Meaplus Service User Agreement V1.7
This Meaplus service user agreement (the “Agreement”) governs your registration and use of Meaplus (“the Service”) offered to you by Meaplus AB, Väster Kolsva, 713 13 Kolsva, Sweden (“Meaplus”). The Service helps you set up your own digital identity by managing a private role together with your PDI user client and to use that role to make transactions with other individuals and applications on-line, to sign and to store data about your transactions. Please read this Agreement completely before starting to use the Service. By signing the Agreement with your electronic signature, you accept the terms of this Agreement. If you do not agree to the terms and conditions of the Agreement you may not access or otherwise use the Service. The Service may be used only pursuant to the terms and conditions set forth below.
1. Right to use Service
1.1 Service user licence. Subject to your compliance with the terms and conditions of this Agreement, Meaplus grants you the right to use the Service.
1.2 Usage restrictions. You are NOT PERMITTED to a) impersonate another person when accepting this Agreement or using the Service, b) use the Service to store unlawful material or material in violation of third party privacy rights, c) use the Service to store malicious code, d) interfere with or disrupt the integrity or performance of any application or software system connected to the Service, e) attempt to gain unauthorised access to any systems or content related to the Service or f) permit any third party directly or indirectly to access or use any part of the Service.
1.3 Service updates. You acknowledge that Meaplus retains the right to, without prior notification to you, change, ad, modify or remove features or functionality from the Service from time to time.
2. Your Obligations
2.1 Provision of correct registration information. You must ensure that the information you provide when registering for the Service is correct. You are also responsible to keep such information updated at all times.
2.2 Responsibility for use of Service including signatures. You must carefully study the functions of the Service to be aware of the obligations and liabilities arising out of your use of Service. You are responsible for all activities that are carried out through use of the Service and for all obligations towards third parties resulting from use of the Service. You are aware that when you use the Service to sign documents, this has the same implications for you as if you sign the document in paper form and you are legally bound by such signatures.
2.3 Protection of personal passphrase. To enable certain functions, the Service creates one or more private keys for you, each of which you must protect with a personal passphrase (the “Passphrase”). The Passphrase is personal and may only be used by you. You are responsible for protecting your Passphrases from unauthorised disclosure or access and may not reveal a Passphrase to any third party or note down a Passphrase where someone may find it and understand its use as passphrase for the Service. Should you find out or suspect that your Passphrase has become known or risks becoming known to a third party, you shall immediately change the revealed Passphrase and take any other action as instructed by Meaplus. You acknowledge that Passphrases are not backed-up or retrievable by Meaplus and understand that if you lose a Passphrase you will no longer be able to retrieve the Service Data or any other information processed through your use of the Service.
2.4 Responsibility for your hardware and network connections. You are responsible for the hardware and network connections needed to properly use the Service and to ensure that your computer and IT-systems are protected against unauthorised access e.g. by appropriate anti-virus and firewall programmes.
3. Protection of your personal data
3.1 Service Data. You are responsible) for all information you transfer by the use of Service, including your Service Data and any personal data (information relating to an identified or identifiable natural person) contained therein. “Service Data” is data which is stored in the Service including the unique ID and signatures of transaction participants, date and time of the specific transaction, subject line of the transaction and information about which digital application that created or configured the transaction and the ID of the owner of that application. In order to be able to directly access your Service Data and have the option to also store documents and files signed and/or transferred through the Service you will need to sign a separate archive service agreement with Meaplus or another provider.
3.2 Meaplus processing of personal data. By submitting your name and contact information when registering for the Service you agree to Meaplus’ processing of this data as well as your unique ID for purposes of fulfilling its obligations under this Agreement including providing Service functions and administration of the Service. Meaplus does not share your personal data with any third party unless you ask Meaplus to do so or if Meaplus is required to do so by law or judicial decision.
3.3 Hosting of Service Data. Except as set out in 3.2. Meaplus serves as processor and will process your Service Data to provide the Service to you as set out in this Agreement, or as otherwise instructed by you. In the event that Meaplus uses third party service providers to host the Service Data, Meaplus will ensure that such third-party service providers have signed an appropriate personal data assistant agreement to adhere to the provisions of this Agreement and applicable law. If you are using the Service from within the EU, EEA or Switzerland, your Service Data will only be hosted by a service provider inside this geographic area or in another country which has been approved by the European Commission as third country providing adequate protection of personal data.
3.4 Your access to your personal data. The personal data and content which you have used in the Service will be stored locally on your computer or mobile phone in encrypted form. You can access and delete or move your personal data stored locally through the Service interface.
4. No warranties
4.1 Disclaimer. Meaplus provides the Service on an “AS IS” and “AS AVAILABLE” basis and you are aware that you use the Service at your own risk. Meaplus does not warrant that the Service will meet your requirements or work in combination with any hardware or applications provided by third parties, that the Service will be uninterrupted or error-free, or that defects in Service will be corrected.
5. Intellectual property
5.1 Ownership. Meaplus retains on behalf of themselves and/or the original owner, any and all intellectual property rights including trademark rights in the Service and its documentation.
6. Your liability for use of the Service
6.1 Damage to you or your property. You are responsible for any damage or injury inflicted on you due to faults in your hardware or network connections, software or service subscriptions.
6.2 Liability towards Meaplus and third parties. Unless anything else is expressly stated in this Agreement, you are responsible towards Meaplus and any third party for damage or injury due to, or arising out of, your breach of this Agreement, your improper use of the Service and/or your violation of any law or the rights of a third party.
7. Meaplus’ liability
7.1 Limited liability. You acknowledge that Meaplus takes no responsibility for your use of the Service or for any damage or loss, including the loss of the Service Data, through unauthorised access to your Passphrase and/or private key or through faulty Internet connections or other technical issues that are beyond the control of Meaplus. Notwithstanding any other provision of this Agreement, Meaplus will in no event be liable for incidental, indirect or consequential damage or for loss of use or data, lost profits, savings or revenues of any kind, or the User’s obligation to compensate a third party, even if Meaplus has been advised of the possibility of such damage.
8. Term, termination and right to suspend Service
8.1 Term of Agreement. This Agreement is valid from the date you accept these terms until it is terminated as set out below.
8.2 Your right to terminate. You may terminate this Agreement at any point in time by giving notice to Meaplus and ceasing the use of the Service.
8.3 Suspension of Service. Meaplus retains the right, at its sole discretion, to suspend the Service with immediate effect and no right to compensation for you in case it has reason to believe that you are in breach of any provision of this Agreement.
8.4 Meaplus’ right to terminate. Meaplus may terminate this Agreement without any right to compensation for you if a) you materially breach any provision of this Agreement and do not cure such breach within thirty (30) days after receiving notice of the breach from Meaplus, b) Meaplus is obliged pursuant to legal provision, public authority regulations or court order or c) if you have not used the Service for six (6) consecutive months and after thirty (30) days after notice from Meaplus still have not logged on to, or given Meaplus notice that you wish to continue using, the Service.
8.5 Effects of termination. Upon termination of this Agreement, you may no longer access the Service and Meaplus reserves the right to delete all Service Data.
9.1 Change of terms. Meaplus retains the right to change the terms of this Agreement upon reasonable notice you at any point in time. In case you do not agree with such changed terms, you may terminate this Agreement as set out in section 8. If you choose to continue to use the Service after the revised agreement has entered into force, this will be considered as your acceptance of the revised agreement.
9.2 Assignment. You have no right to assign this Agreement to any third party.
9.3 Force majeure. Neither party shall be liable for a failure to perform any obligation hereunder if such failure is caused solely by circumstances beyond that party’s control and which cannot be reasonably foreseen or avoided, including governmental demands or requirements, for the period during which such performance is defective or delayed due to such circumstances. The party suffering from any such circumstance shall immediately inform the other party about the circumstance and give an estimation of how long it will last. If a supervening condition cannot be overcome within a reasonable period of time or if such a condition – if prevailing – threatens the proper execution of this Agreement, this Agreement may be terminated with thirty (30) days’ notice.
9.4 Applicable law. This Agreement shall be interpreted and construed under and governed by Swedish law.
9.5 Dispute resolution. All disputes, differences or questions arising out of or in connection with this Agreement shall be finally settled by Swedish courts.