Terms of Use

TERMS OF USE AGREEMENT

Welcome to Trygg! By using our mobile application, you agree to the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, please do not use our mobile application.

Ownership and Use of Mobile Application

Trygg owns all rights, titles, and interests in and to the mobile application, including all intellectual property rights. You are granted a limited, non-exclusive, non-transferable licence to use the mobile application for its intended purpose, as described in the Purchase Order and in these Terms of Use.

License Grants and Proprietary Rights

Licence by Trygg: Subject to the limits set out in the relevant Order Form (such as Trygg License Package quantities of User licences), from the Effective Date and until termination of this Agreement by either party, Trygg grants to the Partner a non-exclusive, non-transferable, royalty-free, revocable licence (without right to sublicense

to any third party other than its Users) to access and use the Trygg Platform strictly in accordance with this Agreement.

Trygg and its licensors retain and own all right, title and interest and all

Intellectual Property Rights in and to the Trygg Platform, its Confidential Information, Trygg Equipment and the Trygg Guidelines, and all enhancements, improvements to or derivative works of it.

Trygg’s Intellectual Property and Ownership Rights. As between User and Trygg, Trygg and its licensors retain and own all right, title and interest and all Intellectual Property Rights in and to the Trygg Platform, Trygg Confidential Information, Trygg Materials, Trygg Guidelines, Consultancy Services provided and all enhancements or improvements to, or derivative works of any of it created or developed by or on behalf of Partner or Trygg. Nothing in these Terms transfers or conveys to the User any Intellectual Property Rights in

Trygg Platform, Trygg Confidential Information, Trygg Materials, Trygg Guidelines, Consultancy Services.

User Conduct

You are solely responsible for your use of the mobile application, including any content that you submit or transmit through the mobile application. You agree not to use the mobile application for any unlawful purpose or in any way that could damage, disable, overburden, or impair the mobile application or interfere with any other party’s use and enjoyment of the mobile application.

User Content

You acknowledge that you are solely responsible for any content that you submit or transmit through the mobile application. You represent and warrant that you have all necessary rights to submit or transmit such content and that such content does not infringe upon the intellectual property rights of any third party.

Privacy and Data Collection

By using the mobile application, you agree to our Privacy Policy, which is incorporated into these Terms of Use by reference. Our Privacy Policy outlines how we collect, use, and protect your personal information and other data. In addition, our collection and processing of personal data are subject to the requirements of the GDPR. We will only collect, use, and process personal data in accordance with the GDPR and our Privacy Policy. Users shall retain ownership of all Intellectual Property Rights in the Partner Data.

Except as may otherwise be permitted, Users will not:

(a.) reproduce, publish, display, distribute, sell, share, sublicense, transfer, rent, lease, publish, broadcast, timeshare, loan, disclose or otherwise make available the Trygg Platform or any part of it to any third party;

(b.) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Trygg Platform, or any part of it,

(c.) modify, translate, adapt, alter or create derivative works based upon the Trygg Platform or any part of it;

(d.) remove any proprietary notices, labels, trademarks or service marks on the Trygg Platform; or

(e.) use the Trygg Platform for any purposes other than those explicitly stated in the Agreement.

User Rights

Under the GDPR, you have certain rights with respect to your personal data, including the right to access, correct, and delete your personal data, the right to object to processing, and the right to data portability. If you wish to exercise any of these rights, please contact us using the contact information provided in the Trygg mobile application.

Data Processing Agreements

If you are a customer of the Trygg platform and subject to the GDPR, we will enter into a data processing agreement with you that meets the requirements of the GDPR. This agreement will govern the processing of personal data that is subject to the GDPR.

Legal Compliance: Both parties will comply with the Data Protection Legislation, and this section is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.

Disclaimer of Warranties

THE MOBILE APPLICATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRYGG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL TRYGG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE MOBILE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification

You agree to indemnify, defend, and hold harmless Trygg, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the mobile application or your violation of these Terms

Modifications to Terms of Use

We reserve the right to modify these Terms of Use at any time, in our sole discretion. Any changes to these Terms of Use will be effective immediately upon posting on the mobile application. Your continued use of the mobile application after any changes to these Terms of Use constitutes your acceptance of such changes.

Governing Law and Venue

These Terms of Use and your use of the mobile application shall be governed by and construed in accordance with the laws of England, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these Terms of Use or your use of the mobile application shall be brought exclusively in a court of competent jurisdiction in England.