Locka terms of use

I. Scope

The following are terms of a legal agreement between you (“You” or “Your”) and Locka Group AB, a company established under the laws of Sweden, having its seat in Trollhättan SE-461 32, Drottninggatan 1, Sweden; and its subsidiary and affiliated companies (“We” or “Locka”). These Terms of Use apply to the use of our Websites and Software by natural persons.

This document regulates the terms of:

1. use of our websites, namely www.locka.com, that can be accessed and used by everyone, subject to the exception indicated below (“Websites”);
2. use of our software products, web and mobile applications, that are available only to our customers who have a subscription agreement for our software services, license for our software, partners who have a partnership agreement with Locka, or prospects who have been granted access to demo versions of our software services, and that can be accessed and used only by persons authorised by our customers or partners (“Software”);

(hereinafter “Terms of Use”).

Websites

Everyone can freely visit and use our Websites and their content without revealing any personal information about himself/herself. However, persons who are not of the age of majority should not be eligible to use the Websites, and we ask that no information in relation to such persons is submitted to us.

Through our Websites, you have access to a variety of resources and content. These include, in particular: up-to-date information about Locka and its services, interesting articles, a variety of images, photographs, graphics, audios, videos as well as product-related white papers, materials, brochures, presentations, data sheets, etc. (“Content”). We often give you the possibility to download certain Content associated with our services.

By accessing or using the Websites or the Content provided on or through them, you agree to follow and to be bound by these Terms of Use concerning your access to and use of the Websites and the Content provided on or through them.

Software

The terms of use of our Software are regulated by an agreement binding Locka and its customer or partner being the company with which you may be professionally associated. In consequence, these Terms of Use do not affect the terms of the agreement binding Locka and its customer or partner and do not influence the way Locka renders its services to it. However, the Terms of Use should be applicable to the use of our Software by you as an individual (natural person). References to Locka customers set out in these Terms of Use shall apply accordingly to Locka prospects who have been granted access to demo versions of our Software. All the terms referring to our customers’ users shall apply accordingly to our prospects’ users who have been granted access to demo versions of our Software.

You may access our Software only if you have a valid authorisation from the company being Locka’s customer or partner and if you were given authorised login details. Under no circumstances may you attempt to gain unauthorised access to the Software or its related systems or networks.

You may use the Software solely within the scope agreed between Locka and the company being its customer or partner with which you are related. The scope and terms of services that Locka offers to a customer or a partner with which you may be associated remain a business secret between Locka and its customer or partner and such details may be disclosed to you only by the customer or partner. Technical requirements that are necessary to use our Software are described in the agreement between Locka and its customer or partner.

Notwithstanding the above, when using the Software you must not:

• (i) permit any person to access the Software if he/she is not authorised to do so;
• (ii) create derivative works based on the Software;
• (iii) copy, frame, or mirror any part or content of the Software, other than copying or framing on our customer’s or partner’s own intranets or otherwise for customer’s or partner’s own internal business purposes;
• (iv) reverse engineer the Software;
• (v) access the Software in order to (a) build a competitive product or service, or (b) copy any features, functions, or graphics of the Software;
• (vi) make the Software available to anyone other than authorised users;
• (vii) sell, resell, rent, or lease the Software (it does not apply to Locka’s partners if such right(s) arises (arise) from the partnership agreement with Locka);
• (viii) use the Software to store or transmit infringing, libellous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights;
• (ix) use the Software to store or transmit malicious code;
• (x) interfere with or disrupt the integrity or performance of the Software or third-party data contained therein.

By accessing and using the Software, you agree to follow and be bound by the provisions of these Terms of Use that apply to the use of the Software.

By accessing and using the Websites or the Software, you agree to our Privacy Policy.

Locka reserves the right to revise the Terms of Use and Privacy Policy at any time, without notice to you. In case we make any amendments to these Terms of Use and/or Privacy Policy, we will promptly provide the updated version of the same to ensure you are always informed. The revised Terms of Use and Privacy Policy will be effective when provided.

II. Use of the Content

You may download, store, display on your computer, view, listen to, play, and print the Content that Locka publishes on or broadcasts over its Websites or makes available for download through the Websites, subject to the following:

1. the Content may be used solely for your personal, informational and non-commercial purposes, except where expressly authorised by Locka; and
2. you should not attempt to use any Content found on the Websites as your own;
3. the Content may not be modified or altered in any way without Locka’s prior written consent; and
4. the Content may not be redistributed, reproduced, or publicly displayed without Locka’s prior written consent.

The Content of the Websites is provided as a convenience to users and Locka is not obligated to provide any technical support in relation thereto.

Authorised users may use the content of the Software in line with point 1 above and with the terms of a separate agreement between Locka and its customer or partner.

III. Online Communication Channels

Locka may offer communication channels on its Websites or through third-party’s social networks (such as LinkedIn or Facebook) which enable its users to communicate with Locka and other users and to express their thoughts or opinions by posting comments. These channels are maintained to facilitate the dissemination and exchange of information pertaining to Locka products and services. You must understand that all content posted to a given communication channel is the sole responsibility of the individual who originally posted the content. You must also understand that all opinions expressed in the online channels do not necessarily reflect the opinions or thoughts of Locka. Locka will have the right to remove any of your content and/or to terminate your access to and use of the online communication channels should Locka consider, in its sole discretion, your statements or conduct to be inaccurate, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms of Use or applicable laws. You agree not to post any encryption source code, corresponding object code, software, technology, confidential information or instructions within Locka’s online communication channels or elsewhere on its Websites.

You hereby agree not to harvest or otherwise collect information about others, including email addresses, or to use Locka’s online communication channels or information obtained from these channels to send unsolicited emails of any kind to other users. Locka will not be responsible or liable for the accuracy or availability of any information appearing or available on the online communication channels or for any decisions made based on such information.

IV. Intellectual Property

The Content of the Websites as well as Locka’s Software, unless noted otherwise, are the intellectual property and copyrighted works of Locka. All rights, titles, and interests not expressly granted with respect to the Content and the Software are reserved. The Locka logo is a registered trademark of Locka Group AB and all rights to it are reserved. They cannot be used by any third party unless expressly authorised in writing by Locka.

Material provided by You

You guarantee that You have the rights to use any material that You provide to Locka for use in any project or Locka’s Software. Locka cannot be held liable for the use or misuse of any material provided by You.

V. Your Representations

You agree that you will not use the Websites or the Software in a manner that:

1. invades another’s privacy or includes, copies, or transmits another’s confidential, sensitive, or personal information;
2. violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights;
3. violates or promotes the violation of any applicable laws or regulations; or
4. contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of the Websites or the Software.

You agree not to access or use the Websites or the Software in any manner that could damage, disable, overburden, or impair any Locka’s Software, accounts, computer systems or networks. You agree not to attempt to gain unauthorised access to Locka’s Software, any accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper function of the Websites, the Software or any Locka accounts, computer systems or networks. You agree not to use any robot, spider, scraper, or other automated means to access the Websites, the Software or any Locka’s accounts, computer systems or networks.

You agree not to use the Websites, their Content, and the Software for any purpose that is unlawful or prohibited by these Terms of Use.

VI. Secure access and usage

Access to our Software is restricted to authorised users only. Unless agreed otherwise with Locka’s customer or partner, you may be prompted to enter your username and password on the login site. You agree not to share your password(s) and account information or access with any other person. You are responsible for maintaining the confidentiality of your password(s) and account information as well as you are responsible for all activities that occur by the use of your password(s) or account(s) or as a result of your access to the Software. You agree that the data and the content presented or processed by the Software are based on business data owned by our customer or partner. Such data are strictly confidential under agreements with our customer or partner and cannot be disclosed by you to any third parties.

You agree to immediately notify Locka once you find out about any unauthorised use of your password(s) or account(s) or about any other breach of security. Unless agreed otherwise with Locka’s customer or partner, you should always ensure that at the end of each session you log out from your account. Locka will not be responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge.

VII. Privacy Policy

Your privacy is of the utmost value to us and it really matters here at Locka. We have developed a privacy policy to address privacy concerns. Privacy Policy, among other things, includes information on how Locka handles your personal data. For more information, please follow Locka’s Privacy Policy.. Any personal information collected via our Websites or Software will be treated in accordance with Locka’s Privacy Policy.

VIII. Termination of Use

Locka may, in its sole discretion, at any time, discontinue providing or limit access to the Software, the Websites, their parts, or any Content. You agree that Locka may, in its sole discretion, at any time, terminate or limit your access to or use of the Software, the Websites, or any Content. Furthermore, Locka reserves the right to terminate or limit your access to or use of the Software or the Websites if it determines, in its sole discretion, that you have infringed the copyrights of Locka or a third party. You agree that Locka will not be liable to you or any third party for any termination or limitation of your access to or use of the Software or the Websites or their Content.

IX. Indemnification

You agree to indemnify and hold harmless Locka, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your violation of these Terms of Use or your violation or infringement of any third party rights, including intellectual property rights.

X. Links to Third Party’s Websites, Content, Products, or Services

To the extent Locka provides links on its Websites to websites, content, products, or services of third parties, Locka is not responsible for any third party content provided on or by such websites or for any changes or updates to such third party’s websites and you, as a user, bear all risks associated with access to and use of such websites and third party’s content, products, and services.

XI. Disclaimer

Except where expressly provided otherwise, the Websites and all the Content provided on or through the Websites, are provided on an “as is” and “as available” basis. Locka expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Websites and all the Content provided on or through the Websites.

Locka makes no warranty that:

1. the Websites or the Content will meet your requirements;
2. the Websites will be available on an uninterrupted, timely, secure, or error-free basis;
3. the results that may be obtained from the use of the Websites or any Content provided on or through the Websites will be accurate or reliable; or
4. the quality of any Content obtained by you on or through the Websites will meet your expectations.

Any Content accessed, downloaded, or otherwise obtained on the Websites or through the use of the Websites is used at your own discretion and risk. Locka shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of the Content obtained on or through the Websites.

Locka reserves the right to make changes or updates to, and monitor the use of, the Websites and the Content provided on or through the Websites at any time without notice.

XII. Limitation of Liability

In no event shall Locka be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to or use of the Websites or any Content provided on or through the Websites.

XIII. Exclusions and Limitations

Should some jurisdictions not allow the above disclaimer or exclusion or limitation of certain warranties or liabilities, to the extent that they are deemed legally invalid, they should not apply and all other terms of these Terms of Use shall remain in full force and effect.

XIV. Legal Compliance

You may not access, download, use, or export the Websites or the Content provided on or through the Websites, in violation of applicable export laws or regulations or in violation of any other applicable laws or regulations.

XV. Severability

The failure of Locka to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, illegal, or invalid, the provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms of Use shall remain in effect. The balance of the Terms of Use shall not be affected.

XVI. Applicable Laws

All matters relating to your access to and use of the Websites and the Content provided on or through or uploaded to the Websites, or your use of our Software as an individual shall be governed by the laws of Sweden.

All disputes that may arise out of or in connection with these Terms of Use shall be settled amicably. If the parties to the dispute fail to reach a settlement, such dispute shall be finally settled by arbitration in accordance with the Rules of Arbitration of the Stockholm Chamber of Commerce. The arbitration procedures shall be held in Stockholm. The language of the arbitration proceedings shall be English. Either party may enforce the award of the arbitral tribunal before any competent court.

XVII. Contact Us

Should you have any concerns, comments, or questions related to these Terms of Use, you may contact us via moc.akcol@ofni.

Also, if you have any reservations or complaints regarding our compliance with these Terms of Use, please first contact us and we will investigate and do our best to resolve all of them.

You may also contact us via postal mail at the following address:

Locka Group AB
Drottninggatan 1
SE-461 32 Trollhättan
Sweden

Last version: 11 april, 2024