Terms and Conditions
Last updated: May 25, 2018
These Terms and Conditions (“Terms”, “Terms and Conditions”) is between eBOM AB (“us”, “we”, or “our”) and the entity (“Customer”) that has contracted for an account of Doc Connect for Arena application (the “Service”) and website ebom.se website operated by us.
Please read these Terms and Conditions carefully before using our website and the Service.
Customer’s access to and use of the Service is conditioned on Customer’s acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service Customer agree to be bound by these Terms. If Customer disagree with any part of the terms then Customer may not access the Service. This Agreement is effective as of the date Customer is notified that the Service is first available to Customer (the “Effective Date”).
Use of the Service requires that Customer have a valid subscription to the “Arena PLM” services, located at app.bom.com (the “Arena PLM Service”) provided by Arena Solutions, Inc. (“Arena Solutions”). These Terms do not include the grant of a subscription to the Arena PLM Service. A valid subscription to the Arena PLM Service is only available under a separate agreement provided, directly or indirectly, by Arena Solutions.
The Service is provided on a per named user license subscription basis (“Subscription(s)”). Customer will be billed in advance on a recurring minimum 12-month period (“Billing Cycle”). The initial contract period can be aligned with Customers billing cycle for the Arena PLM Service. The minimum amount of subscribed user licenses are 5 user licenses.
Customer agrees to pay the fees for the Subscribed user licenses at the prices and on the terms set forth in the Quote provided by us and on the other terms of these Terms and Conditions. The Customer Invoice will be generated on or prior to the start of the next Billing Cycle and due within thirty (30) days of the date of such invoice. Customer must notify us within thirty (30) days following receipt of any invoice if it disagrees with any charge in such invoice and the basis for such disagreement. To the extent Customer fails to provide such notice in such time period, then such invoice will be deemed conclusive and Customer will be deemed to have waived any right to thereafter dispute the charges in such invoice.
Add-on of subscribed user licenses during a Subscription is subject to annuity discount, i.e. the cost is proportional to the remaining number of days to the annual renewal date. An Invoice will be issued for each add-on according to the invoice terms above. The minimum amount of add-on user licenses are 5 user licenses.
At the end of each Billing Cycle, Customer’s Subscription will automatically renew under the exact same conditions unless Customer cancel some or all of the subscribed user licenses or eBOM AB cancels it. Customer may cancel the Subscription either through your online account management page or by contacting eBOM AB customer support team with written notice no later than 30 days prior to the end of the Billing Cycle.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. Customer shall provide eBOM AB with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, Customer automatically authorize eBOM AB to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, eBOM AB will issue an invoice to Customer, and the part of the Service will be available upon full payment corresponding to the billing period and part as indicated on the invoice.
eBOM reserves the right to suspend or terminate this Agreement and Customer’s access to the Service as set forth in “Termination” in the event of Customer’s failure to meet its payment obligations (Customer account becomes delinquent). Past due invoices are subject to interest of 1.0% per month or the maximum permitted by law, whichever is less, plus all expenses of collection.
eBOM AB may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). Customer will be required to enter customers billing information in order to sign up for the Free Trial.
You will not be charged by eBOM AB until a purchase order is issued from Customer to us. Customer will be automatically shut off from the Service after the free trial period expires. Access to the Service will be reestablished when Customer has issued a purchase order and the purchase order is accepted and confirmed by us.
At any time and without notice, eBOM AB reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
eBOM AB, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
eBOM AB will provide Customer with a reasonable prior notice of any change in Subscription fees to give Customer the opportunity to terminate the Subscription before such change becomes effective.
Customer’s continued use of the Service after the Subscription fee change comes into effect constitutes Customer’s agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When Customer create an account with us, Customer must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Customer’s account on our Service.
Customer’s staff is responsible for safeguarding each personal password that is used to access the Service and for any activities or actions under the personal password, whether the password is with our Service or a third-party service.
Customer’s staff agree not to disclose passwords to any third party. Users must notify us immediately upon becoming aware of any breach of security or unauthorized use of Customer’s account.
The Service and its original content, features and functionality are and will remain the exclusive property of eBOM AB and its licensors. The Service is protected by copyright, trademark, and other laws of both the Sweden and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of eBOM AB.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by eBOM AB.
eBOM AB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Customer further acknowledge and agree that eBOM AB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise Customer to read the terms and conditions and privacy policies of any third-party web sites or services that Customer visit.
We may terminate or suspend Customer’s account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if Customer breach the Terms.
Upon termination by eBOM, Customer’s right to use the Service will immediately cease.
If Customer wish to terminate the account, Customer must cancel the subscription either through the online account management page or by contacting eBOM AB customer support team with written notice no later than 30 days prior to the end of the Billing Cycle.
Limitation Of Liability
In no event shall eBOM AB, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Arena Solutions has as no control over, and assumes no responsibility for, the Service, or for the acts or omissions of either party under this Agreement or in connection with the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
eBOM AB its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You acknowledge and agree that Arena Solutions a) is not providing the Service, b) has not evaluated the Service and its operation with the Arena PLM Service and c) has no liability for the results of your use or inability to use the Service with the Arena PLM Service or otherwise.
These Terms shall be governed and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.
Any dispute, controversy or claim arising out of or in connection with this Agreement shall be settled by a Swedish court of general jurisdiction and the Stockholm District Court (Sw. Stockholms tingsrätt) shall be the court of first instance.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Arena Solutions is a third party beneficiary of these Terms, to the extent it is referenced herein. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, Customer agree to be bound by the revised terms. If Customer do not agree to the new terms, please stop using the Service.
If Customer has any questions about these Terms, please contact us.