TERMS & CONDITIONS

1. General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Emoco Labs AB, 559117-7596, hereinafter referred to as “Emoco”, "us" or ”we”, at the Emoco website, mobile website, or mobile application, or via telephone (jointly referred to as ”emoco.com”).

By using emoco.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.

Only persons 18 years or older, who are not under guardianship, can place an order.

The inclusion of any products or services on emoco.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on emoco.com at the time you place your order.

Emoco want to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the emoco.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.

2. Prices and delivery charges

The prices displayed emoco.com include the statutory Value Added Tax but do not include a delivery charge.

Our pricing and payment terms are available at Emoco.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

We will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Emoco will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears.

The cost for the delivery depends on the size of the items and can be viewed in the cart after delivery address has been filled in.

3. Ordering/conclusion of contract

The ordering options available to you are via emoco.com.

Once you have placed your order you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, an Emoco representative will contact you to settle the refund.

4. Delivery of items

Emoco exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to an address in the list of enabled countries at the checkout screen, in accordance with your selected delivery option.

Emoco endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within the delivery time stated in the checkout page following confirmation of an order, unless otherwise agreed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events.

Before you place your order, you will be informed of the expected delivery details and the cost for the shipping. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.

If your order does not arrive by the scheduled date, please contact Customer Service .

5. Withdrawal of Order

You may cancel or return your order from the date you place the order until 28 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund which not will include Emoco's standard delivery costs.

It is your responsibility to properly cancel your Subscription with Emoco. You can cancel your Subscription at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Subscription is cancelled. Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

Emoco has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Emoco reserves the right to refuse service to anyone for any reason at any time.

If you wish to cancel or return your order, please provide us with notice in writing either by post, preferably by using the pre-printed return form in your parcel, or by sending a letter to Emoco Labs AB, Valhallavägen 5, 181 51 Lidingö, Sweden; or contact

Customer Service

or by filling in and submitting the standard form issued by your local Consumer Rights Authority; and return the item(s) to us as set out in section 6 (Returns) below within the 28 day period set forth in section 5.1 above. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the items. Another payment method may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges.

If the item you have received is defective, please notify Emoco promptly and return the item in accordance with section 6 (Returns) below. Emoco will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.

6. Returns

Emoco guarantees a full refund of the returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, used or altered and that any labels or boxes should be intact. Any item that is purchased from and shipped to you by an external party or brand must be returned in accordance with the instructions included in the parcel.

7. Payment methods

You can pay for your goods in various ways as set out below.

Payment before delivery

Credit card or debit card

You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard). The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. Emoco reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.

Others

You will receive the legally required invoice document in the Shipping Confirmation e-mail.

8. Our Liability

Nothing in these Terms shall exclude or limit Emoco's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

Emoco accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.

Emoco is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.

Our maximum liability to you for any loss or damage arising in connection with your order on emoco.com shall be limited to the total price of your order.

If you have a problem with a product that you have purchased from Emoco, and were not able to settle the complaint with Emoco, then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).

The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: [ODR Plateform] (https://ec.europa.eu/odr)

9. Guarantee

If there are defects in the goods you have purchased, Emoco abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.

10. Assignment

Emoco reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods.

11. Communications

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

12. Severance

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.

13. Ownership of rights

All intellectual property rights, such as trademarks and copyrights at emoco.com remain with Rector AB and its subsidiaries or licensors. Any use of emoco.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Rector AB.

14. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

Emoco May Remove Content We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or Emoco terms or policies. User-Generated Content displayed on Emoco for mobile may be subject to mobile app stores' additional terms.

Ownership of Content, Right to Post, and License Grants You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Moral Rights You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. To the extent this agreement is not enforceable by applicable law, you grant Emoco the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

Control of Private Repositories Some Accounts may have private repositories, which allow the User to control access to Content.

Confidentiality of Private Repositories Emoco considers the contents of private repositories to be confidential to you. Emooo will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

15. Company Information

Emoco Labs AB

Registered office:

Valhallavägen 5

18151 Lidingö

Registered number: 559117-7596 VAT: SE559117759601

Emoco Labs ABis a subsidiary of Rector AB

Registered office:

Valhallavägen 5

18151 Lidingö

Registered number: 556541-6228 VAT: SE556541622801

Registered in Sweden.

A list of directors is available at the registered address.