These Terms and Conditions (“Terms”) govern software and
software-related services (“Services”, “System”, “Software”)
provided by Thingsquare AB, a registered company with a place
of business at Sankt Eriksgatan 117, 113 43 Stockholm, Sweden
(“Thingsquare”, “We”, “Us”) and customers (“Customer”,
“You”). By signing up for an account, signing a contract or
using or evaluating our Software or Services, whichever comes
first, you are bound by these Terms. If you are using our
Services on behalf of another entity, such as the company you
work for, you warrant that you have the right to bind that
employer to these Terms.
The Service comes with a free usage tier. If you are not
paying for the Service, you may only use it for demonstration
and evaluation purposes. Use in a production environment
requires a paid subscription.
By paying for a subscription, You get the right to use the
Services in production as long as the subscription lasts,
subject to the limitations in your subscription level.
You may only use the Services in the way they are intended to
be used, and within reasonable limits. You may not use the
Services to do something illegal or unauthorized within your
We might change the Services provided in any way and at any time at
our discretion. We will not send out notifications for minor
changes. Planned downtime and changes that may have a major impact on
functionality will be announced. We are not liable for any
modifications, changes or cancellations to the Services.
You may cancel your account at any time for any reason. Money paid in
advance for subscriptions will normally not be refunded, unless you
cancel your account because we made major changes to the API that
affects your use of the Services.
Failure to pay on time, abuse or excessive use may cause Us to
suspend Your access of our Services. We within at our sole
discretion determine what constitutes abuse or excessive
use. We will attempt to contact you before suspension in the
case of excessive use. We reserve the right to refuse access
to our Services to anyone for any reason at any time.
Except for metadata (configuration, user profiles etc) your
data just passes through our servers in a transient manner,
which means that you are solely responsible for taking backups
of your data.
You may not share your login details with other people. It is
your responsibility to make sure that your password and
account details are kept secure. You agree to notify us
immediately if your details have been lost, stolen or
We are responsible for installing and maintaining reasonable
security measures on our servers. You are responsible for such
measures on all other devices within your control.
All data provided by Customers as part of normal Service usage
shall be kept strictly confidential by Thingsquare and not
provided to any outside parties, except as required to deliver
the Service, which may include third party vendors and hosting
providers in networking, storage, and related technology.
Licensing and IP
During Customer's subscription term and subject to the
Customer's compliance with these Terms, Thingsquare hereby
grants to the Customer, and the Customer hereby accepts from
Thingsquare, a limited, non-exclusive, non-transferable and
non-sublicenseable right to install and use Thingsquare
Software and Services.
Certain items of our Software and/or Services may contain or
use software elements licensed from third parties (licensors),
including open source software. Such items shall be considered
as governed by the applicable terms of third party license or
open source terms.
Thingsquare and its licensors retains all rights to the
Software and Services, as well as any patents, trademarks
(registered or unregistered), trade names, copyrights, trade
secrets and confidential information. Customer does not
acquire any rights, title or interest except as expressly set
If a Customer makes any requests or sends any ideas to
Thingsquare for new features or functionality, such new
features that Thingsquare subsequently adopts or implents,
shall be automatically assigned and become the sole and
exclusive property of Thingsquare, free of any restrictions
imposed on Thingsquare.
All Software and Services are provided by Thingsquare AS
IS. In no event does Thingsquare warrant that the software is
error free or that the customer will be able to operate the
software without problems or interruptions. Any express or
implied warranties, including, but not limited to, the implied
warranties of merchantability and fitness for a particular
purpose are disclaimed. In no event shall Thingsquare be
liable for any special, collateral, indirect, punitive,
incidental, consequential, or exemplary damages in connection
with the use of Thingsquare Services or Software, including
damages for loss of profits, data, revenue or
goodwill. Customers purchasing software tailored to specific
needs are responsible for testing the software using industry
testing best practice prior to use.
Furthermore, we will not be responsible for any compensation
or damages with regards to your investments or commitments by
you in connection with your use of Thingsquare Services, our
termination of your account, any destruction or loss of your
data or settings. We will not refund or compensate you for any
downtime on our part, whether planned or unplanned, except for
what may be expressly stated in any Service Level Agreements
you may have with us separately. In any case, our liability
under this agreement will be limited to what you have actually
paid us for our subscription Services during the last 12
months since you filed a claim.
Payment Terms and Taxes
Payment for our Services is normally paid in advance. In some
cases Thingsquare may extend 30 days credit to certain
customers. Late payments are subject to a fee of EUR 50 + a
monthly interest rate of 3% on the amount owed.
Thingsquare shall be responsible for all corporate taxes
measured by net income due to performance of or payment for
work ("Thingsquare Taxes"). Customer shall be responsible for
all taxes, duties, fees, or other charges of any nature
(including, but not limited to, consumption, gross receipts,
import, property, sales, stamp, turnover, use, or value-added
taxes, and all items of withholding, deficiency, penalty,
addition to tax, interest, or assessment related thereto,
imposed by any governmental authority on Customer or
Thingsquare or its subcontractors) other than Thingsquare
Taxes ("Customer Taxes"). Our prices do not include the amount
of any Customer Taxes. If Customer deducts or withholds
Customer Taxes, Customer shall pay additional amounts so that
Thingsquare receives the full price without reduction for
VAT and other applicable sales taxes, use taxes, duties or
other imposts, will be added when required by law and shall be
paid by the customer. Reclamation of VAT is the responsibility
of the customer. For EU customers who provide a valid VAT
number, reverse charge will be used when allowed by law.
Travel costs will be invoiced to customer when travel is
undertaken on customer request. Travel costs include actual
transportation costs and any hospitality and per diem costs as
incurred by Thingsquare to the travelling employee(s). Travel
time will be debited as actual hours spent away from the
employee(s) normal location (no less than four hours if
separate travel days are required) at the same hourly rate as
the project in question.
Prices of all subscription Services are subject to change upon
30 days notice.
Contingencies / Force Majeure
If Thingsquare, despite best efforts, is prevented from
delivering services as a result of governmental actions or
regulations, fires, strikes, accidents, and other
unforeseeable causes beyond Thingsquare’s control, the
obligation to deliver shall be suspended for no longer than a
reasonable time during such conditions exist. Under this
period, Thingsquare shall attempt to inform the customer
regarding the situation and deploy all reasonable available
resources to mitigate adverse impacts of the delay.
We may modify these Terms at any time. We will notify you if
we do. By continuing to use our Service, you are bound by the
Terms as they change. If you refuse to accept the new Terms,
you may cancel your account and contact us for a refund.
Notifications and Communication
We may notify you in either of these ways: (i) sending you an
email, (ii) posting on our website. It is your responsibility
to keep your email address current with us and making sure
emails from us are being read and not sent to spam filters,
You can notify us through either of these ways: (i) sending us
an email, (ii) contacting us through our website contact form,
or (iii) physical mail to our headquarters.
All communication between us should be in English or
Swedish. Messages sent in other languages will be considered
null and void.
No Waivers and Severability
Any failure of Thingsquare to enforce any of the provisions of
these terms at any time, shall not constitute a waiver of such
provisions, nor Thingsquare’s right to enforce any of these
provisions. Should any part of these Terms be invalid or
unenforceable, the other provisions will remain in full
You agree to indemnify, defend, and hold harmless us from and
against any claims, damages, losses, liabilities, costs, and
expenses arising out of, or relating to any third party claim
regarding your use of our Software and / or Services and / or
a dispute between you and any of your users or customers.
Legal Venue and Conflict Settlement
These Terms shall be governed by the laws of Sweden and as if
they were entered by and between Swedish companies. All
disputes between the Parties relating to this Agreement shall
be attempted to be settled amicably. Failing such an amicable
settlement within ninety (90) calendar days from the day the
Parties met or tried to meet after the written notification by
one Party to the other of the existing dispute, then said
dispute shall be settled by arbitration by the Arbitration
Institute of the Stockholm Chamber of Commerce by one or more
arbitrators appointed in accordance with the said Rules. The
arbitration shall take place in Stockholm and shall be
conducted in English. Arbitral awards shall be final and
binding on the Parties.
These Terms constitute the entire agreement and supersede all
prior agreements, understandings, negotiations and other
representations by the parties, both oral and written. Any
modifications to these terms shall be binding on Thingsquare
only if in writing and signed by a duly authorized Thingsquare