, he or she will gain status as an administrator on the Services (“Administrator”). Farm Representatives and Administrators are provided the same features and functions on the Services, except for the authority to change basic information regarding the Farm, which can only be done by the Farm Representative.
5.2 When you use or interact with the Services 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 Services and digitally send, upload, communicate or transmit such information to the Services. 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 the license granted by the Farm, described above, granted the right to use Service Generated Content for providing and managing the Services, statistical purposes, and developing the Services and Ålö products on a pseudonymized and/or anonymized basis.
5.3 When you use or interact with the Services or other Users of the Services 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 Services and Ålö products (“User Generated Content”). All User Generated Content is owned by Ålö. By sending us User Generated Content you agree that such content:
5.4 Please notify Ålö of any objectionable or unauthorised use of User Generated Content. Users, rights holders and licensees are invited to inform Ålö of any potential violations by sending a message using the feedback function in the Services or by sending an e-mail to Ålö at email@example.com.
5.5 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 Services, and is not responsible for the deletion or loss of any User Generated Content.
5.6 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 hereby grant to Ålö an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable 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 its partners and/or companies that Ålö cooperates with.
6.1 Certain rules must be complied with in order to maintain the integrity of the Services and to promote user experience. You may only use the Services if:
7.1 We welcome links to the Ålö Services. You are usually free to establish a hypertext link to the Ålö website so long as the link does not state or imply any sponsorship or endorsement of your site by Ålö.
8.1 You agree not to without the express written approval by Ålö use the Ålö Services to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
9.1 Without the prior written permission of Ålö, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Ålö Services, or incorporate any intellectual property of the Ålö Services, Ålö or any of their licensors into another website or other service.
10.1 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.
10.2 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.
10.3 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 Services.
10.4 Ålö is not responsible or liable for the conduct of, or your interactions with, Users of the Services (whether online or offline), nor is Ålö responsible or liable for any loss, damage, injury or harm associated therewith.
10.5 Some jurisdictions do not allow the limitation or exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the exclusions or limitations in this section may not apply to you. Note that the limitations in this section are not applicable to New Jersey residents.
10.6 Nothing in the Terms 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.
10.7 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 the Terms. Further Ålö does not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.
12.1 The Services may include links to third party services and/or third party services may be made available to you via the Services. 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.
13.1 All copyright, trademarks and other intellectual property rights relating to the Ålö web, the mobile application and the Services 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.
14.1 You may terminate your account and use of the Services at any time. Upon such termination, Ålö undertakes to remove all your personal information from the Services. If required by a Farm Representative, Ålö undertakes to remove Content related to such Farm from the Services. You agree that Ålö may store certain Content for, inter alia, operational purposes. If this involves personal data, Ålö may only store such data that has been made anonymous.
14.2 Ålö may, in its sole discretion, terminate your account and use of the Services if you breach these Terms. Ålö may also cancel unconfirmed accounts or accounts that have been inactive for at least 2 years. You acknowledge that Ålö may, in its sole discretion, decide to discontinue providing the Services at any time.
14.3 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. Ålö has no means to recreate data once the account is terminated.
14.4 You hereby acknowledge and agree that once you start using the Q Companion Service you waive any statutory cancellation rights you might otherwise have had, except as otherwise provided by applicable law.
15.1 Ålö is entitled to assign any of its rights and obligations under the Terms without restriction.
16.1 The Terms represents the entire agreement between you and Ålö relating to the Services, and replaces all earlier agreements and understandings between you and Ålö.
16.2 If any provision of the Terms 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.
17.1 By using the Services, you and Ålö agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent to:
Both you and Ålö agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, and will occur in the New York City area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any party of the Terms is void or voidable.
18.1 This Agreement has been made in and shall be construed in accordance with the laws of Sweden, without giving effect to any conflict of law principles.
19.1 You may contact Ålö regarding these Terms or related questions as follows: