Introduction

CHATIZARD SERVICE TERMS OF USE (THE "TERMS") ARE PART OF A LEGAL CONTRACT BETWEEN PRIVACYONE AB ("PRIVACYONE", "CHATIZARD", "WE", OR "US") AND PERSONS OR ENTITIES ("YOU" OR “YOUR COMPANY”) USING THE CHATIZARD SERVICE.

1. Subject Matter of the Agreement

(a) This Agreement governs the relationship in the field of intellectual property arising from providing permission from Chatizard to you for the right to use the object of intellectual property for Chatizard products, services, and documentation, in the manner and on the Terms specified herein.

(b) Chatizard grants you, subject to the payment and the Terms of this agreement, in particular the restrictions set forth in this Agreement, a non-exclusive license (the "License") to: (i) install and use Chatizard service solely on a computer system controlled by you for internal operations; or (ii) to adapt, configure Chatizard service solely for the purpose of supporting the operation of your product.

(d) You shall not, and shall not permit any third party to: (i) modify, or create any derivative work of, any part of Chatizard service. (ii) sell, license, sublicense, publish, display, distribute, disseminate, assign, or otherwise transfer (whether by sale, exchange, lease, gift, or otherwise) without written consent of Chatizard to a third party Chatizard service. (iii) disassemble, decompile, reverse engineer Chatizard service or otherwise attempt to gain access to its method of operation or attempt to discover any source code or trade secrets related to the service.

(d) The territory of the License issued under this Agreement is the whole world.

(e) The period of validity of a License issued hereunder is annual, subject to the payment schedule execution.

2. License Levels and Trials

(a) These Terms apply to Chatizard service when used on a monthly basis.

3. Procedure and Conditions of the Services Provision

(a) Generally. During the Term of this Agreement and subject to your compliance with these Terms, Chatizard will provide to You, and You are hereby granted the right to use Chatizard Service at the applicable License Level.

4. Limitation of Liability

IN NO EVENT SHALL PRIVACYONE AB BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF PRIVACYONE AB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Limited Warranty and Warranty Disclaimer

EXCEPT AS SET FORTH IN SECTION 6(a), CHATIZARD SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND PRIVACYONE MAKES NO ADDITIONAL WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO CHATIZARD SERVICE AND ITS DOCUMENTATION SERVICE OR ANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PRIVACYONE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO CHATIZARD SERVICE PROVIDED TO YOU UNDER THIS AGREEMENT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED IN CONNECTION WITH YOUR USE OF CHATIZARD SERVICE.

6. Termination of the Agreement

(a) The term (Term) of this Agreement shall commence when You begin download, deploy or Chatizard provides You the access of Chatizard Service...

(b) You may terminate this Agreement at any time, for any reason. You shall not be entitled to any refund if this Agreement is terminated. Termination of this Agreement shall not release you from any obligations undertaken by You under this Agreement, or from any obligations to pay PRIVACYONE for any outstanding fees.

7. Confidential Information

(a) Both parties acknowledge that, in the course of performing this Agreement, they may obtain information relating to products (such as goods, services, and software) of the other party, or relating to the parties themselves, which is of a confidential and proprietary nature (Confidential Information). Confidential information shall include in particular but not limited to to employee lists, product strategies, information security policies and procedures (and reports relating thereto), development activities, design and coding, application programming interfaces (API) and documentations with Chatizard Service, and anything provided by Chatizard in connection with Chatizard Service including, without limitation, computer programs, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical plans and other information which by its nature can be reasonably expected to be proprietary and confidential, whether it is presented in oral, printed, written, graphic or photographic or other tangible form (including information received, stored or transmitted electronically) even though specific designation as Confidential Information has not been made. Confidential Information also includes any logs, notes, summaries, analyses of the foregoing that are prepared by the receiving party.

(b) The obligations of confidentiality shall not apply to information which (i) has entered the public domain or is otherwise publicly available, except where such entry or availability is the result of a party's breach of this Agreement; (ii) prior to disclosure hereunder was already in the receiving party's possession without restriction as evidenced by appropriate documentation; (iii) subsequent to disclosure hereunder is obtained by the receiving party on a non-confidential basis from a third party who has the right to disclose such information.

(c) During the period of the effect hereof and after its termination the Parties shall keep in confidence and use all reasonable efforts to prevent any unauthorized use or disclosure of confidential information. Besides, neither party may (i) use confidential information for any purposes other than for performance of this Agreement, or (ii) disclose confidential information to any third parties without previously agreeing this with an authorized representative of the other party.

8. Intellectual Property

Chatizard guarantees that use of the IP Objects by you shall not infringe the third parties' rights and shall indemnify and hold you harmless from all and any loss, incurred by you with respect to infringement of tangible or non-property moral intellectual property rights of third parties on IP Objects where such infringement is established by the court. For the avoidance of any doubt, the Parties agreed that if claims of third parties against you regarding infringement of their property or moral intellectual property rights in the IP Objects and/or parts thereof by you are not proven, Chatizard shall in no case be subject to compensation.

9. ARBITRATION AND APPLICABLE LAW

(a) This Agreement shall be regulated and interpreted in accordance with the substantive law and procedural law of Sweden.

(b) Disputes and disagreements under this Agreement, which cannot be settled by mutual negotiations, should be referred to the Court in accordance with the rules of jurisdiction and the jurisdiction of this category of cases, according to the current legislation of Sweden.