(the “Terms of service”) govern your use of ESICS (the “Service” as defined below) provided by us, MAFI Group AB, Reg. No. 556679-4417 having its registered address at Seljavägen 15, 792 95 Mora. By accepting the Terms of service, an agreement is entered into by you (“you”) and MAFI Group AB, (“we” or “us”).
The Service is provided through our webpage https://mafigroup.com (the “Webpage”). By using the Service or accepting a User Account from us you accept these Terms of service. If you do not agree to these Terms of service, please do not use the Service provided by us.
The Service – ESICS – is a system for optimising equipment-mounting solutions made and marketed by us, by calculation, modelling and analysis of the relevant location using GIS data.
Everyone using our Service is, in these Terms of service, referred to as “Users or you”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms of service.
The Service is delivered using a calculation solution provided by a third-party chosen from time to time by us in our sole discretion (“the “Data Provider”).
Furthermore, you shall note that the Data Provider’s service could be hosted by Amazon Web Services (“AWS”) or any other third party as a cloud service, as chosen by us from time to time in our sole discretion (the “Cloud Service Provider”), and you shall read and approve the applicable AWS Service Terms (or the relevant Cloud Service Provider Service Terms) prior to use of the Service. The AWS Service Terms can be found here: https://aws.amazon.com/service-terms/.
Provided that you accept and adhere to these Terms of service, you are granted a non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of service.
You understand and accept that certain parts of the Service may belong to third parties, and that we have no control over such parts. You subsequently understand and accept that we cannot be held liable for such parts of the Service supplied by third parties.
We do not grant you or anyone else permission to copy or alter the Service in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or reverse engineer the Service or its components. It is not permitted to re-create the source code or its functionality, nor to make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service to distribute viruses, trojans or similar programs.
All intellectual property rights in the Service and parts of it belong to or are disposed of with license by us. Nothing in these Terms of service shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
In order to use the Service, you will have to obtain a User Account from us (the “User Account”) and sign into the Service. Instructions on how to obtain a User Account are given on the Webpage.
Once you have obtained a User Account, you may choose a username and a password to sign into your User Account on the Webpage and the App. The username and password which you choose must not be harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violate these Terms of service.
Your account is personal, and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your User Account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your User Account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your User Account if we have reason to believe that any third party has gained unlawful access to your User Account.
Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your User Account is left inactive during a period of 365 consecutive days, we have the right to cancel your User Account permanently.
You must not use the Service for anything other than its intended purpose. Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, we ask you not to use the Service.
You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
If a fee will be charged for the Service it will be stated in a separate agreement between you and us. We may change the price for the Service from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. If there’s a specific length and price for your Service offer already in effect, that price will remain in force for that time. Otherwise, price changes will take effect at the start of the next applicable subscription period following the date of the price change.
The Service is provided ‘as is’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Service.
There may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control for which we cannot be held responsible for. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of service or the inability to use the Service. We are not responsible to you for any third-party claims made against you. Our total liability to you in connection with the Service, for any injuries, losses, and legal actions, shall under no circumstances exceed the fee charged by us on the transactions made by you through the Service.
You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of service, including but not limited to the misuse of the Service and unfair marketing. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of service or other applicable law.
We shall not be made liable for any direct or indirect damage due to the Cloud Service Provider’s or the Data Provider’s breach of their respective obligations under the Service or anything that relates to an omission of the Cloud Service Provider or the Data Provider.
We have the right to make changes and updates to these Terms of service. We will inform you of any such changes at the latest thirty (30) days before an adjustment enters into force. We will give you such information by clear notice here https://mafigroup.com or by email to the email address provided by you.
You have the right to terminate your User Account from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of service. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of service. We may assign and transfer our rights under these Terms of service without your consent and without notice to you.
These Terms of service shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any dispute or claim arising out of or in connection with these Terms of service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.