Terms of Service of Eucaps and Eucaps Engage
Dated: March 1st, 2024
The following points are a summary of important sections of the terms and conditions contained in this agreement:
- Eucaps Communication AB is committed to protecting your privacy and strives to protect your personal information in the best way possible.
- Eucaps Communication AB and its partners process your personal data to enable you to use the content distribution services of Eucaps Communication AB.
- Eucaps Communication AB processes personal data solely for the purposes of operating a website where paid users can manage a company profile page and update publicly visible content on that company profile page.
- For market research purposes, your personal data is anonymized before use.
Consent to terms of service of Eucaps and Eucaps Engage
By using Eucaps and Eucaps Engage, you are consenting to these terms of service of Eucaps and Eucaps Engage (“Terms and Conditions”) of Eucaps Communication AB (BIBLIOTEKSGATAN 28, 102 51 Stockholm, Sweden), “Eucaps Communication AB” or “Eucaps”, herein, and you are also consenting to the General Terms of Service of the Eucaps website. Thus, you have also accepted our processing of your personal data, including our ability to transfer this data to third parties or for processing outside the EU/EEA (European Economic Area) according to the General Terms of Service of Eucaps website.
Priority
These Terms and Conditions take priority over the General Terms of Service of Eucaps website when the two contradict, and especially in relation to the Eucaps and Eucaps Engage services. For everything that is not regulated in the Terms and Conditions, the General Terms of Service of Eucaps website and the law still applies.
Identification, adaptation and risk assessment
To be able to positively identify you and prevent unauthorized use or misuse of Eucaps and Eucaps Engage, Eucaps Communication AB must verify your identity. Eucaps Communication AB collects additional information such as corporate data, personal identity number of the representative(s), name, address, and, when credit options are selected, credit information from various providers. Eucaps Communication AB must also use information you might have provided for previous purchases, publicly available information on the internet, or information about how you have met our payment terms in order to make a risk assessment. Eucaps Communication AB automatically adapts the risk assessment, and thereby the formulation of the service, each time you use the service. By completing your purchase, you are confirming the company’s identity, the correct legal representation of the company, and the correct invoicing address.
Payment of fees
Different payment options can be provided by Eucaps or by partners of Eucaps. For payment options you may be obliged to accept payment-specific terms and conditions in order to get access. Taxes or charges may apply depending on the chosen payment option; see the individual payment terms for the option you choose during the online process. Eucaps may at any time add or remove one or more payment options of those offered.
Third party services
In addition, Eucaps and Eucaps Engage services may include or offer additional or optional services and add-ons, including professional services, third-party software and services. If third party services are used or ordered through the Eucaps and Eucaps Engage service, you may be obliged to accept such third- party terms and conditions in order to get access to such services.
Representations and warranties
You represent and warrant that the information you provide is accurate and that you may enter into agreements freely and without the approval of a legal guardian, financial advisor, or any other person. You also represent and warrant that the person representing you has authority to enter into this agreement and agree to its Terms and Conditions in their entirety and that this person’s actions are on the legal entity’s behalf. By providing personal data about other people, you are confirming that you have consent to disclose such data and that this data may be used for the purposes and in the ways described in these Terms and Conditions.
Misuse
Use of information that is not yours or that you otherwise do not have the right to use, as well as the use of Eucaps otherwise in ways not intended, will be assessed by Eucaps as misuse. All information related to the misuse or suspected misuse of Eucaps, for example by specifying incorrect or misleading information, is saved and may be used for future risk assessments and to protect those parties involved. The user may be blocked from further access to Eucaps. Your compliance with the Terms and Conditions and payment terms for Eucaps’ services also affects the risk assessment when using Eucaps and thus your ability to use all the payment options.
You shall be responsible for the activities conducted by your representatives (its employees, consultants, directors, agent or any other authorised by Customer) within Eucaps and Eucaps Engage and shall use Eucaps and Eucaps Engage in compliance with all applicable laws in conjunction therewith. All content uploaded to, transferred through, publicly posted, processed or entered into the Eucaps website and Eucaps Engage by You shall be your sole responsibility.
You shall use Eucaps and Eucaps Engage solely for investor relationships and related business purposes and shall not:
- license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make your Eucaps and Eucaps Engage access available to any third party
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- knowingly send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, allow a “bot” or other not approved automated process to interact with Eucaps and Eucaps Engage;
- interfere with or disrupt the integrity or performance of Eucaps and Eucaps Engage or the data contained therein; or
- attempt to gain unauthorized access to Eucaps and Eucaps Engage or its related systems or networks.
- You shall not modify, copy or create derivative works based on Eucaps and Eucaps Engage or disassemble, reverse engineer, or decompile Eucaps and Eucaps Engage.
Customer Content
It is of outmost importance that the rights of others are respected in the use of Eucaps and Eucaps Engage. All content uploaded to, transferred through, published, processed or entered into Eucaps and Eucaps Engage, by you, is your sole responsibility. This shall also in all aspects be applicable for content produced by Eucaps as part of the agreed professional services provided to you. You shall be responsible for monitoring this content and shall be liable vis-à-vis Eucaps for ensuring that content published by you does not infringe any third-party rights nor in any other manner violates the Terms and Conditions, Eucaps instructions and applicable law, and that the content otherwise is appropriate. You must therefore analyze and critically assess its obligations before publishing content via Eucaps and Eucaps Engage.
Among other things, this means that You must ensure that you do not, through your content:
- commit a criminal act;
- distribute information that may not be distributed;
- distribute false financial information;
- slander, defame, persecute, discriminate against (with regards to e.g. race, skin color, nationality or ethnic origin, religious belief or sexual orientation, disability or illness), threaten or in any other way violate or attack another person or his or her rights;
- distribute material that is inappropriate, vulgar, offensive, dishonest, unsuitable, racist, pornographic or sexist;
- send, or allow to be sent, unordered advertising such as spam or otherwise use the Services to transfer or publish content that mainly consists of concrete commercial offers, e.g. advertisements, click through offers and price lists or similar;
- copy, sell, disseminate, publish or use Eucaps’ or any of Eucaps Communication AB’s other customer’s or users’ content or other material (if you have not obtained express consent for this);
- claim to be anyone else or in any other way give a false description of your connection with another person or organization;
- make available such material that you do not have the right to publish according to law or because of an agreement or obligation of loyalty (such as trade secrets, insider information or confidential information);
- breach any applicable data protection legislation; or
- infringe, assist in infringing, or enable others to infringe, any patent, trademark, trade secret, copyright, neighboring rights, registered or unregistered design protection or other intellectual property rights.
You must also ensure that you have adequate rights to publish the content via Eucaps and Eucaps Engage, and by publishing the content you guarantee to have such rights. You are obliged to:
- have received all necessary consents from relevant third parties, or ensure that there is another legal ground for the processing, so that the processing, including publishing of content via Eucaps does not infringe anyone else’s rights;
- ensure that there is a legal ground for the publishing from all persons who are visible in images or in films uploaded, to the extent required by law;
Eucaps may at its sole discretion, at any time and without prior notice thereof to user of Eucaps or Eucaps Engage, delete, partially or in whole, published content if Eucaps assesses it to be in breach of the Terms and Conditions. Eucaps Communication AB shall, upon direct request inform you about the deletion and the reason for it.
EUCAPS’s use of your content
In order for Eucaps to provide the Eucaps website to the public, you hereby give Eucaps Communication AB a non-exclusive, free of charge, global and otherwise unrestricted right to, for this purpose, process, use, publish, copy and make available content, directly or indirectly, to the general public as long as the content is available to Eucaps.
Limitation of liability etc.
In addition to that which is subject to the Terms and Conditions or mandatory consumer legislation, Eucaps is not liable under any circumstances for any damage directly or indirectly caused by the use of Eucaps and Eucaps Engage. Swedish law shall apply, and any dispute will be resolved by a civil court.
Except for any legal responsibility that Eucaps Communication AB cannot exclude in law (such as mandatory product liability, personal injury or death), Eucaps is not liable for loss of income, profits and savings, loss of contracts, loss of production, loss of goodwill, loss of data or other information, claims by third parties, consequential loss or any other indirect loss. For the avoidance of doubt, Eucaps is not liable for damages related to, if applicable, your obligations to communicate investor-related information due to applicable securities laws and stock exchange rules. Further, Eucaps’ aggregate liability in any one calendar year shall not exceed the sum that you have paid EUCAPS during the same calendar year.
Eucaps Communication AB is not liable for the permanent availability of Eucaps and Eucaps Engage or any other loss or outcome arising from any of the situations, including lack of accessibility and security, interruptions, risks and faults.
With regards to content, material or any third-party services, Eucaps does not guarantee that any content, material or service that is provided by third parties is correct, reliable, complete, accessible or lawful and Eucaps is not liable for any damage or loss related to defects in such content, material or service.
You shall defend and indemnify Eucaps for any claim, suit or proceeding brought against Eucaps by any third party arising out of or connected to your use of the Eucaps or Eucaps Engage including claims related to content published by your within Eucaps and Eucaps Engage.
To the extent permitted by law, Eucaps Communication AB disclaims all other warranties with respect to Eucaps and Eucaps Engage, whether express or implied, including without limitation, fitness for a particular purpose, accuracy or reliability of results from use of Eucaps and Eucaps Engage, that Eucaps and Eucaps Engage will meet specific requirements, that Eucaps and Eucaps Engage will be uninterrupted, completely secure or free of software
Updates
Eucaps Communication AB is constantly working to develop and improve Eucaps and Eucaps Engage. Eucaps reserves the right to implement new versions, upgrades and packaging of Eucaps and Eucaps Engage including, but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of Eucaps and Eucaps Engage, at any time without prior notice. You will be informed in advance should Eucaps assess the changes to be of essential importance for you.
Access to the Services, Passwords etc
Eucaps Communication AB safeguards Eucaps and Eucaps Engage and it is important that it can be used securely and safely.
You shall ensure that user identities and passwords for accessing Eucaps and Eucaps Engage are stored and used in a secure manner and cannot be accessed and thereby used by non- authorized third parties. You shall be liable for any unauthorized use of Eucaps and Eucaps Engage.
Where it is suspected that any unauthorized person has become aware of a user identity and/or password, you shall immediately inform Eucaps thereof and change such user identity and/or password.
Eucaps Communication AB reserves the right to close your access to Eucaps and Eucaps Engage at any time if Eucaps considers that you are in breach of the Terms and Conditions or that there is a security risk.
Changes, additions, and other services
Eucaps Communication AB changes and constantly improves its services, and it reserves the right to change the Terms and Conditions for the further use of Eucaps and Eucaps Engage. So, always carefully review the Terms and Conditions. For other services that Eucaps Communication AB or its partners provide, Eucaps or Eucaps’ partners apply their respective prevailing terms and conditions and the price list for such services. If it turns out that a certain condition is not enforceable, this shall not affect any other conditions.
For existing purchases, Eucaps may change the Terms and Conditions too. You shall be informed of such changes by e-mail, or through information being made available within Eucaps and Eucaps Engage or on the Eucaps website. Any changes come into force one (1) month after Eucaps has, as set out above, informed you thereof.
Links to or from other websites
Eucaps Communication AB neither approves nor verifies any external or third-party website or application, and Eucaps is not responsible or liable in any way for their content. To the extent you use a third-party website or application, the terms and conditions of that website or application apply.
Termination
Your right to use Eucaps and Eucaps Engage continues until the term of a chosen service of Eucaps and Eucaps Engage comes to an end or until Eucaps terminates your user account, for instance following the rights of Eucaps Communication AB under the General Terms of Service of Eucaps website. Such termination is effective immediately but does not affect the terms and obligations of completed purchases (unpaid invoices, fees, etc.) or the right to process personal data in the manner set forth above.
Invalidity
If a court, agency, or arbitration board were to find that any provision of these Terms and Conditions is invalid or unenforceable, the provision in question and all other provisions shall be applicable and enforceable to the fullest extent permitted by law. The provisions declared to be invalid or unenforceable will be replaced by relevant legal guidance and advice.
Transfer of the Services
The agreement that comes in effect after selecting a service in Eucaps and Eucaps Engage and accepting these Terms and Conditions is valid between the parties and may not be assigned or transferred unless agreed in writing. However, Eucaps Communication AB may, in full or in part, transfer the provision of Eucaps and Eucaps Engage to another company. All rights and obligations that apply between you and Eucaps Communication AB will then instead apply between you and the company that takes over Eucaps and Eucaps Engage.
Applicable law and disputes
The agreement and the relationship between you and Eucaps Communication AB will, unless otherwise stipulated in mandatory applicable law, be interpreted and applied in accordance with Swedish law (although except for such international civil law provisions that involve the application of the law in any other jurisdiction). Disputes arising from the agreement or the relationship between the parties will, unless otherwise stipulated in mandatory applicable law, be decided by the general courts, with Stockholm District Court as the first instance.