End-user terms for the use of Extellio services
Version 2022-1.0, published 2022-10-12
1 General starting points
1.1 These end user terms ("End User Terms") apply between you and Extellio International AB, org. no. 556555-1321, ("Extellio") when you create an account to use Extellio services and/or products, in particular in the form of access to features of the Extellio online platform ("Online Services"). The Online Services means the services provided to the Customer by Extellio, the content thereof and any documentation related thereto - including upgrades, modified versions, updates and additions to these services and the content thereof and/or related documentation.
1.2 Extellio has entered into a separate agreement with a legal or natural person ("Customer") for the use of the Services (the "Service Agreement"). Use of the Online Services is subject to the existence of a valid Service Agreement to which your use is subject.
1.3 The Customer has given you an authorization to create a user account (the "User Account") within the framework of the Service Agreement, which also requires that you accept the End User Terms specifically addressed to you. As the End User Terms set out what you need to be aware of when using the Online Services, Extellio would like to stress the importance of you reading them.
2 Prohibitions on the use of the Online Services
2.1 When using the Online Services, you may not:
a) access, store, distribute or transmit any device or thing (including software, code file or application) that may:
(i) impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network, or any other service or device;
(ii) prevent, impair or otherwise adversely affect the access to or operation of any program or data, including the reliability of any program or data (whether by rearranging, modifying or deleting the program or data in whole or in part or otherwise); or
(iii) adversely affect the user experience, including worms, Trojan horses, viruses and other similar items or devices.
b) except as permitted by applicable law that cannot be excluded by agreement between the parties and except to the extent expressly permitted by the End User Terms:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Online Services (as applicable) in any form or media or by any means; or
(ii) attempt to reduce all or any part of the Online Services to human form by reverse engineering, disassembly or otherwise; or
c) access all or any part of the Online Services and documentation to build a product or service that competes with the Online Services;
d) use the Online Services to provide services to third parties;
e) use the Online Services in such a way that they affect the functionality of the Customer's website (or other digital applications on which the Online Services are used) or do not comply with the Customer's policies;
f) license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Online Services available to any third party; or
g) attempt to obtain, or assist third parties to obtain, access to the Online Services.
3 Prohibitions on the content you create
3.1 You may not access, store, distribute or transmit any material during your use of the Online Services that:
a) is unlawful, harmful, threatening, defamatory, obscene, abusive, harassing, or racially or ethnically offensive;
b) promotes illegal activities;
c) depicts sexually explicit images;
d) promotes illegal violence;
e) is discriminatory on grounds of race, gender, skin color, religious belief, sexual orientation or disability;
f) does not comply with the Customer's policies; or
g) in a manner that is otherwise unlawful or causes damage or harm to any person or property.
4 License
4.1 Extellio grants you, through your User Account, a time-limited, non-exclusive and non-transferable license to use the Online Services and their content during the term of the Service Agreement in accordance with these End User Terms, the general terms and conditions, and the Service Agreement, accepted by the Customer.
4.2 All rights, including all copyright and other intellectual property rights and all other rights, in the Online Services, and in all content of the Online Services such as text, illustrations, photographs, film clips, sound clips and 3D animations, are owned by Extellio and the respective author(s).
4.3 The Online Services may only be used within the Customer's business and as specified in the Service Agreement. You are therefore responsible for contacting the Customer if you are in any doubt as to what applies to you.
5 Extellio processing of your personal data
5.1 If Extellio processes any of your personal data, you need to read the Extellio Privacy Policy and Cookie Policy, which are available via the Extellio website.
5.2 Extellio may also, as set out in the Service Agreement, process your personal data on behalf of the Customer as a data processor.
6 Your use and handling of personal data
6.1 As a User, you are given some leeway to manage Online Services where the personal data of others - in addition to that of other Users - may be present, such as website visitors and recipients of or respondents to surveys ("Other Personal Data)". As a User, you have a responsibility to find out whether the Customer or Extellio is the data controller of Other Personal Data. If you are unsure, please contact us at persondata@extellio.se.
6.2 If Extellio is the controller of Other Personal Data, the following applies.
i As a User, you may not knowingly upload Other Personal Data to, or collect Other Personal Data using, the Online Services - for example, through Session Recordings or by asking respondents to provide Other Personal Data in surveys.
ii If you gain access to Other Personal Data in the Online Services, you must notify Extellio without delay. In most cases, you can do this directly in the Online Services.
iii Other Personal Data that you access through the Online Services may also not be disclosed, stored, or made available without your consent.
6.3 If the Customer is responsible for Other Personal Data, you should inform yourself of the Customer's applicable Privacy Policy and/or other policies relating to the Customer's personal data management.
7 Penalties for breach of contract
7.1 If you violate the End User Terms, Extellio reserves the right to discontinue your access to the Online Services with immediate effect, temporarily or permanently. Violations may also result in Extellio choosing to also terminate the agreement with the Customer. In addition, Extellio may bring claims for damages against you or the Customer.
8 Other
8.1 Our failure to enforce any right or provision of the End User Terms will not be deemed a waiver of those rights. If any provision of the End User Terms is held to be invalid or unenforceable by a court, the remaining provisions of the End User Terms will remain in effect.
8.2 Extellio reserves the right to modify the End User Terms from time to time in light of future developments, changes, new versions of the Online Services. If you do not agree to the new End User Terms, you will not be granted access to the Online Services.
8.3 The End User Terms shall be governed by and construed in accordance with Swedish law, without regard to its conflict of law provisions.
Contact details
If you have any questions about the End User Terms, please contact us at helpdesk@extellio.com.