Legal
Welcome to our mobile application and our interconnected website www.eldapp.net, which is run and managed by Shared Experiences AB (Org. no. 559426-5497). These Terms and Conditions regulate the use and access of the mobile application, mobile website linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise.
These Terms and Conditions, our Privacy Policy, Data Processing Agreement, Code of Conduct, Acceptable Use Policy, Disclaimers and Liability Waivers, and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Shared Experiences AB (hereinafter referred to as “Eld”, “we”, “us”, or “our”) and you the users (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
The Platform is free to use and allows you to create public and private events. Public events will be viewable and available to all users of the Platform subject to the settings and terms you select such as number of attendees, etc. Private events may be viewable to other users of the Platform, and you may send an invite to the users you wish to invite. You will be able to set terms of the events that you may create via the Platform, such as specifying activities which will be done in such events. You may also be able to create groups and focused sub-groups for creating an environment suitable for your attendees. On the platform, you are further able to publish photo and video content that will be viewable and available to all users of the Platform. Other users of our Platform can choose to go to events you create and socialise with you and other users of our Platform if you choose to make such event public. When the users arrive at the location of an event, they will be able to view and Chat (defined below in Section 8) with users who are present at the location of the event on the Platform. You can also create groups on the Platform for planning and informing such group participants of events and gatherings and such groups can be public or private depending upon your profile settings.
The types of events you may be able to create shall be as specified on the Platform. We may choose to cancel or terminate events which we may find inappropriate or if we are requested to do so by appropriate authorities. You will be able to interact with other users of the Platform through our Platform subject to our Acceptable Use Policy and our Code of Conduct.
To use our Platform, you must:
3.1 Be at least of age, the age of majority and not disqualified from entering into contracts under any law;
3.2 complete the registration process;
3.3 agree to our Terms; and
3.4 provide true, complete, and up to date legal and contact information
3.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
3.6 By using Platform, you represent and warrant that you will use Platform only for purposes strictly in accordance with these Terms.
3.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you will not use Platform in a way that violates any laws or regulations. We may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
3.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your first name, last name, email, password, date of birth, information about the events you create and make public such as including without limits, start and end times, location, and number of participants etc. (“Personal Data”). You agree that your Personal Data is collected by us through your consent. For additional information please read our Privacy Policy and Data Processing Agreement.
The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your email/username means that you have officially “signed” these Terms.
6.1 To access the Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
6.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
6.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password or one time password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
6.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
6.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
As a user of the Platform, you agree not to:
7.1 systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
7.2 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretenses.
7.3 use a buying agent or purchasing agent to make purchases on the Platform.
7.4 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein.
7.5 engage in unauthorized framing of or linking to the Platform.
7.6 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords;
7.7 make improper use of our support services or submit false reports of abuse or misconduct.
7.8 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
7.9 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
7.10 attempt to impersonate another user or person or use the username of another user.
7.11 sell or otherwise transfer your profile.
7.12 use any information obtained from the Platform in order to harass, abuse, or harm another person.
7.13 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise. Nothing in these Terms shall function to preclude you to sell products and services at an event site or premises however, such sale of items and services are personal to you and your customers. We shall not be liable for any transaction made by you or your customers and nor are we a party to such an agreement between you and your customers/buyers. We shall not be liable for any claims, disputes, damages etc. arising out of such transactions between you and your customers/buyers.
7.14 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
7.15 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
7.16 delete the copyright or other proprietary rights notice from any Platform Content.
7.17 copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
7.18 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
7.19 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
7.20 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
7.21 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
7.22 use the Platform in a manner inconsistent with any applicable laws or regulations.
8.1 The Platform allows you to interact with other users of the Platform using the in-built chat messaging feature (“Chat”).
8.2 You must use Chat at your own discretion and risk. Although we try our best to maintain a user-friendly and safe Platform, you hereby acknowledge and agree that we cannot and do not review the background of our users. You are advised to run your own background checks before meeting any stranger in real life.
8.3 We and our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from interaction among its Members. You agree that the use of our Chat functionality is subject to our Acceptable Use Policy and our Code of Conduct.
9.1 If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to the Swedish Copyright Laws or the “Act On Copyright In Literary And Artistic Works” (the “Act”) as amended from time to time by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: support@eldapp.net.
9.2 Counter-Notice. If you feel that any of your Content was improperly removed or made unavailable to other users, please contact us via the contact information set forth below.
Subject to the Terms, Eld gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from Eld to use, reproduce, modify, distribute, or store any Platform Content for purposes other than using the Platform consistent with these Terms.
11.1 The Platform contains Intellectual Property of Eld in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms and Conditions.
11.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Eld or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Eld. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Eld or its third-party suppliers, as the case may be.
11.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
11.4 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Eld and you hereby irrevocably transfer and assign to Eld such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
11.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we may terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 18.
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 10, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release Eld and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Sweden applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in Sweden with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within nineteen (19) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be Sweden. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
16.1 We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
16.2 When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
17.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
17.2 Relationship of the parties. You and we are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship to you nor any fiduciary duty.
17.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
17.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
17.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to support@eldapp.net. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
17.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
17.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.
You may get in touch with us through our Platform or the address given below:
Shared Experiences AB