Terms & Services

The Customer wishes to purchase the Service from EQL Global under the terms of this Agreement.

By entering into the Agreement the Customer warrants that any physical person representing the Customer is at least 18 years of age and fully capable of entering into the Agreement.

The scope and conditions of the Service are outlined in the Specification and these Terms with associated appendices, which form an integral part of the Agreement. If the documents contain conflicting information, the Specification shall take precedence over the Terms and appendices, unless the circumstances clearly indicate otherwise.

Through this Agreement, EQL Global undertakes to provide maintenance for the cloud service EQL and/or other software or cloud services specified in the Specification (hereinafter referred to as the "Service") from the agreed Start Date. EQL is a web-based platform providing stock trading information. It is offered as a Software as a Service (SaaS) solution and is not compliant with industry-specific regulations (e.g., HIPAA, FISMA).

EQL Global has the right to make changes to the Service without notifying the Customer, provided that these changes typically do not significantly impair the use of the Service.

EQL Global shall perform all parts of the Service in accordance with the provisions of this Agreement and with the skill and care that the Customer can reasonably expect from a company in the industry. EQL Global shall engage personnel deemed appropriate by EQL Global for the performance of the Service. The Customer shall appoint qualified personnel responsible for contact with EQL Global.

EQL Global shall provide the number of Users to the Customer as specified in the Specification. The Customer is responsible for ensuring that Users of the Service comply with the Agreement.

The Customer may only increase or decrease the amount of Users upon written agreement between the Parties.

A User must be at least 18 years of age.

It is the Users' responsibility to store login credentials for the Service securely and not to share them with unauthorized individuals.

Changes to the number of Users may only occur through an agreement between the Parties.

A User may not:

EQL Global shall deliver the Service to the best of its ability and is not responsible for deficiencies in the Service level unless EQL Global has acted negligently.

EQL Global's responsibility for third- party products included in the Service is limited to, to the best of its ability, safeguarding the Customer's potential rights against the third-party supplier.

EQL Global is only responsible for the communication between EQL Global and the access point where EQL Global’s network connects to the internet. EQL Global is therefore not responsible for the functionality of internet connections.

The Customer shall use the Service in accordance with the specifications and manuals provided by EQL Global. The Customer shall also not use the Service for the purposes of others and is only entitled to use the Service for its own purposes.

The Customer shall provide information for EQL Global’s work during the initiation of the Service, review documents, make decisions, and otherwise continuously provide the information necessary for EQL Global to fulfill its obligations under the Agreement.

The Customer is responsible for the communication between the Customer and the access point where EQL Global’s network connects to the internet and shall ensure that the Customer has the necessary equipment and software required to access the Service.

The Customer shall ensure that (i) the Customer’s data is free from viruses, trojans, worms, or other malicious software or code, (ii) the Customer’s data is in the agreed format, and (iii) the Customer’s data does not in any other way harm or negatively affect EQL Global’s systems or the Service (iv) the Customer’s data does not infringe any Third-Party rights.

The Customer is responsible for ensuring that login credentials, security methods, and other information provided by EQL Global for access to the Service are handled confidentially. The Customer shall immediately notify EQL Global if an unauthorized person gains access to such information.

EQL Global is responsible for ensuring that the Service is available to the Customer from the effective date of the Agreement, unless otherwise specified in the Specification. The Documentation outlines how the Customer will gain access to the Service. Training and guidance during the initiation of the Service will be provided in accordance with these Terms.

If agreed in the Specification, EQL Global may offer the Customer access to a demo version of the Service ("Demo Version") for evaluation purposes. The Demo Version is provided free of charge, "as-is" without any warranties, and EQL Global makes no representations or guarantees regarding its functionality, availability, or suitability for the Customer's specific needs.

The Customer acknowledges that the Demo Version may have limited features, reduced security measures, and may not reflect the full capabilities of the Service. The Customer further agrees that any data processed in the Demo Version is at the Customer's own risk and that EQL Global has no responsibility for the integrity or backup of such data.

Unless terminated by either EQL Global or the Customer in writing prior to the expiration of the demo period, the Demo Version will automatically transition into a regular Service agreement under the terms of this Agreement, with the applicable Service fees as specified in the Specification. Upon transition, the Customer will be obligated to pay the applicable Service fees from the date of transition.

EQL Global reserves the right to terminate the Customer’s access to the Demo Version at any time without prior notice. Upon such termination, the Customer must cease all use of the Demo Version and destroy any related software or documentation, if applicable.

The provisions of this Agreement, including but not limited to sections relating to confidentiality, intellectual property rights, and limitations of liability, apply to the Customer's use of the Demo Version.

EQL Global has the right to engage subcontractors for the performance of the Service and for obligations under the Agreement. EQL Global is responsible for work performed by subcontractors.

Unless otherwise stated in the Specification, the Service Fee and any other applicable fees shall be paid in arrears against an invoice, and payment must be received by EQL Global no later than thirty (30) days from the date of the invoice.

In the event of payment delay, interest on arrears will accrue according to the Swedish Interest Act (1975:635) on the outstanding amount until full payment is made. Additionally, EQL Global has the right, without prior notice, to suspend the Customer’s ability to use the Service until full payment is made or to terminate the Agreement with immediate effect.

All prices and fees are quoted exclusive of value-added tax (VAT) and other applicable taxes and charges. If not otherwise stipulated in the Specification, EQL Global reserves the right to increase any and all Service Fees to take effect upon any prolonged or renewed Term. The increase is calculated based on the percentage increase in the CPI (Consumer Price Index) from the base Reg.nr 559372–9766 VAT-number SE559372976601 E-mail info@eqlglobal. com month to the month of prolongation or renewal, plus one (1) percentage point. The base month shall be January of the year in which the Agreement was entered into.

EQL Global may provide free updates to the Service. EQL Global does however not provide any support regarding the Service.

Login credentials, such as usernames and passwords, are confidential and must, if written down, be stored securely so that unauthorized persons cannot access the Service.

EQL Global has the right to consider all use of the Service with the Customer’s or its Users’ login credentials as authorized use by the Customer, regardless of whether such use incurs costs for the Customer, unless and until the Customer notifies EQL Global in writing that the Customer suspects unauthorized access to the Service or the Customer's or its Users’ password. It is the Customer's responsibility to immediately inform EQL Global if the Customer suspects this may be the case and to ensure that the Customer’s or its Users’ login credentials are blocked or changed.

EQL Global will strive to ensure that the Service is available to the Customer 24/7 throughout the year. However, EQL Global has the right to suspend access to the Service at any time and without prior notice for urgent maintenance or to protect the Service from unauthorized attacks or similar threats. EQL Global shall, however, inform the Customer as far as possible when such interruptions might occur. The Customer is not entitled to compensation for such lack of access. EQL Global is also not responsible for lack of access due to interruptions or communication issues on the internet or other private and public networks used to access the Service.

If the Service is subjected to external attacks or otherwise risks damage, EQL Global has the right to suspend or restrict access to the Service. The Customer shall be notified as soon as possible about the incident, including information on when the Service is expected to be available again.

If the Customer breaches the Agreement or applicable legislation, EQL Global has the right to suspend the Customer from the Service until the breach has ceased and the damage has been remedied.

All intellectual property rights and any other rights in or related to the Service belong to EQL Global or, where applicable, EQL Global's suppliers or licensors.

Nothing in this Agreement constitutes a transfer or assignment of any intellectual property rights or other rights in the Service or Software to the Customer. However, the data processed by the Customer and created by the Software as a result of the Customer's use thereof shall be owned by the Customer without restriction. EQL Global has the right to use the Customer's data only to the extent necessary to fulfill its obligations under this Agreement. EQL Global also has the right to use information about process functions, performance, capacity, and other statistics or similar data based on the Service’s processing of the Customer’s data without limitation.

EQL Global guarantees that the use of the Service in accordance with this Agreement does not infringe on any third party’s intellectual property rights. If the Customer receives a claim from a third party asserting that the Service infringes upon such third party’s intellectual property rights, EQL Global will indemnify the Customer, provided that (i) the Customer immediately notifies EQL Global of the claim, (ii) EQL Global has full control and authority over the defense or settlement of the claim, (iii) the Customer has not made any admission, reached any settlement, or otherwise affected EQL Global’s ability to defend or negotiate a settlement regarding the claim, and (iv) the Customer reasonably cooperates with EQL Global in the defense or negotiation of the claim. EQL Global's obligation to indemnify the Customer under this section also assumes that the Customer has installed all updates made available by EQL Global, provided that use of such updated version of the Software would have avoided the infringement.

If the Service includes Software from third parties (“Third-Party Software”), such Third-Party Software is provided in accordance with the terms and conditions applicable to the use of each respective Third-Party Software. A list of all such Third-Party Software included in the Software is provided in the Documentation. The applicable terms or where they can be obtained are also outlined in the Documentation.

The Customer is responsible for ensuring that the processing of personal data in the execution of the Service complies with applicable laws. EQL Global shall process personal data on behalf of the Customer according to the Customer’s instructions in accordance with what is specified in a separate data processing agreement between the Parties.

The Customer owns the data provided to the Service by the Customer, as well as the data generated by and within the Service. However, EQL Global has the right to freely use data created in system log files to optimize and improve EQL Global’s services as well as in accordance with its privacy policy. Any feedback and suggestions provided by the Customer to EQL Global is provided free of charge.

Upon termination of the Agreement, the Customer’s data shall be returned to the Customer or destroyed. This only applies to data that has not been anonymized or otherwise conditioned.

EQL Global has the right to anonymize all data in the Service. The anonymization shall be performed in such a way that it is not possible to revert it to personal data.

All ownership rights to anonymized data shall belong to EQL Global, who has the right to use and store the data without time limitations.

EQL Global also has the right to use all other data within the Service for statistical purposes.

Should liability for damages arise, unless due to intent or gross negligence, each Party's liability per calendar year shall be limited to direct damage amounting to a total of 50 percent of the Service Fee. However, a Party shall not be liable, unless due to intent or gross negligence, for any loss of profit or other indirect damage or loss, including any potential liability to third parties. EQL Global is not liable for data loss except for data loss caused by EQL Global’s negligence in performing backups or storage as specified in the Service Specification.

To avoid losing the right to damages, the Customer must make a claim for damages to EQL Global no later than three (3) months from the date of the damage.

A Party is exempt from penalties for failure to fulfill any obligation under this Agreement if the failure is due to circumstances (Force Majeure) beyond the Party's control that prevent the performance thereof. As soon as the hindrance is removed, the obligation shall be fulfilled as agreed.

Force Majeure is considered to include war, acts of war, terrorist attacks, pandemics or disease epidemics, government actions, new or amended legislation, labor market conflicts, or other circumstances beyond the Party’s control.

To be relieved from liability under the previous clause, the Party must promptly notify the other Party in writing.

Notwithstanding the above provisions on exemption from penalties, a Party may terminate the Agreement if the other Party’s performance of a material obligation is delayed by more than three (3) months under the stated circumstances.

EQL Global is responsible for ensuring that all data processed within the Service or with the Software is continuously backed up. Beyond what is specified in the Specification, EQL Global has no responsibility for data processed within the Service.

During the term of the Agreement and for a period of five (5) years after the termination of the Agreement, each Party agrees not to disclose to any third-party confidential information received from the other Party or arising from the performance of the Service.

"Confidential information" in this Agreement refers to any information— technical, commercial, or otherwise— whether documented or not, except for: a) Information that is publicly known or becomes publicly known through means other than a breach by the Party of this Agreement; b) Information that the Party can demonstrate it already knew before receiving it from the other Party; and c) Information that the Party has received or will receive from a third party without being bound by confidentiality obligations to that third party.

In cases under c) above, the Party shall not disclose to outsiders that the same information was also received from the other Party under this Agreement.

Each Party agrees to ensure that its employees, consultants, subcontractors, and board members do not disclose confidential information to outsiders.

Each Party undertakes to follow any data security rules and instructions for handling personal data communicated by the other Party.

Each Party agrees, without limitation in time, not to disclose without compelling reasons: a) The existence of this Agreement or arbitration in connection with this Agreement (EQL Global may, however, reference the cloud service assignment as a reference object); b) The content of this Agreement or arbitration in connection with this Agreement; and c) Information about negotiations, arbitration, or mediation in connection with this Agreement.

The provisions set forth in this section shall apply unless the Parties have entered into a separate confidentiality agreement providing for a more extensive confidentiality obligation between the Parties.

The Agreement shall enter into force and remain in effect at the respective times specified in the Specification, provided that the specified Service Fees are duly paid by the Customer.

Unless otherwise specified in the Specification, the Customer may give notice of termination at any time effective at the end of the Term. All

Unless otherwise specified in the Specification and if the Agreement is not terminated at the latest on the last day of the Term, the agreement shall automatically be renewed for another Term until duly terminated.

Upon termination of the Agreement, regardless of the reason, the provisions of the Terms regarding confidentiality and dispute resolution shall continue to apply.

The Customer has the right to terminate the Agreement at any time by providing written notice or to cease using the Service. If the Service Fee is recurring, the Customer is also deemed to have terminated the Agreement if, despite a reminder, the Customer fails to pay the fee for the upcoming period.

EQL Global has the right to terminate the Agreement if EQL Global decides to cease providing the Service. Such termination shall take effect no earlier than three (3) months from EQL Global's written notice thereof.

Either Party has the right to terminate the Agreement immediately if:

In addition to the rights provided under this clause, EQL Global also retains the right to terminate the Agreement in accordance with other provisions set forth in these Terms.

Upon termination of the Agreement, the Customer shall immediately cease all use of the Service and any associated software. The Customer shall, if applicable, immediately uninstall locally installed software received from EQL Global and, according to EQL Global's instructions, destroy or return all copies of installation media and backups of such software, and provide written confirmation to EQL Global that no copies are retained by the Customer.

Upon termination of the Agreement, EQL Global shall erase all of the Customer's data unless the Customer informs EQL Global, no later than the day before the end of the agreement term, that the Customer requires assistance with the transfer of the Customer's data. EQL Global has the right to charge the Customer according to the applicable price list for data conversion and transfer. Charges will be based on the actual time spent. EQL Global shall retain the Customer's data until the transfer of the Customer's data is complete.

EQL Global shall securely (i) manage customer records, telephone numbers, passwords, and other similar data relevant to the Customer's data security, and (ii) ensure that the transport and storage of data are conducted in a secure manner..

EQL Global shall maintain a standard liability insurance.

For the primary responsibility regarding communication between the Parties during the execution of the Service, each Party shall appoint a contact person. The Parties shall notify each other of the appointment of the contact person and of any temporary or permanent changes to the contact person. If the contact person is to have specific authority, this must be clearly stated in the agreement. The Parties shall promptly inform the other Party of any circumstances that may affect the conditions for the execution of the Service.

A Party may not fully or partially assign or pledge its rights and/or obligations under the Agreement without the written consent of the other Party. EQL Global may however fully or partially assign or pledge its rights and/or obligations under the Agreement to a company within its group as the term is defined in ch. 1 para. 11 the Swedish Companies Act.

Complaints and other communications regarding the application of the Agreement shall be sent by courier, registered mail, or email to the addresses specified by the Parties.

The communication shall be deemed to have been received by the recipient: a) if delivered by courier: at the time of delivery to the recipient; b) if sent by registered mail: three (3) days after dispatch for postal delivery; and c) if sent by email: at the time of sending, provided that receipt has been duly confirmed.

Address changes must be communicated to the other Party in the manner prescribed in this provision.

EQL Global may make changes to the Agreement or these Terms. In such cases, EQL Global will send out the new provisions that will apply thirty at the latest (30) days before they come into effect. If the Customer does not object to the new provisions before they take effect, the Customer will be deemed to have accepted them.

If the Customer objects to the new provisions coming into effect, EQL Global has the right to terminate the Agreement with three (3) months' notice.

A Party's failure to exercise any right under the Agreement or failure to raise a particular issue related to the Agreement shall not be deemed to constitute a waiver of that Party's right in that regard. If a Party wishes to waive a specific right or issue, such waiver must be made in writing for each individual case.

All written or oral commitments and representations made prior to the Agreement are replaced by the content of this Agreement and its appendices.

If any provision of the Agreement or any part thereof is found to be invalid, this shall not render the entire Agreement invalid. Instead, to the extent that the invalidity materially affects the Parties' rights or obligations under the Agreement, a reasonable adjustment to the Agreement shall be made.

This Agreement shall be governed by Swedish law.

Disputes arising in connection with this Agreement shall be finally resolved by Swedish general courts with Gothenburg district court as the court of first instance.