Terms of Service
, if aThank you for your interest in PEPICON. Please review the following Terms of Service, which will govern your use of the PEPICON website (“PEPICON Platform”) and your registration of a user account on the PEPICON Platform.
Separate terms will apply, in addition to these Terms of Service, for specific purchases made by a User on the PEPICON Platform.
Separate terms will apply, in addition to these Terms of Service, for specific purchases made by a User on the PEPICON Platform.
- “Companies” means target companies using the PEPICON Platform in order to find prospective Investors.
- “Content” means all information and content available on the PEPICON Platform (if uploaded by PEPICON including but not limited to any owned or licensed, content, functionality and information, “PEPICON Content”, and if uploaded by a User, “User Content”, including for example electronic data and information regarding User, submitted by the User on the User’s user account) and its “look and feel”.
- “Investor” means an individual who uses the PEPICON Platform to, either on behalf of itself or an entity, find Companies to subscribe to and invest in. An Investor uses the PEPICON Platform for streamlined deal flow management and investment opportunity assessment, but any investment and other related agreements thereto are handled outside the PEPICON Platform.
- “Partner” means an individual or entity who offers Companies the opportunity to be introduced to its network of prospective investors. The Company preferring to be introduced to such an investor network must send the relevant Partner an invite via its user account on the PEPICON Platform. Any fees/agreements between a Partner and a Company is administered outside the PEPICON Platform and PEPICON shall in no event be considered as a party of such arrangement or agreement.
- “PEPICON” means PEPICON AB reg. no 559214-7408, with registered address Värmdövägen 84, 131 54 Nacka, Sweden.
- “Services” refers to all products and services provided to you by PEPICON including but not limited to the PEPICON Platform, software and other web sites provided by PEPICON.
- “Order” means an online order made by a User in its user account on the PEPICON Platform, specifying the Services to be provided by PEPICON under this Agreement and any other separately applicable terms relating thereto.
- “Organization” means an investor group (organized group of investors) as well as economic development agencies, financial institutions, incubators/accelerators, non-profits, accounting firms (service provider), advisors (service provider), family offices (service provider), law firms (service provider), universities, and venture funds.
- “User” shall mean any entity or individual using the Services and who interacts with the PEPICON Content or User Content via the PEPICON Platform, including but not limited to Companies, Investors, Organizations, Partners and individuals representing any of the aforementioned types of users.
DESCRIPTION OF THE PEPICON PLATFORM
PEPICON provides resources and tools to entrepreneurs, Companies, Organizations and Investors. We have built the PEPICON Platform to meet the needs of entrepreneurs, VCs, investors, and angel communities and other organizations and people in the private equity sector. The PEPICON Platform refers to the tools and services offered to Users by PEPICON, including its wholly owned subsidiaries and affiliates. This includes any and all of the Content thereon and services provided by PEPICON on or in conjunction with PEPICON Platform and/or other websites wholly owned by PEPICON, including but not limited to, application program interfaces (API’s), storage, email, professional services, and collaboration services.
PEPICON shall have no obligation to participate or assist in any way in the event of any dispute between Users of the PEPICON Platform.
Notwithstanding the above or anything to the contrary set forth in the Terms of Service, PEPICON shall have the absolute and unlimited right to at any time reject any User, to terminate the account of any User, to delete any User Content, or to publish any User Content that is not classified as confidential, including but not limited to for the purposes of marketing PEPICON and/or the PEPICON Platform.
LICENSE TO USE
Subject to these Terms of Service and other applicable specific terms for purchases made by a User on the PEPICON Platform, which constitute the agreement between PEPICON and you, the User, PEPICON grants to you a non-exclusive, revocable, non-transferable, non-sublicensable license to use the PEPICON Platform. All right, title, and interest in and to the PEPICON Platform and Content (excluding User Content) is and will remain the exclusive property of PEPICON and and/or its licensors.
LIMITATION OF USE
In order to best serve our Users, and to comply with applicable laws, PEPICON has a limited number of rules incorporated in this Agreement and, in addition hereto, any other separately applicable terms for purchases made by a User on the PEPICON Platform, which govern permitted User behaviour and activities while interacting at the PEPICON Platform with PEPICON and/or other Users. Please review these applicable rules carefully, since your violation of them may result in immediate termination of your access to the PEPICON Platform, decided in PEPICON’s sole discretion at any time and without prior notice.
By using the PEPICON Platform you understand and agree that you will be responsible for complying with all applicable laws and regulations related to any transaction in which you may engage in on the PEPICON Platform.
PEPICON does not recommend any investments, does not verify nor review User documents or communications on the PEPICON Platform, and does not give business advice, financial advice, investment advice, tax advice or legal advice. PEPICON does not claim to be and is not registered as a broker-dealer and/or investment advisor. Nothing on this PEPICON Platform is intended to be or shall constitute or be construed as a sale or purchase, offer to sell or purchase, or a recommendation of any securities or similar.
Some of PEPICON’s Services are provided free of charge, while others are provided for a fee. The fees for each Service vary [and are set out in a separate agreement between PEPICON and such Users].
All Services features, including availability and price, are subject to change at any time at PEPICON’S discretion provided a 30 days written notice period. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any product or service; to impose conditions on any promotion; to bar any User from making any purchase; and/or to refuse to provide any User with any product or service.
You authorize PEPICON to charge you for all products or services purchased by you through the PEPICON Platform, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you agree that we may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel according to our cancellation terms by selecting the cancellation option on your company profile page. You represent that you have the legal right to use any payment method that you submit to us. There will be no refunds or credits for prior months of service, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All Orders placed by a User are subject to our acceptance. Your receipt of an Order confirmation does not signify our acceptance of your Order. We reserve the right at any time after receipt of your Order to accept or decline your Order for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an Order that we later cancel, we will issue you a refund. Prices are in Euro (EUR) and Swedish Krona (SEK) unless otherwise stated and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any Order.
In order to access and use most of the PEPICON Platform, you must register for a User account. The registration of an account will require completion of satisfactory background information of the User. You represent and warrant that that the information provided to us upon registration of an account at the PEPICON Platform is accurate and truthful. If you are an individual, you must be at least 18 years old and have legal capacity in order to use the PEPICON Platform, and if you are using the PEPICON Platform on behalf of an entity, you further represent and warrant that you are authorized to accept this Agreement on behalf of such entity and that the entity agrees to indemnify PEPICON for violations of this Agreement.
In order to use the PEPICON Platform and create an account, the User, if a Company, cannot be a resident of any of the following countries: United States, Canada, Singapore, South Africa, Hong Kong, Australia, Japan, New Zeeland or any other jurisdiction where the offering of the Services or entering of this Agreement violates applicable laws or regulations or requires any additional documentation or action to be drafted, registered or otherwise carried out. Upon acceptance of this Agreement, the Company represents and warrants that the Company is not residing in any of the aforementioned countries.
LIMITATION ON SERVICE
While it is our goal at PEPICON to provide you with a useful, stable and available Service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the PEPICON Platform and all Content and Services on it are provided strictly on an ‘as is’ basis with no warranties of any kind. By accepting these Terms of Service, you agree that neither PEPICON nor any of its third-party service providers or affiliates will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings.
PEPICON reserves the right to change or discontinue, either temporarily or permanently, any part of the PEPICON Platform or any or all of its Services at any time and without prior notice. You agree that neither PEPICON nor any of its third party service providers or affiliates will be liable for any damages, including lost business opportunities, should such discontinuance occur.
PROTECTION OF DATA
 The General Data Protection Regulation (GDPR) (EU) 2016/679.
When you create an account at the PEPICON Platform, you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account. Further, you are responsible that the information provided to us is accurate, complete, and current at all times. Failure to comply with this section constitutes a breach of this Agreement which may result in immediate termination of your account.
You must notify PEPICON immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please click on the “Forgot my password” link to reset your password. If you continue to have problems, please contact our technical support staff at [email protected]
USE OF INFORMATION
All data for each respective User is exclusively entered and maintained by the User. Each User may (but does not have to) opt-in to publish this information and always has the power to remove it from the public domain by un-publishing it. All other data entered on the PEPICON Platform is shared with other Users on the PEPICON Platform exclusively by the User’s affirmative action; this data is, and always will, remain privately available only to those Users.
COMPLIANCE WITH APPLICABLE LAWS
You agree to use the PEPICON Platform only as provided for in these Terms of Service. You also agree not to use the PEPICON Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the PEPICON Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User’s privacy, or in violation of any other individual’s intellectual property rights.
In general, as a condition to your continued use of the PEPICON Platform, you agree that you will not use the PEPICON Platform for any purpose that is unlawful or otherwise prohibited by these Terms of Service. In the access or use of the PEPICON Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the PEPICON Platform. You shall act always in accordance with applicable laws and regulations, custom and in good faith. You may not make any change or alteration to the PEPICON Platform or any PEPICON Content or services that may appear on the PEPICON Platform and you may not impair in any way the integrity or operation of the PEPICON Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to PEPICON, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to post, transmit, or otherwise make available through or in connection with your use of the PEPICON Platform any information or materials that are (or may be):
(a) threatening, harassing, degrading, hateful or intimidating;
(b) defamatory or libelous;
(c) fraudulent or tortious;
(d) unlawful, obscene, indecent, pornographic racially, ethnically offensive or otherwise objectionable; or
(e) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(f) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PEPICON all of the license rights granted herein.
Furthermore, by way of example and not limitation, you agree not to post, make available through or in connection with your use of the PEPICON Platform:
(a) Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
(b) Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
(c) Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by PEPICON in advance.
(d) Any personally identifiable information of another individual, without the prior consent of such individual.
(e) Any material, non-public information about a company, without the proper authorization to do so.
By way of example, and not limitation, you agree not to:
(a) Use the PEPICON Platform for any fraudulent or unlawful purpose.
(b) Use the PEPICON Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the PEPICON Platform.
(c) Impersonate any person or entity, including without limitation any representative of PEPICON or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the PEPICON Platform; or express or imply that PEPICON endorses any statement you make; publish falsehoods or misrepresentations that could damage PEPICON or any third party.
(d) Interfere with or disrupt the operation of the PEPICON Platform or the servers or networks used to make the PEPICON Platform available; or violate any requirements, procedures, policies or regulations of such networks.
(e) Restrict or inhibit any other person from using the PEPICON Platform (including without limitation by hacking or defacing any portion of the PEPICON Platform).
(f) Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the PEPICON Platform.
(g) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the PEPICON Platform.
(h) Remove any copyright, trademark or other proprietary rights notice from the PEPICON Platform or materials originating from the PEPICON Platform.
(i) Frame or mirror any part of the PEPICON Platform.
(j) Create a database by downloading and storing PEPICON Platform Content.
(k) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way PEPICON Platform Content or reproduce or circumvent the navigational structure or presentation of the PEPICON Platform without PEPICON’s express prior written consent.
The PEPICON Platform permits the submission of content or communications submitted by Users (User Content) and the hosting, sharing, and/or publishing of such User Content.
PEPICON does not and will not claim any ownership over or rights to User Content other than a license to display it on the PEPICON Platform as directed by the User, but User understands that whether or not such User Content is published, though PEPICON will seek to maintain the confidentiality of any data designated as confidential by a User, PEPICON does not guarantee any confidentiality with respect to any User Content.
User acknowledges and agrees that by posting User Content on the PEPICON Platform, User grant PEPICON a right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. However, the User retains any and all rights to its User Content submitted, posted or displayed on or through the Service.
User shall be solely responsible for User’s own User Content and the consequences of posting or publishing its User Content.
PEPICON does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. PEPICON does not knowingly permit infringement of intellectual property rights on its PEPICON Platform, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. PEPICON reserves the right to remove User Content without prior notice. PEPICON will also terminate a User’s access to its account on the PEPICON Platform, if a User is determined to be a repeat infringer. PEPICON also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PEPICON may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the PEPICON Platform, you may be exposed to User Content from a variety of sources, and that PEPICON is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. PEPICON is solely an intermediate technology platform and has no liability for the correctness and accuracy of any Content posted and shared by its Users. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PEPICON with respect thereto, and agree to indemnify and hold PEPICON, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the PEPICON Platform.
All information and Content available on the PEPICON Platform and its “look and feel”, except all User Content, including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of PEPICON, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by Swedish regulation and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the PEPICON Platform or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the European Union and foreign laws and international conventions.
The trademarks, service marks, logos, and other indicia, including of PEPICON (collectively the “Trademarks”) which appear on the PEPICON Platform are registered and/or unregistered trademarks of PEPICON and others. Nothing contained on the PEPICON Platform should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of PEPICON or such third party as may be appropriate. All rights are expressly reserved and retained by PEPICON. Your misuse of any of the Trademarks displayed on the PEPICON Platform, or any other Content on the PEPICON Platform, except as provided in these Terms of Service, is strictly prohibited. You are also advised that PEPICON considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law.
Both the PEPICON Platform and the Content of the PEPICON Platform are provided “AS IS” for Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PEPICON reserves all rights not expressly granted in and to the PEPICON Platform and the Content, including the Trademarks. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through the PEPICON Platform for any commercial purposes. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable or otherwise interfere with security related features of the PEPICON Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PEPICON Platform or the Content thereon.
DISCLAIMERS; LIMITATION OF LIABILITY
NONE OF PEPICON, ITS SHAREHOLDERS, PARTNERS, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTENT PROVIDERS, DISTRIBUTORS OR LICENSORS (COLLECTIVELY, THE “PEPICON PARTIES”) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE PEPICON PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE PEPICON PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE PEPICON PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PEPICON PLATFORM A SOLELY AT YOUR OWN RISK.
PEPICON PROVIDES THIS PEPICON PLATFORM AS A RESOURCE FOR USERS INVOLVED IN INVESTOR/SHAREHOLDER RELATIONSHIP MANAGEMENT AND INVESTING IN EARLY STAGE, GROWTH AND MATURE COMPANIES BUT PEPICON DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE USING THE PEPICON PLATFORM. PEPICON DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. PEPICON DOES NOT MAKE INVESTMENTS. EACH USER OF THE PEPICON PLATFORM MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON HIS OR HER PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. PEPICON IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE PEPICON PLATFORM. AS A CONDITION TO YOUR USE OF THE PEPICON PLATFORM, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE PEPICON PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE PEPICON PLATFORM.
IN NO EVENT SHALL ANY PEPICON PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY’S USE OR INABILITY TO USE THE PEPICON PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE PEPICON PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A PEPICON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary herein, PEPICON shall not be liable to the User for any delay in performance of failure to perform its obligations in accordance with this Agreement where such delay or failure is due to circumstances beyond its control and unknown to it at the date of this Agreement. If a force majeure event continues for a period of more than forty-five (45) days, PEPICON may terminate this Agreement by giving not less than seven (7) days written notice to the User.
At PEPICON’s request, User agrees to defend, indemnify and hold harmless PEPICON, its affiliates, partners or licensors and any PEPICON Partners from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of or access to the PEPICON Platform or breach of this Agreement by User or any third party using User’s account.
Each User will be solely responsible for ensuring compliance with applicable laws and regulations when using the Service. For the avoidance of doubt, each User acknowledges and agrees to adhere to any applicable legislation and to be responsible for any applicable regulatory requirement of additional documentation and/or action to be drafted, registered or carried out pursuant to any applicable legislation as a result of the User’s use of the Service. User shall have the sole responsibility towards other Users, government authorities and third parties when using the Service and shall in any event indemnify and hold PEPICON and any PEPICON Partners harmless from any direct or indirect damages, losses, liabilities, claims and expenses in relation to User’s non-fulfillment of any applicable laws and regulations upon the use of the Service.
MODIFICATIONS TO THE TERMS OF SERVICE
PEPICON may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the PEPICON Platform. PEPICON will provide at least 30-days’ notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the PEPICON Platform. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date of such posting or other notification. We may, at any time, temporarily or permanently modify or discontinue all or part of PEPICON, with or without notice and/or offer opportunities to some or all users of PEPICON. You agree that PEPICON, its affiliates, partners or licensors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PEPICON Platform, in whole or in part, or of any Service, content, feature or product offered through the PEPICON Platform. You agree that we may, at any time, charge fees in connection with the use of all or part of the PEPICON Platform and/or for certain features of the Services and that you will be responsible for all such charges (including any applicable tax). You will be notified in advance of any such charges.
PEPICON reserves the right to suspend or terminate these Terms of Service and/or any User’s access to the PEPICON Platform at any time and without notice in its sole discretion.
ENTIRE AGREEMENT/ SEVERABILITY
These Terms of Service shall, including the referenced PEPICON Privacy and Cookie Policies and together with any other separately applicable terms relating to specific Orders placed by a User on the PEPICON Platform, constitute the entire agreement between you and PEPICON concerning the PEPICON Platform regarding the subject matter herein. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PEPICON’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing the application of the laws of any other jurisdiction.
DISPUTE RESOLUTION (ARBITRATION)
Any dispute controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless the parties have agreed otherwise.
The parties shall primarily seek through consultation and negotiation in good spirits to resolve disputes arising in the occasion of the Agreement.
The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the Institute – taking into account the complexity of the case, the amount in dispute and other circumstances – determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
The parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration Clause will be kept strictly confidential. This notwithstanding, a party shall not be prevented from disclosing such information in order to safeguard in the best possible way his rights vis-à-vis the other parties in connection with the dispute, or if such a right exists pursuant to statute, regulation, a decision by an authority, a stock exchange rules or similar.
Any party, before or during any arbitral proceedings, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the arbitral proceedings.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND PEPICON WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND PEPICON RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.
1The General Data Protection Regulation (GDPR) (EU) 2016/679.