Terms of Service. dfai.se

Software and Services Agreement of DFAI AB

User Notice: You must carefully read this agreement before installing the software. By copying, installing, or using any software (the "Software") in whole or in part, you accept all the terms of this agreement. You agree that this agreement has the same legal effect as any written agreement signed by you. This agreement is binding on you and on any legal entity that has obtained and uses the software on your behalf, such as your employer.

This agreement (hereinafter "Agreement") is between you and DFAI AB (hereinafter "DFAI") and concerns your use of DFAI's software and services (hereinafter "Software and Services"). The terms of this agreement also apply to any updates, enhancements, and internet services provided by DFAI. If there are any additional terms, they may also apply. Before using the Software and Services, review this Agreement thoroughly. This is a legally binding contract between you and DFAI. By clicking the "I Agree" or "Yes" button, using the service, or installing the Software, you agree to the terms of this Agreement. If you do not agree to these terms, you may not use the Software.

The Software is designed to track task performance using a smartphone or personal computer (PC). It consists of client software installed on your smartphone/PC, which uses internet traffic to send data to DFAI servers for analysis.

With our Software, you can monitor the performance of various tasks using a smartphone or PC that you own (or which is legally owned by you). The Software retains records of user activity on the smartphone/PC for a specified period. This may include all data logged in the Job Performance program: text typed from the keyboard, coordinates, audio, photos, and video. All this data constitutes an "Activity Log." We provide a web resource that allows you to store all data on our server as an "Activity Log." To use the "Activity Log," the user must create an account on the web resource data.dfai.se, and the Software must be configured to send the "Activity Log" to this site.

Software, Services, Installation, and Use

DFAI grants you a non-exclusive, non-transferable license to use the binary version of the Software and access our internet services solely for your personal use and in full compliance with the terms of this Agreement for the service period specified below. You may install one copy of the Software on each smartphone or personal computer that you have in your home or business, each of which will be referred to as a licensed computer.

You are obliged to provide DFAI with accurate and truthful information during registration, including your name, address, phone number, and email address. You must also keep your registration information current during the service period specified below.

DFAI reserves the right to make changes at any time to improve the user experience. You understand and agree that the form and content of the Software and Services may change without prior notice. Furthermore, DFAI may temporarily or permanently discontinue providing services (or any of their features) at its discretion without prior notice. You may stop using DFAI's Software and Services at any time. You do not need to notify DFAI about the cessation of use of the Software and Services. DFAI may restrict the use of the Software and Services or limit their availability for maintenance without notice or liability.

Internet Services

DFAI includes internet services as an integral part of the Software and Services. You are not entitled to use the Software or internet services in any manner that may cause harm to them or diminish the quality of these services for other users. You must not use these services to gain unauthorized access to any service, data, account, or network. The services and Software may be used solely for the purpose of enhancing productivity and documenting the execution of work tasks. You are not entitled to use the services and Software as part of any criminal activity or wrongdoing.

Service Period

The service period for free services will commence upon your provision of registration information and will continue until you cease usage or until DFAI ceases to provide the services.

The service period for paid Software and services will begin from the date of purchase and will continue for the duration specified in the documentation from the authorized reseller from whom you purchased the service. Upon expiration or termination of the paid service period, if it is not renewed at the listed price, the paid services may be automatically terminated, and you will be able to use the free version of the Software and Services.

Payments and Refunds

Payments and billing are handled by trusted e-commerce providers chosen by DFAI (ShareIt, RegNow, etc.). These providers have their own "privacy policies," "terms of service," and "return policies." DFAI offers a full refund option within 15 days. Within 15 days of purchase, you may cancel it (subject to the e-commerce return rules and fees). To cancel a purchase, log into your account, go to the support section, and select "Payments" in the feedback form.

Scope of License

The Software is licensed, not sold. DFAI retains all rights, title, and interest in the Software and Services, including all intellectual property rights. You acquire no rights to the Software and Services other than those explicitly stated in this Agreement. You may not distribute, sublicense, rent, or transfer the Software, or use it other than as permitted by this Agreement. You agree not to reverse-engineer, disassemble, decompile, or take any other action intended to bypass the Software protection mechanisms or extract the source code, except as permitted by law (with written consent from DFAI).

You may not use the Software or internet services to upload, transmit, or communicate any data, information, materials, or content to DFAI or any third party, except as necessary for the normal use of the Software and Services. You also agree not to use the Software and Services for any illegal or unlawful purpose. Additionally, you agree that your use of the Software and Services will comply with the local laws applicable to you and will not violate any mandatory provisions of Swedish law.

Data Collection and Protection

The Software and Services may periodically collect certain information from your smartphone/PC. This information may include:

- Information about whether the Software installation was successful. This information helps DFAI assess the installation’s success and is used to improve product installations. Data will not be associated with any identifiable information.

- The name assigned to the smartphone/PC during initial setup. This name may be used by DFAI as the account name to access additional Software services and features.

- Aggregate statistical data used for product administration and analysis, as well as improving its functionality. This data is also not tied to identifiable information.

- Various information related to the operation of the Software, including passwords, logins, usernames, images, recordings, video and audio files, phone numbers, accounts, codes, addresses (including email), data about the time and frequency of visits to certain resources, information about the use of the smartphone/PC, and any other personal, confidential, or private information. All this information may inadvertently appear in text, photos, audio, and video captured by the user through the Job Performance program.

DFAI may disclose collected information in response to legal requirements or law enforcement inquiries, as well as in other scenarios permitted by law. To raise awareness and prevent online security risks, DFAI may share anonymous information with research organizations and other software providers for security assurance. DFAI may also utilize statistics to track and publish reports on security trends. By using the Software, you agree that DFAI may collect, transmit, store, and analyze such data.

You must also consider data protection legislation in your country or region applicable to your use of our product (Software). According to the law, as the data owner, you may be required to obtain written consent from individuals whose personal data is involved, such as your spouse or adult children if you are using our product (Software) at home, or employees of your company if the product is used within the company. Ensure that such individuals are aware that they are using a PC owned by you (or your company) and that all processed information also belongs to you (or your company).

In such cases, you must inform them that the use of the PC is limited to their work responsibilities.

Make efforts to de-identify collected data and/or maintain the confidentiality of the relevant individuals whenever possible.

To protect personal data while using our Software, you must take necessary organizational and technical measures to safeguard data against unauthorized access, destruction, alteration, blocking, copying, and dissemination of personal information, as well as against other unlawful actions.

In any situation, remember that we provide you with the Software (product), and you are the user of this Software, thus acting as a data processor at your own risk and responsibility. Your use of the Software must comply with and satisfy applicable data protection legislation.

Technical Support

DFAI is not obligated to provide technical support or maintenance for the Software or Services. However, certain options for technical support may be offered. Should you choose to avail yourself of such support, keep in mind that it is provided at DFAI's discretion and without guarantees. You are responsible for backing up all your data, Software, and files before seeking support. DFAI reserves the right to refuse, suspend, or terminate any of the services provided at its discretion and without explanation.

The service period for free internet services will begin upon your provision of registration information and will last until you cease usage or until DFAI ceases to provide the services.

The service period for paid internet services will begin from the date of purchase and will remain in effect for the duration specified in the associated documentation from DFAI.

Disclaimer of Warranty

The Software and Services are provided "as-is" and "as available." DFAI disclaims all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. To the extent permitted by law, DFAI shall not be liable for any direct, indirect, special, incidental, punitive, or consequential damages resulting from the use of this license, even if DFAI has been advised of the possibility of such damages.

In light of the necessity of complying with data protection legislation, you must:

a) Install and/or use the Software and Services only on smartphones/personal computers (or other devices) that are owned by you to control the usage of your equipment;

b) Notify the legal user about the purposes and data collection related to the use of your smartphone/PC, ensuring that there is a notification on the smartphone/PC indicating that it is used solely in accordance with its intended purpose;

c) Take all measures for the complete identification of any potential user to comply with this condition; if user identification is impossible, you must prohibit the use of the PC or the installation of the Software;

d) Inform users that the use of the smartphone/PC (with Software) is permitted only for its intended use, in compliance with legal norms that prohibit the processing of personal information; if the legal user is a minor, the Software may only be used if you are their legal representative; otherwise, you must inform the legal representative;

e) Not use information obtained through the Software to the detriment of the user or any third parties who may be related to the information obtained;

f) Not use the Software for your own benefit or in a manner that is contrary to the law, even if the Software's design allows for it, and you must respect the rights and legal interests of third parties, including their rights to personal data protection.

Limited Rights of the Government of Sweden

The Software qualifies as commercial software as defined in the Swedish Copyright Act and the General Data Protection Regulation (GDPR). Any use, modification, reproduction, publication, or disclosure of the Software by the Government of Sweden is performed only in accordance with the terms of this Agreement and the applicable laws of Sweden.

You must independently disclose any restrictions on the installation or use of the Software in accordance with applicable law and comply with the requirements of all international, national, state, regional, and local laws. By downloading, installing, or using the Software or Services, you agree to the above and to all applicable export and import control laws. You also warrant that you are not under any restrictions, and you are not a citizen or resident of any country subject to said restrictions. Information regarding export laws contained in this document may be incomplete.

General Terms

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its principles of conflict of laws. Any legal actions related to this Agreement must be initiated in Sweden or in the country where the user is located, or in the country of the violation, at the discretion of DFAI. Both DFAI and you agree to submit to the jurisdiction of the Swedish courts. You may not export the Software or any of its derivative products in violation of export control laws or other applicable legislation. If any provision of this Agreement is found to be invalid, the validity of the remaining provisions shall not be affected. Any amendment to this Agreement shall be binding only if made in writing and signed by both parties. A waiver of any breach or default under this Agreement shall not be construed as a waiver of any other breach or default.