©2018 by www.trixxa.com. 

Terms & Conditions and Privacy Policy 

TERMS OF USE

1. INTRODUCTION

Thank you for using TRIXXA. This document describes the terms under which TRIXXA provide Services to you, and describe how the Services may be accessed and used. The TRIXXA app, websites and software will be referred to jointly hereinafter as ‘the Service’ or ‘the Services’. By using the app, you accept these terms. If you do not accept the Terms of Use or the Privacy Policy, you will not be able to use TRIXXA. Your agreement with us includes these Terms of Use and our Privacy Policy, jointly referred to as the Agreements. If there is a conflict between the Swedish version and the translated version, then the Swedish version shall prevail, except where this is not permitted by applicable law.

You confirm that you have read and understood the Agreements, that you accept the Agreements, and agree to be bound by them. If you are not prepared to accept the Agreements, or are unable to comply with them, you may not use the Service or have access to any content. In order to use the Service you must 1) have the right to enter into a binding agreement with us, and not be prevented from doing so by any applicable laws or regulations; and 2) be resident in a country where the Service is available. You also undertake to ensure that all the information you submit to us when you sign up for the Service is complete, true and correct. Should any of this information change, you shall update the information you have submitted to us accordingly.

If you intend to use the Service on behalf of an organisation, you accept these Terms on behalf of the organisation, and confirm that you are authorized to sign and accept our Terms of Use on behalf of the organisation. In such case, the terms ‘you’ and ‘yours’ when used in this document will refer to the organisation as well as to you personally.

 

2. AGREEING PARTIES

2.1 Party you are entering into this Agreement with

Unless otherwise stated, you have entered into the Agreement for the provision of the Service with Inclose Solutions AB. References to ‘TRIXXA’, ‘we’, ‘us’ and ‘ours’ refer to:

Inclose Solutions AB

Helio Time Building

Kistagången 12

SE-164 40 Kista

Sweden

Company registration number: 556768-7792

VAT identification number: SE556768779201

2.2 Party we are entering into this Agreement with

If you are an individual, you can only use the Service if you are authoriszed to enter into an agreement with us. We recommend that parents/legal guardians directly supervise any minors using the Service. If you are not a private individual, you warrant that you are fully authorized to accept these conditions. You warrant that you will comply with all laws and regulations that apply to your use of the services.

3. DESCRIPTION OF THE SERVICE

3.1 Free service and Subscribed service

TRIXXA provides a Service which enables you to set-up temporary and self-synchronizing teams around activities. Some parts of the Service are free, whereas other parts have to be paid for before you can use them. The free service is called ‘TRIXXA Freemium’, ‘Freemium’ or ‘the Freemium service’ (jointly referred to as the ‘Free service’). Users of the Free service are limited to a maximum of six (6) contacts in TRIXXA. Payable services are called ‘TRIXXA Premium’, ‘Premium’ or ‘the Premium service’ (jointly referred to as the ‘Subscribed service’). The Subscribed service may not be available to all users. When you sign up to the Subscribed service, we explain what services are available to you. Please note that we may discontinue the Subscribed service at some point in the future; you will then no longer be charged for the Service.

3.2 Restrictions and changes to the Service

The Service is continuously developed, improved and amended. From time to time, updates, technical difficulties or maintenance can mean that the Service is temporarily unavailable. To the extent permitted by applicable law, we reserve the right to, periodically and at any time, amend or suspend, temporarily or permanently, any functions or features of the Service, with or without notice, and without any liability towards you. You understand, agree and accept that we are under no obligation to maintain, provide support for, upgrade or update the Service, or to provide all or any specific content via the Service. This section will apply to the extent permitted by applicable law. We and/or the owners of any Content may, from time to time, remove such Content without prior notice, to the extent permitted by applicable law. Adjustments to fees and payments should this happen are described in the section ‘Fees, subscriptions, and payments’.

 

4. ENTIRE AGREEMENT

With the exception of expressed agreements in writing between you and us, the Agreements constitute all of the terms and conditions agreed upon between you and us. The Agreements replace all previous agreements, both written and oral. Please note, however, that your use of the Service may be governed by additional agreements. This may for example include access to free of charge or discounted so called ’trial periods’. When you receive such an offer, you will be advised of any additional agreements that apply to the offer, and you may be given the option to approve additional terms. To the extent that there is any incompatible contradiction between any additional terms and these Terms, the additional terms shall prevail.

5. WAIVER AND SEVERABILITY

Unless otherwise specified in the Agreements, if any term of the Agreements is declared invalid or unenforceable for any reason or to any extent, such invalidity or lack of enforceability shall in no way affect other provisions of the Agreements or imply that the other provisions of the Agreements are invalid or unenforceable, and the application of that condition shall be enforced to the extent permitted by law. If we or a third party beneficiary fail to apply the Agreements or any terms of the Agreements, this shall not imply that we or such a third party beneficiary shall be deemed to have waived the right to do so.

 

6. TRANSFER

We have the right to transfer the Agreements or any part of them, and we have the right to delegate some or all of our obligations under the Agreements. You may not transfer the Agreements or any part of them, nor transfer or sublicense your rights under the Agreements to any third party.

 

7. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold us harmless from and against any damages, losses, costs, expenses or fees (including reasonable legal costs and attorneys’ fees) resulting from: (1) your violation of the Agreements, (2) any user-generated content, (3) any activity you participate in on or through the Service, and (4) your violation of any law or the rights of a third party.

8. CHANGES AND UPDATES TO THE AGREEMENTS

We may make changes to the Agreements at any time for a variety of reasons, for example to reflect changes in applicable law, updates to the Service, or taking into account new services or functionalities of the Service. Any changes will take effect at the earliest on the day they are officially published. For certain changes to take effect, applicable law may require us to obtain your consent, or that we allow you sufficient time to consider them. If you do not agree to any changes in the Agreements, you will not be able to use the Service.

9. TERM AND TERMINATION OF AGREEMENT

The Agreements will continue to apply to you until you or we terminate the Agreements. We have the right to terminate the Agreements or suspend or terminate your access to the Service at any time, including if you actually have, or is suspected of having, used the Service and/or Content without authorization, or failed to comply with the Agreements. If you or we terminate the Agreements, or if we suspend or terminate your access to the Service, you accept that we, to the fullest extent permitted by applicable law, are not liable and under no obligation to you, and that we will not refund any payments you may already have made. You can find out more about how to cancel your TRIXXA account here. This section will apply to the extent permitted by applicable law. You can terminate the Agreements at any time. Parts of the Agreements which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect.

10. FEES, SUBSCRIPTIONS AND PAYMENTS

10.1 Fees for the Subscribed service

The Subscribed service can only be purchased through the App Store or Google Play, either (1) by paying a monthly fee, or (2) by advance payment, which provides you with access to the Service for your chosen subscription period. In signing up to TRIXXA Premium, you agree to pay for the Subscribed service as well as each and every service you purchase or use, in accordance with the applicable pricing and payment terms presented to you for that service.

The cost of the Subscribed service will be invoiced in advance, i.e. at the start of each new subscription period. Unless you disable the automatic renewal option, your subscription will be automatically renewed at the end of the subscription period. In order to cancel your subscription you must do so no later than 24 hours before the subscription renewal date. You can cancel your subscription at any time. The subscription will continue until the end of the current subscription period.  You can cancel the automatic renewal of the Subscribed service straight after signing up to the subscription if you do not wish the subscription to be renewed. Fees payable by you will not be refunded, with the exception of what is stated in the Agreements, or when required by law. If you have made an advance payment for a Subscribed service, which we, for any reason, terminate before the end of the subscription period, we will refund the fees you have paid for the current subscription period upon the termination of the Subscribed service.

10.2 Offers

If we have made you an offer providing you with access to the Subscribed service, special conditions may apply to the offer. These conditions may include special conditions for your access to the Service. In accepting the offer, you agree to be bound by all such special conditions.

10.3 Trial subscription

We may also offer different types of Trial subscriptions for a specific period of time free of charge or at a reduced price. We reserve the right to determine your eligibility for such a Trial subscription and, subject to applicable law, to withdraw, amend, or at any time, without prior notice or liability, to terminate such a Trial subscription. For some Trial subscriptions we may require you to provide us with a payment method at the start of the subscription. When such a Trial subscription ends, we may automatically start charging you for the applicable subscription, from the firs day after the end of the Trial subscription period. Fees for Subscribed services are billed on a monthly basis, and you can cancel them at any time in accordance with the other conditions for fees and payments. In providing your payment method when you sign up to the Trail subscription, you agree that we can charge you using the payment details you have provided. If you do not wish to be charged on a monthly basis you must cancel the applicable Subscribed service through the App Store or Google Play before the end of the current subscription period. See the section Limitations for additional conditions regarding the cancellation of your payable subscribed services.

10.4 Price changes

From time to time, we may change the price of the Service and Subscription periods (periods for which payment has not already been made). We will advise you of any such changes in advance and, where appropriate, how to accept these changes. Price changes for the Subscribed service will take effect at the start of the next subscription period following the date of the price change. To the extent permitted by local law, you accept the new price by continuing to use the Service after the price change has taken effect. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription before the price change takes effect. Please therefore read any notifications on price changes carefully.

10.5 Payments

Billing for the Subscribed service will automatically be repeated at the end of the subscription period, provided that you do not cancel the subscription before the end of the current subscription period. The cancellation takes effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. Your account will be charged at the latest within 24 hours before your renewal date. Any unused portion of a free trial period will be forfeited if you upgrade, and cannot be carried over.

11. RIGHT OF WITHDRAWAL, COMPLAINTS AND CANCELLATION OF SUBSCRIPTION

11.1Complaints

It is your responsibility to ensure that the functions you require are available and that the equipment used for the Service is fully operational and has access to the Internet, before you sign up to the Service.

In order to make a complaint about a fault with the Service, a consumer must submit their claim to TRIXXA within reasonable time from when the fault was discovered. A business needs to submit their claim immediately, and no later than 30 days after the fault was discovered. If the claim is not made within the stated time period, TRIXXA reserves the right to decide whether to remedy the problem. If you want to make a complaint, please contact TRIXXA Support at the email address support@trixxa.com.

11.2 Cancellation of subscription

If you cancel a subscription in the middle of a subscription period, we will not refund you for the remaining portion of the relevant subscription period, unless you cancel the subscription due to any of the following reasons: (a) we have substantially breached these terms and failed to remedy this breach within 30 days of your written notification; or (b) a refund is required by law. We may terminate your subscription at the end of a subscription period by providing written notice thereof to you no less than 30 days in advance of the termination coming into effect. We will then, at least 90 days prior to the termination, notify you in writing that the account will be closed and the reasons for this. We may terminate your subscription if you have materially breached the Agreements, and you have failed to remedy this within 30 days of our notification.

12. RIGHTS

12.1 Rights we grant you

We grant you a limited, non-exclusive, revocable license to use the Service for your personal and non-commercial purposes (the ‘License’). This License shall remain in effect until terminated by you or us. Our software applications are licensed, not sold, to you, and we retain ownership of all copies of the software applications also after installation on your mobile handsets, tablets, and/or other relevant devices (‘Devices’). You agree to comply with the Agreements and not use the Service, or any part thereof, in any manner not expressly permitted by the Agreements. With the exception of the rights expressly granted to you in these Agreements, we grant you no right, ownership, or claim with respect to the Service. Third party software, for example open source software libraries included in the Service, is licensed to you under the relevant third party software library’s license terms.

12.2 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service; (2) to provide advertising and other information to you; and (3) to allow our business partners to do the same. In any part of the Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.

You grant us, for the purpose of ensuring regulatory compliance, the right to review all information you submit or publish during your use of the Service (”Content”) to determine whether it is illegal or in breach of these terms (e.g. when illegal Content is reported to us). We may also amend, prevent access to, delete or refuse to display any Content that we believe is in breach of the law or these terms, or is derogatory. Apart from this, we have no rights or obligation to monitor or review the Content. You agree to indemnify us against all damages, losses and expenses of any kind (including legal fees) that may arise as a result of claims being brought against us in relation to the Content. If any Content is infringing a person’s intellectual property rights or other rights, we may immediately, and at our own discretion, take measures without first notifying the person who has published the Content. If you do not agree that the Content is infringing another person’s intellectual property rights or other rights, you may contact us to request that we reinstate the removed Content.

You acknowledge that if you provide us with feedback, ideas or suggestions (‘Feedback’), your Feedback is not confidential, and you agree that we can use that Feedback without restriction and without payment to you. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus 20 years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute Feedback you provide us with. Where applicable and permitted under applicable law, you also agree to waive any ‘intellectual property rights’ (or equivalent rights according to applicable law), such as your right to be identified as the author of any Feedback, and your right to object to derogatory treatment of such Feedback.

12.3 Our brand

We respect the intellectual property rights of others, and we expect you to do the same. All trademarks, service marks, trade names, logotypes, domain names, and any other features of our brand (‘Our brand features’) are our sole property. The Agreements do not grant you any rights to use any of Our brand features, whether for commercial or non-commercial use. Brands that are displayed in connection with the Service belong to their respective owners.

12.4 Third party rights

You acknowledge and agree that the Agreements create rights for the owners of the Content and certain distributors (such as app store providers), and that these have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and us, and in no event shall the Agreements create any third party rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded TRIXXA from Apple, Inc. (‘Apple’) App Store/Google Play if you are using TRIXXA on an iOS/Android device, you confirm that you have read, understood and agree to the following notice regarding Apple/Google. This Agreement is between you and us only, not with Apple/Google. Apple/Google are not responsible for the Service and the content thereof. Apple/Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple/Google and they will refund any applicable purchase price for the Service to you; and, to the maximum extent permitted by applicable law, Apple/Google have no other warranty obligation whatsoever with respect to the Service.

Apple/Google are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple/Google are not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service and/or your possession and use of TRIXXA infringe that third party’s intellectual property rights.

You agree to comply with any applicable third party terms when using the Service. Apple/Google, and their subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. USER-GENERATED CONTENT

13.1 You retain ownership of your information

TRIXXA does not claim ownership over any of your information (‘Information’) or the Content. This means that any material that you publish, such as invitations, queries, notices, comments, or any other types of Content, is owned by you. Under the Agreements, we have the right to use your Information and Content in accordance with the conditions described in the Agreements. 

13.2 You are responsible for everything you publish

You are solely responsible for all the Content that you post through the Service. We are not responsible for what you publish, and we do not endorse any opinion that you publish. You promise that, with respect to Content you publish in the Service, (1) you have the right to publish such Content, and (2) that such Content does not violate the Agreements, applicable law, or intellectual property rights, publishing rights, rights connected with the name, image or identity of individuals, 3) or any other rights belonging to a third party, entity or individual.

13.3 User guidelines

We have established a few ground rules for you to follow when using the Service. Please follow these rules and encourage other users to do the same. The following activities are not permitted:

  • copying, redistributing, reproducing or displaying to the public, or making available to the public any part of the Service or Content created by other users, or otherwise making any use of the Service or Content created by other users, which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service, or Content created by other users, or any part of these;

  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content created by other users, or any part thereof, unless permitted by applicable law;

  • circumventing any technology used by us, licensors, or any third party to protect the Content or the Service; 

  • selling, letting, sublicensing or leasing of any part of the Service or Content;

  • circumventing any territorial restrictions applied by us or our licensors;

  • manipulating the Service in any way;

  • removing or altering any copyright, trademark, or other intellectual property notices included in the Content or the Service or provided by us (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

  • sharing your password with another person, or using another person’s user name or password;

  • using crawlers or automated tools (including so called bots, scrapers, or spiders) for the purpose of collecting information from TRIXXA; or,

  • selling user accounts, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on an account.

 

​If we discover that you have undertaken any of the above activities, we may without prior notice close the user account and/or take legal action. Please respect us, the owners of the Content, and other users of the Service.

Do not engage in any activity, post any Content, or register and/or use a user name, which is or which includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;

  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights or the protection of personal information, our proprietary rights or those of a third party;

  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

  • is intended to or does harass or bully other users;

  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

  • artificially publishing Content by automated means;

  • involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar, including through the Service;

  • involves commercial or sales activities, such as advertising, promotions, competitions, sweepstakes, or pyramid schemes, that are not expressly authorized by us;

  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by us;

  • interferes with or in any way disrupts the Service, or tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or our computer systems, network, usage rules, or any security components, authentication measures or any other protective measures applicable to the Service, the Content, or any part thereof; or

  • is in conflict with the Agreements, as determined by us.

 

You acknowledge and agree that publishing any such Content may result in immediate termination or suspension of your account. You also agree that we may reclaim your username for any reason. Please be thoughtful about how you use the Service and what you share. We have no responsibility for any material you choose to publish through the Service.

13.4 Limited lisence to your information

You grant us a global, royalty-free license to use your information, but only for the limited purposes permitted by the Agreements. Access to your Content will remain after you have stopped using the Service, for the purpose of collecting and anonymizing data included in your Content, as well as any remaining back-up copies of your information created during the day-to-day operation of the Service.

This access includes any trusted third parties, such as subcontractors, which we work with in order to deliver TRIXXA to you, but we do not sell your data to third parties. If you provide TRIXXA with Feedback relating to the Service, we can use your feedback without asking your permission. This provision does not give us rights to the Content, with the exception of the limited rights required for us to provide the Service, and which are described in our Privacy statement and our Terms of Service. By accepting our Terms of Service, you accept that we collect, share, and use your data, for the purposes of storing and accessing cookies or other information on your device.

13.5 Content provided by third parties

In the Service, we may publish links to websites on the Internet that are owned and operated by third parties. We will not state that these are third party websites, and we are not responsible for them or any content included on them.

14. SECURITY, PRIVACY AND INTEGRITY

14.1 Personal information

When you use our services, you may share personal information with us. We understand that you, in sharing your information with us, trust that we treat your information appropriately. Our Privacy Policy describes in detail how we treat your personal information. In return, you accept that we may use and share this information in accordance with our Privacy Policy.

 

14.2 Privacy

We will treat your information as confidential and only use it in accordance with these terms and our Privacy Policy. However, your Content will not be considered confidential if the information: (a) is or becomes publicly known (except through a breach of these Agreements); (b) already existed in the public domain before you shared it with us; (c) is received by us from a third party without the knowledge of a crime having been committed against you; or (d) has been developed independently by us without reference to your Content; and finally (e) is required to be disclosed by applicable law.

14.3 Security

We are committed to the safe storage of our users’ personal data, and we only collect as much personal information as is absolutely necessary for us to effectively provide our services to our users. We will store and process your Content in agreement with our Terms of Use and Privacy Policy. TRIXXA have implemented technical, organizational, and administrative systems, guidelines and procedures to ensure the security, integrity and confidentiality of your data, to reduce the risk of unauthorized access to and use of your data.

14.3.1 Security breach management

Please note that, despite best efforts, no method of transmission over the Internet and no method of electronic storage can ever be completely secure. We cannot guarantee absolute security. However, if TRIXXA learns of a security breach, we will notify affected users so that they can take appropriate action. Our breach notification procedures are consistent with our obligations under applicable laws and regulations, and include, among other measures, notifications via electronic mail and and on our website advising about the breach.

​14.3.2 Your obligations

To ensure that your data is safe, it is important that you safeguard your account by using sufficiently complex passwords and storing them safely. You also need to ensure that your own systems are sufficiently safe and secure, to prevent unauthorized access to your data.

14.3.3 Protect your password

You are solely responsible for protecting your password and any other credentials needed to access the Service. You, and not us, are responsible for any activity on your account, excluding activity we are directly responsible for and which is not undertaken on your instructions. If you become aware of any unauthorized access to your account, you should notify us immediately. Accounts may not be shared and may only be used by one individual per account.

14.3.4 Keep your information up-to-date

We occasionally send notifications to the email address registered to your account. You must therefore ensure that your email address are correct and up-to-date. Accounts for the Service are administered through the email address registered with the account. If your information is not kept up-to-date, your access to the Service could be restricted. You are responsible for keeping your details up-to-date.

15. PROCESSING OF PERSONAL DATA

TRIXXA will process your personal data, for the purposes of facilitating the sharing of information with you, and to monitor your compliance with our conditions for the use of the Service. By accepting these general terms, you agree that your personal data may be processed by us in accordance with our Privacy Policy.

16. WARRANTY AND DISCLAIMER

We make reasonable efforts to keep the Service fully operational. You understand and agree that we provide the Service ‘as is’ and ‘as available’, without representation or warranty, express or implied, in respect of the status or function of the Service whatsoever. You use the Service at your own risk. To the fullest extent permitted by applicable law, we and all Content owners make no representations and disclaim any warranties of satisfactory quality, fitness for a particular purpose, or non-infringement. This means that we will not be liable for, including but not limited to, any loss or damage to you arising from your use of the Service, or from the Service not being available at a certain point in time. Neither we nor any Content owners warrant that the Service is free of malware or other harmful components.

In no event will we be liable for any failure of the Service, if the normal operation of the Service is in any way disrupted due to circumstances outside of our control which we could not reasonably have foreseen at the time of entering into the Agreement, and the consequences of which we could not reasonably have avoided or overcome (force majeure). It is the responsibility of the user of the Service to check with us if the normal operation of the Service is disrupted by any such event, and if such a disruption is of a temporary or permanent nature. It follows that we cannot be liable for any damages to the user if the operation of the Service is disrupted by aforementioned circumstances. We make no representation nor warrant, endorse, guarantee, or assume responsibility for any third party applications or the content thereof, user content, or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any other advertising on the Service.

You understand and agree that we are not liable for any transactions between you and a third party provider by third party applications or products or services, which have been advertised on or through TRIXXA. As with any purchase of products or services, you should use your judgment and exercise caution where appropriate. No advice or information, whether oral or in writing, obtained by you from us shall constitute a warranty on behalf of us in this regard. This section does not affect your statutory rights as a consumer.

 

17. LIMITATIONS

To the extent permitted by applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall TRIXXA and to stop using the Service. While we accept no responsibility for third party applications or the content thereof, and as your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or to stop using any such third party applications.

To the extent permitted by applicable law, in no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect or consequential damages; (2) any loss of use, data, business, or profits, whether direct or indirect, in all cases arising out of the use or inability to use the Service, third party applications, or third party application content, regardless of legal basis and without regard to whether we have been warned of the possibility of those damages; or (3) aggregate liability for all claims relating to the Service, third party applications, or third party application content, for an amount not exceeding the amounts paid by you to us during the prior twelve months in question, to the extent permissible by applicable law.

18. CLASS ACTION WAIVER

To the extent permitted by applicable law, any claims against the other party can only be brought in your or our individual capacity, and each party is waiving the right to participate in any collective action. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding.

19. JURISDICTION AND ARBITRATION

9.1 Term and termination

The Agreements will continue to apply to you until terminated by either you or us. We may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service and/or Content, or non-compliance with the Agreements. If you or we terminate the Agreements, or if we suspend your access to the Service, you agree that we shall have no liability or responsibility to you, and that we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You can cancel your TRIXXA account by deleting it in the app, under “My account”.  This section will apply to the extent permitted by applicable law. You can terminate the Agreements at any time. Parts of the Agreements which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect.

19.2 Dispute settlement and arbitration

We agree that the Agreements are subject to Swedish law, and any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Agreements or to our relationship with you as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by arbitration. This part of the Agreements shall remain in full force and effect after the termination of the Agreements.

19.3 Exceptions

Notwithstanding clause 19.1 above, you and we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court; (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (3) seek injunctive relief in a court of law; or (4) to file suit in a court of law to address intellectual property infringement claims.

19.4 Arbitration rules

Any arbitration between you and us shall be finally settled under the Rules of Arbitration (the ‘ICC Rules’) of the International Chamber of Commerce (the ‘ICC’), by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements. Any arbitration shall be conducted in the English language, in Sweden and be subject to Swedish law.

19.5 Time for filing

Any arbitration must be commenced by one party filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim, and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

19.6 Notice – Process

A party intending to seek arbitration must first send a written notice of the dispute to the other party, by special delivery or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (‘Notice’). The Notice must (1) describe the nature and basis of the claim or dispute, and (2) set forth the specific relief sought. We agree to attempt to resolve the claim directly, but if we do not reach an agreement within 30 days after the Notice is received, you or we may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator. In the event our dispute is finally resolved through arbitration in your favour, we shall pay you (1) the amount awarded by the arbitrator, if any; or (2) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; and (3) in no case no more than maximum of 50 000 SEK.

19.7 Confidentiality in arbitration

Arbitration procedures in reference to this arbitration clause are covered by the obligation of professional secrecy. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award, and shall not be disclosed except in confidence to persons who have a need to know for such purposes, or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor we shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

19.8 Modifications

In the event that we make any future change to this arbitration provision, you may reject any such change by sending us written notice within 30 days of the change. In such case, your TRIXXA account shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

19.9 Enforceability

If parts of this section (19) are found to be invalid or unenforceable, then the entirety of this section shall be null and void, with the exception of the described exclusive jurisdiction, venue and applicable law.

 

20. CONTACT

If you have any questions regarding the Service or the Agreements, please email us at support@trixxa.com and we will get back to you. You can also contact us via TRIXXA Support, where you also can find answers to some of the most frequently asked questions.