The Terms of Use have to be accepted upon log-in as a user of Exonaut Observer to an Exonaut server. By log-in with your user credentials you agree to be bound by (i) the following terms and conditions (“Terms of Use”) and (ii) any and all Agreements entered between 4C Strategies and Customer. Any limitations of 4C Strategies obligations set out in Agreements between 4C Strategies and Customer shall also be fully applicable vis-à-vis the User.

1 Definitions

1.1 “Customer” means the the legal entity who activates Services provided by 4C Strategies and assumes payment responsibility for the same vis-à-vis 4C Strategies.

1.2 “Content” means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User.

1.4 “Services” means the web services, associated software, and other services related thereto provided to the User by 4C Strategies in accordance with 4C Strategies agreement with Customer,  this agreement and with the characteristics and features as described at www.4cstrategies.com from time to time.

1.5 “Trial Service” means a Service, which is provided free of charge or which is under development or evaluation and is marked “free”, “demo”, “trial” or “evaluation” (or a similar designation).

1.6 “User” means the individual who registers a user account and gains access to the Services provided by 4C Strategies.

1.7 “Web Site” means 4C Strategies web site at www.4cstrategies.com.

1.8 “System” means a single service with a defined set of subscription terms and limited group of Users who are authorized to access the service.

2 Services and Grant of Rights

2.1 Subject to these Terms of Use and the SaaS and/or License and Maintenance & Support agreement with Customer, 4C Strategies hereby grants to the User a non-transferable, non-exclusive, non-sub licensable limited term right to access and use the Services.

2.2 In the event the User accepts these Terms of Use and logs on using an Exonaut Account, such user account may be or may later become subject to additional terms and conditions resulting from the Customer’s existing or future business relation with 4C Strategies. The User is aware of and acknowledges that the Customer, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services and Content. Such actions may include, without limitation, administrative actions by the Customer, instructions issued by the Customer to 4C Strategies and actions due, but not limited to, a reorganization, discontinuation of an employment or consulting relationship with the User.

3 User Obligations

3.1 The User shall comply with the security and administrative regulations as notified in conjunction with registration/self-service, by e-mail, as made available on the Web Site, or in any other manner.

3.2 The User undertakes, in conjunction with registration/self-service, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address and mobile telephone number.

3.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.

3.4 The User shall be responsible for monitoring its Content and shall be liable vis-à-vis 4C Strategies for ensuring that Content transferred to or handled within the Services which is processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licenses from third parties as may be required in order to process the Content/use the Services.

3.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.

3.6 The User is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.

3.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.

3.8 The User undertakes not to provide access to the Services to anyone else than individuals who have a registered account and thereby have agreed to the Terms of Use. User accounts can only be shared or used by more than one individual User, sequentially, if approved by Customer and 4C Strategies in the License/SaaS agreement.

3.9 The User is obligated to notify 4C Strategies regarding any suspected breach of these provisions.

4 Personal Data, Privacy

4.1 In order for the User to be able to use the Services, the User must provide certain data to 4C Strategies, through the Customer’s Exonaut account manager, including but not limited to full name, e-mail address and contact details. User can always manage its personal data through the user self-service feature available on the Customer’s Exonaut portal. As provided in section 6 “Confidentiality”, 4C Strategies will not disclose to any third party any personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User. The User also has the right and the obligation to rectify such data.

Further information may be obtained by contacting the data controller, 4C Strategies AB, at the following address:

4C Strategies AB

Vattugatan 17

SE-111 52 Stockholm, Sweden +46 8 522 279 00

info@4cstrategies.com

4.2 In addition, in order for the User to be able to use the Services, the User must also allow 4C Strategies to store and retrieve session information on the User’s end terminal equipment, through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services.

4.3 According to the Personal Data Act (1998:204), 4C Strategies must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by 4C Strategies.

4.4 According to the Electronic Communications Act (2003:389), 4C Strategies must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.

4.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by 4C Strategies of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.

4.6 4C Strategies shall adopt reasonable measures to protect the privacy of the User. 4C Strategies information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.

5 Security, Passwords, etc.

5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorized use of the Services. 4C Strategies shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.

5.2 Where it is suspected that any unauthorized person has become aware of the user identity and/or password, the User shall immediately inform 4C Strategies thereof.

5.3 The User shall be liable for losses or damage incurred by 4C Strategies where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by 4C Strategies where the user identity and password otherwise become known to an unauthorized party, unless the User notifies 4C Strategies immediately upon suspicion that such has occurred.

5.4 4C Strategies shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards.

6 Confidentiality, etc.

6.1 4C Strategies undertakes not to disclose to any third party, or otherwise make available, information received by 4C Strategies from the User within the scope of this agreement. “Third party” in this section shall not mean the Users who have access to the same system, unless the Users’ authorization and access to the system is specifically restricted by the Customer.

7 Amendments

7.1 4C Strategies reserves the right to amend these Terms of Use at any time without prior notice. The User shall be informed of such amendments by e-mail or through the information being made available on the Web Site.

8 Term and Termination, etc.

8.1 These Terms of Use shall enter into force upon acceptance by the User through log-in to an Exonaut server. These Terms of Use shall remain in full force for an indefinite term until such time that all Content and the user account are closed.

8.2 Upon termination of a User by Customer, termination of the Agreement with Customer or these Terms of Use, 4C Strategies shall not be responsible for the Content generated within the system in question or the Services. Accordingly, the User must ensure that the User/Customer possesses the necessary back-up copies, etc. of the Content that the User desires to retain.

9 Access Restrictions, Premature Termination

9.1 4C Strategies shall be entitled, with immediate effect, to disable the User’s access to Exonaut or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for 4C Strategies or any third party; (c) the User uses the Services in a manner that violates 4C Strategies’ security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilizes resources or seeks unauthorized access to 4C Strategies’ systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.

10 Assignment

10.1 The User shall not be entitled to assign his/her rights or obligations under these Terms of Use.

11 General Provisions

11.1 These Terms of Use have been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of these Terms of Use are provided solely for accommodation purposes.

11.2 If any provision of these Terms of Use are declared unenforceable for any reason, the remainder of the terms will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.

12 Governing Law and Disputes

12.1 These Terms of Use and the ensuing relationship between 4C Strategies and the User shall be construed in accordance with, and governed by, the laws of Sweden.

12.2 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.

Version 2.0 October 2016.