End Use License Agreement.

IMPORTANT - READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU (THE PERSON, THE LEGAL ENTITY OR THE ORGANIZATION) ACCEPT THE SOFTWARE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (THE “AGREEMENT”). READ IT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.

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1. Definitions

“Application” means the software provided by Twiceme Technology AB (“Twiceme Technology”) to be used on devices with NFC hardware, including any upgrades or modifications thereof provided from time to time, which enables the use of the Application.

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“Documentation” means any manuals and supporting documentation in electronic form provided by Twiceme Technology.

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“Twiceme Concept” is a concept developed by Twiceme Technology that allows you to upload personal data and other information from a near field communication (“NFC”) enabled smartphone, using the Application, to a physical device (“Twiceme Hardware”) that is marked with the Twiceme trademark (the “Twiceme Brand”).

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“Work Related Documents” means any document that can be used in order to prove that you have completed an education, a training or a course. 

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2. The Service

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Subject to your compliance with this Agreement, Twiceme Technology will make the Application and Documentation available to you “as-is” and “as-available”, pursuant to the terms of this Agreement. 

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The Application is available to hand-held mobile devices running compatible operating systems. In order to use the Application, you are required to have a compatible mobile phone or hand-held device with NFC hardware/software and you are responsible for running updated software as well as updated versions of the Application to ensure functionality and availability.

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In case you use a mobile provider to access and download the Application you acknowledge and agree that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will apply when downloading the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while downloading the Application and you accept responsibility for any such third-party charges that arise.

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TWICEME TECHNOLOGY DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER, REGARDLESS OF THE CAUSE, FOR ANY UNAVAILABILITY OF THE APPLICATION, OR ANY DIFFICULTY OR INABILITY TO ACCESS CONTENT, OR ANY OTHER COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE APPLICATION NOT HAVING FULL FUNCTIONALITY.  

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YOU ACKNOWLEDGE AND AGREE THAT UNAVAILABILITY AND/OR LOSS OF FUNCTIONALITY CAN CAUSE THE APPLICATION TO FAIL IN ITS ENTIRE PURPOSE, FOR EXAMPLE MAKING IT IMPOSSIBLE TO TRANSFER DATA OR FOR A THIRD-PARTY TO ACCESS DATA FROM THE APPLICATION, AND YOU TAKE THE ENTIRE RISK AND FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ANY CONSEQUENCES THEREOF. 

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Twiceme Technology may, in its sole discretion, upgrade the Application from time to time in order to add, remove or change functionality of the Application. 

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3. Conditions of use

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You will not, and will not permit any third party to: (a) sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part the Application or Documentation to any third party, (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Application, in whole or in part, (c) copy the Application or Documentation, (d) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Application; (e) translate, modify or create derivative works based upon the Application, (f) remove any product identification, proprietary, copyright or other notices contained in the Application, or (g) operate the Application on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party.

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The Application is currently made available to you free of charge for your personal use. Twiceme Technology reserves the right to amend or withdraw the Application or charge for the Application or service provided to you, at any time and for any reason.

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4. Ownership and license grant 

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The Application and Documentation, all copies and portions thereof, and all improvements, enhancements, modifications and derivative works thereof, are and shall remain the sole and exclusive property of Twiceme Technology and its licensors, including any and all Intellectual Property Rights therein. Your right to use the Application and Documentation shall be limited to those expressly granted in this Agreement. No other rights with respect to the Application or Documentation, or any related Intellectual Property Rights are implied and you are not authorized to use the Application, Documentation or any portion thereof except as expressly stated in this Agreement. 

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Subject to your compliance with the Agreement, Twiceme Technology hereby grants you a worldwide, non-exclusive, royalty-free, limited and revocable license to use the Application and Documentation, in executable form only, for your personal use in accordance with these Terms and Conditions. 

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5. Disclaimer
   
   

THE APPLICATION AND DOCUMENTATION ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, AND THE COMPANY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, AND TWICEME TECHNOLOGY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  

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6. Personal Data 

Monitoring of the use of the Application

Twiceme Technology will monitor your use of the Application in a strictly anonymous and aggregated manner, meaning no data will be stored that can identify you directly or indirectly with the purpose of making the Application more user friendly. Twiceme Technology may also share the anonymised data of your usage of the Application and/or insights gained from it with its partners in order to help them to further develop and produce better equipment. 

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The storage of Medical Data through the Twiceme Concept

You may choose to upload personal health information, such as medical conditions, allergies, current medications, medical history, identifiable physical traits (e.g., eye colour, height, weight), religion, insurance details, or other health-related data (“Medical Data”). The Medical Data is uploaded via the Application and stored locally on the Twiceme Hardware. The purpose is to make the data accessible in emergency situations via any NFC-enabled smartphone.

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‍Importantly, all Medical Data uploaded through the Twiceme Concept is only stored locally on the Twiceme Hardware and in the Application. Twiceme Technology does not collect, access, store, or otherwise handle Medical Data in any way. Twiceme Technology has no ability to view or manage the Medical Data that is uploaded through the Twiceme Concept. 

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Uploaded personal data 

You are solely responsible for the personal data you upload and for ensuring that such processing complies with applicable data protection laws. Twiceme Technology assumes no responsibility for the accuracy, legality, or consequences of uploading or sharing such data. The information stored on the Twiceme Hardware can be accessed by any NFC-enabled smartphone that is brought into close proximity to the device. You acknowledge this access method is intentionally designed to assist emergency responders

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You are at all times responsible for all data uploaded through the Twiceme Concept. Uploading personal data concerning a minor (under 18 years of age) must always be done in the presence or under the supervision of a legal guardian, who will remain responsible for the accuracy and legality of the uploaded information.

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Twiceme Technology can never be held responsible for (i) any incorrect data submitted by you, or (ii) the transfer, or non-transfer, of data from the Application to another person or user. 

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You acknowledge and agree that by uploading information to the Twiceme Hardware, it can be accessed by anyone using an NFC-enabled smartphone in physical proximity to the Twiceme Brand – without authentication. This feature is intended to support emergency responders and others who may need rapid access to vital information. Once the information is scanned it can be transferred to a third party by copying, sending via text message, or through any other electronic means.

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Twiceme Technology’s processing of personal data 

All your personal data, with the exception of Medical Data, that is uploaded through the Application or when you interact with Twiceme Technology in any other way, for instance when we communicate with you, when we ask you to authenticate your account or, if you chose so, to provide location sharing functionality with your selected friends, will be processed in accordance with Twiceme Technology Privacy Notice. The processing will be based on different legal bases depending on the purpose of the processing and it will be retained for different time periods depending on the purpose. For more information and full description of how Twiceme Technology processes your personal information, please see our Privacy Notice. 

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7. Consent to the processing of certain personal data

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By creating an account you give Twiceme Technology your explicit consent to process your data in order to either authenticate your identity or provide you with the functionalities of the selected feature. 

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You may withdraw your consent at any time by either terminating your account or contacting Twiceme support, without affecting the lawfulness of processing based on consent before its withdrawal. 

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Using the Application in the context of your employment

If you are using the Application in the context of your employment, please note that this consent is not a valid legal basis for the processing of your personal data. In such cases, the processing will instead rely on the legitimate interests of your employer or Twiceme Technology, as applicable. These interests include ensuring the functionality, security, and emergency-readiness of Twiceme-enabled equipment and services.

If you are uncertain whether you are interacting with Twiceme Technology as an individual or as part of your employment, please contact your employer or Twiceme for clarification.

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8. Uploading of Work Related Documents

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Twiceme Technology offers you as a user the Service the possibility to upload a Work Related Document to the Application that can be used to e.g. ensure that you have the proper certifications for a specific job.

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You as a user will be offered to upload the Work Related Document to the Application on your own accord to the Service and you will do this at your own risk. Twiceme Technology can never be held responsible for (i) any incorrect Work Related Document uploaded by you, or (ii) the transfer, or non-transfer, of information from the Application to another person or user.

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You must not upload anything:

• That is illegal, misleading, discriminatory or fraudulent (or assists anyone else in using our products in such a way).
• That you do not own or have the necessary rights to share.
• Which infringes or violates the rights of another person, including the intellectual property rights of others (for example, infringing another person's copyright or trademark, or distributing counterfeits and pirated copies). This is subject to any exceptions or limitations that apply under applicable law.

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You may not upload viruses or malware or do anything else that may disable, overburden, interfere with, or inhibit the proper functioning, integrity, operation or character of our Service or the product in which it is applied.

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9. Limitation of liability
   
   

Twiceme Technology shall not be liable for any direct damages or losses relating to the breach of the Agreement, provided that the damage has not been caused by Twiceme Technology’s willful misconduct or gross negligence. In no event will Twiceme Technology be liable for any indirect damages or losses, including but not limited to loss of profits, loss business opportunities, loss of use, loss of revenue, loss of goodwill, business interruption, loss of data, or any other indirect, incidental, punitive, special or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise. The foregoing limitations shall apply regardless of whether you have been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose. 

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For the avoidance of doubt, Twiceme Technology is not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment and hand-held mobile devices, as a result of the installation or use of the Application.

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10. Force Majeure 

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Twiceme Technology shall never be held liable for any failure or delay in performance under this Agreement for causes beyond Twiceme Technology’s reasonable control, including but not limited to, war, pandemic, or natural disaster (a “Force Majeure Event”).

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11. Export Control 

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You acknowledge that the Application is of Swedish origin, is provided subject to the Swedish and U.S. Export Administration Regulations and may be subject to the export control laws of other countries, and that diversion contrary to applicable export control laws is prohibited. You represent that (1) you are not, and are not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which Sweden and/or U.S.  has prohibited export transactions, or (b) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List, and (2) you will not permit the Application to be used for, any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. 

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The Application and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Application and documentation by the U.S. Government shall be governed solely by the terms and conditions of this Agreement.  

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12. Governing Law and Jurisdiction

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This Agreement and any dispute or claim arising out of or in relation to or in connection with it is governed by, and will be construed in accordance with, Swedish law, without regard to the conflicts of laws provisions therein, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. 

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Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). 

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The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

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The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish.

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13. Termination

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Twiceme Technology may terminate this Agreement and the provisioning of updates and support of the Application in its sole discretion, at any time and without giving notice.

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14. Assignment 

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Twiceme Technology has the right to fully or partly transfer or assign its rights and obligations under this Agreement without your prior consent.

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15. Entire Agreement

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This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous or contemporaneous communications, representations, proposals, commitments, understandings and agreements, whether written or oral, between the parties. This Agreement may be amended by Twiceme Technology from time to time without giving notice. 

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