Compare-IT Terms of Service
This is an in-house translation of the Compare-IT terms of services in Swedish (version 1.0, last updated 2018-04-30), available at http://www.compare-it.se/anvandarvillkor/. In case of any discrepancies between the Swedish version and this translation, the Swedish version shall prevail.
These terms of service constitute a binding agreement (the “Agreement”) between you as a user (the “Customer”) and Compare-IT Nordic AB, reg. no. 556689-5529, (“Compare-IT”) concerning the use of the services which may from time to time be provided by Compare-IT, including but not limited to the services provided in the app My Smart House By Compare-IT, currently available for download on Apples Appstore and Google Play, (the “App”), and the user interfaces with services which may from time to time be provided by Compare-IT, e.g. on Compare-IT’s website https://www.mittsmartahus.se (the “Website”), collectively the ”Services” and each the “Service”. The Customer agrees to be bound by the Agreement by registering a user account on Compare-IT’s Website or in the App.
Content and use of the Services
The Services consists of the services, systems and information which may from time to time be included in the description of the Services on Compare-IT’s Website and/or in the App. The aim of the Services is to make it possible for the Customer to control his or her home through the App, e.g. to turn the lights on and off, lock the door or turn off the stove. In addition, the aim of the Services is to provide the Customer with an overview of the Customer’s data, e.g. his or her use of electricity or distance heating. The Customer acknowledges and understands that such overview or analysis of the Customer’s data is not included in the Services by default.
On Compare-IT’s Website, it is possible for the Customer to purchase additional services not included in the standard version of the Services (“Additional Services”). For the avoidance of doubt, this Agreement shall be valid and apply notwithstanding if the Customer makes any additional purchases or not. However, specific terms and conditions may apply to Additional Services.
The Customer agrees and acknowledges that the use of the Services require that the Customer has access to a smartphone model with an operative system supported by Compare-IT from time to time. It is the Customer’s obligation to pay for and maintain an internet connection for the smartphone and such hardware which require internet connection for the utilisation of the Services.
Only individuals aged 18 years or older may be Customers, register an account and thereby enter into this Agreement. However, the Services may be used by an entire family, provided that each family member creates an individual user account linked to the Customers main account. The Customer hereby approves adding such additional users which the Customer adds to his or her main account trough the settings in the Services. Approval by the child’s guardian is required to add children under the age of 16 years as additional user of the Services by the Customer, and the Customer hereby approves of the use of the Services by the child (if he or she is the child’s guardian) or undertakes to solicit such approval from a guardian before a child is given access to a user account for the Services by the Customer.
The Customer agrees and acknowledges that any use of the Services is done at the Customer’s own risk. Compare-IT provides the Services in its current state and does not provide any warranty or representation as to the availability or reliability of the Services or individual functions thereof, or that the Services will meet Customer’s expectations or needs. Compare-IT does not warrant or covenant that the Services will be free of errors. The Customer is aware that the measured values presented in the Services may differ from the actual values.
All intellectual property and technical solutions relating to the Services is the property of Compare-IT or its licensees and distributors and may not be utilised by the Customer except as explicitly allowed under this Agreement or approved in writing by Compare-IT on a case by case basis. The Customer does not acquire any intellectual property rights by using the Services. All content, including but not limited to the trademarks and copyrights made available in the Services, belong to and/or are controlled by Compare-IT. The Customer is not entitled to copy, link to or otherwise dispose of the content and material.
Obligations of the Customer
The Customer undertakes to only use the Services in accordance with this Agreement and Compare-IT’s instructions applicable from time to time as well as not to use the Services for any commercial purposes. The Customer is not entitled to use the Services in a manner which may overload, disturb, damage, disable or impair the Services or to use the Services in any manner which may lead to the transmission, distribution or uploading of programs or material containing malicious code such as viruses, time bombs, cancel bots, worms, trojans, spyware or other potentially harmful programs, materials or information. Furthermore, the Customer is not entitled to reproduce, manifold, produce copies of, sell, resell or exploit any part of the Services, use of the Services, or access to the Services except as expressly allowed in this Agreement.
Furthermore, the Customer undertakes not to use the Services in manners contrary to law or government regulations (including but not limited to use that may constitute incitement to racial hatred, child pornography, defamation, offence, revulsion, illegal description of violence, data breach and/or copyright infringement or other intellectual property laws, or violations of applicable laws relating to personal data and data storage) or which may otherwise be perceived as threatening, intrusive, racist, harassing, offensive, vulgar and/or indecent, or which infringe upon the privacy of another person or otherwise cause harm or inconvenience to Compare-IT or third parties.
If any claim is directed or action is brought against Compare-IT due to the Customer’s use of the Services, the Customer undertakes to hold Compare-IT harmless for any damage incurred to Compare-IT by reason of such claim (including but not limited to costs due to settlement or judgment). The foregoing undertaking is conditioned on that the Customer, within a reasonable period of time after the submission of the claim, has been notified in writing by Compare-IT about the alleged claims or that the action has been brought against Compare-IT, and that the Customer is given the opportunity to approve any settlement or similar commitment that has a direct material effect on the Customer (such approval shall not be unreasonably withheld by the Customer).
The Customer is responsible for storing user identity/ies and password/s for the Services in a safe and inaccessible manner for third parties. If the Customer suspects, or has reason to suspect, that an unauthorised person has knowledge of the Customer’s password, the Customer shall immediately notify Compare-IT’s customer service. The Customer is responsible for any unauthorised use of the Customer’s (and its additional users’) user identity and passwords until the Customer has requested, and Compare-IT has managed, to block access to the Services for the user identity/ies in question.
Price, payment and receipt on purchase
The price indicated on Compare-IT’s Website at the time of purchase is the price which will apply to the Customer. Compare-IT reserves the right to change its price list for the Services at any time.
Terms of payment
The Customer shall register credit or debit card from VISA or MasterCard. Fees shall be paid through the registered payment method. Different methods of payment may be removed and added via My Pages on the Website.
When the Customer registers a credit or debit card, purchases are automatically charged from the specified card. Charging takes place in connection with the purchase date. By registering a credit or debit card, the Customer agrees that the registered card details are handled by Compare-IT and/or its sub-contractors for the administration of the payment.
The Customer shall always have a valid and up to date credit or debit card registered via the Services and shall be responsible for having available debit and/or credit funds in accordance with the Agreement to effectuate payment.
Card details will be deleted if the Customer erases its user account/s.
Default in payment
If payment is not made on time, a reminder will be sent to the Customer by letter. A reminder fee of sixty (60) SEK per reminder is charged and Compare-IT is entitled to interest on late payments in accordance with the Swedish Interest Act (1975:635) as well as, if necessary, compensation for claim for collection according to the Swedish Act on Compensation for Collection Costs, etc. (1981:739) (or equivalent at any time applicable law or regulation). Furthermore, Compare-IT is entitled to compensation for work and expenses that arise if the claim is passed on to the court or bankruptcy authority due to payment overdue or because the claim is contested or for any other reason.
Compare-IT reserves the right to retain third parties to handle and manage the Customer’s payments and repayments. Furthermore, Compare-IT has the assign the claim to third parties, in which case the Customer will be notified thereof.
A receipt is provided in My Pages for all purchases made by the Customer within the App or on the Website. Compare-IT reserves the right to remove a receipt for an individual purchase from the Website after 36 months has passed since payment was received. The Customer may contact Compare-IT’s customer service department if the Customer should need a receipt no longer available on My Pages. However, Compare-IT reserves the right to discard the Customer’s receipts for historical purchases after the time required by applicable law and Generally Accepted Accounting Principles (GAAP) has passed.
Operation of the Services and Compare-IT’s Website
The Services is by default operational 24 hours a day. However, Compare-IT reserves the right to take action affecting the availability of the Services if Compare-IT finds it necessary for technical, maintenance, operational or security reasons and the Customer agrees and acknowledges that all or parts of the Services may be removed from the Services with immediate effect if Compare-IT deems it necessary for safety reasons. In addition, Compare-IT reserves the right, at any time, to alter, add or remove functionality in the Services and to limit the access to and functionality of the Services, e.g. to perform updates and upgrades. The Company is not responsible for any part of interruptions or errors in the Services caused by or in any other way attributable to third parties. The Customer is not entitled to compensation if the Services cannot be used as per above.
For support or other questions regarding the Services, or in case of an error in the Customer’s equipment, contact Compare-IT’s customer service at telephone +46 40-413 700 or by e-mail to firstname.lastname@example.org.
Limitation of liability
Compare-IT shall not be liable for any direct, indirect or other consequential damage to any person or property, economic loss (including loss of profit) or loss of data that may affect the Customer or third parties due to the Services or the Customer’s use thereof. Furthermore, Compare-IT shall not be held liable for infringement of data or lack of data security in connection with the transmission of information via the Internet in the use of the Services. Compare-IT’s liability under this Agreement shall in any case be limited to the amount paid by the Customer for the Service during the preceding twelve (12) months prior to the date of the occurrence of the claim. Claims exceeding this amount cannot be claimed by the Customer against Compare-IT. This limitation shall apply even if other warranties or remedies under this Agreement or which follow by law do not fulfil their purpose.
Term and termination
This agreement takes effect immediately upon the Customer’s subscription of the Services by registering an account on the Company’s Website and/or by registering in the App. The Agreement is valid until further notice and may at any time be terminated by the Customer on My Pages or by contacting Compare-IT’s customer service department.
Compare-IT is entitled to terminate the Agreement with immediate effect if the Customer violates the Agreement or Compare-IT’s instructions or if Compare-IT otherwise considers that the Customer is at risk of seriously disturbing the use of Compare-IT’s system or obviously misusing the Services. Furthermore, Compare-IT reserves the right to terminate this Agreement with immediate effect if Compare-IT decides to shut down whole or parts of the Services, incorporate them with other services or if Compare-IT decides to change the terms for connecting to the Services, e.g. by reason of increasing the functionality or charges for one or more of the Services.
Compare-IT shall be entitled to terminate the Agreement by sending an e-mail to the e-mail address provided by the Customer when registering to the Services. If the Agreement is terminated by Compare-IT due to the Customer’s breach of the Agreement, Compare-IT reserves the right to compensation for damages due to the breach of Agreement.
Right of withdrawal
This Agreement is subject to the Swedish Distance and Off-premises Contracts Act (2005:59). In case the total payment of the Services exceeds 400 SEK (or such lower amount stated in the Distance and Off-premises Contracts Act), the Customer is entitled to terminate the Agreement within 14 days from the day the Agreement entered into force. Any Customer wishing to withdraw from the Agreement shall contact Compare-IT’s customer service to make use of its right of withdrawal.
Compare-IT shall be relieved from liability for failure to perform any obligations under this Agreement to the extent that the failure to perform is due to any circumstance as described below (“Discharging Circumstance”) and the circumstance prevents, or significantly complicates, performance in due time, and Compare-IT is not able to rule over the circumstance. The term Discharging Circumstance shall include, among other things, acts or omissions by governmental authorities, adopted or altered laws and/or regulations, labour disturbances, blockade, damage by lightning, fire, flood, shortage of transport, goods or energy, or failure of delay of delivery of goods or services by a distributor which is caused by a Discharging Circumstance as well as failures in telecommunications or electric current.
This Agreement represents the entire agreement between the parties relating to the Customer’s use of the Services. Apart from Compare-IT’s right to adjustment, amend or otherwise alternate the terms in this Agreement in accordance with this section, any additions or amendments to this Agreement shall be made in writing and signed by both parties.
Compare-IT is entitled to unilaterally amend, add to and otherwise adjust the terms of this Agreement. Such changes will take effect ten (10) days after the announcement of the amended terms has been published on Compare-IT’s Website, sent by e-mail to the Customer or otherwise been provided to the Customer, e.g. by notice in the App. A Customer shall be deemed to have accepted the changes to this Agreement if the Customer (i) uses the Services after receiving information about the amended terms, or (ii) has not terminated the Agreement within ten (10) days after receiving notification of the amended terms in accordance with the above. Notwithstanding the above, Compare-IT is at all times entitled to make changes to the Agreement with immediate effect if required to do so by law, regulation or governmental decision.
This Agreement is personal and may not be transferred by the Customer to any third party. Compare-IT is entitled to transfer all or part of its rights and obligations according to this Agreement to a third party. Furthermore, Compare-IT is entitled to engage sub-contractors for the fulfilment of its obligations.
Governing law and Dispute resolution
This Agreement shall be governed by the laws of Sweden. Any dispute shall be finally settled by the courts of Sweden and in accordance with Swedish law, with the District Court of Lund (Sw. Lunds tingsrätt) as the first instance. If the Customer is dissatisfied with Compare-IT’s actions or has any claims against Compare-IT, the Customer is advised to contact Compare-IT’s customer service.