1.1 “Customer” means User as individual or on behalf of an Organisation, activating the Service by approval of the Master Subscription Agreement thereby assuming payment responsibility for the same towards Agency9.
1.2 “Content” means all visual, written or audible data, information or material including, without limitation: documents, spatial data, models, text, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User or End User.
1.3 “Organisation” means a legal entity being the User’s employer, or having invited the User to its account.
1.4 “End User” means individual given access to the external view of the Service as published by the User.
1.6 “Trial Service” means a Service, which is provided free of charge under limited time or which is under development or evaluation and is marked “evaluation” or “trial” (or a similar designation).
1.7 “User” means the individual who registers a user account and gains access to the Service.
1.8 “Web Site” means Agency9’s web site at www.cityplanneronline.com.
1.9 “Workspace” means the CityPlanner workspace to which the User is associated with a defined data storage and Users who are authorised to access the service.
2.2 In the event the User is a member an Organisation’s account, such user account may be or may later become subject to additional terms and conditions resulting from the Organisation’s existing or future business relation with Agency9. The User is aware of and acknowledges that the Organisation, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services and Content. Such actions may include, without limitation, administrative actions by the Organisation, instructions issued by the Organisation to Agency9 and actions due, but not limited to, a reorganization, discontinuation of an employment or consulting relationship with the User.
3.1 The User shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail, as made available on the Web Site, or in any other manner.
3.2 The User undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address.
3.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User and/or End User shall be the sole responsibility of the User.
3.4 The User shall be responsible for monitoring its Workspaces and shall be liable vis-à-vis Agency9 for ensuring that Content transferred to or handled within the Services which is processed by the User and/or End Users does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licenses from third parties as may be required in order to process the Content/use the Services.
3.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services. 3.6 The User is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.
3.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.
3.9 The User is obligated to notify Agency9 regarding any suspected breach of these provisions.
4.2 According to the Personal Data Act (1998:204), Agency9 must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by Agency9.
4.3 According to the Electronic Communications Act (2003:389), Agency9 must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.
4.4 By accepting this agreement, the User explicitly consents to (a) the collection and processing by Agency9 of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c)
the storage and retrieval of information on the User’s end terminal equipment as described above.
d) receiving formal email notices related to the subscription of the service
e) accepting to receive newsletters and product updates as email related to the service. The User can opt-out from receiving such emails at any time.
5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorised use of the Services. Agency9 shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.
5.2 Where it is suspected that any unauthorised person has become aware of the user identity and/or password, the User shall immediately inform Agency9 thereof.
5.3 The User shall be liable for losses or damage incurred by Agency9 where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by Agency9 where the user identity and password otherwise become known to an unauthorised party, unless the User notifies Agency9 immediately upon suspicion that such has occurred.
5.4 Agency9 shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. Agency9’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.
6.1 Agency9 undertakes not to disclose to any third party, or otherwise make available, information received by Agency9 from the User within the scope of this agreement. “Third party” in this section shall not mean the Users who have access to the same Workspace, unless the Users’ authorisation and access to the Workspace is specifically restricted by the User.
8.2 Agency9 reserves the right at its own discretion to disable access to Service and delete Users a) with invalid email addresses b) being inactive for more than 6 months and not being managed under effective Customer account. Such termination shall only take effect after email notice from Agency9.
9.1 Agency9 shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for Agency9 or any third party; (c) the User uses the Services in a manner that violates Agency9’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilises resources or seeks unauthorised access to Agency9’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material
12.2 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.