This Agreement is a legal agreement between LCubed AB (“LCubed”, “we” or “us”), the owner and licensor of iGrant.io, and the entity or person (“you”, “your”) who registered on the iGrant.io Enterprise Dashboard to receive certain personal data and consent management services that may be offered through iGrant.io. This Agreement describes the terms and conditions that apply to your use of the Services. If you do not understand any of the terms of this Agreement, please contact us before using the Services. You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

This Agreement provides a general description of the Services that LCubed may provide to you, including those allowing you to manage consents from your Users. We provide a more detailed description of the Services through the APIs and additional resources we make available to you on our website https://business.igrant.io

"General Terms" describes the Services you may use to manage both your Users consent agreements and the process of registering for and using your iGrant.io Account.

"Technology" describes your use of the APIs, Services, IP and Marks.

"Data Usage And Security" describes proper handling, management, and use of data, generated during your use of the Services, including your Users Data.

Finally, "Legal Terms" describes your liability to LCubed relating to your iGrant.io Account and other legal terms that apply to you.

LCubed provides Services that allow you to manage consents from your Users. The following terms used in this section relate to your use of the Services:

"Account" or "iGrant.io Account" means your organizations subscription to the Services.

"Account Representative" means an individual whose contact information and access rights are stored by us as part of the Account Information and can be found under team information in the Enterprise Dashboard.

"Additional User Charge" means the charges incurred by Excess Users.

"Agreement" means these Terms of Service and all materials referred or linked to herein.

"APIs" means the published software libraries and application programming interfaces that may be used to access the Services.

"Billing Cycle" means monthly Invoicing during Subscription Term.

"Committed Charge" means Price Per User multiplied by the Committed Number of Users.

"Committed Number of Users" means the minimum number of concurrent users that you have committed to pay for in a Billing Cycle.

"Confidential Information" means all information provided by the discloser to the receiver, whether orally or in writing that is designated as confidential. Confidential Information does not include any information that is or becomes generally known to the public without breach of any obligation owed to the discloser.

"Content" means text, images, and other content.

"Data" used without a modifier means all Personal Data, User Data, Payment Data and iGrant.io Data.

"Discount" means reduction in the Price per User based on volume and/or time commitments related to certain Service Packages. Such commitments are stated in the Order Confirmation section of the Enterprise Dashboard.

"Documentation" means the current versions of iGrant.io dashboard, user guides, support page and API documentation.

"Enterprise Dashboard" means the interface available to the Account Team Members, where the account is managed, personal data model is defined etc.

"Excess Users" means the number of users exceeding the Committed Number of Users during a monthly Billing Cycle.

"GDPR" means the General Data Protection Regulation.

"Ideas" means comments or ideas about improvements to the Services and Documentation of our products or services.

"iGrant.io Marks" means iGrant.io logos or trademarks.

"iGrant.io Data" means details of the API transactions over LCubed infrastructure, aggregated or anonymized information generated from Data, and any other information created by or originating from LCubed or the Services.

"Invoicing" means charges for any Services ordered. The Billing Cycle is 1 (one) month and starts the day of the Order. Invoices are sent the day after the last day of the Billing Cycle.

"Laws" means the domestic and international laws related to the use or provision of data protection, privacy and any other laws relevant to consents.

"LCubed IP" means all rights, title, and interest in patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property, or application thereof, embodied by, or contained in the APIs, Services and Documentation.

"Limits" means the Maximum API Calls or Monthly Users during Billing Cycle. The Limits associated with your chosen Service Package are set out in the Order Confirmation.

"Maximum API Calls" means the maximum number of API calls that you are permitted to make to our server using our SDKs or API's. The maximum number of API calls for your chosen Service Package is stated in the Order Confirmation.

"Maximum Number of Users" means the number of users that is fixed for fixed packages like Trial and Starter packages

"Monthly Users" means the maximum number of concurrent users during a Billing Cycle.

"Notifications" means notifications sent to make you aware of changes to your Services.

Order means your chosen subscription to the Services.

"Order Confirmation" means a confirmation of the Services that you have subscribed to (the Order). Orders are completed through our online payment process or via in-app purchase. The Order Confirmation can be found on your Enterprise Dashboard.

"Payment Services" means services provided to you by LCubed to enable payment for the Services.

“Payment Terms”: Invoices are due in 30 (thirty) days.

“Payment Data” means payment account details, information communicated to or by financial services providers.

“Price Per User” means the price that is set at the point of order for the coming Billing Cycle.

"Sensitive Information" means any information defined under EU data protection laws as sensitive personal data.

“Service Package” means the type of Services ordered through the Enterprise Dashboard with a committed Subscription Term. Each Order results in an Order Confirmation.

“Services” means any service that iGrant.io offers e.g. package, billing, integration, support.

“Starter” means a restricted Service Package at a fixed amount for a yearly Subscription Term paid at the start of the subscription.

"Subscription Fee" means the monthly amount that you pay for the selected Services.

"Subscription Term" means the period for which you commit to pay Subscription Fees on an Order.

“Trial” means a restricted Service Package available free of charge for a limited period of time.

“Users” means the primary beneficiaries of the Services, your users, employees, partners, that have been onboarded to the iGrant.io services for your organization.

“User Data” means personal data that identifies your Users, a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.

  1. Registration and Permitted Activities: Only businesses, bona fide charitable organizations, and other entities or persons located in Europe are eligible to apply for an iGrant.io Account under this Agreement. To register for an iGrant.io Account, you must provide us with your business or trade name, address, email, phone number, URL and DUNS number. We may also collect personal information (including name, telephone number and e-mail) about your Account Administrator. Until you have submitted, and we have reviewed and approved all required information, your iGrant.io Account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason. If you use Payment Services, your name (or the name used to identify you) and URL may appear on your Users’ bank or other statements. To minimize confusion and avoid potential disputes, these descriptors must be recognizable to your Users and must accurately describe your business or activities. You may only use the Services to manage your Users’ consents.

  2. Representation: You and your Account Administrator must individually affirm to LCubed that your Account Administrator is authorised to provide the information described in this Section on your behalf and to bind you to this Agreement. We may require that you provide additional information or documentation demonstrating your Account Administrator’s mandate to act on your behalf.

  3. Validation and Underwriting: At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, and to validate information you provided. You authorise us to retrieve information about you from your service providers, including credit and information bureaus. You acknowledge that this may include your name, addresses, credit history, and other data about you or your Account Administrator. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business. You acknowledge that in some cases, such information may lead to suspension or termination of your iGrant.io Account. LCubed may periodically update this information as part of our underwriting criteria and risk analysis procedures.

  4. Changes to your business, keeping your iGrant.io Account current: You agree to keep the information in your iGrant.io Account current by promptly updating your iGrant.io Account with any changes affecting you or your Account Administrator or any other pertinent information. We may suspend your iGrant.io Account or terminate this Agreement if you fail to keep this information current. You agree to us sending notification reminders to keeping this information current. You also agree to promptly notify us in writing no more than three days after any of the following occur: you are the subject of any voluntary or involuntary insolvency petition or proceeding, receivership, bankruptcy, or similar action; there is an adverse change in your financial condition; there is a planned or anticipated liquidation or substantial change in the basic nature of your business; you transfer or sell 25% or more of your total assets, or there is any change in the control or ownership of your business or parent entity; or you receive a judgment, writ or warrant of attachment or execution, or levy against 25% or more of your total assets.

You may only use the Services for legitimate purposes with your Users. You know your Users better than we do, and you are responsible for your relationship with them. LCubed is not responsible for the data you collect or share, or that your Users provide using the Services; or for your communication to your Users of the intended use of such data. You affirm that you are solely responsible for the nature and quality of the data that you collect, and for any additional services you provide to your Users.

  1. Ordering: Service Packages are ordered through the Enterprise Dashboard. Service Packages are defined as Trial, Starter or Pay Per User. For the Pay Per User package, discounts can be obtained based on time and committed number of users (Committed Charge), as detailed in the Order Confirmation.

  2. Subscription Fee: Trial package is free of charge.

    For the Starter package, there is a fixed Subscription Fee which is prepaid for the Subscription Term. An Additional Charge for Excess Users will be added as part of Billing Cycle reconciliation. The price for Excess Users is the same as your Price Per User.

    For the Pay Per User package, the Subscription Fee is variable and calculated on the last day of the Billing Cycle. It consists of a Committed Charge plus an Additional Charge for Excess Users. The Additional Charge is calculated as Excess Users multiplied by the Price per User. The Price per User remains unchanged during the Subscription Term, unless the order is upgraded or the Maximum Number of of API calls are exceeded

  3. Renewals: Service Packages are automatically renewed for another Subscription Term, with the same terms and conditions as the preceding order, unless a new order is placed through the Enterprise Dashboard or the current order it terminated. New orders may be placed up to and including the last day of the Subscription Term (that is until 23:59 CET).

    For a Trial Service Package the subscription will be automatically upgraded to a Pay-per-user Service Package at the end of the trial term.

  4. Upgrades during Subscription Term: Service Packages may be upgraded during their term. However, it will only take effect at the start of the next Billing Cycle. The term of the new Service Package cannot be shorter than the existing Subscription Term. Upgrades will be shown under Order Confirmation in the Enterprise Dashboard. An upgrade will result in a new Order Confirmation and the existing Order Confirmation being cancelled.

    LCubed will provide the Services to you at the rates and for the fees set-out in your Order Confirmation. We may revise the Fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable law). If you do not understand the Order Confirmation or you have a question about your Subscription Charges, please contact us.

  5. Payments: If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. If you are paying by invoice, we will invoice you at the end of the Billing Cycle. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice. You will keep your contact information, billing information and credit card information (where applicable) current in the Enterprise Dashboard at all times. All payment obligations are non-cancelable and all amounts paid are non-refundable, unless otherwise agreed.

  6. Taxes: Subscription Fees are exclusive of taxes. You agree to pay any taxes applicable to your use of the Services. If you are located outside Sweden, all fees are exclusive of VAT or applicable taxes in your country. At our request, you will provide us with your VAT registration number.

We will provide you with support to resolve general issues relating to your iGrant.io Account and your use of the Services. This support includes resources and documentation that we make available to you through the Documentation. If you have questions, please contact us.

  1. Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations applicable to your use of the Services.

  2. Restricted Activities: You may not, and may not allow others to: (i) access or attempt to access non-public LCubed systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by the Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by the Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Service.

We may refuse, condition, or suspend any use that we believe (i) may violate this Agreement; (ii) is unauthorized, fraudulent or illegal; or (iii) that expose you, LCubed, or others to risks unacceptable to LCubed. If we suspect or know that you are using or have used the Services for unauthorised, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your iGrant.io Account, your Users, and consents obtained through your use of the Services.

  1. Electronic Signature Consent and Notifications: By registering for an iGrant.io Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notifications from LCubed (“Notifications”), including those required by the Laws. You also agree that your electronic consent will have the same legal effect as a physical signature.

  2. Methods of Delivery: You agree that LCubed can provide Notifications regarding the Services to you through our website or through the Enterprise Dashboard, or by mailing Notifications to the email or physical addresses identified in your iGrant.io Account. Notifications may include information about your iGrant.io Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notification has the same legal effect as if we provided you with a physical copy. We will consider a Notification to have been received by you within 24 hours of the time a Notifications is either posted to our website or emailed to you.

  3. SMS and Text Messages: You authorise us to provide Notifications to you via text message to allow us to verify your or your Account Administrator’s control over your iGrant.io Account (such as through two-factor authentication), and to provide you with other critical information about your iGrant.io Account.

  4. Requirements for Delivery: It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to access your Enterprise Dashboard and review the Notifications provided to you. If you are having problems viewing or accessing any Notifications, please contact us.

  1. Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or LCubed. You may terminate this Agreement by closing your iGrant.io Account at any time, please contact us. If you use the Services again or register for another iGrant.io Account, you are consenting to this Agreement. We may terminate this Agreement or close your iGrant.io Account at any time for any reason by providing you a Notification. We may suspend your iGrant.io Account and your ability to access data in your iGrant.io Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of any risks associated with your iGrant.io Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; or (iii) any Laws or Regulatory Authority requires us to do so.

  2. Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all payments due for Services during set Subscription Term. In addition, upon termination you understand and agree that (ii) all licences granted to you under this Agreement will end; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data.

LCubed will use the Enterprise Dashboard to provide you with information about your iGrant.io Account. LCubed has developed and provides access to APIs that may be used to access the Services. You may use the APIs solely as described in the Documentation to use the Services on websites and through the keys provided in the Enterprise Dashboard. You may use the APIs to utilize the Services on your IT application or inside your mobile applications. You may not use the APIs for any purpose, function, or feature not described in the Documentation or otherwise communicated to you by us. Due to the nature of the Services, we will update the APIs and Documentation from time to time, and may add or remove functionality. We will notify you if we change functionality in the APIs so that you may continue using the Services with minimal interruption.

We will give you both publishable and secret API keys for production and demo available through the Enterprise Dashboard. Secret keys permit any API calls to your iGrant.io Account. You are responsible for securing your secret keys. Do not publish or share them with any unauthorised persons. Failure to secure your secret keys will increase the likelihood of unauthorized use of your iGrant.io Account and potential losses to you or your Users. You should contact us immediately if you become aware of any unauthorized use of your secret key or any other breach of security regarding the Services.

From time to time, we may offer you additional features or services that may be subject to additional or different terms of service. You may not use these additional services unless you agree to the applicable agreement or terms for those services.

We may also provide you access to services identified as “demo” services. You understand that these services are still in development, may contain bugs or errors, may be feature incomplete, may materially change, or may never be released commercially. These services are provided ‘as-is’, and without warranty of any kind, and your use of these services is at your own risk.

LCubed exclusively owns LCubed IP or any copies thereof. LCubed IP is protected by copyright, trade secret, patent, and other intellectual property laws, and LCubed reserves all rights in LCubed IP not expressly granted to you in this Agreement.

You may choose or we may invite you to submit Ideas. If you submit Ideas to us, we will presume that your submission was voluntary and delivered to us without any restrictions on our use of the Ideas. You also agree that LCubed has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

You are granted a nonexclusive and nontransferable licence to electronically access and use the LCubed IP only in the manner described in this Agreement. LCubed does not sell to you, and you do not have the right to sublicense the LCubed IP. We may make updates to the LCubed IP or provide new Services available to you automatically as electronically published by LCubed, but we may require action on your part before you may use the LCubed IP or new Services (including activation through the Enterprise Dashboard, or acceptance of new or additional terms). LCubed may revoke or terminate this licence at any time if you use LCubed IP in a manner prohibited by this Agreement.

You may not: (i) claim or register ownership of LCubed IP on your behalf or on behalf of others; (ii) sublicense any rights in LCubed IP granted by us; (iii) import or export any LCubed IP to a person or country in violation of any country’s export control laws; (iv) use LCubed IP in \ a manner that violates this Agreement or the Laws; or (v) attempt to do any of the foregoing.

We may make certain iGrant.io Marks available for use by you to allow you to identify iGrant.io as a service. LCubed may limit or revoke your ability to use iGrant.io Marks at any time. You may never use any iGrant.io Marks or LCubed IP without our express permission, or in a manner that may lead people to confuse the origin of your products or services with ours.the term of this Agreement, you may publicly identify us as the provider of the Services to you and we may publicly identify you as an iGrant.io customer. If you do not want us to identify you as a customer, please contact us. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and LCubed or the Services. Upon termination of your iGrant.io Account, both you and LCubed will remove any public references to our relationship from our respective websites.

Protecting, securing, and maintaining the information processed and handled through the Services is one of our top priorities, and it should be yours too. This section describes our respective obligations when handling and storing information connected with the Services. The following terms used in this section relate to data provided to LCubed by you or your Users, or received or accessed by you through your use of the Services:

LCubed processes, analyses, and manages Data to: (a) provide Services to you, and your Users; (b) mitigate harm to you, your Users and LCubed; and (c) analyse, develop and improve our products, systems, and tools. LCubed provides Data to third-party service providers to allow us to provide Services to you and your Users. We follow the GDPR in handling of all personal data.

  1. Confidentiality: LCubed will only use Data as permitted by this Agreement or as otherwise directed by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and your Users. Neither party may use any Personal Data unless it has received consent from the User to do so.

  2. Privacy: Protection of Personal Data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to review the terms of our Privacy Policy, which we update from time to time. You affirm that you are now and will continue to be compliant with all applicable Laws governing the privacy, protection and use of Data that you provide to us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable Laws to disclose to LCubed — or allow LCubed to collect, use, retain, and disclose — any Personal Data that you provide to us or authorise us to collect, including Data that we may collect directly from Customers using cookies or other similar means.

    As may be required by Law and in connection with This Agreement, you are solely responsible for disclosing to your Users that LCubed processes certain User Data. Additionally, where required by Law, we may delete or disconnect a User’s Personal Data from your iGrant.io Account when requested to do so by your User.

    LCubed may provide some or all of the Services from systems located in countries outside of Sweden. As such, it is your obligation to disclose to your customers that Data may be transferred, processed and stored outside of Sweden and, as set forth in our Privacy Policy, may be subject to disclosure as required by applicable Laws, and to obtain from your Users all necessary consents under applicable Laws in relation to the foregoing.

    If we become aware of an unauthorized acquisition, disclosure or loss of User Personal Data on our systems, we will notify you consistent with our obligations under applicable Law. We will also notify you and provide you sufficient information regarding the unauthorized acquisition, disclosure or loss to help you mitigate any negative impact on your User.

  3. We will, to the extent that we are a data processor, process Personal Data in accordance with the terms of this Agreement and lawful instructions reasonably given by you to us from time to time, and we will employ appropriate technical and organisational measures to protect such Personal Data. We will not be liable for any claim brought by a data subject arising from any action or omission by us, to the extent that such action or omission resulted from your instructions.

  1. LCubed’s Security: LCubed is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorised access, accidental loss, modification, or breach, and we will comply with applicable Laws when we handle User and Personal Data. However, no security system is impenetrable and we cannot guarantee that unauthorised parties will never be able to defeat our security measures or misuse any Data in our possession.

    You provide User Data and Personal Data to LCubed with the understanding that any security measures we provide may not be appropriate or adequate for your business. In our sole discretion, we may take any action, including suspension of your iGrant.io Account, to maintain the integrity and security of the Services or Data, or to prevent harm to you, us, your Users, or others. You waive any right to make a claim against us for losses you incur that may result from our actions.

  2. You provide User Data and Personal Data to LCubed with the understanding that any security measures we provide may not be appropriate or adequate for your business. In our sole discretion, we may take any action, including suspension of your iGrant.io Account, to maintain the integrity and security of the Services or Data, or to prevent harm to you, us, your Users, or others. You waive any right to make a claim against us for losses you incur that may result from our actions.

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website. We may provide you with Notification of changes through the Enterprise Dashboard, via email, or through other means. Your use of the Services, APIs, or Data after a change has taken effect, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement in your Order Confirmation at any time. You can find out when this Agreement was last changed by checking the “Last Updated” date at the top of the Agreement. If you do not accept a change to this Agreement, you must terminate the Agreement by closing your iGrant.io Account before the change takes effect (see Termination for further detail).

You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your iGrant.io Account to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. LCubed may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable notice to you.

Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us. Each party to this Agreement is an independent contractor.

We may reference or provide access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services (“Third-Party Services”). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service’s own terms of use and privacy policies.

Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees under this Agreement.

You agree to defend LCubed against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against LCubed, and you agree to fully reimburse LCubed for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use the Services; (iii) negligent or wilful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and the Users.

By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) you will fulfil all of your obligations to your Users and will resolve all Disputes with them; (d) you will comply with all Laws applicable to your business and use of the Services; (e) you will not use the Service, directly or indirectly, for any fraudulent or illegal undertaking, or to interfere in any manner with the normal operation of the Service.

WE PROVIDE THE SERVICES AND LCUBED IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY LCUBED OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES CREATES OR IMPLIES ANY WARRANTY FROM LCUBED TO YOU.

LCUBED DISCLAIMS ANY KNOWLEDGE OF, AND DOES NOT GUARANTEE: (a) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (b) THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR REQUIREMENTS; (c) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (d) THAT LCUBED WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICE, API, DOCUMENTATION, OR DATA; OR (e) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK — YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD.

NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID.

Under no circumstances is LCubed responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or LCubed have been advised of the possibility of such damages. LCubed further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorised access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by LCubed under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to LCubed during the three-month period immediately preceding the event that gave rise to your claim for damages.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

  1. Contracting Entity and Applicable Law. You are contracting with LCubed and this Agreement is governed by the laws of Sweden. For contracts with LCubed, both parties consent to the exclusive jurisdiction and venue of the courts in Stockholm, Sweden for all disputes arising out of or relating to the use of the Services.

  2. EU/EEA and Switzerland Data Processing: LCubed is committed to always protecting your data. LCubed will take all reasonable contractual, legal, technical, and organisational measures to ensure that your data is treated securely and with an adequate level of protection compared to and in line with at least the level of protection offered within the EU/EEA For additional detail on our commitments with respect to the Privacy Frameworks, see our Privacy Policy. To the extent that LCubed processes any Personal Data as part of User Data that is subject to the GDPR, on Customer’s behalf, in the provision of the services hereunder, the terms of the iGrant.io Data Processing Agreement, which are hereby incorporated by reference, shall apply.

    You acknowledge in all cases that LCubed acts as the data processor of your Users’ Data and you are the data controller of your Users’ Data under applicable data protection regulations in the European Union and European Economic Area. You will obtain and maintain any required consents necessary to permit the processing of your Users’ Data under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your iGrant.io account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.

This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and LCubed for provision and use of the Services. Except where expressly stated otherwise in a writing executed between you and LCubed, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services. This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of this Agreement is held to be invalid or unenforceable under Law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.

All provisions of this Agreement that give rise to a party’s ongoing obligation will survive termination of this Agreement, including but not limited to Sections A.3 (“Your iGrant.io Account”), A.5 (“Ordering and Payments”), A.7 (“Service Limitations, Prohibited Activities, and Security Controls”), A.8 (“Suspicion of Unauthorised or Illegal Use”), A.9 (“Disclosures and Notifications; Electronic Signature Consent”), A.10 (“Termination”), B.2 (“LCubed IP and Licensing”), B.3 (“LCubed Marks; References to Our Relationship”); and any related terms in the Agreement.

Last updated : Thursday, March 7, 2019.