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General Terms and Conditions for the Use of Aguarius Apps Services.
Aguarius AB
Nordenskiöldsgatan 24
211 19 Malmö
Sweden
These Terms of Use (the “Agreement”) are entered into between the entity/person using or accessing the Services (the “User” or “You”) and Aguarius AB (“Aguarius” or “we”), collectively referred to as the “Parties” or each a “Party”.
This Agreement together with the Aguarius privacy policy govern your use of app related services operated by Aguarius .
Aguarius Services may include, but are not limited to, mobile applications and/or websites operated by Aguarius. These Services include all features and functionalities, including but not limited to websites, user portals, mobile applications, Application Programming interfaces (APIs), content, and user interfaces.
By registering for the Services (by creating a user account in the app) and accepting this Agreement you enter into an agreement with Aguarius which allows you to use the Services as it is.
By downloading and installing the Aguarius apps or creating an account on our website, you confirm that you are over 18 years of age and agree to these terms of use.
To Use Aguarius Services, you must create an account in the Aguarius app or portal. To be able to create an Aguarius account, you need a full name and an email address.
By accepting this agreement, you also agree that the agreement is entered into electronically. This also applies to future changes. Furthermore, you accept that based on this user agreement and services you connect to in the app, we communicate with you by e-mail and also send Push messages in the app. The Communication is strictly limited to update or change in the functionalities of Aguarius services.
The Aguarius Ecosystem has the functionality that allows integration of Aguarius app/Portal with other apps and services developed by third parties. These apps and services may have their own terms of use, technical limitations, privacy statements, etc., which govern your use of these apps. Aguarius does not guarantee current or future compatibility with these apps. If you have problems with, or are dissatisfied with, an integration or a third-party app, your rights are limited to disabling the integration and/or uninstalling the third-party app and ceasing to use the services.
You will cooperate with Aguarius by providing such information and materials as Aguarius may reasonably require to supply the Services and ensure that such information is complete and accurate in all material respects.
You yourself are responsible for ensuring that the information you provide to Aguarius is up-to-date and correct. You are also responsible for ensuring that passwords and login details are handled securely.
In the event of the loss of your mobile phone on which the application operated by Aguarius has been installed, you shall immediately notify Aguarius. We may then take measures to secure your data and, if necessary, block access to your account. If you do not give such notification and the mobile phone in question remains in illegitimate use, Aguarius reserves the right to claim incurred losses as a damage from you in accordance with applicable law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a consumer.
You agree that Aguarius retains all rights, title and interest (including all Intellectual Property Rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed Aguarius’s confidential information) and that Aguarius reserves any licenses not specifically granted in this Agreement. You acknowledge and agree that you have no right to obtain a copy of the software behind any of the Services and that Aguarius has sole discretion to make updates, bug fixes, modifications, or improvements to the Services from time to time. Aguarius reserves the right to change or remove features of the Services from time to time.
The use of the Services is the sole responsibility of the User. The Services are supplied “as is” and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Agreement.
Nothing in this Agreement shall operate so as to exclude or limit either party’s liability to the other for death or personal physical injury arising out of negligence, fraud or fraudulent misrepresentation.
Aguarius shall not be liable concerning any subject matter arising from or related to this Agreement, the Services or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever; or (v) damages in the aggregate for all claims in excess of amounts paid to Aguarius by the User or partner (hereunder during the 12-month period preceding the date on which the first claim arose), even if Aguarius has been advised of the possibility of such damages. These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein.
Aguarius and our Approved partners, collect and process data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (EU/2016/679), known as GDPR, and other applicable national data protection legislation. Each party shall comply with its obligations under Data Protection Legislation in respect of personal data processed by it in connection with the Agreement and the Services.
You have the right to access, change and delete your personal data as long as Aguarius has no legal obligation to keep the data. You can contact us about this at gdpr@aguarius.com.
Aguarius may use non-personal data collected in the provision of the Services to (i) improve the Services and its other products and services, and (ii) share statistical information with its partners.
For further information, please see our privacy policy.
Aguarius is the sole owner of all rights belonging to the service and all material published in the Aguarius app. The Materials include, but are not limited to, text, data, apps, digital services, graphics, audio, images, typography, integrations and code, and all documents are distributed through the Aguarius App or on the Website.
Aguarius can, immediately and without prior notice, ban your access to Aguarius Services if public authorities require this or if it is necessary for technical, operational or maintenance reasons. This also applies in emergency situations, including in the event of serious threats to health, safety or the environment, natural disasters, war or war-like conditions, extensive strikes or lockouts, or in the event of a serious risk of sabotage against networks and services.
The agreement runs until it is terminated by you or Aguarius. We have the right at any time to terminate the agreement or block your access to the Aguarius services, for example if you have or are suspected of having used the Services illegally or have breached the agreement with us.
Regardless of which party terminates the agreement, you agree that, to the extent permitted by applicable law, we have no responsibility or liability to you, and that we will not refund any amount of money you have already paid. You can stop using the services at any time. If you wish to cancel and terminate your user account in the Aguarius App/Portal, please contact us by sending an email to gdpr@aguarius.com.
We may from time to time make changes to the Agreement. Aguarius also reserves the right, at its sole discretion, to modify, remove, or add features and functionalities to the user app at any time. While we strive to notify you of any significant changes, it is the responsibility of the user to regularly review updates and features of the app and portal. By continuing to use the app and the portal after any such changes, the user signifies their acceptance of the updated or modified features. If you do not wish to continue using the Service under the new version of the Agreement or with other features and functionalities, you may terminate your Agreement by contacting us.
Disputes about the interpretation and/or application of this agreement must be settled according to Sweden law by an ordinary court or other body that is considered competent under the law.
Aquacheq Support is open Monday through Friday from 08:00 to 17:00 CET, excluding major holidays.
