Einride Saga - End-User Terms

These end-user terms (the “Terms”) apply when you (the “End-User”, “you”, “your”) use or access software services, including the Einride Saga Platform, (the “Software Service”) provided by Einride AB, org. no. 559074-8926 or any of our affiliates (“Einride”, “us”, “we”, or “our”) under the terms of service (“Terms of Service”) concluded between Einride and the subscribing customer, carrier or other entity (the “User”) with which you are employed, affiliated, or associated and on whose behalf you are using and accessing the Software Service as an authorized user.

By using our Software Service:

• you agree that you have read, understood and accept these Terms, and agree that you will be legally bound by these Terms; and
• you confirm that you have read and understood our Privacy Notice.

1. REGISTRATION AND USE

   1. The Software Service allows you as an authorized user to access and use the Software Service on behalf of the User as long as the User has a valid subscription. Any other use is prohibited.
   2. You need to create a user account (“Account”) to access the Software Service. The access credentials will either be provided to you by Einride or the User or you will be invited to sign up for an Account yourself. Access credentials are personal and may only be used by you. You must handle access credentials confidentially and not share them with anyone.

   3. When using the Software Service, you must:

      • adhere to these Terms and instructions provided by the User or Einride from time to time;
      • before accessing your Account and the Software Service, during use and when transferring data, take all reasonable precautions against security attacks on a personal level (e.g. use devices that are free from security vulnerabilities, have anti-malware protection, do not download unknown or unauthorized software or browse non-trustworthy internet resources etc.);
      • inform us immediately of i) any possible unauthorized use of your access credentials, misuse or theft of your Account or any other security threat or vulnerability; ii) any possible or actual violation of these Terms; iii) any errors in the functionality of the Software Service or the information provided therein; and iv) if you have erroneously gained access to data that is obviously not intended to be accessed by you; and
      • comply with all applicable national and international laws, including export and re-export control regulations including, but not limited to, those of the European Union and of the United States of America.

   4. In using the Software Service, you must not:

      • reverse engineer, decompile, disassemble or otherwise attempt to discover or derive the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Software Service or any related software, documentation or data;
      • modify, translate, or create derivative works based on the Software Service;
      • access or use the Software Service for any purpose except for the User's internal business purposes, and in particular not use the Software Service for timesharing or service bureau purposes or other computer service to a third party or to assist or take part in the development, marketing or sale of a product competitive with the Software Service;
      • modify, remove or obstruct any proprietary notices or labels;
      • tamper with the security of the Software Service (such as authentication, authorization, confidentiality, intrusion detection or monitoring), tamper with other customer accounts of Einride or attempt to probe, scan or test the Software Service for security vulnerabilities or breach the security or authentication measures without proper authorization;
      • access data on the Software Service not intended for you, or log into a server or account that you are not authorized to access;
      • infringe personal rights, intellectual property rights, copyrights or any other proprietary rights of Einride or any other party or harm other persons; or
      • upload any content or make posts that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable.

2. INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY AND PRIVACY

   1. Einride or our licensors hold intellectual property rights in and to the Software Service. Nothing in these Terms shall be considered to constitute a transfer of any intellectual property rights to you. To the extent Einride provides you with the possibility to download client software (e.g. mobile applications) to access the Software Service, you are hereby granted a limited, non-transferable license to download, install and use such client software solely to access or use the Software Service for the User’s internal business purposes during the applicable subscription term.
   2. You may have access to Einride's and our partner's confidential information through your Account. You must observe and comply with any copyright or confidentiality notices or restrictions provided in the Software Service. Confidential information may only be used for the purpose of access to and use of the Account and the Software Service and in accordance with these Terms.
   3. To the extent you provide us with suggestions, recommendations, feature requests or other feedback regarding the Software Service, we may exploit such feedback free of charge to develop, improve and sell any of our products and services.
   4. As described in our Privacy Notice, we may collect and process personal data from you as a data controller. In such cases, we will only process personal data in accordance with our privacy notice and applicable data protection laws and regulations.

3. COMPLIANCE AND SUSPENSION

   1. You acknowledge that we, ourselves or through a third party, may monitor your access to and use of the Account and the Software Service for our internal business purposes, e.g. to the extent required to ensure compliance with these Terms, and to develop and improve our products and services.
   2. We may, directly or indirectly, and by use of a disabling device or any other lawful means, immediately suspend your access to and use of the Software Service if, we believe, in our sole reasonable discretion, that: (i) you have failed to comply with these Terms or accessed or used the Software Service beyond the scope of the rights granted to the User; (ii) your are, have been, or are likely to be involved in any fraudulent, misleading or unlawful activities relating to or in connection with the Software Service; or (iii) as otherwise permitted by the Terms of Service.
   3. Einride may delete any content, message or post submitted by you through the Software Service which is in breach of these Terms or the Terms of Service.

4. LIABILITY

   1. Einride assumes no liability towards the End-User, including, without limitation, for defects in the Account or the Software Service and the information contained therein, particularly for their accuracy, correctness, freedom of property rights and copyright of third parties, completeness and/or usability.
   2. Einride is not responsible for any losses, damages, costs, expenses or claims that result from compromised passwords. You are responsible for (i) all uses of any account that you have access to; and (ii) securing your Account, passwords (including but not limited to administrative and user passwords) and files.
   3. Nothing in these Terms shall limit or exclude Einride's liability to the End-User to the extent that liability cannot be limited or excluded according to mandatory applicable law.

5. GENERAL

   1. These Terms and the rights granted hereunder may be assigned by Einride to any entity within or outside the Einride Group, however an assignment by the End-User is not permitted and any purported assignment or transfer in violation of the foregoing shall be null and void.
   2. These Terms may be updated from time to time by us. If any material change is made to these Terms, we will provide you with reasonable notice prior to the change taking effect. In case of conflict between these Terms and the Terms of Service or a corresponding agreement concluded between us and the User in relation to access and use of the Software Service, the latter shall prevail.
   3. If you have any question regarding these Terms or if your become aware of any suspected breach of these Terms, Einride can be contacted at legal@einride.tech or at our mailing address below:
      • Einride AB, Regeringsgatan 65, 111 56, Stockholm, Sweden
   4. These Terms are governed by and construed in accordance with Swedish law, without giving effect to its rules relating to conflict of laws.