WhistleB Free trial Terms of Use

 

25 May 2018 version

 

The Free trial (“Free trial”) that WhistleB, Whistleblowing Centre AB, Reg. No. 556873-2753, a limited liability company incorporated under the laws of Sweden (“WhistleB”, “we”, “us” and “our”) provides you with is subject to the following terms of use (“Free trial Terms of Use”).

These Terms of Use are based on the descriptive parts of the whistleblowing services on the WhistleB web site https://whistleb.com (“WhistleB web site”). The English version of the WhistleB web site will govern these Terms of Use and may be updated from time to time. Differences in the language versions of the WhistleB website may occur.

1. The Service. Subject to a free license, you will have access to the Free trial version of the WhistleB whistleblowing service, including the Communication channel and the Case management tool (“Service”). If you do not agree with all of the provisions of these Terms of Use, do not access and/or use the Free trial.

2. Service accounts

2.1. Service account creation. In order to use the Free trial, you have to register for a service account, and provide certain information as prompted by the account registration. You guarantee that:

(a) All required registration information you submit is truthful and accurate, and

(b) You will maintain the accuracy of such information.

You acknowledge that we may not be able to provide you with the Free trial unless you have an account and provide us with all the information necessary for us to carry out the creation of an account.

2.2. Service account responsibilities. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur in your account. WhistleB cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You agree to notify us immediately of any unauthorised use, or suspected unauthorised use, of your account or any other breach of security.

3 Access to the Free trial

3.1. License. WhistleB grants you or your entity a non-transferable, non-exclusive, revocable, limited license to use and access the Free trial. You are entitled to use the Free trial solely for the purpose of getting an impression of the WhistleB whistleblowing service and for such duration as indicated by WhistleB.

3.2. Restrictions. The rights granted to you in this Free trial are subject to the following restrictions:

(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, nor any content displayed on the WhistleB web site;

(b) You shall not copy, modify, make derivative works of, disassemble or reverse engineer any part of the Service; and

(c) You shall not access the Free trial in order to build a similar or competitive Service or web site.

3.3. Modification and discontinuation. WhistleB reserves the right to modify or discontinue the Free trial, at any time, in whole or in part.

3.4. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Free trial, the WhistleB web site and its content are owned by WhistleB or WhistleB’s suppliers. Neither these Terms of Use nor your use of the Free trial does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in section “The Service”.

4 Your data

4.1. Encryption. Your data is encrypted by default, in transmission and in storage. We do not hold any encryption keys to decrypt the provided data and hence cannot, read or access your data, unless otherwise authorised by you and agreed separately.

You acknowledge and agree that we are not responsible for your data. You are responsible for secure password management. The so called “Secondary password” is used to decrypt received reports. If the Secondary password is lost, you can restore and access your data with your backup encryption file. WhistleB cannot and will not be liable for any loss of data connected to loss of password and backup encryption file.

4.2. Acceptable use policy. The following terms constitute our Acceptable use policy and you hereby agree not to:

(i) upload, transmit, or distribute to or through the Free trial any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) use the Free trial to harvest, collect, gather or assemble information or data. The Free trial is for testing the Service only;
(iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Free trial; or
(iv) attempt to gain unauthorised access to the Free trial (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means.

5. Enforcement. We reserve the right, but have no obligation, to take appropriate action against your access to the Free trial, at our sole discretion, if you violate the Acceptable use policy or any other provision of these Terms of Use, or otherwise create a liability for us or any other person. Such action may include suspending or terminating the Free trial in accordance with the section ”Terms and termination”.

6. Disclaimers. We will provide the Free trial with the limitations described in the section “The Service” of these Terms of Use, or any manuals, as the case may be. However, the Free trial is provided on an “as-is” and “as available” basis, to the extent permitted by applicable laws. WhistleB and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether explicit, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. WhistleB and our suppliers make no warranty that the Free trial will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete or legal.

7. Liability. To the maximum extent permitted by law WhistleB shall in no event be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from, or relating to, these Terms of Use your use of, or inability to use the Free trial. Access to, and use of, the Free trial and the WhistleB web site is at your own discretion.

8. Terms and termination. WhistleB may suspend or terminate your rights to use the Free trial at any time if you use the Free trial in violation of these Terms of Use or otherwise create a material adverse effect for WhistleB.

9. Contact Information. If you wish to contact us, or if these Free trial Terms of Use require you to give notice to us in writing, please contact us at:

WhistleB Whistleblowing Centre AB

World Trade Centre, Klarabergsviadukten 70, Stockholm, Sweden 10724

+46 70 214 88 73

[email protected]

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