Terms of Use
Introduction
1. Modification of Terms
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions, or deletions (“Modifications”) will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute your acceptance of such Modifications.
2. Changes to Websites
We may change or discontinue any aspect, service, or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.
3. Registration
You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as feedback forms, forums, and other community features, to create a user account (“Your Account”) that may allow you to provide feedback to users of Our services and/or Websites (“Users”), receive information from Us or Users and/or participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Websites so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to, and use of the Websites and all charges related to the same.
4. User Content Guidelines
The following terms apply to content submitted by you:
- 4.1 The Websites may contain feedback forms, comments sections, discussion forums, or registration forms, user personal information, other interactive features (“Interactive Areas”) in which you may post or upload your feedback or other user-generated content, comments, video, photos, messages, other materials, or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas, and you use them at your own risk. Interactive Areas are available for individuals aged 15 years or older. By submitting User Content to an Interactive Area, you represent that you are 15 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter these Terms, submit content, and participate on the Websites.
- 4.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, paedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behaviour; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. Any person determined by Rexett in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent.
- 4.3 You agree not to represent or suggest, directly or indirectly, Rexett’s endorsement of User Content.
- 4.4 You agree not to upload, post, or otherwise transmit any User Content, software, or other materials that contain (or may contain) a virus or other harmful or disruptive component.
- 4.5 You agree not to use any service, technology, or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf.
- 4.6 You agree not to use any technology, service, or automated system to post more User Content than an individual could upload in each period.
- 4.7 Any conduct that We, in Our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right in our sole discretion to remove or edit User Content submitted by you.
- 4.8 We are not responsible for the accuracy or credibility of any User Content and do not take any responsibility or assume any liability for any actions you may take because of reading User Content Posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues, and/or foreign nationals. By using Interactive Areas, you assume all associated risks.
- 4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by Us and to satisfy any law, regulation, or authorized government request. Although We have no obligation to monitor, screen, edit, or remove any of the User Content posted or uploaded to the Websites, We reserve the right, and have absolute discretion, to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by Rexett to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on Our part in connection with or arising from your use of Interactive Areas on the Websites.
- 4.10 By submitting User Content to the Websites, you automatically grant Us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to Us that you have the full legal right, power, and authority to grant to Us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to Us the right, but not the obligation, to pursue at law any person or entity that violates your or Our rights in the User Content by a breach of these Terms.
5. User Conduct Guidelines
The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Rexett employee, affiliate, agent, or contractor, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about Users or posting private information about a third party.
6. What services are provided by rexett?
6.1) Software development services
Unlimited Projects
Such as your CV, cover letter, work samples, Clients can initiate unlimited software development projects, with the stipulation that only one project can be active at a time. Upon completion of a project, a new project can begin
Subscription Basis
Clients pay a fixed monthly fee for our services, regardless of the project's scope or complexity.
Customized Offers
In addition to subscription-based services, Rexett offers customized software development solutions tailored to the specific needs of each client.
Project Completion and Handover
Rexett is fully responsible for the completion and delivery of each project. Completed projects will be handed over through agreed platforms such as a Git repository.
Quality Assurance
Rexett guarantees that all delivered software meets the highest quality standards and fully satisfies the agreed-upon requirements.
6.2) Vetted global talent services
Vetted Global Talent
Rexett sources, screens, and hires top talent from around the world, ensuring they meet our quality standards before presenting them to clients.
Quality Assurance
We guarantee that the professionals we provide are skilled and reliable. Rexett takes full responsibility for the performance and conduct of the hired talent.
Replacement Guarantee
If a client is not satisfied with the performance of the hired talent, Rexett will respond immediately and provide a suitable replacement within days.
High-quality work
Developers & partners are responsible for delivering high quality work according to the agreed-upon terms and conditions.
Client responsibilities
Clear Requirements
Clients must provide clear and detailed job descriptions and requirements to facilitate the hiring process.
Feedback
Timely feedback on the performance of the hired talent is essential for Rexett to ensure continued quality and satisfaction.
Payment
Clients agree to make payments for services rendered in accordance with the agreed payment terms.
Rexett responsibilities
Talent Vetting
Rexett ensures that all talent provided is thoroughly vetted, including background checks, skill assessments, and interviews.
Continuous Support
Rexett offers ongoing support to address any issues or concerns clients may have with the hired talent.
Prompt Replacement
In the event of dissatisfaction, Rexett will promptly replace the talent, ensuring minimal disruption to the client’s operations.
Rexett reserves the right to terminate the services of clients, developers, or vendors who violate these terms and conditions or engage in unethical behaviour.
7. Project Terms
7.1 Subscription base Projects
- By accepting a Proposal, signing a contract or subscribing to any services, you agree to and accept the terms and conditions of rexett. acceptance can be verbal, by email, payment of initiation, signing a contract or by subscribing to any software services.
- Clients to ensure that we have included all requirements in the proposals/project contract and that we fully understand their requirements. clients must provide us with clear guidelines along with the flow or specific details they may require. when such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. at a later stage, if a discrepancy arises, it may lead to additional costs & time to accommodate the changes. thus, it is essential that you clarify every aspect of your project.
- Any revisions or modifications to an ongoing project will not incur additional charges, provided that only one project is active at a time. Changes to the design after receiving initial approval will also not result in extra fees. However, any alterations requested after the project has been handed over and approved by the client will incur additional charges.
- Domain registration/renewal etc charges are not included as a part of any project unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
- Hosting charges are not included in the subscription Plan or Project unless mentioned otherwise. Rexett can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Rexett will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- Depending upon the functionalities required, there may be 3rd party components such as payment gateways or SSL certificates involved in building a website/application. Although rexett does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, payment gateway, cloud services, plug-in licenses etc) are not included in our Subscription.
- Clients may cancel their project subscription at any time. However, as our subscriptions are billed monthly, the cancellation will take effect at the end of the current billing cycle, which is 30 days from the subscription start date. Refunds are not possible in this case.
- Clients can track the complete progress of their projects through the user dashboard. The dashboard allows clients to add new projects (one at a time), monitor project progress, provide feedback, read reviews, and much more.
7.2 Customized Offers (Non-Subscription base Projects)
- All estimates/quotes are based on our understanding of your requirements and as per given timeframe. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face-to-face meeting.
- By accepting a quote, you agree to and accept the terms and conditions of rexett. Acceptance can be verbal, by email, payment of initiation, signing a quote.
- Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
- Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by rexett.
- There are limited man-hours allocated to each task including project management and digital strategist/business analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
- Rexett will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
- Any bugs (programming errors) reported during or just after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- Any modifications requested during the development or after the go-live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will rexett be liable for any delays caused by change in the project brief.
- Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
- Our websites/applications are generally tested on pcs and include near recent versions of following browsers: IE, Firefox, chrome & safari. If you require testing to be done on any other browser, please let us know in advance.
- Responsive/multi-device compatible web pages are tested on iPhone and iPad. If you require testing to be done on any other device, please discuss it in advance.
- Please note that at any stage during the project, stalling of the project for over two calendar months will $150/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
- Rexett codes (not including open-source software) are copyrights of rexett. The codes can be handed over at an additional cost for use once all previous invoices are settled on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
- Depending upon the functionalities required, there may be 3rd party components such as third-party payment gateways or SSL certificates involved in building a website/application. Although rexett does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, payment gateway, Cloud services, plug-in licenses etc) are not included in our quotes.
- Rexett offer packages in co-ordination with third party providers. Changes to the thirdparty provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. If it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
- Hosting charges are not included in the quotations unless mentioned otherwise. Rexett can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Rexett will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- Notwithstanding any other provision in the agreement, in consideration of the customer entering into this agreement with rexett, upon full payment of any outstanding invoices, rexett will grant an unconditional license to the customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1.the graphics, 2. Texts and 3. Images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities
Questions or concerns? Reading this terms & conditions notice will help you understand your rights and choices. If you do not agree with our terms and conditions, please do not use our services. If you still have any questions or concerns, please contact us at info@rexett.com
8. HOW DO I USE THE SERVICES?
8.1 The Platform
The Services are primarily administered through our web-based platform available on the Site (the “Platform”). However, you can also purchase Services and communicate with us over e-mail (info@rexett.com) or phone through the contact details provided at the bottom of this document.
8.2 Authorized Users
Only you and those of your authorized users, such as employees, representatives and other authorized persons within the Customer organization (“Authorized Users”) may use the purchased Services and other materials that may be provided in conjunction with the Services.
8.3 User Account
To use the Platform, an authorized representative of the User (an “Admin”) needs to create a User account in the Platform (a “User Account”). The admin may then invite Authorized Users as users to the User Account. Authorized Users may access and use the Platform and related materials provided through the Platform after creating a user account (“User Account”).
8.4 Personal information
To provide the Services and the Platform we need to obtain certain personal information as prompted in the registration form, such as e-mail address, password, company information, personal name, academic detail for talent registration, phone number, and your company billing information. You can read about how we process personal data in our Privacy Policy (available at https://www.rexett.com/privacy-policy
8.5 Customer’s liability
The Customer Account and each User Account is personal and may not be accessed by or transferred to a third party. You acknowledge that you shall always remain liable for any Authorized Users’ use of the Platform and Services. You shall ensure that all Authorized Users have read and understood the parts of these Terms that are applicable to them (such as the Do’s and Don’ts below).
9. HOW DO I PLACE A PROJECT ORDER
9.1 With in Subscription base Projects
Ordering Projects
We offer flexible subscription plans to match your software development needs. Depending on the subscription you choose, you can manage the number of projects you work on simultaneously. Here's how it works:
One Project at a Time Subscription
Single Project Focus
With this plan, you can place one project at a time.
Sequential Processing
You need to wait until your current project is completed before you can start the next one
Unlimited Projects
You can submit unlimited projects, but each one will be processed sequentially, one after the other.
Two Projects at a Time Subscription
Parallel Project Processing
This plan allows you to place and work on two projects simultaneously.
Increased Efficiency
Once both projects are completed, you can immediately place two more projects.
Unlimited Projects
Enjoy the flexibility of unlimited projects, with the ability to manage two at a time, maximizing your development throughput.
Key Benefits
Unlimited Software Development
Regardless of the plan you choose, you can submit an unlimited number of projects.
Tailored to Your Needs
Choose the subscription plan that best suits your workflow and project management style.
Optimized Workflows
Ensure continuous progress with our streamlined project management, either focusing on one project at a time or handling two in parallel.
Select the subscription that aligns with your project load and get started with seamless software development today!
Order acceptance
A Project order is accepted when you receive an order confirmation from us in the Platform. For the avoidance of doubt, we may in our sole discretion determine when we can accept an order for a Project. In case we reject a Project order, we will always provide you with information on the reasons for the rejection and will discuss and try to find an alternative solution.
Disclaimer
We may provide you with an estimate on the expected work hours/months needed to complete a Project, however, you are aware that such an estimate is an assessment only and shall not be binding to us. For the avoidance of doubt, nothing in these Terms shall be construed as us committing to deliver a certain Project within a specified amount of work hours/days, unless such conditions are expressly included in your Service Specification or otherwise agreed in writing between you and us.
9.2 With in Customized Offers (Non-Subscription base Projects)
Ordering Projects
Please refer to section 7.2 for more information on customized projects
10. Users of Subscription base Services
11. Maintenance Terms
11.1 Monthly/Annual Maintenance Package Terms
- All maintenance packages are for a minimum of one month’s period or Yearly package.
- Maintenance packages are billed monthly/annually.
- Packages may include 12 months website maintenance, App maintenance, email hosting and DNS hosting, software updates, backup and restore, Performance optimization, Broken link checking, Server monitoring.
- Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
- Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your application along-with any website fixes that may arise because of the updates. Any remaining hours can be used to make changes to the website/mobile app. Any additional workhours are requested for your approval.
- Any extra hours used will be billed separately @ $ 100/hour.
- Support requests need to be sent via email to info@rexett.com.
- Any urgent tasks will be charged separately.
- The package is auto renewed every year on its anniversary date.
12. What are the payment terms?
12.1 Maintenance Payment terms
An administrative fee of $ 60 will be charged to the clients account for any late payments.
Missed payment may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
There are absolutely no refunds for any fees related to the monthly maintenance package.
12.2 Software development Payment terms
Fees
You shall pay the fees for the Services you have ordered in accordance with the prices and payment terms quoted in the applicable Service Specification. All fees and charges are non-refundable and set out exclusive of value-added tax (VAT) and other additional taxes and charges.
Payment terms
Unless otherwise agreed between you and us in writing, all fees shall be paid in advance, no later than fifteen (15) days from the date of the invoice. Auto Invoices will be sent to the e-mail address of the Authorized User/ user dashboard (invoice section) that you have designated as a contact person.
Assignment
Rexett has the right to assign its right to payment under these Terms to a third party.
Invoice Objections
Invoice objections must be presented in writing no later than three (2) weeks after the date of invoice. Even if an objection has been raised within such period, you shall pay the undisputed part of the invoiced amount by the due date.
Late Payments
In case of late payment, we are entitled to charge for payment reminders, collection charges $60 and late payment interest (12%). Late payment shall carry interest according to the Swedish Interest Act (1975:635) on the outstanding amount until full payment has been made. In case of late payments, we will also be entitled to temporarily block your access to the Services and withhold any Projects and Results.
Price Adjustment
We have the right to adjust our fees for the Services on the condition that we notify you in writing at least thirty (30) days before the new fee will be applied. If you do not accept such new fee, you have the right to terminate the affected Services by notifying us within fourteen (14) days from receiving notice of the change. If you object to the new fee, the affected Services will be terminated on the same date as the new fee should have taken effect. If we do not receive an objection from you, you are deemed to have approved the new fee.
Currency fluctuations
Notwithstanding the above, we have the right to adjust our fees due to currency fluctuation, inflation or other events outside our control. In such case, we shall notify you in writing of the new fee and the reason for the adjustment no later than thirty (30) days before the new fee shall take effect
12.3 Hire Talent Payment terms
Fees
You shall pay the fees for the Services you have ordered in accordance with the prices and payment terms quoted in the applicable Service Specification. All fees and charges are non-refundable and set out exclusive of value-added tax (VAT) and other additional taxes and charges
Late Payments
In case of late payment, we are entitled to charge for payment reminders, collection charges $60 and late payment interest (12%). Late payment shall carry interest according to the Swedish Interest Act (1975:635) on the outstanding amount until full payment has been made. In case of late payments, we will also be entitled to temporarily block your access to the Services and withhold any Projects and Results.
13. THE DO’S AND DON’TS
You shall, and shall ensure your Authorized Users will:
- Comply with these Terms, all applicable laws, regulations, public orders as well as instructions and recommendations regarding the use of the Services provided by us from time to time.
- Ensure that all information provided to us, and all information published on the Platform or onto the Customer Account or a User Account is current, accurate, and complete always.
- Only upload content, files and other material that you own or that you are entitled to manage, publish and upload.
- Keep your Customer Account and User Account information strictly confidential and not share your passwords with others; and
- Only use information, materials and presentations provided by us for the purpose of using the Services.
You shall not, and shall not attempt or permit anyone else to:
- Modify, reproduce, duplicate, copy, publish or create derivative works or improvements, nor reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any portion of the Services, the Platform or the Site, or of any content, photographs, descriptions, software, image, graphics, logos, data or other information therein. For the sake of clarity, this does not apply to content belonging to Customer or Results.
- Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of any portion of the Services, the Site or the Platform
- Alter, remove, obscure, frame or mirror Rexett or our suppliers’ branding, proprietary notices or any content forming part of the Services or Platform or provided by us in connection with the Services.
- Use the Services, the Site or the Platform for any purpose, or when using the same acts in a way, that invades any person’s or entity’s privacy or other rights or could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive; and
- Not access or use the Services, the Site or the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of Rexett or any third party
Customer responsibility
You acknowledge that you are always responsible for any acts and omissions by you and any of your Authorized Users.
Consequences of non-compliance
. If you or any of your Authorized Users violate these Terms or use the Platform or Services in a way that, in our reasonable opinion, is harmful to us or any third party, we are entitled to remove any violating content and restrict or block your access to the Services.
14. WHO OWNS WHAT?
Intellectual property rights
In addition to what is stated regarding ownership of the Results, Preliminary Works and trademark ownership above (see section “How can I use the Results?”) you and we have the following rights to our respective intellectual property:
14.1 Customer’s intellectual property rights
Customer Content
In connection with providing the Services, you may upload or otherwise provide to us various content, such as logos, files, personal information, photos, project related document, and illustrations (“Customer Content”). As between you and us, you are the sole owner of and control all right, title, and interest in and to any Customer Content that you or any of your Authorized Users upload, post, transmit, or otherwise make available to us for the purpose of using the Services.
License
By using the Services, you grant Rexett and its successors a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to use, process, access, modify, reproduce, display, copy and store Customer Content and Results for the purpose of providing the Services. You acknowledge that Customer Content and Results may as part of the Service provisioning be uploaded to and further distributed by third party services, such as generative AI services. Unless otherwise agreed between us in writing, you agree to our use of such third-party services and grant to such service providers the same license to Customer Content and Results as to Rexett.
Disclaimer
We use commercially reasonable security measures to protect Customer Content, however, in no event shall we be liable for any loss of Customer Content, and we advise you to always keep your own backups of any Customer Content
Distribution
You are and shall remain responsible for all Customer Content that you or any of your Authorized Users distribute or upload into the Platform or otherwise provide to us (e.g. over e-mail). By uploading Customer Content on the Platform, you warrant that you are the owner of the Customer Content or are otherwise authorized to upload and distribute the Customer Content. We will not supervise whether the Customer Content is lawfully uploaded and/or distributed.
Claims and Indemnification
You warrant to protect us from any claims directed against us regarding Customer Content and shall indemnify and hold us harmless for any damages or losses incurred to us or a third party because of Customer Content. In no event shall we be liable for damages arising out of, or because of, Customer Content
14.2 Rexett’s intellectual property rights
Ownership
Except as expressly set out in these Terms, we, or as the case may be, our licensors, are the sole and exclusive owners of any and all right, title, and interest to the Services, the Platform, the Site and any and all source code, software, content, and other intellectual property related to or included in them, as well as any derivatives, enhancements, or improvements thereof. Except for the limited rights expressly granted under these Terms, nothing in these Terms shall be construed as transferring or assigning the title or ownership of any intellectual property rights in the Platform or Services to you
Know-how and marketing
We shall always be entitled to freely utilize all know-how deriving from the Services and the Results. Unless otherwise instructed by you in writing, we shall also have the right to display the Results on the Site for the purpose of marketing the Services.
Customer data
You acknowledge that we may freely utilize aggregated usage data, including but not limited to analytics data, usage data, log file data, and any anonymized data generated from your and any Authorized Users use the Platform and Site to optimize and improve the Services
15. FOR HOW LONG DO THESE TERMS APPLY?
Term and termination
Unless otherwise agreed, these Terms apply for the term specified in the Service Specification and/or if you have a Customer Account.
Termination for cause
Rexett has the right to terminate the Services with immediate effect if: (i) you have committed a material breach of these Terms and do not remedy the same within thirty (30) days from receiving notification of the breach; or (ii) you suspend any payments, decide on liquidation, file for bankruptcy (or if a third party files for your bankruptcy), or otherwise reasonably can be assumed to be insolvent.
Effects of termination
Upon termination for any reason, all unpaid fees for the Services ordered by you until the date of termination shall be payable, irrespective of the cause of termination. We will invoice you for all unpaid fees within ten (10) business days from termination. You acknowledge that you are not entitled to any reimbursements
Unregistering the User Account
You and any Authorized User may unregister from the Customer Account or User Account at any time by choosing “Delete account” or any corresponding function in the Platform, or by contacting us through the contact information provided at the bottom of the page. Rexett will then delete or anonymize any personal information that can be attributed to any individual, except for certain information that we by law may have to save and archive.
16. Disputes, Liability and Indemnity
16.1 Limitation of Liability
Except as expressly set out in these Terms or as provided by mandatory law, Rexett’s liability shall be limited as follows:
- Rexett shall not be liable for consequential or indirect damages, such as loss of profits, loss of data, costs of retaining another provider, loss of goodwill or missed opportunities. We Ensure to The Best of Our Ability That Our Systems and Servers Are Protected from Hackers, Viruses, Intruders and Other Online and Offline Problems, However We Will Not Be Held Liable for Any Disruption of Services If Such Situation Arises
- Rexett’s total liability for damages, arising from or in connection with the Services or these Terms shall not exceed the fees paid by the Customer to Rexett during the last six (6) months prior to the damaging event.
- Rexett Reserves the Right to Refuse Service to Any Client, If These Are Not Aligned with Our Business Operating Principles and Policies.
16.2 Customer claims
Customer shall, in order not to lose its right to damages, give notice of any claim to us without undue delay and not later than three (3) months from the day the circumstance giving rise to the claim was discovered or should have been discovered. Notice shall be sent using the contact details set out at the bottom of this document.
17. OTHER IMPORTANT THINGS TO KNOW?
Changes to the Services
We are committed to continuously improving and updating our Services. We shall be entitled to update, amend and modify Services as we see fit, provided that the performance or functionality does not decrease in any material way because of such changes. If we make such material adverse changes to your current Services, we will notify you on our Site or over e-mail at least thirty (30) days before the changes take effect. If you do not accept the changes, you have the right to terminate the affected Services by notifying us within fourteen (14) days from receiving the notice of the change. In such an event, the affected Services will be terminated on the same date as the change will take effect. If we do not receive a notice from you, you are deemed to have approved the changes.
Platform availability
We use commercially reasonable efforts to make the Platform available 24/7. However, we do not warrant that the Platform will be uninterrupted or error-free or that defects will be corrected. The Customer acknowledges that the Platform is provided “as is” and “as available”, without any warranties other than those expressly set forth herein.
Confidential information
The Parties agree to treat all non-public information of the other Party as confidential and not to use such confidential information for any purpose other than for use of the Services and performing its obligations under these Terms. Neither Party may disclose confidential information of the other Party to any third party without the prior consent of the providing Party, except as may be reasonably required to fulfil these Terms provided that such third party is bound by confidentiality obligations. The confidentiality undertaking in this clause shall remain in force for three (3) years after termination of the Services, except for trade secrets, which shall be protected without limitation in time.
Unforeseen events
We shall not be liable to you for failure or delay in providing the Services or performing any other obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control.
Non-Solicitation of employees and consultants
For as long as we provide Services to you and a period of twelve (12) months thereafter, you undertake not to, neither on your own nor through a third party, attempt to induce or persuade any of our employees or consultants to terminate their employment or assignment with us.
Assignment
You are not allowed to wholly or partly assign or pledge your rights and/or obligations under these Terms to any third party without our prior written approval.
Governing Law and dispute resolution
These Terms shall be governed by the substantive law of Sweden. You and we shall always first try to solve any disputes through discussions between each other. If we do not come to an understanding, any dispute, controversy or claim arising out of or in connection with the Services, 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, considering 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, and the language to be used in the arbitral proceedings shall be Swedish or English.
Changes to the Terms. We may make updates to these Terms from time to time by posting a new version to the Site, whereupon such changes will become effective.
HOW CAN I REACH OUT TO YOU?
If you have any questions or would like to reach out to us, you can always contact us by using the chat on the Site or the contact details below:
Company information:
Reg.no: – 559-453-1856
Rexett AB Gustaf Dahlénsgatan 30,
417 24,Gothenburg, Sweden
Email: info@rexett.com
