Terms of Service

Please read these Terms of Service carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to: Sweden.
• Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms of Service) refers to Valectric AB, Brisgatan 54, 802 74 Gävle.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• EULA means the End-User License Agreement governing use of the Application, available at https://www.mooserunner.com/eula.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
• Promotions refer to contests, sweepstakes or other promotions offered through the Service.
• Service refers to the Website, the MooseRunner Application (as defined in the EULA), and any related online services made available by the Company.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms of Service (also referred to as "Terms") means these Terms of Service, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
• Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
• Website refers to MooseRunner, accessible from https://www.mooserunner.com/.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

You represent that You are at least 16 years old, the age of digital consent under GDPR Article 8 in most EU jurisdictions. If You are between 16 and 18, You confirm that a parent or legal guardian has reviewed and agreed to these Terms on Your behalf and is responsible for Your use of the Service. The Company does not permit those under 16 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Your use of the MooseRunner Application is also governed by the End-User License Agreement (EULA), available at https://www.mooserunner.com/eula. In case of conflict between these Terms and the EULA regarding use of the Application, the EULA controls.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through the Polar.sh Customer Portal at https://polar.sh/valectric-ab/portal or by contacting the Company at support@mooserunner.com.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.

Should automatic billing fail to occur for any reason, You may receive an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Payments for Subscriptions are processed by Polar.sh (Polar Software Inc.) as the merchant of record. Polar.sh collects payment, calculates and remits applicable VAT and sales taxes, and issues invoices and receipts on behalf of the Company. Refund and dispute requests for Subscription transactions should be initiated through the Polar.sh Customer Portal.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds and Right of Withdrawal

Subscription fees are billed in advance and are non-refundable except as set out below or as required by law.

Free Trial covers Your evaluation period. The 30-day Free Trial described below gives You ample opportunity to evaluate the Application before any charge is made. You will not be charged unless You choose to convert to a paid Subscription at the end of the Free Trial.

EU consumers — right of withdrawal. If You are a consumer resident in the European Union, You normally have a 14-day right of withdrawal under Directive 2011/83/EU when purchasing digital services online. By beginning Your paid Subscription at the end of the Free Trial period and accessing the Application, You expressly request immediate performance of the contract and acknowledge that You thereby lose Your right of withdrawal under Article 16(m) of Directive 2011/83/EU. This waiver is voluntary and is required because the Application is digital content delivered immediately upon Subscription start; the Free Trial gives You the practical equivalent of a cooling-off period before any payment.

Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company, including in cases of accidental purchases, billing errors, or material defects in the Application.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Customer Portal

License keys, billing history, payment methods, and Subscription management are accessible through the Polar.sh Customer Portal at https://polar.sh/valectric-ab/portal. You are responsible for safeguarding access to Your portal account and Your License Key, and for any activities taken under either. Notify Us immediately at support@mooserunner.com if You become aware of any unauthorized use of Your License Key or portal account.

The Polar.sh Customer Portal is operated by Polar Software Inc. and is governed by Polar.sh's own terms and privacy policy, which You should review separately.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Links from a Third-Party Social Media Service

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.

Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Subscription, You may simply discontinue using the Service or cancel through the Polar.sh Customer Portal.

If We terminate Your Subscription for convenience (and not due to Your breach), We will refund any prepaid fees covering the remainder of the term of the Subscription after the effective date of termination. In no event will any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@mooserunner.com. We will respond within a reasonable time and work in good faith toward an amicable resolution.

If the dispute cannot be resolved informally, You may bring the matter before a competent court in Sweden. The Company is based in Gävle, Sweden, and the District Court of Gävle (Gävle tingsrätt) is the court of first instance for matters arising under these Terms.

EU consumers — alternative dispute resolution

If You are a consumer resident in the European Union, You may also:

• Submit Your dispute to the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
• For consumers resident in Sweden, refer Your dispute to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN) at https://www.arn.se/.

Nothing in these Terms limits Your right as a consumer to bring proceedings in the courts of the EU Member State in which You are resident.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If You have any questions about these Terms, You can contact Us:

• By email: support@mooserunner.com