Scrive TERMS OF SERVICE (2011:02)

Scrive CM AB provides Scrive.com, a service that finally solves the problems with paperwork and organization which the traditional methods to sign the document at a distance - mail, fax and e-mail – are unable to solve, while maintaining a high security standard. Our main priority is to protect your privacy and the security of our service. Scrive Terms of Service ("Terms") apply to the use of the site Scrive.com (Service) and the electronic service for the administration and participant signing the document ("Party" or "Contractor") (including service) and is an agreement between the persons who use the Service ("User" or "You") and Scrive CM AB (the "Company" or "Scrive"). The Service belongs to Scrive. By using the website, create an account and/or by logging onto the Service, you accept the Terms. When using the Service to sign documents, You are also guaranteeing that You have all rights necessary to legally sign the document. Scrive reserves the right to, at any time, amend, add or remove parts of these Terms. It is your own responsibility to be informed of any update of the Terms each time You use the Service. Your continued use of the Service after changes have been made in the Terms means that You accept those changes. As long as You respect these conditions, Scrive offers a personal, non-exclusive, non-transferable right to use the Service in accordance with the Terms.

1. Information

It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, documents, contracts, or other content available through Scrive. No part of the Service shall be regarded as legal advice. Neither Scrive nor its affiliates shall be liable for any errors or omissions in the content, or for the consequences of actions based on reliance on any content.

2. User Accounts

You are responsible for maintaining the confidentiality and to protect your account information, including codes, and You are also responsible for any other activity on your account. You shall immediately notify Scrive on suspicion of unauthorized use or attempted use of your account or your code, or other security breach. You must not, at any time, use someone else's code or account or in any other unauthorized way attempt to get access to the Service.

a. Account Terms:

You agree that You will give Scrive accurate, current and complete information about yourself and your invoice/payment information. You shall update all account information by following the procedures, which the Service provides. You may not use any automated device, program, algorithm, method, or any similar manual process, to access, acquire, copy, probe, index, manipulate, test or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the Service's structure or presentation, or to attempt to obtain any materials, documents or information through any means other than the infrastructure created and made available by Scrive, or its partners, to that end. You agree that You will not perform any action that exposes the Service's infrastructure, or subject any systems or networks that are part of or affiliated with the Service, to an excessive burden.

b. User Content:

You agree that You will not use the Service for illegal purposes, to disrupt the Service or to disseminate content that violates privacy, copyright or proprietary right of any Third-party, or for purposes of Scrive that are or may be perceived as illegal, obscene, abusive, libelous, threatening, vulgar or otherwise reprehensible. Scrive is not responsible for any failure or delay in removing such content. Scrive has the right, but not the obligation, to monitor all user-generated content, including comments and communications, in order to determine whether conditions are complied with by the user, to ascertain that the laws and rules are abided by or to satisfy requests from a government agency. Scrive and its partners have the right to, at any time, delete, reject and litigate against users and user content, if Scrive deems it to violate the Terms or otherwise violate any applicable laws and regulations. You yourself are fully responsible for the contents of your account and transactions made with your account through the Service.

c. Cost and payment:

Scrive charges monthly for your pending charges under an existing price plan by billing or by pulling money from your registered credit card. Our invoices are due 14 days after invoice date. Reminders will be charged at a late payment fee of 50 SEK. We will charge interest from the due date to the date of payment. The interest rate is 15% plus the current government borrowing rate. We apply an administration fee of 50 SEK excluding VAT per invoice, which is below a value of 500 SEK.

d. Suspension of Service or termination:

You agree to that Scrive at any time, without notice, may freeze your account or otherwise stop your access to the Service at (a) alleged breaches of the conditions, (2) our attempt to address safety in the software or to protect the contents, (3) modification of the Service, (4) unexpected operational interruptions or problems, (5) deferred payment or (6) explicit action request from any legal authority or other government authorities. You agree to that Scrive also is entitled to, with a week's notice, terminate your account at (1) clear violations of the conditions, (2) User inactivity for more than 12 months, (3) payment due to the bailiff, or (4) explicit action request from any legal authority or other government authorities. Scrive will not be liable to You or any Third-party to your account based on the Service being frozen or terminated.

3. Data Management Policy

Scrive Archive is a secure and easy document management and archiving system that is part of the Service. Scrive also stores user data in order to enhance the weight of the evidence of the document signed by the Service. Both of these services require that we collect and store user data automatically. Therefore we have a data management policy.

a. Data Management:

The Service automatically stores information about users, communications and records. The information that is stored and how it is managed is described in detail in our Privacy Policy. Scrive reserves the right to continue to store this information indefinitely on our servers. This also includes information from users who have resigned or been dismissed from his account as well as the information that the user has chosen to delete from their user account.

b. PDA:

To the extent that the Service may process personal information in connection with the performance of these Terms, Customer shall be responsible for personal information and will also be Scrive’s personal data assistant (as defined in the Swedish Data Protection Act). Scrive may only process personal data according to customer's instructions or to the extent necessary to meet its obligations under the Terms.

c. Data storage:

Scrive stores documents signed by all parties against an agreed annual fee. For documents that are not completed and signed by all parties, Scrive stores the document fee free for 100 days after the document was created. The service stores max 1GB free per account. After the 100 days have been exceeded, You can choose time or amount of storage, if You want to continue storing your draft, by paying the agreed annual storage fee.

4. Signed documents and the signing process

Scrive provides the Service as a tool for the user to sign documents with third parties. The following rules apply to documents signed by Scrive.

a. Scrive is never a party to the agreement:

As part of the Service Scrive ensures that the document is signed by all parties by issuing a certificate confirming that Scrive has witnessed the transaction. The purpose of Scrive witnessing the transaction is to strengthen the document evidence, for the unlikely event that it is needed in a court of law. By this procedure Scrive is never considered to be a signatory of the document and Scrive shall have no liability whatsoever regarding the validity, content, enforcement or parties’ survivors of such documents. Scrive can only be bound by the contents of a document if a registered or authorized signatory by a registered user of the Service in its own name and on behalf of the Company signs a document through the Service.

b. The parties' obligations and Scrive's limitation of liability:

Once all parties have signed a document through the Service, and document completion has been confirmed by the Service, the signatories have the obligations and rights in accordance with the agreement/s in the document. Scrive will never be responsible or in any way obligated to monitor or intervene, should the signatories not abide by their obligations in the agreement or improperly exercise their rights as agreed in the signed document.

c. Disputes and the extra service “Scrive Proof”:

If any disagreement arises between the parties regarding a document that was prepared by Scrive, Scrive will have no liability or obligation with respect to this conflict except through the company's usual customer support to help users find and manage the information available through the Service. For further evidence Scrive provides the extra service Scrive Proof that gives the user the ability to revert for payment in accordance with our Special Extract Terms of extracts from the Company recorded evidence base.

d. Scrive's communications with invited guests:

You agree and hereby authorize Scrive to, through the Service or by representatives of Scrive, communicate with persons directly or indirectly invited by You (an indirect invited person is e.g. spectators invited through your permission by one of your directly invited individuals) regarding the documents to be signed and serve them the documents and information reasonably necessary to enable them to (1) review the document, (2) examine the signing parties’ identities, (3) to know whether the document is signed or not signed and understand the circumstances surrounding the events and (4) retrospectively examine the Scrive generated and stored evidence of the operation. Such information may include, but is not limited to, your name, email address, date of birth, photograph and IP address.

e. Company's use of documents and information: By submitting Scrive documents and/or information to be signed and/or administered through the Service, You agree that Scrive may press its seal as well as your and your invited gusts’ information on the completed document, and You give permission Scrive to automatically and/or manually distribute copies of the completed document to You and all participating individuals.

f. Dokuments legal effect and Scrive's discharge:

All statements made by Scrive regarding the validity of documents signed electronically are not intended to be, and should not be interpreted as, legal advice. Scrive disclaims any responsibility to ensure that the documents signed by the Service are valid or enforceable under the laws of a particular country, state or other jurisdiction. If You wish to review the validity or enforceability of any documents You plan to sign or signed by the Service, or want to push through a document signed by the Service, You should consult with appropriate legal expertise.

g. Taxes:

You agree that You and any other party signed a document through the Service itself is responsible for (a) the determination of taxes You may owe as a result of such documents, and (2) the collection, payment and reporting of required fees under the appropriate law. You agree to Scrive has no responsibility to pay, collect or report applicable taxes associated with your document, and You also agree to indemnify, defend and hold Scrive harmless from all claims, demands, damages, penalties, fines, costs and other expenses related to the document.

6. Our communication with You

By opening an account on the Service, You give permission to Scrive to, through the Service or through a representative, contact You via your telephone or e-mail address. If You do not wish to receive our mailings via email, please send an email to support@scrive.com. Please note that Scrive will still need to communicate with You via email about your transactions and other account-related issues, and that these emails are not commercial emails and will not be eliminated by the above procedure.

7. Proprietary Rights

You acknowledge and agree that Scrive (or the Company's licensors) own all property rights to the Service and all interests therein, including intellectual property rights contained in the Service (whether those rights are registered or not, and wherever in the World those rights may exist). You further acknowledge that the Service that may contain information of Scrive is intended to be confidential and that You may not, without the prior written consent from Scrive, disclose any such information. Unless otherwise agreed in writing with Scrive nothing in the Terms gives You the right to use any of the Company trade names, trademarks, logos, domain names or other distinguishing marks. Except for the limited license granted in section 7 (a), Scrive acknowledges and agrees that Scrive under these conditions obtains no right, title or interest from You (or your licensors) in or to any content You submit, post, transmit or display on or through the Service, including intellectual property rights which subsist in that content (whether those rights are registered or not, and wherever in the world those rights may exist). If You have not agreed otherwise in writing with Scrive, You agree that You are responsible for protecting and enforcing those rights and that Scrive does not have any obligation to do so on your behalf. If You have not received the express written permission from Scrive, You agree that You in your use of the Services shall not use any company or organization's trademark, trade name or logo in a manner that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

a. Feedback:

You agree that Scrive may, at its own option, publish and otherwise use your comments and feedback, without payment or other obligations to You. You agree that any comments you make about Scrive directly to Scrive via email, via our contact form, or on our forums, may be used as attributes of the Service and may be used in our marketing without any payment or other obligation to You. Once You have served Scrive feedback it cannot be changed by You.

8. Disclaimer

You agree to hold Scrive and its parent companies, sister companies, subsidiaries, affiliates, service providers, other Users, distributors, licensors, officers, directors and employees free from any claim or demand, including all attorneys' fees, from You or any Third-party for any direct, indirect, random, special, following or specific injury, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scrive has been notified of this option), and including injuries resulting from: (i) documents or transactions submitted by the Service where Scrive not been a direct party to the agreement, (ii) the use or inability to use, including errors/mistakes, interruptions or delays; unauthorized access to or alteration of your documents or transactions or (iii) any other issue relating to the Service. Scrive's responsibility shall not exceed, in total, the sum of the minimum amount of either (A) Your total payments for the use of the Website and the Service under these Terms within the past 12 months or, (B) maximum five thousand kronor.

9. Applicable Law and Jurisdiction

Document signed by the Service shall - unless otherwise specified in the contract – be governed by and construed in accordance with Swedish law. These Terms and all issues concerning them and all issues relating to the Service is governed by and construed in accordance with Swedish law and must be examined by a Swedish court in the District Court of Stockholm. Regardless of the above procedure to resolve disagreements, we have the right to bring an action on outstanding debts in the courts having jurisdiction over the User or any of the user's assets.