Terms and Conditions

These terms and conditions (“Terms and Conditions”) apply to business customers (“Customer” or “Customers”) when using "the Service". To view terms and conditions for private customers, please click here. The Service is provided by OptiQueue Nordics AB, registration number 559286–3251, with address Drottninggatan 78, 111 36, Stockholm, Sweden, hereinafter ("OptiQueue", "we" or "us"). When using the Service, you agree to follow what is stated in these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use the Service.

ABOUT THE SERVICE

The Service is a cloud-based digital service that helps companies and organizations to create customized waiting lists, member lists and interest lists and to easily and effectively administrate and manage these lists. The Service is a subscription service and gives the Customer access to the Service during the period that the subscription is valid.

GENERALLY

In order to use the Service, the Customer must create a business account (“Account”). Information on how to create an Account will be presented on our website. The Account applies to all employees who is granted access to the Service and the same login details will be used by all users within the company. The Account is company-specific and may not be transferred to another company or to an unauthorized person outside the company or organization. All users are responsible for protecting login credentials from unauthorized access, and to not share (intentionally or negligently) any login credentials with any third party or otherwise allowing any third party to use the Account or access the Service in any other way. If Customer has reason to believe that a third party has gained access to the Service, the Customer must notify us immediately. We have the right, but no obligation, to suspend access to the Account if we have reason to believe that a third party has gained unauthorized access to the Account.

PROCESSING OF PERSONAL DATA

When Customer uses the Service, we may process personal data regarding a natural person who uses the Service. In our Privacy Policy you will find all information on how we process personal data and how personal data is processed by external companies that may gain access to personal data when Customer uses the Service. Please click here to see our Privacy Policy.

SUBSCRIPTION

The Service is a subscription service that can be ordered from our website. Customer has the option to subscribe on a monthly or annual basis. Price information, notice period and information about what is included in each subscription will be presented adjacent to each subscription alternative. We therefore urge all Customers to read through the subscription information regarding each subscription before ordering the Service.

The subscription runs in accordance with the subscription the Customer has chosen and with the contract period stated when the Customer ordered the Service. If the Customer does not cancel the subscription running on an annual basis at least one month before the new annual contract period begins, a new contract period begins automatically. Customer has the right to terminate the Service, subject to any applicable notice period, and remove the content which the Customer has provided in the Service at any time. This can be done in logged-in mode under "Payment". Note, however, that payment is made for each started month of Customer’s use of the Service, and the Customer is thus entitled to use the Service for the already paid period.

OptiQueue reserves itself for any typographical or publishing errors on the website.

PAYMENT

All payments are handled by our payment provider Bambora and are subject to their payment terms. The payment terms are available here. Payment will be made as soon as you approve the payment and amount, then the amount will be automatically deducted on the 25th of every month or every year depending on the Customer’s current subscription. Payment plans are available here. Should payment, for whatever reason, not be received after OptiQueue has sent out a payment reminder, OptiQueue has the right to suspend the Customer from access to the Service until payment is received.

LIMITATIONS OF LIABILITY

The Service are provided as is. We make no warranties, direct, implied or otherwise, regarding the availability, quality, functionality or accuracy of the Service. Under no circumstances is OptiQueue responsible for any material that the Customer adds to the Service on its own. The Customer is solely responsible for the correctness of the information provided in the Service and guarantees that this information does not infringe the rights of third parties or otherwise constitute unauthorized or illegal material. OptiQueue is not responsible for losses or damages arising as a result of the Customer's equipment, network connection or any other component required to provide the Service. There may be occasions where the Service will not be available including, but not limited to, maintenance or circumstances beyond our control, for which we are never responsible. Regarding planned maintenance of the Service, OptiQueue will perform these during times that should cause as little inconvenience as possible for the Customer. OptiQueue is never responsible for indirect or consequential damages such as, but not limited to, loss of production and income and loss of data. Liability for damages shall always be limited to an amount corresponding to the amount the Customer has paid for the Service within the six-month period preceding the damage.

In order to assert a damage or an error according to these Terms of Conditions, the Customer must make such a claim within twelve (12) months from the time the damage or error was noted or should have been noted. The Customer is responsible for all damages caused to us, or third parties, due to the Customer’s violation of these Terms and Conditions, including but not limited to, misuse of the website and/or the Service. Furthermore, you as a Customer agree to indemnify us in relation to all claims, costs (including reasonable legal costs), damages, expenses, damages and losses that we incur in any way in relation to your breach of these Terms and Conditions. We cannot be held responsible for any third party claims made against you as a Customer. You understand and accept that content published on the website may belong to third parties, and that we have no control over such content. Therefore, you understand and agree that we shall not be liable for any such content provided by third parties that is displayed or available on the website or in the Service.

FORCE MAJEURE

If one of the parties is unable to fulfill its obligations as a result of a circumstance that the party could not foresee or control, force majeure, then the party shall be released from fulfilling its obligations and released from paying liquidated damages or other damages during the time that the circumstance is ongoing. INTELLECTUAL PROPERTY RIGHTS The Customer understands and accepts that the website and the Service contain material provided by us and third parties and that such material may constitute intellectual property rights.

The Customer agrees to respect all intellectual property rights, including but not limited to copyright, trademark and company name (regardless of whether it is registered or not). Within the framework of the Service, the Customer is given a non-exclusive and non- transferable right to use the Service during the period that the Customer has an ongoing subscription in accordance with what is stated in these Terms and Conditions. The Customer is in no way given the right to transfer or make the Service available to others. All use is strictly for company-specific use.

The Customer may under no circumstances change or copy the Service, including such intellectual property rights belonging to OptiQueue or third party, or use the Service and intellectual property rights in violation of these Terms and Conditions. The Customer may also not create a similar service on his own. Any attempt to usurp developed and owned source code or other data owned by OptiQueue is considered an infringement for which we can suspend the Customer from continued use of the Service and take legal action.

MISUSE OF THE SERVICE

If the Customer violates what is stipulated in these Terms of Conditions, OptiQueue has the right to suspend the Customer from continued use of the Service. This means that the

Customer loses access to the Service and that information that the Customer has added to the Service may be lost. If the Customer in material breach of contract, OptiQueue can also terminate the contract with immediate effect.

MODIFICATION OF TERMS AND TERMINATION OF SERVICE

We have the right to change these Terms of Conditions at any time. If the changes would entail any disadvantage for the Customer, we will inform the Customer of such changes no later than thirty (30) days before the changes come into effect. Information about the changes will be sent to Customer via e-mail to the e-mail address provided by the Customer when the Account was created. Our current Terms and Conditions will always be published and easy accessible on our website.

Furthermore, we reserve the right, at our sole discretion, to modify, suspend or terminate (both temporarily and permanently) our provision of the website and/or the Service at any time without prior notice, or if required by law or government order. You agree that we shall not be liable to you or any third party for any such modification, interruption or discontinuance.

TRANSFERS OF RIGHTS AND OBLIGATIONS

The Customer may not assign or transfer any rights, obligations or licenses under these Terms and Conditions. We may assign and transfer our rights and obligations under these Terms and Conditions without Customer’s consent and without notice to Customer.

APPLICABLE LAW AND DISPUTES

When interpreting and applying these Terms and Conditions, Swedish law shall apply. Disputes shall be settled by Swedish general court with the Stockholm district court as the first instance. The language of the court proceedings shall be Swedish unless otherwise agreed by the parties.