1. SCOPE AND DEFINITIONS
These Terms of Service (the "Terms") govern the provision of services by Normain AB, reg. no 559464-9526, Luntmakargatan 26,111 37 Stockholm, Sweden ("Normain","we","us", or "our")to you, the customer ("Customer","you", or"your").
By creating an account, accessing, or using the Services (as defined below), you expressly agree to be bound by these Terms. If you are accessing or using the Services on behalf of a legal entity (such as your employer), you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to that entity.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
The Services are intended for use by individuals and entities who are at least 18 years of age.If you are under 18, you may not use the Services.
1.1 Definitions
"Services" means the platform, software, tools, features, and related services provided by Normain through https://app.normain.com and associated applications.
"Platform" means Normain's proprietary software platform made available to you as part of the Services.
"Customer Data" means all data, information, and content that you submit, upload, create, or otherwise provide to or through the Services.
"Documentation" means any user guides, technical documentation, and other materials provided by Normain relating to the Services.
"Subscription" means your paid access to and use of the Services for a specified subscription period.
2. DESCRIPTION OF SERVICES
2.1 Services Provided
Normain provides data processing, analytics, and related services through the Platform. The specific features and functionality available to you depend on your selected subscription plan as described on our website at https://normain.com and https://docs.normain.com.
2.2 Modifications to Services
We are continuously developing and improving the Services. We reserve the right to add, modify, or remove features or functionality of the Services at any time. While we strive to avoid disruptions, we cannot guarantee uninterrupted access to the Services, and your content may not be retrievable due to service modifications, outages, or technical issues. We will make reasonable efforts to notify you of material changes that negatively impact the Services.
We may discontinue the Services or any part there of at any time, with or without notice, if they no longer make sense from a business perspective or create risk for Normain, our customers, or third parties.
3. ACCOUNT REGISTRATION AND MANAGEMENT 3.1 Account Creation
To access and use the Services, you must register for an account. You agree to: (a) Provide accurate, complete, and current information during registration; (b) Maintain and promptly update your account information to keep it accurate and current;
(c) Maintain the security and confidentiality of your account credentials (username and password);
(d) Immediately notify Normain of any unauthorized use of your account or any other security breach; and
(e) Accept responsibility for all activities that occur under your account.
3.2 Account Responsibility
You are solely responsible for all activities conducted through your account. We may assume that any communications or actions taken through your account were authorized by you. If your account is compromised or you lose access to your registered email address, we may not be able to restore access to your account or your data.
3.3 Account Transfer
You may not license, sell, transfer, or assign your account or any rights under these Terms without our prior written consent.
4. SUBSCRIPTION AND PAYMENT TERMS
4.1 Subscription Plans and Pricing
The subscription plans, pricing, and billing terms for the Services are set forth on our website at https://normain.com. All prices are stated excluding VAT and other applicable taxes, which will be added to your invoice as required by law.
4.2 Payment Obligations
By subscribing to a paid plan, you agree to pay all applicable fees for your selected subscription plan. You must provide valid payment information (credit card or other approved payment method) and authorize Normain to charge such payment method for all fees incurred.
4.3 Billing and Invoicing
Unless otherwise specified for your subscription plan:
(a) Subscription fees will be billed in advance on a monthly or annual basis, as selected by you;
(b) Usage-based fees (if applicable) will be invoiced monthly in arrears; (c) All invoices must be paid within seven (7) days of the invoice date; and (d) Payment must be made via credit card or other payment method approved by Normain.
4.4 Auto-Renewal
Your Subscription will automatically renew at the end of each subscription period (monthly or annually, as applicable) unless you cancel your Subscription before the renewal date. The renewal will be at Normain's then-current pricing, which may differ from your initial subscription price. You will be charged automatically using your payment method on file.
4.5 Cancellation
You may cancel your Subscription at any time by accessing your account settings or by contacting us at support@normain.com. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Services until the end of the period for which you have paid.
4.6 Price Adjustments
All prices may be adjusted annually on 1January based on changes in Statistics Sweden's Labor CostIndex förtjänstemän (LCItjm) preliminärt index, SNI 2007 kod S (Andra serviceföretag), or as otherwise notified to you with at least thirty (30) days' advance notice.
4.7 Late Payment
In the event of late payment, penalty interest and reminder and delay fees may be charged in accordance with Swedish law. We also reserve the right to suspend your access to the Services in accordance with Section 8 below.
4.8 No Refunds
Except as expressly set forth in these Terms or as required by applicable law, all fees are non-refundable. If you cancel your Subscription, you will not receive a refund for any unused portion of your subscription period.
4.9 Expenses
You may be charged for reasonable, pre-approved expenses incurred by Normain in connection with providing the Services to you, provided such expenses are confirmed with a receipt or similar documentation.
5. USE OF THE PLATFORM
5.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, Normain grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform solely for your internal business purposes during the subscription period.
5.2 Use Restrictions
You shall not, and shall not permit any third party to:
(a) Grant others the right to use the Platform;
(b) Copy, modify, adapt, translate, or create derivative works of the Platform;
(c) Reverse engineer, decompile, disassemble, or attempt to derive the source code ofthe Platform;
(d) Rent, lease, lend, sell, sublicense, or otherwise transfer the Platform to any third party; (e) Remove, alter, or obscure any proprietary notices on the Platform; (f) Use the Platform in any manner that violates applicable laws or regulations; (g) Use the Platform to transmit any viruses, malware, or other harmful code; (h) Attempt to gain unauthorized access to the Platform or related systems or networks; (i) Interfere with or disrupt the integrity or performance of the Platform;
(j) Use automated systems (bots, scrapers, crawlers)to access the Platform without our written permission;
(k) Use the Platform to compete with Normain or develop competing products or services;
(l) Resell, redistribute, or make the Platform available to third parties as part of a service bureau or similar arrangement; or
(m) Use the Platform in any way that could damage Normain's reputation or business interests.
5.3 Third-Party Services and Licenses
The use of the Platform may require or integrate with third-party services, software, or licenses. You are responsible for obtaining and maintaining, at your own expense, any such third-party licenses necessary for your use of the Platform. You agree not to breach any third-party license terms in connection with your use of the Services.
5.4 Instructions and Compliance
You shall abide by Normain's instructions, Documentation, and guidance regarding the proper use ofthe Platform. You are solely responsible for:
(a) Your use ofthe Platform and compliance with these Terms;
(b) The accuracy, quality, and legality of Customer Data;
(c) The means by which you acquire and provide Customer Data to the Platform;
(d) Ensuring you have all necessary rights, permissions, and consents to provide Customer Data to Normain and to use the Services; and
(e) Maintaining appropriate backup copies of your data.
6. USER RESPONSIBILITIES AND ACCEPTABLE USE 6.1 General Responsibilities
You are responsible for:
(a) Providing Normain with all information and materials reasonably required for the provision of the Services;
(b) Ensuring that all Customer Data complies with applicable laws and these Terms; (c) Maintaining the confidentiality of your account credentials;
(d) All activities conducted through your account;
(e) Ensuring backup copies are made of your data; and
(f) Providing and maintaining the necessary hardware, software, and internet connectivity to access the Services.
6.2 Prohibited Conduct
You agree not to use the Services to:
(a) Violate any applicable law, regulation, or third-party right;
(b) Engage in any fraudulent, misleading, or deceptive activity;
(c) Transmit or upload any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(d) Transmit any content that in fringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(e) Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;
(f) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
(g) Engage in activities that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services;
(h) Attempt to gain unauthorized access to any portion oft he Services, other accounts, computer systems, or networks connected to the Services;
(i) Upload or transmit viruses, malware, or any other malicious code; or
(j) Collect, harvest, or process personal information about other users without authorization.
7. CUSTOMER DATA AND INTELLECTUAL PROPERTY RIGHTS
7.1 Customer Data Ownership
You retain all ownership rights, title, and interest in and to Customer Data. Normain does not claim ownership of any Customer Data you provide to the Services.
7.2 License to Customer Data
By submitting, uploading, or providing Customer Data to the Services, you grant Normain a worldwide, non-exclusive, royalty-free license, with the right to sublicense to third parties solely as necessary to provide the Services, to use, reproduce, modify, adapt, process, store, transmit, and display Customer Data solely for the purposes of:
(a) Providing, operating, maintaining, and improving the Services;
(b) Performing our obligations under these Terms;
(c) Complying with applicable laws and legal obligations; and
(d) As otherwise expressly permitted by you.
Normain may assign this license to a successor entity in connection with a merger, acquisition, or sale of substantially all of its assets related to the Services, provided that the successor entity assumes Normain's obligations under these Terms and any applicable data processing agreement. Any sublicensing to subcontractors for the provision of Services shall be subject to data processing agreements that provide substantially similar data protection safeguards as set forth in these Terms.
This license terminates when you delete Customer Data or terminate your account, except to the extent we are required to retain copies for legal or regulatory compliance purposes.
7.3 Restrictions on Customer Data Use
Normain agrees that:
(a) Customer Data shall not be shared with or made available to any third party except: (i) as necessary to provide the Services (such as through authorized subcontractors), (ii) as required by law, or (iii) with your prior written consent;
(b) Customer Data shall not be used for any purpose other than providing the Services to you;
(c) Normain may use aggregated, anonymized, and de-identified data derived from Customer Data for analytics, product improvement, and benchmarking purposes, provided such data cannot be used to identify you, your intellectual property, or any individual.
7.4 Normain's Intellectual Property
All intellectual property rights in and to the Services, Platform, Documentation, and any content, technology, software, code, features, functionality, designs, trademarks, service marks, trade names, logos, and other materials provided by Normain (collectively, "Normain IP") are and shall remain the exclusive property of Normain or its licensors.
These Terms do nottransfer any ownership rights in Normain IP to you. Your license to use the Platform is limited to the rights expressly granted in Section 5.1.
7.5 Feedback
If you provide Normain with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you grant Normain a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and incorporate such Feedback into the Services or other Normain products without any obligation of acknowledgment, attribution, or compensation to you.
7.6 Monitoring and Content Review
Normain reserves the right, but has no obligation, to monitor, review, or pre-screen Customer Data to ensure compliance with these Terms and applicable law. If we determine that Customer Data violates these Terms or applicable law, we may remove or refuse to process such Customer Data and may suspend or terminate your account.
8. SUSPENSION OF SERVICES
Normain may suspend your access to the Services, without liability, if:
(a) You have overdue payments that remain unpaid ten (10) days after a payment reminder has been sent;
(b) You commit a material breach of these Terms, or we reasonably believe you have done so;
(c) Your use of the Services could reasonably cause harm or damage to Normain, the Platform, other users, or third parties;
(d) We are required to do so by law or by order of a governmental authority; or
(e) You suspend payments, enter into composition proceedings, file for bankruptcy, submit a request for company reorganization, or enter into liquidation or similar proceedings.
We will use reasonable efforts to provide you with advance notice of suspension where practicable, except in cases of emergency or where prohibited by law.
9. TERM AND TERMINATION
9.1 Term
These Terms commence when you create an account or first access the Services, whichever is earlier, and continue until terminated in accordance with this Section 9.
Your Subscription continues for the subscription period selected by you (monthly or annually) and automatically renews unless cancelled in accordance with Section 4.5.
9.2 Termination by You
You may terminate these Terms and your Subscription at any time by cancelling your Subscription in accordance with Section 4.5. Termination will be effective at the end of your current billing period.
9.3 Termination by Normain
Normain may terminate these Terms and your access to the Services immediately upon written notice if:
(a) You commit a material breach of these Terms that remains uncured forten (10) days after written notice of such breach;
(b) You engage in conduct that could reasonably cause harm or damage to Normain, the Platform, other users, or third parties;
(c) You suspend payments, enter into composition proceedings, file for bankruptcy, submit a request for company reorganization, or enter into liquidation or similar proceedings; or
(d) As required by law or regulatory authority.
9.4 Effect of Termination
Upon termination of these Terms:
(a) Your right to access and use the Services immediately ceases;
(b) You remain responsible for all fees and charges incurred prior to termination; (c) You must immediately cease all use of the Services and Normain IP;
(d) Normain may delete your account and Customer Data in accordance with our data retention policies; and
(e) The following Sections shall survive termination: 4.8 (No Refunds), 7 (Customer Data and Intellectual Property Rights), 10 (Limitation of Liability), 11(Warranties and Disclaimers), 13 (Confidentiality), 14 (Data Processing), 15 (Governing Law and Dispute Resolution), and 16 (General Provisions).
9.5 Data Retrieval
You are responsible for retrieving your Customer Data before termination. Upon termination, Normain may, but is not obligated to, provide you with a reasonable opportunity (not to exceed thirty (30) days) to retrieve your Customer Data. After such period, Normain may delete your Customer Data in accordance with our data retention policies.
10. LIMITATION OF LIABILITY
10.1 Liability for Breach
Subject to the limitations set forth in this Section 10, a Party that commits a breach of these Terms shall compensate the other Party for direct damages caused by such breach.
10.2 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, DATA, GOODWILL, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Cap on Liability
NORMAIN'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS FOR ANY AND ALL CLAIMS ARISING IN ANY CALENDAR YEAR SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE FEES PAID BY YOU TO NORMAIN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
10.4 Exceptions to Limitations
The limitations of liability in Sections 10.2 and 10.3 do not apply to:
(a) Liability arising from breach of confidentiality obligations under Section 13; (b) Liability arising from intentional misconduct or gross negligence;
(c) Liability for death or personal injury caused by negligence;
(d) Liability for fraud or fraudulent misrepresentation;
(e) Your payment obligations under Section 4; or
(f) Any other liability that cannot be limited or excluded under applicable law.
10.5 Force Majeure
Neither Party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, strikes, network infrastructure failures, internet service provider failures, or governmental actions (each, a "Force Majeure Event").
The Party affected by a Force Majeure Event shall promptly notify the other Party and shall use reasonable efforts to mitigate the effects of the Force Majeure Event. Performance shall be excused only for the period of the Force Majeure Event.
10.6 Time Limits for Claims
Any claim under these Terms must be brought within two (2) months from the date a Party becomes aware of the damage giving rise to the claim, and in any event no later than four (4) months from the date the damage occurred.
11. WARRANTIES AND DISCLAIMERS
11.1 Mutual Warranties
Each Party represents and warrants that:
(a) It has the full power and authority to enter into and perform these Terms;
(b) These Terms constitute a valid and binding obligation enforceable against it in accordance with theirterms;
(c) Its performance underthese Terms will not violate any agreement or obligation between it and any third party; and
(d) It will comply with all applicable laws and regulations in its performance underthese Terms.
11.2 Customer Warranties
You represent and warrant that:
(a) You have all necessary rights, permissions, and consents to provide Customer Data to Normain and to grant the license in Section 7.2;
(b) Customer Data does not and will not infringe or violate any third party's intellectual property rights, privacy rights, or other rights;
(c) Customer Data complies with all applicable laws, including data protection and privacy laws; and
(d) You will use the Services only in accordance with these Terms and applicable law.
11.3 Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORMAIN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) WARRANTIES THAT THE SERVICES WILLBE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
(c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES; AND
(d) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
11.4 No Guarantee of Results
Normain does not warrant, represent, or guarantee any specific outcomes, results, or performance metrics arising from Customer's use of the Services. The Services are provided solely as tools to assist and support Customer's business processes and operations, and Customer acknowledges and agrees that any outcomes, results, or benefits derived from the use of the Services are contingent upon numerous variables and factors beyond Normain's reasonable control, including but not limited to the completeness, accuracy, quality, and integrity of Customer Data provided by Customer, as well as Customer's independent validation and verification of outputs generated by the Services.
Customer expressly acknowledges that outputs generated by the Services, including but not limited to analyses, predictions, recommendations, and other AI-generated content, may contain inaccuracies, errors, or omissions. Customer bears sole responsibility for independently reviewing, validating, and verifying all outputs and results generated by the Services prior to relying upon or utilizing such outputs in any business decision-making, operational processes, or other material applications. Customer shall not rely solely upon outputs from the Services without conducting appropriate due diligence and validation procedures.
Normain expressly disclaims any liability for decisions made or actions taken by Customer based upon outputs from the Services without proper independent validation and verification by Customer.
11.5 Third-Party Services
Normain makes no representations or warranties regarding any third-party services, integrations, or content accessible through the Services. Your use of such third-party services is at your own risk and subject to the terms and conditions of such third parties.
12. SERVICE AVAILABILITY AND PERFORMANCE 12.1 Service Levels
Normain will use commercially reasonable efforts to make the Services available in accordance with industry standards. However, the Services may experience downtime due to maintenance, upgrades, technical issues, or Force Majeure Events.
12.2 No Specific Uptime Guarantee
Normain does not guarantee any specific uptime percentage or service level. While we strive to maintain high availability, the Services may be temporarily unavailable from time to time.
12.3 Scheduled Maintenance
Normain may perform scheduled maintenance on the Services. We will use reasonable efforts to provide advance notice of scheduled maintenance that is expected to cause significant disruption to the Services, and to perform such maintenance during off-peak hours where practicable.
12.4 Deviations from Requirements
If the Services deviate from agreed specifications or requirements, Normain shall use reasonable efforts to remedy such deviations within a reasonable time. However, Normain shall not be responsible for deviations caused by:
(a) Inaccurate, incomplete, or corrupted Customer Data;
(b) Third-party services or systems not under Normain's control;
(c) Your breach of these Terms;
(d) Your failure to follow Normain's instructions or Documentation;
(e) Modifications to the Services made by anyone other than Normain; or (f) A Force Majeure Event.
13. CONFIDENTIALITY
13.1 Confidential Information
"Confidential Information" means any confidential or proprietary information disclosed by one Party (the "Disclosing Party")to the other Party (the "Receiving Party"), including but not limited to business plans, technical data, product information, customer information, financial information, source code, trade secrets, and any other information that is marked as confidential or would reasonably be understood to be confidential given the nature of the information and circumstances of disclosure.
13.2 Confidentiality Obligations
Each Party agrees to:
(a) Maintain the confidentiality of the other Party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care;
(b) Use Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms;
(c) Not disclose Confidential Information to any third party except to employees, contractors, and professional advisors who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those in these Terms; and
(d) Promptly notify the Disclosing Party upon discovery of any unauthorized use or disclosure of Confidential Information.
13.3 Exceptions
The confidentiality obligations in Section 13.2 do not apply to information that:
(a) Was publicly available at the time of disclosure or becomes publicly available through no fault of the Receiving Party;
(b) Was rightfully known to the Receiving Party prior to disclosure by the Disclosing Party, without breach of any confidentiality obligation;
(c) Is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information;
(d) Is rightfully received by the Receiving Party from a third party without breach of any confidentiality obligation; or
(e) Must be disclosed pursuantto applicable law, regulation, or court order, provided the Receiving Party provides prompt written notice to the Disclosing Party (unless prohibited by law) and cooperates in any effort to seek confidential treatment.
13.4 Return or Destruction
Upon termination ofthese Terms or upon the Disclosing Party's written request,the Receiving Party shall promptly return or destroy (atthe Disclosing Party's election) all Confidential Information in its possession or control, exceptthatthe Receiving Party may retain one copy for archival purposes and to the extentrequired by applicable law.
13.5 Duration
The confidentiality obligations in this Section 13 shall survive termination ofthese Terms for a period of five (5) years.
14. DATA PROCESSING
14.1 Data Protection Compliance
Both Parties agree to comply with all applicable data protection and privacy laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other applicable data protection legislation.
14.2 Data Processing Agreement
To the extent Normain processes personal data on your behalfin providing the Services, the data processing agreement available here, or as otherwise agreed between the Parties shall apply and is incorporated into these Terms by reference. You and Normain are each "data controllers" or"controllers" with respectto personal data you each control, and Normain may also act as your"data processor" or"processor" with respectto personal data you provide through the Services.
14.3 Customer Obligations
You shall:
(a) Ensure that you have all necessary legal bases, rights, permissions, and consents to provide personal data to Normain for processing;
(b) Provide any required privacy notices to data subjects regarding the processing of their personal data;
(c) Respond to data subject requests and inquiries regarding their personal data; and
(d) Assist Normain, where applicable, in responding to data subject requests related to personal data processed by Normain on your behalf.
14.4 Security Measures
Normain implements appropriate technical and organizational measures to protect personal data and Customer Data against unauthorized or unlawful processing, accidental loss, destruction, or damage, in accordance with applicable law and industry standards.
15. GOVERNING LAW AND DISPUTE RESOLUTION 15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict oflaws principles.
15.2 Dispute Resolution - Arbitration
Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC").
The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute, and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish, unless the Parties agree that it shall be English.
15.3 Confidentiality of Arbitration
All arbitral proceedings conducted under Section 15.2 shall be kept strictly confidential. The confidentiality requirement includes all information disclosed during the proceedings as well as any decisions or arbitration awards. Information covered by this confidentiality requirement may not be disclosed to any third party without the other Party's prior written consent.
This confidentiality requirement shall not prevent a Party from disclosing information as required by applicable law, court order, or governmental authority, or as necessary to enforce, appeal, or challenge a decision or arbitration award.
15.4 Interim Relief
Notwithstanding Section 15.2, either Party may seek interim or provisional relief, including injunctive relief, from a court of competent jurisdiction to prevent irreparable harm or to preserve the status quo pending the completion of arbitration.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms, together with any applicable data processing agreement and any other documents expressly incorporated by reference, constitute the entire agreement between you and Normain regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.
16.2 Amendments and Modifications
Normain reserves the right to modify or amend these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where appropriate, by email to your registered email address or through the Services.
Changes will become effective seven (7) days after they are posted, unless otherwise required by law. If you continue to use the Services after the effective date of the changes, you agree to be bound by the revised Terms. If you do not agree to the changes, you must cancel your Subscription in accordance with Section 4.5.
16.3 Assignment and Transfer
You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, without Normain's prior written consent. Any attempted assignment in violation of this Section shall be void.
Normain may assign or transfer these Terms, in whole or in part, without your consent: (a)to an affiliate or subsidiary; (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets; or (c)to enforce payment obligations.
Normain may also assign its right to receive payment under these Terms to a third party without your consent.
16.4 Subcontractors
Normain may engage subcontractors to assist in the performance of its obligations under these Terms. Normain remains fully responsible for the acts and omissions of its subcontractors as if they were Normain's own acts and omissions.
16.5 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
16.6 Waiver
No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.
16.7 Non-Solicitation
During the term of these Terms and for one (1) year following termination, neither Party shall directly or indirectly solicit for employment or hire any employee or contractor of the other Party who is or has been involved in the performance of these Terms, without the other Party's prior written consent. This restriction shall not apply to general solicitations of employment not specifically targeted at the other Party's personnel.
16.8 Independent Contractors
The Parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party has the authority to bind the other Party or to incur obligations on behalf of the other Party without the other Party's prior written consent.
16.9 Notices
All notices required or permitted under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; (c) sent by internationally recognized overnight courier; or (d) five (5) days after being sent by certified or registered mail, postage prepaid, return receipt requested.
Notices to Normain shall be sent to:
Normain AB
Luntmakargatan 26
111 37, Stockholm, Sweden
Email: support@normain.com
Notices to you shall be sent to the email address associated with your account.
16.10 Export Compliance
You agree to comply with all applicable export and import control laws and regulations in your use of the Services. You represent that you are not located in, under the control of, or a national or resident of any country to which Sweden, the European Union, or the United States has embargoed goods or services.
16.11 Marketing and References
You consent to Normain using your name, trademarks, and logo as a reference customer on Normain's website, in marketing materials, and in other media (without disclosing details of your use of the Services or any Confidential Information), provided you have given your prior written consent. You may withdraw this consent at any time by providing written notice to Normain.
16.12 Language
These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or dispute regarding interpretation.
16.13 Survival
Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4.8, 7,10,11,13,14,15, and 16.
16.14 Electronic Communications
By using the Services, you consent to receive communications from Normain electronically, including via email or by posting notices on our website or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Normain AB
Luntmakargatan 26
111 37 Stockholm, Sweden
Email: hello@normain.com
Website: normain.com
BY CREATING AN ACCOUNT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.