Terms Of Service For Idfyed
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Parties
You and Idfyed Solutions AB
The following Terms of Service (the ”Terms”) apply to your use of the digital service Idfyed between Idfyed Solutions AB, Reg. No. 559189-1006 (the ”Company” or ”we”) and you as an individual (”you”). It is the Company who provides and are responsible for the digital service Idfyed and therefore not any of the companies, including their group companies, that provide the platforms where Idfyed is provided as an application (app or service), such as the Apple Group or the Google Group (hereinafter referred to as “Apple” or “Google” or jointly “Distributors”). Consequently, these Terms do not apply between you and the Distributors. However, Apple has the right to assert these Terms towards you as if Apple had been a party to this Agreement. Apple shall be deemed to have accepted this right.
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Introductory provisions
What is Idfyed
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Idfyed is a digital service for inter alia safe and secure login and open or anonymous identification, where you as a user control what information you want to provide about yourself. Our ambition is to constantly develop Idfyed and therefor the exact design and features will change over time. The service Idfyed is provided and used through an app (the “App”) and is free of charge for its users.
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You will be able to use Idfyed in relation to such companies, authorities, organisations and associations that have entered into an agreement with the Company regarding Idfyed (“Third Party”) for services that the Third Party has chosen to connect to Idfyed. If you miss our service with someone, feel free to tell them about Idfyed.
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By downloading and starting the App you register a user account with Idfyed. At that time, you enter into an agreement with us in which you accept the fact that your rights and obligations regarding Idfyed are governed by these Terms and you agree to comply with them. You also confirm that you have obtained the information about personal data in accordance with Idfyed’s privacy policy, which is an integral part of these Terms, please see below.
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Installation of the App and creation of a user account
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To use Idfyed, you must register as a user with one of the Distributors and download the App. When you start Idfyed you will receive a user account (the “User Account”) through registration.
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By downloading the App, you will receive a free of charge, non-transferable and non-exclusive right to use the App during the contract period, on a mobile device (hereinafter referred to as the ”Device”) in accordance with these Terms and those terms that apply between you and the Distributors. For the Apple App Store, that right applies only to an Apple product which you own or control.
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Terms for the User Account
How you are supposed to handle the User Account and the Device where Idfyed is installed
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The Device you have used for downloading the App will be connected to your User Account. The User Account is personal and only allowed to be used by you. Therefore, you undertake to ensure that no one else but you can use any login details or pin codes linked to the User Account or the Device, and that these are stored in such a way that unauthorised persons cannot access the information. If the Device is lost or stolen or if you suspect that your User Account is being used unauthorised, you are obliged to report and request that your User Account is blocked (in accordance with section 5 below).
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You are responsible for those actions made with your login details. However, this only applies to the extent permitted in accordance with applicable law and according to the agreement entered into with a Third Party through any unauthorised use of the User Account. We are not responsible for any losses caused by the unauthorised use of your login details / pin code or your User Account, unless the Company has been negligent.
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You undertake to protect the Device against unauthorised infringement to a reasonable extent (e.g. by always using automatic screensaver and pin code). You should not use passwords containing personal information, neither when using Idfyed nor the Device.
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You are responsible for ensuring that all information you provide when registering an account with Idfyed or any other use of Idfyed is accurate. You are responsible for all consequences of providing incorrect information.
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Block or delete the User Account
An opportunity for you to delete, and for us to block the User Account in certain situations
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By following the instructions on idfyed.com (the ”Website”) you can delete your User Account and any information about you stored therein. If you also want data which you have provided to Third Party to be deleted, you must contact them directly.
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At any time, and without prior notice, we have the right to block a User Account in whole or in part, if you, for example, breach or we suspect you to breach these Terms or other terms regarding Idfyed, or if it comes to our attention that you have lost the Device or login details/pin code. We may also block the User Account if we cannot fulfil our obligations under these Terms due to any legislation, regulations, governmental decisions or similar circumstances.
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Availability and functionality
What you can expect from Idfyed
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Idfyed is provided free of charge and therefore our liability under these Terms is limited. Nevertheless, we do our best to make Idfyed work in the best way without interruption. However, unfortunately, we cannot guarantee that Idfyed will be error-free or without disruptions, that errors will be corrected within a certain time or that the App or other components required for the App to function are free from harmful entities. To avoid any misunderstanding, the Distributors has no obligation to provide maintenance and support services for Idfyed.
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Technical disruptions caused by special maintenance work, further development and/or other disruptions (such as internet connection errors, data breaches or collaboration partners’ service interruptions) may limit and/or occasionally prevent the ability for you to use Idfyed and, in worst case, cause loss of data.
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Your responsibility as a user
What kind of damages and losses you are responsible for towards us and others
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You are only allowed to use Idfyed and the User Account for your own non-commercial use. You are responsible to ensure that the use of Idfyed do not:
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causes harm or other inconvenience to the Company or anyone else;
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infringes our or anyone else’s copyright or other intellectual property rights;
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violates any other terms you have undertaken to comply with; or
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violates any law or authority’s regulation or decision.
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You guarantee that you are not located in any country that is subject to export restrictions issued by the United States Government or that has been assessed by the United States Government as a country that supports terrorist activities (Title 15, Part 740 Supplement 1 Country Group E i U.S. Code of Federal Regulations). Furthermore, you guarantee that you are not included in any list of individuals with whom companies may not enter into agreements with (or similar list of” prohibited or restricted parties”), drawn up by the United States Government.
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Towards us and others, you are responsible for damages and losses which:
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arise through unauthorised use (i.e. in violation of these Terms or other regulations of Idfyed) and in the event of any failure of negligence on your part in the use of Idfyed, the Device or the processing of your information;
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arise due to errors or deficiencies in the information you have provided within Idfyed;
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arise due to errors or deficiencies in your internet connection, data- and communication equipment, software on your Device or the internet or phone subscription; and
arise out of your criminal proceedings.
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Our responsibility as supplier
What requirements you may impose on us if Idfyed does not work or causes you a loss
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The Company provides Idfyed, the App and the User Account “as is” and are not responsible for damages caused by errors or disruptions in the App. Therefore, we are under no circumstances obliged to pay compensation or damages for any errors, deficiencies, loss of data or other breach of contract on our part that goes beyond what is stated in this section 8. Furthermore, we are under no circumstances liable for indirect damages, unless the damage was caused by our gross negligence. These limitations of our liability shall however not apply when mandatory legislation provides otherwise. To avoid any misunderstanding, it is only we, and not the Distributors, that have this responsibility.
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To the extent permitted by applicable law, the Distributors has no warranty obligations regarding Idfyed. The Company are solely responsible for any claims, losses, liability, damages, costs or expenses incurred because of failure to comply with any of the warranties in these Terms. Thus, the Distributors have no such responsibility and nor are responsible for any claims regarding Idfyed or your use of Idfyed, including, but not limited to:
claims regarding product liability;
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any claims saying Idfyed does not comply with a specific requirement according to applicable law; and
claims relating to consumer protection.
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Cancellation rights
Your right to cancel registration of Idfyed
As stated below in section 10, you as a user may, at no cost, terminate the agreement with us at any time by notifying the Company in writing. If you prefer to use a standard form to withdraw your registration, this is available on the Website. If you rather wish to exercise any right of cancellation towards a Third Party with whom you have entered into an agreement with through your use of Idfyed, you must contact this Third Party directly.
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Term and termination
For how long the agreement is valid and how and when you can terminate it
After you have started the App and accepted these Terms the agreement regarding Idfyed between you and the Company will become effective. The agreement is valid until further notice and may be terminated by you or the Company at any time without notice. Termination must be made in writing, for example by mail.
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Intellectual Property
We retain the rights to Idfyed
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All intellectual property and technical rights attributable to Idfyed and the software, services and features contained in Idfyed belong to the Company or to anyone else that have been authorised by the Company. No content may be copied or used without our written consent.
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If the Company or the Distributors (Apple or Google) notify you that Idfyed is suspected of infringing on someone else's intellectual property rights (i.e. if someone claims that we use something that is not ours in the Idfyed service), you agree to cease using Idfyed and uninstall the App as soon as you receive this notice. We (not Apple or Google) are responsible for investigating and taking responsibility for any such infringement.
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Amendments and changes
How we may change/amend these Terms, and how you get access to such changes/amendments
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The Terms and the information we provide to you through Idfyed or on the Website constitute the entire agreement between you and us regarding the use of Idfyed.
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The Company have the right to make amendments and changes to these Terms and will notify you through Idfyed in a reasonable time before amendments or changes are implemented. However, there is no need to notify if the amendment or change is of limited importance or is caused by a change in law or regulation or governmental decisions.
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A new version of these Terms is effective from the time set out in the new version. After such time, it becomes effective against you the first time you use Idfyed, or in any other way approves the new terms. The from time to time applicable Terms is available in the App and on the Website.
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Assignment
Our right to assign the rights to provide Idfyed
We have the right to assign the agreement governed by these Terms, including all or part of the related rights and/or obligations, to someone else. In the event of an assignment, you will be informed of who has taken over the contractual relationship by notification through Idfyed and information on the Website. If we assign the Terms to someone else, they have the right to provide the same or similar services on another website. You cannot assign your agreement with us without the prior written approval, on the other hand, you may terminate it.
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Governing Law and dispute resolution
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These Terms shall be governed by and construed in accordance with the laws of Sweden.
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Dispute arising out of or in connection with the agreement between you and the Company regarding Idfyed and/or these Terms shall primarily be resolved through negotiations. If no agreement can be reached, the dispute shall be settled by a Swedish court.
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Contact details
Do not hesitate to contact us on the following contact details if you have any questions or complaints regarding Idfyed.
Idfyed Solutions AB
The House, Björklundavägen 10, 436 57 HOVÅS
E-mail: help@idfyed.com
Telefon: +46 31 28 11 11