These Terms of Service (“Terms”) constitute a legally binding agreement between Myrspoven AB, corporate ID number 559123-4736 (“Myrspoven”) and the entity or person (“Customer”) accessing the Myrspoven optimization platform. This includes the myCoreAI service, myPortal, and Myrspoven BackOffice.
1. User Representations and Authority
By accessing the Service, you represent and warrant that:
- You have the legal capacity and authority to bind the Customer to these Terms.
- All registration and building information you provide is true, accurate, and current.
- You will maintain the accuracy of such information and promptly update it as necessary.
- Your use of the Service does not violate any applicable law or regulation.
2. Right of Use and Intellectual Property
- Grant of License: The Customer is granted a non-transferable and non-exclusive right to use Myrspoven’s software on the terms described herein.
- Ownership: Myrspoven owns the brand name, software, and all associated rights, including know-how, copyright, and trademark rights.
- Restrictions: No provision in these Terms grants the Customer the right to transfer any rights to the software or Right of Use.
- Enforcement: Unauthorized use or copying constitutes an unlawful infringement and may lead to liability under applicable law.
3. Prohibited Technical Activities
To protect the integrity of the Service and comply with ISO 27001 security standards, the Customer shall not:
- Systematically retrieve data or other content from the Service to create or compile a database or directory without written permission.
- Trick, defraud, or mislead Myrspoven or other users, especially in any attempt to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Service.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Service.
4. Customer Operational Obligations
- System Access: The Customer must provide reasonable access to building control systems, including VPNs and user account setups.
- Data Provision: The Customer shall provide additional information like energy statistics, floor plans and others required for the Service to function optimally.
- Insurance: The Customer undertakes to maintain customary and necessary insurance for the Buildings throughout the period of the use of the Service.
- Compliance: The Service may only be used for legal purposes, and the Customer must comply with all instructions provided by Myrspoven.
5. Data Governance and Information Security
- Data Ownership: All data collected relating to the Buildings is owned by the Customer.
- Usage Rights: Myrspoven has the right to utilize collected data during the use of the Service and for up to six (6) months after termination, if not differently agreed in the customer and project agreement.
- Anonymization: Myrspoven may only disseminate building data in an anonymized format.
- Cloud Infrastructure: Myrspoven utilizes secure cloud services for processing and storage, to which the Customer consents.
6. Service Availability and Support
- Uptime: Access to the interface is provided 24/7 to enable system operation and manual shutdown.
- Maintenance: Myrspoven may perform planned or unplanned shutdowns for essential maintenance. Myrspoven will make reasonable efforts to minimize downtime.
- Support: Standard customer service is available on weekdays during office hours (08:00–17:00 CET).
7. Confidentiality
- Non-Disclosure: Parties shall not disclose commercial or professional secrets to third parties without written consent.
- Survival: This obligation applies throughout the use of the Service and for five (5) years after it has ceased to apply.
8. Limitation of Liability
- “As-Is” Delivery: The Service is delivered in an “as-is” condition. While Myrspoven guarantees the Service will function primarily as agreed, it does not warrant that the Service is entirely fault-free.
- Direct Losses: Myrspoven’s liability is described by each individual customer and project contract.
- Liability Cap: The total aggregate liability for any individual building is described by each individual customer and project contract.
9. Term and Termination
- Notice Period: The Customer may terminate the service agreement as described by each individual customer and project contract.
10. Electronic Communications and Miscellaneous
- Electronic Notices: Visiting the Service, sending emails, and completing online forms constitute electronic communications.
- Consent: You consent to receive electronic communications and agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communication be in writing.
- Severability: If any provision of these Terms is determined to be unlawful or void, that provision is deemed severable and does not affect the validity of remaining provisions.
- No Waiver: Failure to exercise or enforce any right or provision shall not operate as a waiver of such right.
11. Governing Law
The Terms of Service are governed by law as described by each individual customer and project contract. Any disputes arising shall be settled by a court of general jurisdiction, if not described differently by each individual customer and project contract.
Contact Information
For legal notices or technical inquiries: