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By signing up you agree to the following Legal Terms and Conditions
NOTE: By accepting the terms and conditions you are entering into a legally binding agreement
The Fidesmo Service is a platform, marketed as a service, connecting Service Providers to the Fidesmo Card or Fidesmo approved secure elements (the "Secure Elements"). By accepting these terms and conditions you agree that by using the Fidesmo Developer Site (the "Developer Site") you are entering into a legally binding agreement with Fidesmo Corporation (Fidesmo AB, a corporation legally registered in Sweden with org. number 556926-0978). By signing up and registering for an account (a "Developer Account") you acknowledge that you have read and understood and agree to be bound by these terms and conditions (the "Terms").
When you sign-up, register and subsequently are using the Fidesmo Developer Site on behalf of a company or other entity, you represent and warrant that you have full legal authority to register for a Developer Account on behalf of that entity and bind it to these Terms. If you are not authorized, you may not accept the Terms or register for a Developer Account for someone else. Furthermore, you may not sign-up nor register for a Developer Account and may not accept the Terms if you are not of legal age to form a binding contract with Fidesmo.
The Terms will be evolved and amended and you are therefore obliged to regularly check back and keep yourself informed of the current Terms. Thus, your continued access to the Fidesmo Developer Site and/or use of the Fidesmo Card and associated APIs indicates your agreements to the Terms.
With the Fidesmo Card anyone can write and distribute their own card apps, deliver existing services or sell and manage card-based services from a phone app (the "Fidesmo App"). As soon as you have signed-up and registered for a Developer Account and agreed to follow these Terms, you can start developing and distributing you own card apps.
Below sets out how to sign-up, register and getting started with a Developer Account.
In order to get started you need to create your sign-up and register for a Developer Account. You do this via https://developer.fidesmo.com/signup. It is very important that you enter and keep up-to-date information at all times, including the name of your organization or company, e-mail address as well as any other requested information.
All notices and service messages (the "Notices") will, unless otherwise stipulated in these Terms, be sent to you to the information provided to us by you when signing-up and registering.
Once you have signed up and registered your Developer Account will be activated and you will find/receive an Application Key to obtain necessary access to the Fidesmo API and other necessary information.
Commercial Use: As long as you follow these Terms, Fidesmo grant you a limited, non-exclusive, non-assignable, non-transferable license under Fidesmo's intellectual property rights to use the APIs for commercial use to develop, test, and support your own card apps, and to let your customers use the apps thru interaction with the Fidesmo Card or other Fidesmo approved Secure Elements.
Non-Commercial Use: If you choose a non-chargeable license the APIs are licensed to you (on a limited, restricted in-time, non-exclusive, personal, non-transferable and royalty-free license) under which you are free to use as set out above PROVIDED THAT you only do so for non-commercial purposes (defined as using the license in a non-commercial environment for development, testing and other non-profit activity testing and without and only for as long as not charging a fee to any third party) and PROVIDED THAT you attribute the work to Fidesmo by (at least) mentioning our name, including an appropriate copyright notice and providing a link to our website located at http://fidesmo.com. Warranties and liabilities that may apply for Commercial Use are explicitly excluded for all Non-Commercial Use.
The development, distribution, selling and management of apps using the Fidesmo Card shall at all times be in accordance with these Terms.
The Fidesmo Pricing Tier, available at https://developer.fidesmo.com/documentation/pricing, sets out the different pricing levels applicable for having a Developer Account with Fidesmo and for using the Fidesmo Card, unless otherwise agreed in writing between you and Fidesmo Corporation.
After getting started as set out above, you will receive an invoice in respect of the applicable charges (the "Charges").
The invoice and any subsequent Charges shall be payable either immediately or within the date indicated on the invoice as last day of payment.
For usage of Fidesmo's payment functionality embedded in the Fidesmo App, we refer to our payment provider and partner Mangopay (hereafter "Payment Provider") and their terms of service. By agreeing to the Fidesmo Terms as defined, please refer to the above in Section 1A, and when making payment by using our Payment Provider, you accept Mangopay's terms and conditions which you can read here: http://www.mangopay.com/wp-content/blogs.dir/10/files/2013/06/EN-Terms-and-conditions-of-Mangopay-September-2013.pdf.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (a) the Fidesmo App, the Fidesmo Card, the Fidesmo API, and all elements, components, and executables of the API; (b) the content that may beavailable through the API (the "Fidesmo Content" ; (c) our Website (fidesmo.com); and (d) any Fidesmo Brand Features (clauses (a)-(d) collectively, the "Fidesmo Materials"). Except for the express licenses granted in these Terms or elsewhere in the Fidesmo Materials, Fidesmo does not grant you any right, title, or interest in the Fidesmo Materials. You agree to take such actions, including executing affidavits or other documents, as Fidesmo may reasonably request to effect, perfect, or confirm Fidesmo's rights to the Fidesmo Materials.
You represent and warrant to Fidesmo that, excluding Fidesmo Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use by Fidesmo and its users of your Application will not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including the laws of any country in which your Application is made available. Except to the extent your Application contains Fidesmo Materials, Fidesmo claims no ownership or control over your Application. During the term of these Terms you hereby grant to us a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (a) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to users; (b) link to and direct users to your Application; and (c) sublicense the foregoing rights to our affiliates. Following the termination of these Terms and upon written request from you, Fidesmo will make commercially reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the Website and service. Fidesmo has no other obligation to delete copies of, references to, or links to your Application.
The term of these Terms will commence on the date upon which you agree to these Terms and will continue until the agreement between you and Fidesmo is terminated as set out below
Fidesmo may suspend or terminate your use of the Fidesmo App, the Fidesmo Card or all or any of the APIs at any time if Fidesmo believe you have violated these Terms or, if Fidesmo believe the availability of the APIs in your Application is not in best interests. Further, Fidesmo may discontinue the availability of the Fidesmo App, the Fidesmo Card or some or all of the APIs at any time for any reason. We may also impose limits on certain features and services or restrict your access to the Fidesmo App, the Fidesmo Card or some or all of the APIs or our Website. All of our rights in these Terms may be exercised without prior notice or liability to you.
Upon termination of the agreement between you and us under these Terms:
The terms of this Agreement shall survive any termination, except Section 2 ("Developer Account, Signing-up and Registration").
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. UNLESS OTHERWISE SPECIFICALLY AGREED BETWEEN YOU AND FIDESMO, DO NOT RELY ON FIDESMO OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. FIDESMO PROVIDE THE PLATFORM AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIDESMO DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND FIDESMO AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. FIDESMO DOES NOT GUARANTEE THAT THE FIDESMO APIS OR OTHER DEVELOPER RESOURCES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE FIDESMO APIS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. FIDESMO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FIDESMO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE FIDESMO APIS DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Fidesmo nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors ("Fidesmo Affiliates") shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of Fidesmo Materials accessed through or downloaded from Fidesmo. This limitation of liability shall:
These Terms and any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the Kingdom of Sweden, regardless of your country of origin or where you access Fidesmo, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Fidesmo agree that all claims arising out of or related to these Terms must be resolved exclusively by a court located in Stockholm, Sweden, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Fidesmo agree to submit to the personal jurisdiction of the courts located within Stockholm, Sweden for the purpose of litigating all such claims. Notwithstanding the above, you agree that Fidesmo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than €10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Here are some important details about how to read these Terms.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
In addition to Section 2, A, subsection (b) ("Notices and Service Messages"), we may notify you via postings on the Developer Site. You may contact us via mail at firstname.lastname@example.org, via messages on the Developer Site or mail or courier at: Fidesmo AB, Ankarsrumsgatan 16, SE-163 50 Spǻnga, Sweden. Additionally, Fidesmo accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
You agree that these Terms constitutes the entire, complete and exclusive agreement between you and Fidesmo regarding the Fidesmo APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase or use certain other Fidesmo services, third-party content or third-party software.
We reserve the right to modify, supplement, or replace the terms of these Terms, effective prospectively upon posting on the Developer Site or notifying you otherwise. For example, we may present a banner on the Developer Site when we have amended these Terms so that you may access and review the changes prior to your continued use of the Fidesmo APIs and developer platform. If you do not want to agree to changes to these Terms, you can terminate these Terms at any time by ceasing use of the APIs and/or closing your Developer Account.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by any Fidesmo affiliate shall be deemed legally binding on any Fidesmo Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Fidesmo.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Fidesmo developer platform or any APIs, content or other material used or displayed through the Fidesmo developer platform.
Entities other than Fidesmo Corporation are not parties, but intended third party beneficiaries of these Terms, with a right to enforce these Terms directly against you.
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Fidesmo Corporation for any third party that assumes our rights and obligations under these Terms.
You may have rights or obligations under local law other than those enumerated here if you are located outside Sweden.