General terms

 

GENERAL TERMS FOR THE PURCHASE AND USE OF THE SKYMAP PORTAL

Valid from 2020-03-10

These general terms and conditions have been translated from Swedish to English using Google translate. In case of ambiguity in the translation, the original (Swedish) version always applies first.

1. GENERAL

These general conditions, hereinafter referred to as conditions, regulate the relationship between the customer, user and SkyMap Innovations AB, 556918–6025, Hjortvägen 8, 352 45 Växjö, hereinafter referred to as SkyMap, when purchasing and/or using the SkyMap Portal.

These terms and conditions apply from the time the customer orders the service and apply throughout the time the customer purchases the service from SkyMap unless otherwise stated. For users, the conditions apply during the time the user has a registered user account with SkyMap. Special conditions agreed in writing in contracts and/or special conditions take precedence over these conditions.

2. DEFINITIONS OF TERMS & ROLES

- The service SkyMap Portal is a SaaS service (Software as a Service) which consists of all the programs and functions, for example SkyView and cloud processing, which are published on the domain skymap.se, and/or subdomains, as well as via SkyMap's applications for mobile phones, tablets and computers.
- Customer as well as project owner is a legal person (an organization number) or private person (a social security number) who buys the service from SkyMap. The customer is the responsible owner of projects in the service.
- Agreement refers to the agreement entered into by the customer with SkyMap and includes general conditions. The customer and SkyMap may have several separate agreements, settlements, order letters or other documents connected to the service.
- User of the service is a private person who has a registered user account with SkyMap. Users can be given authorization to projects by the project owner.
- Company admin is a user who has been given extended permissions by the customer. Company admin can administer a customer's projects, change user permissions in projects and invite new users to projects.
- Project is a geographically defined area that is depicted in the service through the data supplied by the customer. All data is linked to the specific project.
- Portal is the collective term for the service's programs and functions which, together with the projects to which the user has been given authorization by one or more project owners, are perceived by the user to constitute the service.
- Data refers to all information such as files, documents and information uploaded to, stored on, generated in or processed with the service in the customer's project.

3. DATA & RIGHTS

3.1 Rights

The responsibility for assigning, removing and checking user permissions to projects lies with the project owner and is administered by the customer's company admin. It is up to the company admin to ensure that it is handled based on the project owner's requirements and policies.

Users have access to the projects and the data to which the user has been given authorization by the project owner. If the user has access to data that the user should not have access to, it is the user's responsibility to notify the project owner immediately.

The use of certain functions, including cloud processing, is limited to company admin.

3.2 Right to data

In relation to SkyMap, the project owner holds all rights to, as well as all responsibility for, the data that is handled in the project owner's project in the service. However, the intangible right to data is not affected by the service, for example if a user or supplier, according to agreement with the project owner, owns the rights to specific data. The user is obliged to take into account applicable copyright and intellectual property rights.

SkyMap has the right to use the customer's data for statistical purposes, where the data is presented on an aggregated level, as well as to improve and develop the service. SkyMap's use of the customer's data in any other way requires the customer's approval.

3.3 Storage of data

SkyMap is responsible for storing the customer's data in accordance with the special conditions that apply to the respective subscription form. SkyMap's responsibility to store data always ends, regardless of subscription form, when a valid agreement for the purchase of the service no longer exists. When the agreement ends, SkyMap has the right to immediately delete the customer's data from SkyMap's servers. The customer is responsible for removing their own data from the service that the customer wishes to preserve for future use before storage ends according to the agreed terms.

SkyMap also has the right to delete all data in projects that have been inactive for 36 months or more. However, deletion may only take place after the customer has been notified and given at least 30 days to remove their own data from the service or choose to let SkyMap archive the project.

3.4 Data security

SkyMap undertakes to take reasonable measures to maintain a high level of security aimed at preventing unauthorized access, which consists of someone preparing access to, changing, erasing or adding something, regarding the customer's data.

Customer and user undertake to comply with Swedish and international legislation regarding data handled in the service. The customer is responsible for ensuring that the service is not used for the storage of information that cannot be considered attributable to the use of the service, such as programs, movies, music and the like. The customer is responsible for ensuring that the data is free of viruses, trojans, worms or other software or code that could damage the service. If the customer's use of the service interferes with functions or performance, SkyMap has the right to close the customer's account and project until the cause of the interference has been removed.

The user is responsible for ensuring that the necessary permissions for the distribution of geographic information are in place before the data is uploaded to the service. The user is responsible for ensuring that passwords are stored securely, that third-party programs such as browsers, antivirus programs and firewalls etc. are correctly installed, updated and allow traffic to SkyMap's website. If the user's use of the service interferes with functions or performance, SkyMap has the right to close the user account until the cause of the interference has been eliminated. If SkyMap discovers that users are attempting to access, destroy or distort information in the service without authorization, SkyMap has the right to immediately disable the user account and is entitled to compensation for damages, including loss of goodwill.

4. DELIVERY

4.1 Providing the service

SkyMap undertakes to take reasonable measures to ensure that users have access to and use of the service. In the event of planned downtime, SkyMap must inform the user in reasonable time in advance and, to the extent possible, place the downtime outside office hours.

4.2 Support

Support is provided by SkyMap to a reasonable extent on non-holiday weekdays during regular office hours (1 September-31 May Monday to Friday 08.00-17.00 and 1 June-31 August Monday to Friday 09.00-16.00), Swedish time. Support is included to a reasonable extent free of charge in the service. 

4.3 Error in the service

Customer or user is responsible for any errors and deficiencies that can be derived from incorrect handling of the service or data. SkyMap is responsible for any errors and shortcomings in the service. If an error in the service causes an incorrect result when processing the customer's data, SkyMap undertakes to, as soon as the circumstances require with regard to the nature of the error and the circumstances in general, re-process the customer's data at its own expense.

4.4 Limitations of the Service

The service is web-based and supports the following browsers: Google Chrome and Microsoft Edge (latest version). The service supports the following file formats: .dwg, .dxf and .dae.

4.5 Limitation of Project

A project is geographically limited to one (1) property and may cover an area of a maximum of 10 hectares unless otherwise specified in the agreement. A project is limited to storage of 250 GB of data unless otherwise specified in the agreement.

4.6 User Account Limitation

The user account is personal to a user and a user account may be used on a maximum of three different devices (e.g. computer, tablet and mobile).

5. PAYMENT, CONTRACT PERIOD & TERMINATION ETC

5.1 Responsibility for information

The customer is obliged to provide SkyMap with accurate information about, as well as changes to, data for company admin accounts, invoicing and other data required to complete the agreement.

5.2 Invoicing and payment

The customer is responsible for all fixed and ongoing costs for the service. SkyMaps standard price list valid at any time applies unless otherwise agreed. Prices are always stated per month excluding VAT.

The service's subscription fee is invoiced and paid in advance for each contract period. The cost of cloud processing is not included in the subscription fee, but is invoiced separately in arrears based on usage. The cost of cloud processing is currently SEK 995 for 3D model and SEK 295 for orthophoto. Invoices are sent as a pdf file via e-mail unless otherwise agreed. Payment terms are 30 days net. When paying, VAT must be paid according to the VAT rate applicable at the time. If reverse VAT is required, it is the customer's responsibility to notify SkyMap. Remarks on the invoice must be made no later than 8 days after the invoice date. In the event of termination, there is no refund of fees already paid.

SkyMap has the right to pledge or assign a claim according to the invoice, or to instruct that the customer must make payment to a company other than SkyMap.

5.3 Price change

SkyMap must notify price changes no later than one (1) month in advance. However, SkyMap has the right to notify and increase the price with immediate effect if the increase is directly attributable to external factors such as a change in the exchange rate, tax or similar general charge and in the event of another similar circumstance of financial importance for the service beyond SkyMap's control and which affects the cost of providing the service.

5.4 Missing payment

SkyMap has the right to charge a statutory reminder fee in connection with payment reminders. If the customer has not paid the due amount despite a reminder, SkyMap has the right to terminate the agreement with immediate effect. However, this does not release the customer from the requirement to settle the overdue amount.

5.5 Contract period and extension

The service can be ordered with a contract period of 1, 3 (discount 10%) or 12 (discount 30%) months. The standard period for agreements is three (3) months unless otherwise stated in the agreement. The agreed contract period is automatically extended with a new period of the same length unless the service is terminated in writing.

5.6 Termination of the agreement

Termination of the agreement must be made in writing no later than one (1) month before the end of the applicable agreement period. If a party breaches the agreement, negligently or intentionally, or otherwise negligently or intentionally damages the other party, the agreement may be terminated with immediate effect. Likewise, a party has the right to terminate the agreement with immediate effect if the other party ceases to operate, goes bankrupt or otherwise becomes insolvent. Termination must be in writing.

6. RIGHTS ETC

6.1 Immaterial rights

All rights to the service, including copyright and other intellectual property rights, belong to SkyMap or such third parties with whom SkyMap has entered into an agreement. Customer and user do not obtain any right to the service, software or its content beyond what is expressly provided for in these General Terms and Conditions. Through the agreement, SkyMap grants the customer and/or user a time-limited, non-exclusive right to use the service. Provision only takes place to the extent that this does not infringe the rights of third parties. Customer and user may not copy, modify or otherwise handle software or other material belonging to the service, nor transfer or grant rights to such software or material to others, unless this has been agreed in writing with SkyMap.

6.2 Transfer

The customer and/or user may not assign or lease all or parts of the agreement without SkyMap's express consent. Transfer, assignment or possible consent must take place in writing. Upon transfer, SkyMap is entitled to charge an administration fee.

6.3 Damages

SkyMap shall compensate the customer for damages incurred by the customer due to SkyMap's negligence failing to fulfill its obligations under the agreement. However, no compensation is paid for shortcomings in commitments for which a fine is paid according to the agreement. The customer and/or user must compensate SkyMap for damages incurred by SkyMap due to the customer and/or user negligently using the service in violation of the agreement or in a way that damages SkyMap.

6.4 Limitation of liability

SkyMap's liability is limited to direct damage of a maximum price base amount, unless SkyMap acted intentionally or with gross negligence. SkyMap is never responsible for indirect damages, such as lost profit or production, loss of data, etc. In order for a claim to be asserted, it must be made within two (2) months of the damage being discovered or should have been discovered.

7. SECRECY

The parties undertake not to disclose confidential information to third parties without consent during the contract period and thereafter. Confidential information means any information of a financial, technical, commercial or other nature attributable to a party or to a party's related companies and applies regardless of whether the information is documented in writing or not. However, confidential information shall not be considered information that is generally known or has come to public knowledge in any other way than through the receiving party's breach of this agreement.

The parties further undertake not to use confidential information for purposes other than fulfilling their rights and obligations under the agreement. The confidentiality obligation does not apply when the party is obliged by law, court/authority decision or binding stock exchange rules to disclose confidential information. The obligation of confidentiality also does not apply to SkyMap regarding confidential information that is covered by a decision on coercive measures from a criminal investigation authority (for example, the Police, the Prosecutor's Office or the Ecocrime Authority) or that is otherwise related to criminal suspicion that may result in imprisonment.

8. MANAGEMENT OF PERSONAL DATA (GDPR)

It is important to SkyMap that personal data is processed in a secure and legal manner. SkyMap registers personal data and other information to the extent necessary to be able to provide the service and be able to send information. SkyMap is the personal data controller for these data. SkyMap has the right to process personal data outside the EU and EEA area.

The customer is the personal data controller for the processing of personal data in relation to the customer's use of the service and the users who are given authorization for the customer's project. SkyMap is the personal data controller for these data. It is therefore the customer's responsibility to ensure that the customer has a legal basis for processing personal data and that other requirements in the Personal Data Act are followed. SkyMap must establish and maintain the technical and organizational measures required to protect personal data.

When purchasing the service through one of SkyMap's partners, the partner is responsible for processing personal data in relation to the purchase agreement. SkyMap is the personal data controller for these data. It is therefore the responsibility of the partner to ensure that there is a legal basis for processing personal data and that other requirements in the Personal Data Act are followed. SkyMap must establish and maintain the technical and organizational measures required to protect personal data.

SkyMap has the right, as far as personal data for which SkyMap is a personal data processor is concerned, to hire sub-processors for the processing of personal data by means of a written agreement. Such an agreement shall impose at least the same obligations regarding personal data processing on the subcontractor as are imposed on SkyMap according to these general terms and conditions. SkyMap shall, upon request, inform the customer of which sub-assistants SkyMap has engaged.

SkyMap's policy for handling personal data is published at; www.skymap.se/hantering-av-personuppgifter (in Swedish).

9. MODIFICATION OF TERMS

These general terms and conditions apply until further notice and SkyMap reserves the right to change the terms and conditions at any time. Terms changes must be notified via www.skymap.se and to users via e-mail. If the change is to a significant disadvantage for the customer, the customer has the right to terminate the agreement in writing during the current contract period with effect from the change taking effect.

10. GOVERNING LAW AND DISPUTE RESOLUTION

For these general conditions, Swedish law is applied and any dispute due to the agreement must be settled in a general court, but Växjö district court as the first instance. In addition, SkyMap has the right to file an action with the Swedish Enforcement Agency if the claim is overdue.

11. FORCE MAJEURE

SkyMap is in all circumstances exempt from damages and other penalties if the fulfillment of the agreement is prevented by any circumstance that SkyMap could not reasonably control or foresee, and whose consequences could not reasonably be avoided or overcome. Examples of such circumstances can be war, government intervention, public regulations, unrest, restrictions in energy supply, labor market disruptions, bans or accidents.