END-USER LICENSING AGREEMENT
1. GENERAL INFORMATION ABOUT MIKZ
This End User License Agreement for MIKZ (“End User License Agreement”) grants the End User the right to use the MIKZ consumer service (“MIKZ”) provided by MIKZ LICENSING AB, org. no. 556922-7404, Dockplatsen 1, SE-211 19 Malmö, Sweden. MIKZ is an online service for communication and data exchange between the End User and various partners of MIKZ LICENSING AB that use MIKZ as a communications platform – such as companies, organisations and other MIKZ users – via smartphones and other mobile equipment as well as computers connected to the Internet, in such form as the service may be given by MIKZ LICENSING AB from time to time.
“End User” means the consumer that has created a consumer account at www.mikz.com or is the owner of a mobile phone to which the MIKZ app has been downloaded and an account created. When creating a consumer account at www.mikz.com or downloading and creating an account through the MIKZ app, the End User also confirms that he/she is over the age of 18 or is over the age of 15 and has the permission of their parent/guardian to enter into an End User License Agreement for MIKZ.
MIKZ LICENSING AB undertakes to provide MIKZ as described at any given time at www.mikz.com.
2. MIKZ AND ITS SCOPE, ETC.
MIKZ comprises the products and services contained in the description of MIKZ at any given time at www.mikz.com. MIKZ LICENSING AB accepts no liability for any corruption or loss of data that may occur during transfer via mobile or fixed networks.
3. REGISTRATION AND USE OF INFORMATION ABOUT THE END USER
The End User’s access to MIKZ is personal to the End User. The provision by the End User of the personal information, such as age and gender, requested by MIKZ LICENSING AB during the registration of the End User (“Registration Data”) may be voluntary, but it is a requirement for the use of MIKZ that the End User keeps MIKZ LICENSING AB informed of any changes to such Registration Data. Where the End User provides incorrect, incomplete or outdated Registration Data, MIKZ LICENSING AB shall be entitled to terminate the End User License Agreement with the End User with immediate effect and at the same time block or remove the End User’s access to MIKZ.
The information that MIKZ LICENSING AB may access, collect, store and use through Facebook Connect may include the Facebook User Id, Gender, Date Of Birth, Facebook Email and user IDs for business.
The End User’s personal information will be used by MIKZ LICENSING AB in order to fulfil the End User License Agreement with the End User, to provide MIKZ, etc. In addition, MIKZ LICENSING AB and its partners will use the End User’s personal information for the marketing of campaigns, offers and new products or services offered within the scope of MIKZ by MIKZ LICENSING AB or partners of MIKZ LICENSING AB. MIKZ LICENSING AB also works with other approved and licensed service providers and will, where appropriate, allow such service providers to use the End User’s personal information for the same purposes. MIKZ LICENSING AB may also use the End User’s personal information to improve the performance and functionality of the service. Furthermore, MIKZ LICENSING AB may use the End User’s personal information for the purpose of monitoring the End User’s traffic patterns between MIKZ, service providers and other websites linked to MIKZ.
If the End User provides an email address as Registration Data, which improves the functionality of MIKZ and enables MIKZ LICENSING AB to provide tailored offers to the End User, the End User then consents to MIKZ LICENSING AB using the email address provided to send messages to the End User.
The End User is entitled, free of charge, following a written request to MIKZ LICENSING AB at the address indicated above, to receive an extract of the personal information that MIKZ LICENSING AB holds about the End User and details of how this information is used. The End User is also entitled to request that MIKZ LICENSING AB corrects or removes inaccurate information about the End User.
3.1 LAWFUL PROCESSING OF THE END USER’S PERSONAL INFORMATION
By submitting information to us, the End User grant the End User’s permission to register and store information about the service used and processing the specified personal data for the specified purposes. As a legal basis for treatment, we will refer to the performance of a contract, compliance with a legal obligation, legitimate interest or consent. If we use legitimate interest as a basis, it will only be done for the purposes stated above.
Please note that the End User can at any time withdraw any consent given by The End User by contacting us, for contact details see section 10 below.
The processing of the End User’s personal information will be done is in accordance with current data protection legislation and personal data are not retained for a longer period than necessary for the purpose of the processing. We will store the End User’s personal information as long as the End User are active user of United Influencer’s platform, a customer, supplier or partner to us. If our relationship has ceased and / or it is not considered reasonable to be re-activated, we shall discard the End User’s information. Such a review is periodically and usually at least once a year.
For marketing purposes, information that is older than 3 years is not used in all respects. This implies that data will be erased when they are no longer relevant or necessary for analysis or direct marketing for the purposes for which they have been collected.
Some information may be retained longer when required due to other legal requirements.
By entering into the End User License Agreement, the End User agrees to such use of personal information as indicated above.
A cookie is a text file that the website/app a person is visiting saves on the visitor’s communication device (smartphones and other mobile equipment, as well as computers connected to the Internet) and which enables the person to be identified as a visitor. The information contained in the cookie can be used to follow the visitor’s surfing of websites/apps that use the same type of cookie, enabling the offers displayed to be tailored to the particular visitor, for example.
There are two types of cookie. One type is more permanent and saves a text file for a longer period on the visitor’s communication device. This type of cookie has a specific expiry date and is used for functions that highlight new content since the visitor last visited the website/app, for example. Once the cookie has expired, it is deleted from the visitor’s communication device when the visitor next visits the website/app that saved the cookie on the visitor’s communication device.
The other type of cookie is more temporary (known as a session cookie) and is stored temporarily on the visitor’s communication device. This type of cookie is used to remember the language selected by the visitor for the website/app, for example, and it is deleted when the visitor closes their browser or app.
5. USE OF MIKZ BY THE END USER
The End User must provide all the telephone equipment, computer equipment, hardware, software and other equipment necessary for the End User to gain access to MIKZ on MIKZ LICENSING AB’s servers and is responsible for all the costs associated with this, including mobile phone and data use costs.
The End User has sole and exclusive responsibility for all the information that the End User enters, processes, shares with others (via Facebook, Twitter, email, text or in any other way) or otherwise handles using MIKZ. The End User also has sole and exclusive responsibility for the results obtained by the End User through their use of MIKZ. Nevertheless, the End User is not permitted to share in a systematic way content that the End User obtains via MIKZ in such a way that the distribution through other channels in practice entails the copying of significant elements of the content provided by MIKZ. The End User must not for commercial purposes reproduce, duplicate, create copies of, sell, resell or exploit any part of MIKZ without the prior written agreement of MIKZ LICENSING AB. Nor may the End User use MIKZ as part of any automated processes for other software applications. The End User must adapt their use of MIKZ in accordance with the instructions of MIKZ LICENSING AB.
The End User further agrees to MIKZ containing information and offers from MIKZ LICENSING AB’s partners who use MIKZ as a communication channel. MIKZ LICENSING AB accepts no responsibility for the information or offers that such partners make available via MIKZ; the partner in question has sole responsibility to the End User for such information or such offers. Nor does MIKZ LICENSING AB accept responsibility for the content of external websites not operated by MIKZ LICENSING AB and to which MIKZ LICENSING AB or its partners link via MIKZ. The End User undertakes not to make claims against MIKZ LICENSING AB in relation to such information or such offers.
The End User further undertakes to respect copyright material and trademarks (including but not limited to the names MIKZ LICENSING AB and MIKZ) belonging to MIKZ LICENSING AB or its partners and which the End User obtains via MIKZ and not to use such material or such trademarks outside the framework of MIKZ.
The End User is responsible for securely storing the user identity and any password received by the End User for MIKZ so that it cannot be accessed by a third party. The End User is responsible for any unauthorised use of the End User’s user identity and password for MIKZ until such time as the End User has requested that MIKZ LICENSING AB block access to MIKZ for the user identity in question.
If a claim is made against MIKZ LICENSING AB or proceedings are initiated against MIKZ LICENSING AB or MIKZ LICENSING AB’s approved and licensed service providers as a result of the End User’s use of MIKZ, the End User undertakes to compensate MIKZ LICENSING AB for the compensation and damages which MIKZ LICENSING AB is obliged to pay as a result of a settlement or court ruling and to compensate MIKZ LICENSING AB for the other costs thereby incurred by MIKZ LICENSING AB.
6. RIGHT TO USE SOFTWARE FORMING PART OF MIKZ
The End User License Agreement grants the End User a non-exclusive right to use the software forming part of MIKZ in order to use MIKZ in accordance with this End User License Agreement. All copyright and other rights to MIKZ, including software contained therein, belong to MIKZ LICENSING AB or other rights holders who own parts of MIKZ. Software forming part of MIKZ may be copied by the End User only to the extent expressly agreed in writing by MIKZ LICENSING AB. Under no circumstances is the End User permitted to edit, change or add to the software forming part of MIKZ other than as expressly stated in the End User License Agreement. The End User is not permitted to transfer, hire, lend or otherwise make available all or part of the software in MIKZ to a third party other than as approved in writing in the End User License Agreement. On termination of the End User License Agreement, all software forming part of MIKZ must be uninstalled by the End User.
7. LIABILITY OF MIKZ LICENSING AB
MIKZ LICENSING AB strives to keep MIKZ error-free and available to the End User through MIKZ having access to mobile and fixed networks. Nevertheless, MIKZ LICENSING AB is unable to guarantee that MIKZ will function without interruption or that the service is otherwise error-free. The End User agrees that MIKZ LICENSING AB may make MIKZ unavailable temporarily for security reasons or for technical or other maintenance. MIKZ LICENSING AB will normally provide advance warning of planned temporary unavailability of MIKZ but MIKZ may also be made unavailable with immediate effect where MIKZ LICENSING AB considers this necessary, for example for security reasons.
8. LIMITATION OF LIABILITY, ETC.
MIKZ LICENSING AB accepts no liability for direct, indirect or other loss or damage to person or property, or for loss that the End User or a third party may incur as a result of MIKZ, the use of, errors in or interruption to MIKZ or the information processed using MIKZ. Nor does MIKZ LICENSING AB accept any liability for the confidentiality of data in connection with the transfer of information via mobile or fixed networks when using MIKZ.
The liability of MIKZ LICENSING AB is limited to the above, except in the event of gross negligence or wilful intent. The liability of MIKZ LICENSING AB under this End User License Agreement is limited in all cases to a maximum of SEK 1000.
9. AGREEMENT PERIOD AND TERMINATION OF THE END USER LICENSE AGREEMENT
This End User License Agreement comes into effect on the date on which the End User either creates a consumer account at www.mikz.com or downloads and creates an account through the MIKZ app and applies indefinitely. The End User License Agreement may be terminated by MIKZ LICENSING AB at any time, with a notice period of thirty (30) days, or with immediate effect where this is part of a general termination of all or part of MIKZ or to prevent any loss or damage or loss of rights.
The End User License Agreement may be terminated by the End User at any time by removing the consumer account at www.mikz.com or uninstalling the MIKZ app. On termination of the End User License Agreement, the End User is no longer entitled to use MIKZ.
In the event that the End User is in breach of the End User License Agreement, MIKZ LICENSING AB is entitled to terminate the End User License Agreement with immediate effect and to require compensation from the End User for all damage suffered by MIKZ LICENSING AB as a result of the breach of agreement by the End User.
The End User License Agreement constitutes the entire agreement between the parties with regard to the End User’s use of MIKZ. MIKZ LICENSING AB reserves the right to modify, add or remove functions in MIKZ and to amend the End User License Agreement. The End User License Agreement may not be transferred by the End User to a third party without the written consent of MIKZ LICENSING AB. MIKZ LICENSING AB is entitled to transfer the End User License Agreement to a wholly owned subsidiary of MIKZ LICENSING AB. MIKZ LICENSING AB is also entitled to transfer the End User License Agreement to a third party as part of a transfer of MIKZ LICENSING AB’s operations in relation to MIKZ to such third party.
MIKZ LICENSING AB is entitled to engage subcontractors to fulfil its obligations under the End User License Agreement. MIKZ LICENSING AB is liable for subcontractors in the same way as for its own actions.
The End User License Agreement shall be governed by and interpreted in accordance with Swedish law. Disputes concerning the End User License Agreement shall be resolved at a general court, with Malmö District Court as the court of first instance.
If possible, notices to the End User will be sent to the email address provided by the End User at the time of registration. Messages from the End User to MIKZ LICENSING AB may be sent via the Contact heading at www.mikz.com. Messages to MIKZ LICENSING AB are not considered to have been received by MIKZ LICENSING AB until MIKZ LICENSING AB has confirmed receipt.