Thank You for using the various Services available from nWise!
nWise’s MMX® is the leading cloud based platform for communication service providers in the elder, deaf and hard of hearing market. The user of nWise’s Services will be given a SIP-address and/or a 10-digit number which is that user’s telephone number. nWise provide interpreting services in relation to hearing impaired users of the Services to overcome obstacles in the communication. Like a regular mobile phone service, anyone with knowledge of Your SIP-address and/or 10-digit number may call the user or send messages through our Services.
The Terms presented below are the basic rights and obligations that You have to comply with when using our Services and the Terms constitute a binding agreement between nWise and Yourself. You should read them carefully before making use of those features. When You use our Services You agree to the Terms. If You don't want the Terms to apply You should not use the Services.
Please note that nWise does not guarantee access to emergency services. For example the Services do not support return calls from emergency services. You need to make alternative communication arrangements to ensure that You can make emergency calls if needed.
How to Contact Us
The Services are controlled and operated by nWise incorporated under the laws of the Kingdom of Sweden, org. no. 556755-0354, telephone number +46-(0)8-12 00 26 00, with registered office at Greta Garbos väg 11,SE Solna, Sweden. Please forward any comments, complaints or questions to firstname.lastname@example.org.
1. The Terms
1.1 These Terms constitute an agreement between You and nWise and govern use, of and access to, the Services by You.
1.2 By accepting the Terms, or by accessing or using the Services, You agree to be bound by the Terms. If You do not agree with the terms of this Agreement, You must not accept the Agreement and may not use the Services.
3. Legal Capacity; Children and Minors
3.1 If You are under the age of consent in Your country to form a binding agreement, You should only use our Services if You have the legal consent of Your parent or guardian for Your use of our Services. You should use our Services only if You are fully able to understand and enter into and comply with these Terms.
4. Access to and use of the Services
4.1 You are responsible for procuring and maintaining the network connections that connect Your network to the Services. We are not responsible for notifying You of any upgrades, fixes or enhancements to any such software or for any compromise of data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by nWise. We assume no responsibility for the reliability or performance of any connections as described in this section.
4.2 We reserve the right, in our reasonable discretion, to temporarily suspend Your access to and use of the Services or Your User Account with us: (a) during planned downtime for upgrades and maintenance of the Services, (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, technical failures beyond our reasonable control, such as inability to access the Internet), attacks; (c) if we suspect or detect any malicious software connected to Your User Account or (d) if we or a Third-Party Service Provider believe the information You have given us to use the Services are not correct, up to date, or complete.
4.3 nWise may seek to gather information from a user who is suspected of violating these Terms and from any other user. nWise may suspend any users whose conduct is under investigation. If nWise believes, in its sole discretion, that a violation of these Terms has occurred, nWise can suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. nWise may fully cooperate with any law enforcement authorities or court order requesting or directing nWise to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms.
- nWise reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Services, with or without notice and/or to establish general guidelines and limitations on their use. nWise further reserve the right to modify, suspend or terminate the Services (or any part thereof), Your User Account, access to and use of the Services, and remove, disable and discard any data related to the Services at our own discretion if we believe that You have violated this Agreement.
4.5 Your right to make use of our Services and any material or other content appearing on them is subject to Your compliance with these Terms. You may not modify, or use material or any other content on our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Intellectual Property Rights (see section 6) protected by law.
4.6 You may access and display any material, such as pictures, and other content displayed on our Services for non-commercial, personal use on any computer, tablet or mobile device You own or control. The material and other content on the Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by nWise.
4.7 Except as expressly set out in these Terms or as permitted by any local law, You undertake:
- not to rent, lease, sub-license, loan, sell, translate, merge, adapt, redistribute, vary or modify the software, the Documentation and any other part of the Services;
- not to make alterations to, or modifications of, the whole or any part of the software, nor permit the software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the software, or otherwise reduce the code used in any software on the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software;
- not to remove our copyright notice or other intellectual property notices from the software;
- not to provide or otherwise make available the software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us.
5. Intellectual Property
5.1 nWise and any Third-Party Service Provider shall maintain all Intellectual Property Rights. The rights granted to You to use the Services do not convey any additional rights in the Services, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Services as expressly stated herein, all rights, title and interest in and to the Services and all hardware, software and other components of or used to provide the Service, including all related Intellectual Property Rights, will remain with nWise or the Third-Party Service Provider. In particular MMX® is a registered trademark of nWise AB.
5.2 Any mentioning of third-party products is for informational purposes only and constitutes neither an endorsement nor a recommendation. nWise assumes no responsibility with regard to the performance or use of third-party products.
6. Security of User Accounts
6.1 If You create a User Account by selecting a password and providing Your name, You are responsible for all activities that occur under Your User Account. You agree to notify nWise or any Third-Party Service Provider immediately of any unauthorized use of Your User Account or any breach of security with respect to Your User Account including Your password. nWise will not be liable for any loss that You may incur as a result of someone else using Your User Account, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by us or another party due to someone else using Your User Account. nWise or the Third-Party Service Provider shall be entitled to monitor Your User Account and password and, at its discretion, require You to change Your password. If You use a username and password that nWise considers insecure, nWise will be entitled to require this to be changed and/or terminate Your User Account.
6.2 You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If You become involved in any violation of system security, nWise reserves the right to release Your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
7.1 You are free to terminate Your usage of the Services at any time. If You registered for a Service, You can request that nWise or a Third-Party Service Provider delete Your User Account and our cancellation policy shall apply. Where permissible under law, nWise has the right to terminate Your rights under our Services without notice.
8.1 Your use of the Services is at Your own risk. No oral or written information or advice given by us shall create a warranty. The Services and all the Documentation, materials, information, software, services and other content in the site or apps are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, nWise, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. nWise does not warrant that the functions contained on or through the Services will be available, uninterrupted or error-free or that defects will be corrected. nWise does not warrant or make any representations regarding the use or the results of the use of the Documentation, material, information, software, facilities, services or other content on the Services or any websites linked to the Services in terms of their correctness, accuracy, reliability, or otherwise. nWise makes no warranties that Your use of the Documentation, materials, information, software, services, or other content of the Services will not infringe the rights of others and nWise assumes no liability or responsibility for errors or omissions in such Documentation, materials, information, software, facilities, services or other content of the Services or any other website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to You, the above exclusions will apply to You only to the extent permitted by applicable law.
9.1 nWise disclaims all liability, whether based in contract, tort (including negligence), strict liability, or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from any use of, or inability to use, the Services or any other site, app or service, or the Documentation, material, information, software, facilities, services, or other content on the Services or any other site, app or service, regardless of the basis upon which liability is claimed and even if nWise has been advised of the possibility of such loss or damage. Without limitation to the extent possible under applicable law, You (and not nWise) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising therein. If applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by applicable law. Subject to mandatory law, in no event shall our total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9.2 You agree to indemnify and hold harmless nWise from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from Your breach of these Terms, including any of the foregoing provisions, representations or warranties, from Your placement or transmission of any content onto nWise's servers and/or from any and all use of Your User Account.
9.3 We shall not be liable to You or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities at our sole discretion.
9.4 nWise may conduct an investigation to gather information from a user who is suspected of violating these Terms and from any other user. nWise may suspend any users whose conduct or are under investigation. If nWise believes, in its sole discretion, that a violation of these Terms has occurred, nWise can suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. nWise may fully cooperate with any law enforcement authorities or court order requesting or directing nWise to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS nWise FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY nWise DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER nWise OR LAW ENFORCEMENT AUTHORITIES.
10. Local Regulations
10.1 nWise is a Swedish company registered under the laws of Sweden. nWise is providing the Services in compliance with Swedish law. We make no representation that our Services are available for use or permitted by law in any other location outside Sweden. To the extent You choose to access our Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
11.1 If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between You and nWise relating to the matters contained here and the Services. In the event You read these Terms in any language other than English, You agree that in the event of any discrepancies, the English version shall prevail.
12. Governing law
12.1 These Terms are governed by the laws of Sweden. Any dispute arising out of or in connection with the Agreement shall be subject to the jurisdiction of Swedish Courts.
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