1. Acceptance of Terms

By accessing or using TeamPulse ("Services"), provided by AES Tech AB (Org Number: 559507-2157) ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

2. Definitions

For the purposes of these Terms:

• "Account" means a unique account created for you to access our Services or parts of our Services.
• "Content" refers to any information, data, text, graphics, or other materials uploaded, downloaded, or appearing on the Services.
• "Company", "we", "us", or "our" refers to AES Tech AB (Org Number: 559507-2157), the owner and operator of TeamPulse.
• "Services" refers to the TeamPulse platform and any related services provided by the Company.
• "User" means any individual or entity that accesses or uses the Services.
• "Subscription" refers to the paid plans offered by the Company, including their associated fees and billing cycles.
• "Third-Party Services" refers to services provided by external companies (e.g., GitHub, Slack) that integrate with the Services.

3. Description of Services

TeamPulse is a Software as a Service (SaaS) platform that provides engineering teams with productivity insights, team health monitoring, and actionable recommendations through integrations with GitHub and Slack.

4. Account Registration

• Eligibility: You must be at least 16 years old to use our Services. If you are under 18, you represent that you have the consent of a parent or guardian.
• Account Information: You agree to provide accurate and complete information during registration and to keep this information up-to-date.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.

5. Subscription and Payment Terms

5.1 Free Trial

We offer a free trial period during which you can use the Services without charge. The duration of the free trial will be specified at the time of sign-up.

5.2 Paid Plans

• Billing: Subscription fees are billed in advance on a monthly or annual basis, as selected by you. Payments are processed through our third-party payment processor, Stripe.
• Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for the same period at the then-current rate.
• Cancellation: You may cancel your subscription at any time through your Account settings. Upon cancellation:
  • Immediate Termination: You can request immediate termination with a refund for the unused portion of your subscription period.
  • End-of-Period Termination: If you choose to continue using the Services until the end of your subscription period, you will not be charged further, but no refund will be provided for the remaining period.
• Refunds: Refunds for unused subscription periods are processed at our discretion and are subject to our refund policy. Refunds will not be issued for partial months of service or unused features. Please contact support to request a refund.

6. User Responsibilities and Acceptable Use

You agree to use the Services responsibly and comply with all applicable laws and regulations. Prohibited activities include, but are not limited to:

• Unauthorized Access: Attempting to access or tamper with non-public areas of the Services or our systems.
• Disruption: Interfering with the access or use of the Services by others.
• Misuse of Integrations: Using the Services in a manner that violates the terms of service of Third-Party Services like GitHub or Slack.
• Illegal Activities: Engaging in activities that are unlawful, harmful, or fraudulent.
• Harassment: Engaging in any form of harassment, discrimination, or abusive behavior.
• Intellectual Property Infringement: Uploading or sharing Content that infringes on the intellectual property rights of others.
• Malware Distribution: Transmitting viruses, malware, or any other harmful code.

7. Intellectual Property Rights

• Our Rights: We own all rights, title, and interest in and to the Services, including all intellectual property rights.
• Limited License: We grant you a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms. You agree not to:
  • Modify, copy, or create derivative works based on the Services.
  • Reverse engineer or attempt to extract the source code of the Services.
  • Rent, lease, or sublicense the Services to third parties.
• Trademarks: All trademarks, service marks, and trade names associated with the Services are owned by the Company or their respective owners.
• Feedback: Any feedback, comments, or suggestions you may provide regarding the Services are entirely voluntary, and we will be free to use such feedback without any obligation to you.

8. Third-Party Links and Content

Our Services may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or opinions expressed in such websites or resources. Accessing them is at your own risk.

9. Modification of Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

10. Data Ownership and Protection

Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

• User Data Ownership: You retain all rights and ownership over your data. We claim no ownership over any data, information, or material that you submit while using the Services.
• Data Use Consent: By using the Services, you grant us permission to process your data solely for the purpose of providing and improving the Services.
• Data Protection: We implement robust security measures to protect your data, as detailed in our Privacy Policy.

11. Service Availability and Reliability

We are committed to providing reliable and uninterrupted access to our Services:

• High Availability: Leveraging our robust cloud infrastructure, we ensure high availability and performance.
• Maintenance and Updates: We may perform scheduled maintenance, during which the Services may be temporarily unavailable. We will strive to provide advance notice and conduct maintenance during off-peak hours.
• Third-Party Services: We are not responsible for any issues arising from Third-Party Services like GitHub or Slack. Any downtime or malfunctions of these services may impact the availability and functionality of our Services.
• Disaster Recovery: We have comprehensive disaster recovery and business continuity plans to maintain service availability even in adverse conditions.

12. Disclaimer of Warranties

• As-Is Basis: The Services are provided on an "as-is" and "as-available" basis.
• No Warranty: We make no warranties or representations regarding the accuracy, reliability, or completeness of the Services.
• Compliance: While we strive to maintain compliance with all applicable laws and regulations, we cannot guarantee that your use of the Services will meet any specific compliance requirements.
• Consumer Rights: Nothing in these Terms is intended to exclude or limit any statutory rights that cannot be excluded or limited under applicable law.

13. Limitation of Liability

To the maximum extent permitted by law:

• Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.
• Total Liability: Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you have paid us in the last twelve months.
• Exclusions: Certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless AES Tech AB, its affiliates, officers, directors, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

15. Termination

15.1 By You

You may terminate this agreement at any time by deleting your Account and ceasing all use of the Services.

15.2 By Us

We may suspend or terminate your access to the Services if:

• You violate these Terms.
• You engage in misuse of the platform or illegal activities.
• We are required to do so by law.
• Your account remains inactive for twelve (12) consecutive months.

15.3 Effect of Termination

Upon termination:

• Access Rights: Your right to access and use the Services will immediately cease.
• Data Deletion: We will delete your data in accordance with our Privacy Policy.

16. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of Sweden, without regard to its conflict of law principles.

16.1 Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email.

16.2 Arbitration

If a dispute is not resolved within 30 days of submission, either party may initiate binding arbitration in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration will be conducted in Stockholm, Sweden, and the language of arbitration shall be Swedish.

The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

By agreeing to these Terms, you waive your right to participate in a class action lawsuit or class-wide arbitration against the Company.

17. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure results from causes beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Assignment

We may assign or transfer our rights and obligations under these Terms to another entity. You may not assign your rights or obligations without our prior written consent. Any attempted assignment in violation of this section will be null and void.

19. Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display such Feedback for any purpose.

20. Miscellaneous

20.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and AES Tech AB regarding the Services and supersede all prior agreements.

20.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20.4 Non-Exclusive Rights

All rights granted to you under these Terms are non-exclusive and non-transferable.

21. Contact Information

If you have any questions about these Terms or need assistance with your Account, please contact us at:

TeamPulse Support
Email: [email protected]

Legal Notices: All legal notices should be sent to:
Email: [email protected]

For matters relating to data privacy, please refer to our Privacy Policy for detailed contact information.