TERMS OF SERVICE FOR PROVIDERS USING iOS
1. GENERAL AND DEFINITIONS
1.1 These terms and conditions (“Terms”) are an agreement between you as a Provider and peerCast AB (reg. 559014-6873), a company incorporated under the laws of Sweden (“peerCast”). peerCast provides a service named Fliffr, including a web application and mobile applications, with a market place and a communication platform for live services to an online audience. These terms of service shall apply to all Providers using iOS available via the Platform. As a Provider, you must agree to and abide by these terms at all times during the use of the Platform and Fliffr.
“Provider” means an individual or a company providing live services to End-clients through the Platform.
“End-client” means the individual or legal entity that Provider provides live services to.
“Fliffr” means all services provided by peerCast on the Platform or otherwise, including but not limited to communication services and other features available at any time.
“Platform” means the website www.fliffr.com and the iOS mobile application Fliffr.
If you use Fliffr as both a Provider and an End-client, the respective Terms of Services shall apply.
2. ACCEPTANCE OF TERMS
2.1 When you click [“Agree”] during the registration process for an account, you agree to these Terms. peerCast reserves the right to modify these Terms at any time in its sole discretion, and will notify you by e-mail 30 days in advance of any changes taking effect and by posting the updated Terms on the Platform. Your continued use of Fliffr after notification of any changes in the Terms constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use Fliffr.
3. OBLIGATIONS OF THE RESOURCE PROVIDER
3.1 The information Provider submits to peerCast must be accurate, truthful and updated. We reserve the right to verify the information Provider provide as a Provider.
3.2 Provider will at all times provide the live services in accordance with all applicable laws and regulations.
3.3 Use of Fliffr requires a computer or other device including a camera and microphone. It is Provider’s sole responsibility to fulfill all technical requirements, as may be required from time to time, to be able to use the Platform and Fliffr, including, but not limited to, sufficient internet bandwidth and web browser, as well as camera and microphone devices in order to provide live services.
3.4 Provider agrees to keep its account information, such as user name and password secure and confidential to prevent unauthorized access to the account(s) and to prevent unauthorized use of Fliffr. peerCast must be informed as soon as Provider has reason to believe that its access information may have been shared with a third party. Provider will be solely responsible for any disclosure of its access information or use thereof by any unauthorized third party.
3.5 Provider will personally offer the live services using Fliffr and the Platform hereunder.
3.6 Provider will make its information, available to End-clients on the Platform and as part of Fliffr.
3.7 It is Provider’s sole responsibility to ensure that the contact information is current and accurate. This contact information includes, but is not limited to, name, address, phone number, e-mail address, and account numbers. Provider will promptly update and notify peerCast of any change in this information. Provider is solely responsible for any liability or expense resulting from outdated or inaccurate information.
3.8 Provider acknowledges and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, upon Providers acceptance of the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against the Provider as a third party beneficiary thereof.
3.9 Provider warrants that he/she is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that Provider is not listed on any U.S. Government list of prohibited or restricted parties.
4. EXCLUSIVE USE OF FLIFFR
4.1 For clients acquired through Fliffr, Provider agrees to exclusively use Fliffr and the Platform for live services. When providing live services, Provider agrees to solely use Fliffr. Provider may not use Fliffr with the objective of recruiting new clients for physical or telephone meetings.
5. PRIVACY REGULATIONS
5.1 Provider agrees to abide by the Swedish Data Protection Act (1998:204) and the Patient Data Act (2008:355), and such legislation succeeding these acts, as may be applicable to Provider’s use of the Platform and Fliffr. Provider ensures that it will keep personal data protected. Further, Provider acknowledges, agrees and indemnifies peerCast from all claims and liabilities arising out of Provider’s failure to have the End-client consent to Provider’s use of personal data and/or any omissions or errors in any personal data processed and stored by Provider and provided through Fliffr.
5.2 Provider represents and warrants that it will maintain the confidentiality of End-client personal information and shall only use End-client personal information or the healthcare and personal information of End-clients as permitted in the Terms of Service and consistent with privacy laws.
6. PAYMENT INFORMATION AND FEES
6.1 Provider will forward all necessary payment instructions to such third party as appointed by peerCast as payment service provider. A fixed fee and additional charges for Fliffr, and a third party appointed by peerCast, will be deducted as stated on the Platform or in email prior to payments to Provider.
6.2 Provider agrees to be responsible for any telephone charges and/or internet service fees that may arise from Provider’s use of Fliffr.
7. SERVICE INTERRUPTIONS
7.1 peerCast may revise, discontinue, or otherwise modify, temporarily or permanently, Fliffr or any part thereof (including, without limitation, the Platform, this Terms of Service, the scope of Fliffr, and any materials related to Fliffr), or Provider’s access thereto. Without limiting the foregoing, peerCast reserves the right at any time to terminate these Terms of Service as to all prior versions of Fliffr and/or related materials and limit access to our more recent versions and updates.
7.2 Provider may choose to accept or decline our changes by closing, continuing or discontinuing use of Fliffr to which these changes relate. Provider’s use of Fliffr after peerCast makes any changes will constitute Provider’s agreement to such changes and the then current version of this Terms of Service as posted on the Platform.
7.3 peerCast may, from time to time perform maintenance upon Fliffr or experience hardware, software or other problems related to Fliffr, resulting in interrupted service, delays or errors in Fliffr. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
7.4 peerCast may provide support to you as stated on the Platform. Apple Inc. will not provide any support.
8. INDEPENDENT CONTRACTORS
8.1 The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
9.1 These Terms of Service is personal to Provider, who may not assign its obligations or rights to use Fliffr to any other party. peerCast expressly reserve the right to assign this Terms of Service and to delegate any of its obligations hereunder, under our sole discretion and without Provider’s consent. We may also assign or delegate certain of our rights and responsibilities under these Terms of Service to independent contractors or other third parties.
10. ACCESS DENIAL AND TERMINATION
10.1 peerCast reserves the right to terminate these Terms of Service and Provider’s access to Fliffr, in whole or in part, at any time and for any reason. Provider’s contact information may be removed and the participation may be terminated without prior notification if peerCast believes that Provider is in breach of any of the obligations in these Terms of Service, or if there is reason to believe that Provider’s access information may be used by an unauthorized party.
11. LIMITATION OF LIABILITY
11.1 peerCast cannot and will not assume any responsibility for or control over the advice Provider offers through the Platform and Fliffr, and peerCast recommends that Provider enters into written agreements with the End-clients regarding live service sessions. It shall at all times remain Provider’s full responsibility. Further, use of the Platform and Fliffr is at Provider’s own risk.
11.2 Provider acknowledges and agrees that neither peerCast nor any third party will be liable if End-client does not pay, regardless of the reason, for Provider’s live service.
11.3 Provider acknowledges and agrees that peerCast is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Provider’s information, End-client personal information, other data provided by End-client, or any other data or information provided or received through the Platform or Fliffr, (ii) the results that may be obtained from the use of the Platform or Fliffr, (iii) the provision of Provider’s services, or (iv) the cancelling or rescheduling of any appointment booked through the Platform or Fliffr by any End-client.
11.4 Provider agrees to hold peerCast harmless in the event information stored in the peerCast system is required to be disclosed by law, or is accidentally or maliciously obtained by a third party. While peerCast takes measures to back-up the information stored on the Platform, Provider agrees to hold peerCast harmless for any loss of data or information stored in the system. Provider also agrees to indemnify and hold peerCast harmless for any damages Provider incurs by using Fliffr.
11.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEERCAST IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF PROVIDER’S ACCESS TO OR USE OF FLIFFR, OR THE INABILITY TO ACCESS OR USE THE PLATFORM OR FLIFFR, WHETHER CAUSED BY PEERCAST OR A THIRD PARTY. IN NO EVENT SHALL PEERCAST’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF 5000 SEK. PEERCAST EXPRESSLY EXCLUDE ANY AND ALL LIABILITY TO ANY THIRD PARTY.
11.6 WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, FLIFFR AND THE PLATFORM ARE PROVIDED TO PROVIDER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE FLIFFR MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, FLIFFR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11.7 IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE SOFTWARE INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, PEERCAST, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENCE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
11.8 APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER OR OBLIGATION TO PAY DAMAGE UNDER THE TERMS.
12.1 Provider will defend, indemnify and hold peerCast harmless from any and all claims, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to Provider’s use of Fliffr or the Platform.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Any dispute arising from Provider’s use of the Platform and Fliffr, or arising from the Terms of Service or the breach of the Terms of Service shall be governed by the laws of Sweden.
13.2 Provider agrees that any dispute, controversy or disagreement arising out of or relating to this Terms of Service, the breach thereof, or the subject matter thereof, shall be settled exclusively by Swedish courts, with the Stockholm District Court (Stockholms tingsrätt) as the court of first instance.
If you have any questions regarding these Terms, or any question, complaint or claim with respect to the software, please contact us at:
111 36 Stockholm
If our help was not satisfactory, you can get assistance via the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show