BY DOWNLOADING AND USING IQMTEL APPS YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. DO NOT INSTALL OR USE THIS SOFTWARE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
This licence agreement regarding the service (the “Service”) and the software used for providing the Service (the “Software”) is concluded between IQMTEL Sweden AB (“IQMTEL”) and you (the “End User”).
1. Limitations. The End User is granted a limited, non-exclusive, non-transferable, non-assignable, revocable right to use the Software on one (1) device (“device” shall for the purposes of this agreement mean a smartphone running the android operating system or Iphone running operating system IOS). This agreement and the terms provided for herein are supplemented by any and all terms and conditions specified in the Google Play Terms of Service or Apple App Store Terms of Serivce.
IQMTEL reserves and retains any and all intellectual property rights and other rights including title to and interest in the Service and the Software. The End User is only entitled to use the Service and the Software for its own personal use and acknowledges and agrees that the End User is not allowed to change, modify or copy the Software (or any part thereof) in any way. Further, the End User is restricted from reverse engineering, decompiling, disassembling, adapting, changing, renting, leasing or selling the Service or the Software or creating any new software, service or any other derivative work based on the Service or the Software (or any part thereof). The End User may not use the Service or the Software in the capacity of service provider or software provider or otherwise for commercial purposes of any kind.
2. Amendments. IQMTEL reserves the rights to make changes and updates in the Software and the End User hereby acknowledges and accepts IQMTEL’s right to make such updates and changes without prior notice to the End User.
3. Guarantees. The Service and the Software are provided by IQMTEL to the End User “as is” and without support. IQMTEL makes no warranties or representations of any kind, whether expressed or implied, in relation to the Service and the Software or any results generated through the use thereof.
4. Liability. Neither IQMTEL nor its directors, employees, subsidiaries or agents assume any liability for any costs, losses, expenses or damages of any kind (whether direct or indirect and whether foreseeable or not) and shall under no circumstances be held liable towards, or obligated to pay any amount to, the End User (regardless of whether the claim derives from the use of the Service or Software by the End User or the fact that the Service has not been available for use).
5. Personal data. The End User hereby acknowledges and consents to that IQMTEL, in connection with the use of the Service, collects and stores information regarding (i) the date, time, geographical place, result, IP-address, operator and server for every measurement, (ii) the phone model and version of operating system used during the measurement and (iii) the non-personal identification code that connects the measurement to the End User’s phone. Any and all intellectual property rights emanating from IQMTEL’s provision of the Service and the End User’s use of the Service, including without limitation measurement data, shall be the sole and exclusive property of IQMTEL and IQMTEL will hence be entitled to use such data in any way it sees fit.
6. Mobile network costs. The End User is aware that the use of the Service requires use of the mobile network which may result in charges from the End User’s mobile operator or any other third parties. IQMTEL assumes no liability whatsoever for any fees that the End User may be charged by a third party in connection with the use of the Service.
7. Termination. IQMTEL reserves the right to terminate this agreement and withdraw the right for the End User to use the Service and the Software with immediate effect and without any prior notice to the End User if (i) the End User does not comply with the terms set out in this agreement, (ii) any claim from a third party is brought against IQMTEL in connection with the End User’s use, or IQMTEL’s supply, of the Service and/or Software, or (iii) IQMTEL otherwise, based on commercial considerations, determines to discontinue its provision of the Service. Upon termination the End User shall immediately cease to use the Service and the Software and IQMTEL will immediately cease to provide the Service.
8. Law. This agreement and any dispute, controversy or claim arising out of or in connection with the agreement shall be governed by the substantive laws of Sweden.