General Terms of Use for Nodeark products, software and services.
These General Terms of Use apply to all use of Nodeark's products and services unless otherwise agreed in writing between the parties.
By using Nodeark products and services, you as a user agree to the following terms:
1. A reseller resells a right to use Nodeark Scandinavia AB services through the sale of license cards. Nodeark Scandinavia AB and its sister and parent companies reserve the right, on their own initiative, at any time, to contact and be in contact with end customers and users regarding issues related to Nodeark's functionality, software, products and services.
2. Nodeark Scandinavia AB's commitment is limited to delivering specified functionality, software, products and services within the term specified on the issued license card.
3. Nodeark AB, Nodeark Scandinavia AB with subsidiaries and parent companies are not liable for compensation for downtime lasting less than 8 working hours on weekdays 8:00 am to 5:00 pm Swedish time. Compensation for downtime or reduction of function or delivery cannot exceed the price Nodeark Scandinavia AB has been paid for the product, service or software in question, divided by time for the current downtime.
4. Nodeark Scandinavia AB is not responsible for any errors or changes in brochures and other advertising material. Any errors and changes cannot be used against Nodeark Scandinavia AB.
5. Claims for compensation against Nodeark Scandinavia AB cannot exceed the invoice amount for the product sold. Nodeark Scandinavia AB's liability is limited to direct losses and Nodeark Scandinavia AB is not responsible for production stops, compensation for lost profits and other indirect losses.
6. Nodeark Scandinavia AB is not responsible for delays or deficiencies, which can be attributed to auxiliary measures, replacement or attempts to do so. Nodeark Scandinavia AB is not liable if the following conditions prevent the purchase from being fulfilled or make the implementation unreasonably difficult.
a. Conflict in the labor market or other circumstances beyond the control of the parties that significantly prevent Nodeark Scandinavia AB from fulfilling its part of the agreement.
7. Nodeark Scandinavia AB functionality, software, products and services are designed for normal commercial use. Use of the products in critical systems such as security, operational, monitoring, production systems or similar is not permitted without written permission.
8. Nodeark Scandinavia AB cannot be charged for costs incurred by resellers, end customers or others as a result of downtime, changes, product line changes or phase-outs in systems, hardware, products, software created by or delivered by Nodeark AB, Nodeark Scandinavia AB or its sister, parent and subsidiary companies unless this is expressly approved in advance in writing by Nodeark Scandinavia AB or other companies mentioned above.
9. Nodeark's products and services may only be resold and may not be modified, repackaged, distributed, OEM/ODM produced or included in any other service or product without the express written permission of Nodeark Scandinavia AB.
10. Nodeark Scandinavia AB reserves the right to change the range of apps, features, services and products without the consent of the reseller or customer. Terminations, changes and disruptions in the delivery of TV services, streaming material and functions that are beyond Nodeark's control cannot be blamed on Nodeark.
11. Nodeark Scandinavia AB's offer includes a 1-year purchase warranty on all hardware (if no optional services for extended warranty are applied in writing), support for resellers and end customers is handled weekdays 8:00 am to 5:00 pm Swedish time via chat, mail, telephone where incoming support cases are handled in order of priority and to the best of our ability.
12. Nodeark Scandinavia AB may at any time, and without being charged for any costs incurred as a result thereof, terminate a business relationship with resellers and status as a customer, reseller or similar. Quotations, orders and other commitments are not valid after their validity period has passed without Nodeark Scandinavia AB being able to be charged for any costs incurred by the customer or reseller as a result thereof.
13. Nodeark Scandinavia AB is committed to ensuring that services and software comply with applicable data protection laws and regulations. If these services are made available online through so-called cloud services, Nodeark Scandinavia AB is the data processor.
14. Disputes concerning the interpretation or application of these terms and conditions and related matters shall be settled by arbitrators in accordance with the Arbitration Act (1929:145). Arbitration shall take place in Gothenburg. However, a party may bring an action before a general court to recover an undisputed claim. In such cases, a disputed counterclaim may not be invoked by way of set-off, but such counterclaim shall be decided in arbitration.
Last revision: April 22, 2022
(This is a translation of the original document which is issued by Nodeark in Swedish. The Swedish original prevails and is legally binding.)