Introduction

NIRA provides services for visualization and analysis of data associated to the road surface (“Content”). Most of the Content is created from data created by connected cars that contain NIRA’s proprietary onboard algorithms for measuring the friction between the tire and the road, as well as the road roughness. When subscribing to the Service, you are granted access to the Content you subscribe to in a geographically limited area, as well as to the services available for visualization and analysis of the Content. NIRA may from time to time add or even remove services. The current service offer can be found in https://roads.niradynamics.se/.

By signing up or otherwise using any of these services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services, or accessing content that is made available through the service you are entering into a binding contract with NIRA Dynamics AB.

Your agreement with us includes these Terms and any additional terms that you agree to (collectively Agreements). If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on NIRA’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Service or access any Content.

In order to use the NIRA Service and access any Content, you need to have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to NIRA is true, accurate, and complete, and you agree to keep it that way at all times.

Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us at info@niradynamics.se.

Enjoying the NIRA services

Here is some information about how you can get access to the Service.

Subscription

When signing up to the service you will gain a trial account for the selected region for 60 days. During the sign-up period a NIRA Sales Representative will get in contact with you to explain the service further and to find a suitable prolonged solution. By signing up for the trial period you give us the right to contact you with further business propositions.

Trials

From time to time, we may offer trials of Paid Subscriptions for a 60-day period without payment or at a reduced rate (a "Trial"). NIRA may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

Payments and Cancellations

Billing

NIRA may change the price for the Paid Subscriptions from time to time and will communicate any price changes to you in advance. The new price will be applicable for the next subscription period, the current period will not be affected.

To cancel your subscription, you simply do not pay the renewal invoice and the service will stop working after the current subscription has expired.

Using our service

The NIRA Service and the Content are the property of NIRA. We grant you limited, non-exclusive, revocable permission to make use of the Service. You promise and agree that you are using the Service and Content for your own personal or commercial use and that you will not redistribute or transfer the Service or the Content.

The Service and the Content are not sold or transferred to you.

All NIRA trademarks, service marks, trade names, logos, domain names, and any other features of the NIRA brand ("NIRA Brand Features") are the sole property of NIRA. The Agreements do not grant you any rights to use any NIRA Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines in Section 8 and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, NIRA grants no right, title, or interest to you in the Service or Content.

Rights you grant us

If you provide feedback, ideas or suggestions to NIRA in connection with the Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize NIRA to use that Feedback without restriction and without payment to you.

You grant NIRA a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your Feedback in connection with the Service through any medium, in any manner and by any means, method or technology, whether now known or hereafter created. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any Feedback, and your right to object to derogatory treatment of such Feedback.

User guidelines

NIRA respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:

• copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;
• using the Service to import or copy any local files that you do not have the legal right to import or copy in this way;
• transferring copies of cached Content from an authorized Device to any other Device via any means;
• reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service, Content or any part thereof except to the extent permitted by applicable law;
• circumventing any technology used by NIRA, its licensors, or any third party to protect the Content or the Service;
• selling, renting, sublicensing or leasing of any part of the Service or the Content;
• circumventing any territorial restrictions applied by NIRA or it licensors;
• removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
• providing your password to any other person or using any other person's username and password;
• "crawling" the Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from NIRA or the Service;

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

Infringement and reporting User Content

NIRA respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights. If NIRA is notified by a copyright holder that any Content infringes a copyright, NIRA may in its sole discretion remove such Content from the Service or take other steps that NIRA deems appropriate.

Service limitations and modifications

NIRA will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. NIRA reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that NIRA will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

Organization/Company Accounts

If you establish an account on behalf of a company or organization, the terms "you" and "your," as used throughout the Agreements, apply to both you and the company/organization.

If you create an account in behalf of an organization/company, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the organization/company to the Agreements.

Customer support

For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the contact form on the Contact Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

Term and termination

The Agreements will continue to apply to you until terminated by either you or NIRA. However, you acknowledge and agree that the perpetual license granted by you in relation to Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. NIRA may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If NIRA terminates the Agreements, or if NIRA suspends your access to the Service, you agree that NIRA shall have no liability or responsibility to you, and NIRA will refund any amounts that you have already paid but yet not used, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To terminate your accounts please contact us using the contact form on www.roads.niradynamics.se or via info@niradynamics.se. If you terminate the Agreement, no refunds will be paid.

This section will be enforced to the extent permissible by applicable law.

Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. NIRA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER NIRA NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM NIRA SHALL CREATE ANY WARRANTY ON BEHALF OF NIRA. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

IN NO EVENT WILL NIRA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NIRA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, MORE THAN THE AMOUNTS PAID BY YOU TO NIRA DURING THE PRIOR TWELVE MONTHS IN QUESTION.

Nothing in the Agreements removes or limits NIRA’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST NIRA MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 20 OR FILING AN INDIVIDUAL ACTION UNDER SECTION 20 WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Third party rights

The Agreements are not intended to grant rights to anyone except you and NIRA, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and NIRA, the Agreements constitute all the terms and conditions agreed upon between you and NIRA and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Service may be governed by additional agreements. That could include, for example, free Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by NIRA to enforce the Agreements or any provision thereof shall not waive NIRA's right to do so.

As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

Assignment

NIRA may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and NIRA may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

Indemnification

You agree to indemnify and hold NIRA harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any activity in which you engage on or through the Service; and (3) your violation of any law or the rights of a third party.

Choice of law, mandatory arbitration, and venue

Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Sweden without regard to choice or conflicts of law principles.

Further, you and NIRA agree to the jurisdiction of the district court of Stockholm to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).

Privacy Policy

The aim of this Section is to:

• Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
• Explain the way we use the personal data that you share with us; and
• Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

For privacy inquires please use: info@niradynamics.se.

Your rights

As available and except as limited under applicable law, the rights afforded to individuals are:

• Right of access - the right to be informed of, and request access to, the personal data we process about you;
• Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
• Right to erasure - the right to request that we delete your personal data;
• Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
• Right to object - the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
• Right to data portability - the right to request a copy of your personal data in electronic format; and the right to transmit that data for use in another party’s service
• Right to Be Informed – our intent with this privacy policy (and further updates to this policy) is to inform you of your rights regarding your personal data
• Right not to be subject to automated decision-making including profiling

Personal data we collect from you

We collect the following data from you:

• Name
• Email address
• Company/Organization
• Information required for handling invoices (address, payment information, email addresses related to this, contact persons)
• Your role
• Your username and password

The legal grounds for collecting these data are that the data enable us to honor the agreement between us that we shall provide you with the Service.

Subprocessors

NIRA currently uses third party Subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any third party Subprocessor, NIRA performs diligence to evaluate their privacy, security and confidentiality practices, and executes an agreement implementing its applicable obligations.

NIRA may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Service:

• Amazon Web Services, Inc. A cloud service provider. Data processed in EU.
• Google, LLC. For analytics. Data processed in US and EU.

Cookie policy

Necessary Cookies

The following cookies belong to subgroup niradynamics.se and necessary for the application to work. Lifespan in parentheses:

• AUTH_SESSION (7 days), stores authentication information for the application to work.
• cookiePreferences (1 year), stores the selected settings for the application for the cookie selection.
• csrfToken (Session), stores authentication information for the application to work.

Analytics Cookies

The following cookies belong to subgroup google.com. Lifespan in parentheses:

• _ga (two years), cookie to integrate with Google analytics to distinguish users.
• _gid (24 hours), cookie to integrate with Google analytics to distinguish users.
• roads_ga (two years), cookie to integrate with Google analytics to distinguish users.
• roads_ga_gid (24 hours), cookie to integrate with Google analytics to distinguish users.
• _gat (1 minute), Used to throttle request rate for Google Analytics.

Preferences Cookies

This information is only stored on client side.

Contact us

If you have any questions concerning the NIRA Service or the Agreements, please contact NIRA Customer Service by visiting the Contact Us section of our website.