Nimbus Connect
Terms Of Use

These terms and conditions, the “Terms”, set out the terms on which you may use the services on Nimbus Connect, the “Services”, which is provided through the Nimbus Connect App, the “App”. We kindly ask you to carefully read and accept the Terms to get access to the Services. The Terms will apply whenever and wherever you use the Services via the Nimbus app on a smartphone, tablet, an infotainment system or any other device, “Device”.
Please see our Privacy Policy if you want to learn more about our processing of personal data in relation to the Services.

We are Nimbus Group AB, reg.no. 556903-6568, which also includes any of our affiliated companies, “Affiliates”. If you have any questions, then please contact us by e-mail at connectsupport@nimbus.se or call us at [+46 (0) 31-726 77 00].
Please note that these Terms do not govern the terms for your purchase of the Nimbus vessel.

By accepting the Terms, you enter a contract with Nimbus regarding the Services, the “Contract”. The Contract may also include an order confirmation, additional contracts and, where applicable, specific terms for specific Services.

1. USE OF SERVICES

1.1                 General
1.1.1              You must be 18 years old or older to accept these Terms and to use the Services.

1.1.2              You can only use the Services with Nimbus vessels that are equipped with the required Nimbus Connect hardware and embedded software, the “IOT Package”. The Services will be accessed via the App. To use the App, you will be required to use a compatible Device with a compatible operating system.

1.2                Accessing the Service
1.2.1              To access the Service, you must log in with your Nimbus user account, the “User Account”, and add your details and choose a PIN or a password.
1.2.2              You may invite others to hold User Accounts connected to your Nimbus vessel.

2.                   YOUR OBLIGATIONS
2.1                  You must use the Services in accordance with the Terms and any instructions provided by us. You are required to use the Services and the IOT Package solely for their intended purpose, and not to use the IOT Package for anything other than utilizing the Services. In particular, you must

i)               comply with applicable laws and regulations and respect the rights of others (which includes, without limitation, complying with third-party terms and resisting from infringing any third-party’s intellectual property rights) when using the Services, and also refrain from using the Services for unlawful purposes or to facilitate such purposes, and
ii)              not alter or modify the Services or the IOT Package in any way that could affect the functionality of the Services (including by changing hardware or software or by using third-party software), and
iii)             not damage, disable or in any other way disrupt the Services, or introduce any virus, malware or other malicious code or programs to the Services.

2.2                  If you allow another person to use the Services, you acknowledge and agree that you are fully liable for such person’s use of the Services. Any breach of the Terms by such person will be considered a breach by you.
2.3                  The Services include an undetermined amount of data consumption. If your data usage is excessively high compared to other users, we reserve the right to temporarily limit your data consumption or your access to Services. Please note that normal, reasonable use of the Services will not result in excessively high data usage.

3.                    IF YOU DISPOSE OF YOUR NIMBUS VESSEL
3.1                  If you sell your Nimbus vessel, if your leasing period ends, if you provide it to a third-party on a permanent basis, or if you otherwise have no legitimate interest in using the Services connected to a certain Nimbus vessel, you must immediately remove the Nimbus vessel from your User Account. Please contact us or your Nimbus dealer for instructions.
3.2                  Please be advised that by removing the relevant Nimbus vessel from your User Account the vessel will be disconnected from your App and the Services previously connected to the vessel will no longer be available to you.

4.                    PRICES AND PAYMENT TERMS
4.1                  A Service may either be provided free of charge or subject to a fee. The applicable prices and payment terms will be presented to you when you accept the Contract.
4.2                  Unless otherwise set out in the Contract, the fees shall be paid annually in advance.
4.3                  Where applicable, you must pay all fees on time using the payment method provided on each occasion. You are responsible for paying any taxes related to the Services, such as VAT, as well as any charges related to the chosen payment method, if applicable.
4.4                  Please note that payment methods provided by a third-party may be subject to that third-party’s terms and conditions.
4.5                  We reserve the right to adjust the prices in accordance with Section 10.4 below.
4.6                  If you fail to pay the applicable fees, we have the right to use third-party debt collection services. Additionally, we reserve the right to claim compensation from you in accordance with The Swedish Act on Compensation for Debt Collection Costs etc. (Sw.: Lag om ersättning för inkassokostnader m.m.).

5.                    SERVICE LIMITATIONS
5.1                  The IOT Package includes a built-in SIM card that, for the Services to function properly, requires connectivity. The Services are therefore territorially limited based on factors such as connectivity, mobile network operator transmission ranges, roaming network frequency, topographical conditions, the Nimbus vessel’s positions, obstacles, and other similar variables.
5.2                  The App will only be available or fully functional on Devices that are compatible with the current Services and the roaming networks. If your Device is not equipped with the necessary technical features or does not fulfil the requirements for a certain Service, we are not obligated to provide that Service to you. We will continuously notify you on the latest requirements and updates related to Devices.
5.3                  We may deactivate the Services and the access to the Services, in whole or in part, for technical or security reasons (including but not limited to updates, repairs and maintenance), and for other reasons that we otherwise deem important, such as for improving the Services or their performance, functionality or connectivity.
5.4                  The Services may also be disrupted or restricted due to circumstances beyond our control, including, but not limited to, the unavailability of mobile network operator connections, capacity bottlenecks due to peak loads on the Service or the Internet.

6.                    DISCLAIMER AND LIMITATION OF LIABILITY
6.1                  Disclaimer
The Services are provided “as is” and “as available”. We do not guarantee any availability of the Services, nor do we make any warranties in relation to them, whether express or implied. Nothing in these Terms will, however, exclude, restrict, or modify any guarantee, warranty, right or remedy that cannot be excluded, restricted, or modified under applicable mandatory law.
6.2                  Limitation of Liability
6.2.1              We shall not be liable for the accuracy or timeliness of data transmitted through the Services, or for the consequences of unavailability, disruption, interruptions, or functional impairments of the Services. We are not responsible for any damages arising from the circumstances outlined in Section 5 (Service Limitations) above.
6.2.2              Our liability to you is limited to direct, foreseeable losses and damages that are caused by our failure to provide the Services as set out in the Terms. To the extent permitted by law, neither we nor our Affiliates shall be liable for any indirect damages, including without limitations any incidental, special, statutory, punitive, or consequential damages. The foregoing means that we will not be not liable for damages relating to, for instance, loss of data, loss of profits or goodwill, computer damage or system failure, or costs for substituting the Services, regardless of whether such claims arise from warranty, contract, tort, product liability or on any other legal basis.
6.2.3              Under no circumstances will our or Affiliates’ liability to you under the Contract, whether in contract, tort or otherwise, exceed the amount paid by you to us for using the Services during the twelve months that preceded the event that gave rise to the claim.

7.                    INTELLECTUAL PROPERTY RIGHTS
7.1                  All intellectual property rights in and to the Services (which for the avoidance of doubt include without limitation the App, the IOT Package and all related software) are the exclusive property of us, our Affiliates or our licensors.
7.2                  Nothing in the Terms grants or shall be construed to grant you a license to

i)               use any image, trademark, service mark or logo, all of which are the property of Nimbus, Affiliates or our partners,
ii)              copy, rent, lease, sub-license, lend, provide, or otherwise make available the Services, in whole or in part, to any third party, except as part of the ordinary use of the Services,
iii)             translate, merge, adapt, vary, alter or modify the Services, or to incorporate or combine the Services into any other program,
iv)             disassemble, decompile, reverse engineer or create derivative works based on the Services, or attempt to do any of the foregoing, or
v)              use the Services to create any software that is similar to the Services.

8.                    PERSONAL AND NON-PERSONAL DATA
8.1                  We will process your personal data as set out in our privacy policy, which you will find here [link to privacy policy].
8.2                  We will process non-personal data to retrieve statistical information about the Services, the Nimbus vessel, its components, and other connected products, with the aim to improve the performance of our and our Affiliates’ services and products. This will include accessing, storing, and compiling information for statistical purposes and to analyse such information and share it with our partners.

9.                    RIGHT OF WITHDRAWAL (CONSUMERS ONLY)
9.1                  If you are a consumer (a natural person not acting as a sole trader, and primarily using the Services outside of business operations) and you have accepted these Terms outside our or our dealer’s premises or online, you have the right to withdraw from or cancel the agreement within 14 days after accepting the Terms, in accordance with the Act on Distance Contracts and Off-Premises Contracts (Sw: lagen om distansavtal och avtal utanför affärslokaler).
9.2                  To exercise your right of withdrawal, you must notify us by sending a clear statement to the e-mail address provided above or by using the standard form provided by the Swedish Consumer Agency (Sw: Konsumentverket).
9.3                  Upon withdrawal, we will reimburse any payments. However, if you have already used the Services, we will deduct a reasonable amount that corresponds to your use of the Services.

10.                 CHANGES TO THE TERMS, THE SERVICES AND PRICES
10.1                We may occasionally make changes these Terms. Changes that are legally advantageous or neutral to you shall take effect immediately. For other changes, we will provide 30 days’ prior notice before such changes take effect. You may be required to accept the changes to continue using the Services.
10.2                You are always entitled to stop using the Services and to terminate the Terms under Section 12 (Termination).
10.3                We may from time to time make changes in the Services and their functionalities, including removing Services in whole or in part.
10.4                We reserve the right to change the fees for Services over time, with 90 days’ prior notice. In addition, we have the right to change the fees for Services at any time due to circumstances outside of our reasonable control, with 60 days’ prior notice. Such circumstances may consist of new or amended legislation, statutes or governmental decisions or taxes (such as changes in the VAT rate) and duties. They may also consist of new or changed charges that affect our costs for providing the Services. If you do not accept such price change, you must notify us before the changes take effect and terminate the Terms. If you do not notify us in time, you will be deemed to have accepted the change.

11.                 THIRD PARTY SERVICES
While using the Services you may at times use services provided by third parties that are not offered by us or our Affiliates. Such third-party services are governed by the terms and conditions of respective third-party providers. We are not responsible for such third-party services.

12.                  TERMINATION
12.1                Unless otherwise set out the Contract, the Contract will enter into effect upon your acceptance and remain in force for a period of twelve months. The Contract will automatically renew for subsequent twelve-month periods unless either party terminates it by giving 30 days written notice before the end of the current term.
12.2                We may terminate the Contract without a notice period if

i)               you are declared bankrupt or go into liquidation,
ii)              you materially breach the Contract (which for the avoidance of doubt include the Terms),
iii)             you withdraw your consent (if applicable) or object to further processing of your personal data, and we cannot reasonably continue the contractual relationship as a result thereof, or
iv)             we discontinue the Services.

12.3                You may terminate the Contract without a notice period as set out in Section 10.
12.4                Upon termination, you may no longer have the right to use the Services. Termination will however not affect provisions which are intended by their nature to survive, such as Sections 6 (Disclaimer and limitation of liability) and 15 (Governing law and jurisdiction).

13.                NOTICES
Any notice under the Contract (e.g. to terminate the Contract, to notify of changes in the Terms etc.) will only be effective if made by e-mail or in in writing. A notice under the Contract shall be deemed delivered if

i)               sent via e-mail: on the day of transmission, or

ii)              if sent via postal services: two days after the date of the postmark, to the following addresses:

To us:          Nimbus Group AB
Att: [Nimbus Connect]
[Box 5152, S-426 05 Västra Frölunda, Sweden]
connectsupport@nimbus.se
To you:        To the e-mail address that you have stated to us.

14.                  MISCELLANEOUS
14.1                Entire agreement
The Contract, including these Terms, constitutes the entire agreement between you and us. It supersedes any other agreement or representation, whether oral or written, between us regarding the Services.
14.2                Severability
If any provision of the Contract or part thereof should become invalid or unenforceable, the other terms of the Contract will remain valid and unaffected.
14.3                Assignments
We reserve the right to assign the Contract, in whole or in part, or any of our rights and obligations under the Contract, to a third-party. We will inform you in the event of such an assignment.
14.4                No waiver
No waiver, whether by us or by you, of the any part of the Contract, or any breach of it, shall be considered as a waiver of any subsequent right, obligation or breach.

15.                  GOVERNING LAW AND JURISDICTION
15.1                The Contract shall be governed by and construed in accordance with the laws of Sweden, excluding International Sale of Goods Act (CISG), without regard to its conflict of law principles.
15.2                Any dispute or claim arising out of or in connection with the Contract shall be settled by the public courts of Sweden (Sw: allmän domstol) with the district court of Gothenburg (Sw: Göteborgs tingsrätt) as the court of first instance.
15.3                If you are a consumer, you may seek dispute resolution through the National Board for Consumer Disputes (Sw: Allmänna Reklamationsnämnden) at https://www.arn.se/.