Terms of Acceptable Use

Terms version: 2022-06-07

1
About these Terms of Acceptable Use
1.1
These Terms of Acceptable Use (Terms) govern how you may access and use the Multiply software as a service platform accessible at: multiply.co and all associated pages and functionalities and our public website available at: multiply.co (Platform).
1.2
By accessing or using the Platform or otherwise indicating your consent, you agree to be bound by these Terms.
1.3
These Terms supplement any separate Multiply SaaS Subscription Agreement (Agreement) you have entered into if you are a corporate customer (Customer). In the event of a conflict between these Terms and your Agreement with us as. Customer, your Agreement will prevail. Customers are solely responsible for ensuring their Authorised Users comply fully with these Terms.
1.4
If you do not agree with or accept any part of these Terms, you must stop using the Platform immediately.
1.5
If you order any goods, services or digital content from the Platform (including any Third Party Services (as defined in clause 11) made available by another third party or User of, or on our Platform) or if you buy a subscription or membership to access restricted or corporate subscriber parts of the Platform separate terms and conditions will apply.
1.6
If you have any questions about the Platform, please contact us by sending an email to [email protected].
1.7
In these Terms:
we’, ‘us’ or ‘our’ means Multiply Potential AB, a company registered in Sweden under organisation number 559225-3768 with a registered office at 106 31 Stockholm, Stockholms Iän, Sweden.
you’ or ‘your’ means the person accessing or using the Platform or its content (also referred to as: a User, a Customer or an Authorised User if you are accessing the Platform via an account provided to you by a Customer.
2
Acceptable use
2.1
We permit you to use Platform only for the purpose and in the manner set out in these Terms. Use of the Platform in any other way, including any unacceptable use set out in these Terms, is not permitted.
2.2
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
2.3
We cannot guarantee continuous and uninterrupted access or use of our Platform. We are not liable for the availability, bugs or errors of the Platform or for any difficulty or failure to download or access the content of the Platform. The Site may be inaccessible during periods of maintenance, updates or modifications. We cannot be held liable in any case for interrupted access to the Site as a result of a maintenance, update or modification operation to all or part of the Site.
2.4
We try to make the Platform as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details above.
3
Unacceptable use
3.1
As a condition of your use of the Platform, you agree not to use the Platform:
3.1.1
for any purpose that is unlawful under any applicable law or prohibited by these Terms;
3.1.2
to commit any act of fraud;
3.1.3
to distribute or introduce viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack) or malware or other similar harmful software code;
3.1.4
for purposes of promoting unsolicited advertising or sending spam;
3.1.5
to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.1.6
in any manner that disrupts the operation of our Platform or business or the Platform or business of any other entity;
3.1.7
in any manner that harms minors;
3.1.8
to promote any unlawful activity;
3.1.9
to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10
to gain unauthorised access to or use of our Platform, computers, data, systems, accounts, networks, the server on which our Platform is stored or any server, computer or database connected to our Platform; or
3.1.11
to attempt to circumvent password or user authentication methods.
3.2
We may prevent or suspend your access to the Platform (including in accordance with clause 13 below) without liability if you do not comply with these Terms or any applicable law.
4
Platform Services
4.1
We may make from time to time, documents, databases, bulletin boards, forums or other communication services and collaboration tools and services for exchanging between Users (Platform Services) available on the Platform.
4.2
We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material or personal data (Content) submitted or uploaded to our Platform Services by you, on your behalf of by any other User. Where we do monitor or moderate Content, we shall indicate how this is performed and who should be contacted in relation to any Content of concern to you. While we try to make sure that Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.
4.3
Notwithstanding the foregoing, we may remove or edit any Content submitted or uploaded to any of our Platform Services or suspend or terminate any User account (including in accordance with clause 13 below), whether such Content or accounts are moderated or not.
4.4
We will use reasonable efforts to:
4.4.1
delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
4.4.2
identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms,
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
4.5
If you believe that any Content which is distributed or published by Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details on the Multiply Copyright Notice page, available here: multiply.co/copyright.
4.6
Any Content you make must comply with our Content standards set out in clause 5 below.
5
Content standards
5.1
Any Content you submit or upload to our Platform Services and any other communication to Users of our Platform by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
5.2
In particular, any Content or communication by you must be:
5.2.1
your own original work and lawfully submitted;
5.2.2
factually accurate or your own genuinely held belief;
5.2.3
provided with the necessary consent or licence of any third party;
5.2.4
not defamatory or likely to give rise to an allegation of defamation;
5.2.5
not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.2.6
unlikely to cause offence, embarrassment or annoyance to others.
5.3
You acknowledge that you are solely responsible for any actions or omissions you undertake in respect of Content, which shall include where you choose to share such Content with third parties (including other Users) via the Platform Services, the Platform or otherwise. You are solely responsible for any access rights or permissions you grant to Users and for proper management of the same, and where applicable, for ensuring any of your (or any applicable Customer’s) internal policies for use of Content on the Platform communicated to you are adhered to by all Users with whom Content is shared. We exclude all liability to the maximum extent permitted by law for any losses resulting from your or any third party’s non-compliance with this clause 5.3.
6
Registration and password security
6.1
Use of the Platform may require registration, particularly in order to access restricted areas of the Platform as a User, Authorised User or Customer.
6.2
We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time (including in accordance with clause 13 below).
6.3
You are solely responsible for making sure that your password and any other account details are kept secure and confidential.
6.4
If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account (including in accordance with clause 13 below).
6.5
Any personal information you provide to us as part of the registration process will be processed in accordance with the Multiply Privacy Policy available at: multiply.co/privacy.
7
Privacy and personal information
7.1
You are acting as data controller of any personal data that you upload into any Content. You are solely responsible for ensuring that such personal data is submitted in accordance with all applicable privacy laws. Where your personal information has been uploaded to our Platform by another User or is contained in any content, the User responsible for uploading such content is acting as data controller of such information and you should contact that User in the first instance in the event of any queries. We are acting as a data processor of such information, meaning that we only process such information on the basis of the User’s instructions as part of our provision of the Platform and the Platform Services. We ensure that we have a data processing agreement in place with our Customers in respect of any personal data we process on their behalf through the Platform and the Platform Services, in order to comply with applicable privacy laws.
7.2
Your privacy and personal information are important to us. Any personal information that you provide to us and which we process as a data controller will be dealt with in line with our Privacy Policy available at: multiply.co/privacy and our Cookies Policy available at: multiply.co/cookies which explain what personal information we collect from you, how and why we collect, store, use and share such information, how we use cookies and other similar technologies on our Platform, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
8
Ownership, use and intellectual property rights
8.1
Multiply Trade marks: “Multiply” is our trademark, a word trademark registered by Multiply pending registration at the EUIPO under application number 018648281. Other trade marks and trade names may also be used on the Platform. Use by you of any Multiply trade marks or other trade marks on the Platform or in the Content is strictly prohibited unless you have our prior written permission or the permission of the trade mark owner or authorised licencee (as applicable). Use of the Multiply trade marks and Multiply IP Rights is also set out in and governed by the Multiply Copyright Notice, available here: multiply.co/copyright).
8.2
Content: You are the owner or authorised licensee of any intellectual property rights or any other rights in or to any Content and any personal data contained therein. In order for us to supply the Platform and the Platform Services to you, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Content (in whole or in part) on the Platform and for us to use the Content in aggregate or anonymized form, in any way connected with our business, including marketing our services to third parties and other Users, (provided that we comply with the Multiply Privacy Policy available here: multiply.co/privacy), and finally for us to commercially exploiting the Content in aggregate or anonymized form, for other customers and third parties and for the purposes of our Platform development and machine learning.
8.3
Platform: The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material we provide or make available via the Platform and the Platform Services (to the exclusion of any Content) (Multiply IP Rights) are owned by us and our licensors.
8.4
We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
8.5
Nothing in these Terms grants you any legal rights in the Platform other than as necessary for you to access and use the Platform Services in accordance with these Terms. You agree not to adjust, try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform.
9
Software
9.1
Software may be made available for you to download in order for the Platform to work better. You will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).
9.2
You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
9.3
You should read any terms and conditions carefully. They may contain provisions that set out your legal rights, your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.
9.4
Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
10
Accuracy of information and availability of the Platform
10.1
We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk. We have no liability whatsoever in respect of any Content.
10.2
We may suspend or terminate access or operation of the Platform at any time as we see fit (including in accordance with clause 13 below).
10.3
Unless otherwise set out in your Agreement with us a Customer, the Platform is provided as a software-as-a-service solution on a one-to-many basis and has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and any Content made available on it.
10.4
Subject to your Agreement with us a Customer, while we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
11
Third Party Services
11.1
You acknowledge that the Platform and Platform Services may enable or assist you to access or use content of third parties via third-party information and/or websites or third-party applications or services (which may also emanate from another User of the Platform) (Third Party Services) and that you do so solely at its own risk. We have no control over Third Party Services and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any Third Party Services does not mean that we endorse that third party’s Third Party Services. Your use of a Third Party Services may be governed by the terms and conditions of that third-party and is at your own risk.
11.2
Accordingly, we make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third Party Services, or any transactions completed, and any contract entered into you with any such third party. Any contract entered into, and any transaction completed via or with any third-party website or with any third-party generally, is between you and the relevant third party, and not with us. We recommend that where relevant, you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Services.
12
Accuracy of information and availability of the Platform
12.1
You assume sole responsibility for any results obtained from the use of the Platform and the Platform Services and/or the, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Platform and the Platform Services, or any actions taken by us at your direction.
12.2
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
12.3
The Platform and the Platform Services are provided to you on an “as is” basis.
12.4
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
12.5
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any: (a) losses that were not foreseeable to you and us when these Terms were formed; (b) losses that were not caused by any breach on our part. OUR LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM AND THE PLATFORM SERVICES SHALL BE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED, IT SHALL BE CAPPED TO THE TOTAL, MAXIMUM AND AGGREGATE AMOUNT OF 1,000 SEK (ONE THOUSAND SWEDISH CROWNS).
13
Breach and suspension
13.1
We shall apply the provisions of these Terms in our absolute discretion. In the event of your breach of these Terms, we may terminate or suspend your use of the Platform, remove or edit Content, disclose Content or any other communication to Users of our Platform by you to law enforcement authorities or take any action we consider necessary to remedy the breach, including in accordance with the Multiply Copyright Notice (available here: multiply.co/copyright). Unless legally prohibited from doing so, we will use commercially reasonable efforts to contact you directly via email to notify you when taking any of the foregoing actions. We shall not be liable to you or any Authorised User, User or any other third party for any such modification, suspension or discontinuation of your or any Authorised User’s, User’s or any third party’s Content or rights to access and use the Platform Services and the Platform.
14
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
15
Variation
15.1
No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
15.2
We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on our Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
16
Disputes
16.1
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
16.2
If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may bring court proceedings in accordance with the terms of clause 16.
17
Governing law and jurisdiction
17.1
The laws of Sweden apply to these Terms, although if you are using the Platform and Platform Services as a consumer (i.e., for non-business purposes) and you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
17.2
Any disputes will be subject to the exclusive jurisdiction of Stockholm District Court, Sweden.