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Terms of Service

The terms apply to all customers using NodeCE, together with the order form.

1. The agreement

The agreement on NodeCE consists of the order form, these terms and our data processing agreement. If the order form deviates from these terms, the order form applies, but it cannot limit the customer’s rights under mandatory law. The agreement is concluded between NodeiWest AB, org. no. 559169-4210, and the customer named in the order form. The customer enters into the agreement in its business activities. Sections 10–12 of the Swedish Act on Electronic Commerce and Other Information Society Services (2002:562) do not apply between the parties. If the language versions of the agreement differ, the Swedish version applies.

The customer names a contact person for the agreement and a security contact in the order form and informs us when either of them changes. Notices about the agreement are sent to the contact person for the agreement, and security notices to the security contact. If the customer has not named anyone, we send them to the owners of the customer’s organisations in NodeCE. Terminations and other notices about the agreement are made in writing, for example by e-mail. The customer sends them to avtal@nodece.se. An e-mail notice is considered received the next business day after it was sent.

2. The service

NodeCE is software for risk assessment, CE marking, chemical management and maintenance. NodeCE is delivered either as a cloud service, which we run, or for self-hosting, where the customer runs NodeCE itself. The customer also uses NodeCE in the desktop app.

The customer may use the modules and the number of user licences stated in the order form, during the term of the agreement and for its own business. Work for the customer’s own clients and for external members whom the customer invites to its organisations also counts as the customer’s own business. For self-hosting, the customer may install the server software and the desktop app for that purpose, but may not make them available to anyone else.

The cloud service is not intended for information classified for security purposes. The customer does not send such information to us.

3. Safety calculations

NodeCE helps the customer carry out risk assessments and calculate, for example, PLr and SIL according to the standards stated in the tool. NodeCE is a support for the customer’s risk assessment and assessment of conformity under the Machinery Directive and the Machinery Regulation, and does not replace them.

  • A result applies only to the standard and the edition stated in the report.
  • The customer is responsible for the data the customer enters, and for ensuring that a person with the right competence makes the assessment and checks each result before it is used.
  • The customer installs updates and follows the security notices we issue. If we find an error that affects a calculation, we inform the customer’s security contact.

4. The customer’s responsibilities

The customer is responsible for:

  • which users get access to the customer’s organisation in NodeCE and what they do there;
  • the content the customer enters into NodeCE;
  • for self-hosting, that NodeCE runs on a server that meets our requirements, and that NodeCE is kept up to date.

The customer may not enter unlawful content into NodeCE. Unlawful content is reported to kontakt@nodece.se. We confirm the report and review it without automated tools. If the content is unlawful, we may remove it from the cloud service or block access to it. We then inform the customer, the user who entered the content and the person who reported it of what we have decided and why. The decision can be reviewed by a court.

If the customer’s use threatens the security of the cloud service or of other customers, for example when an account has been taken over, we may restrict access for as long as necessary. We inform the customer what we have done and why.

5. Updates, support and errors

NodeCE consists of two products: the server software and the desktop app. We provide security updates for each version for at least five years from the date it was released. The updates are delivered in the latest version, which the customer may switch to at no cost. The customer switches to a new version within the time we state.

Errors that materially affect the use of NodeCE, and errors that affect a calculation, we fix within a reasonable time after the customer has reported them. The customer reports errors without undue delay and no later than six months after the customer noticed the error. If the customer does not report the error in time, the customer has no right to a price reduction or damages for the error, except for claims that are not limited under section 10.

6. Prices and payment

The prices and payment terms are stated in the order form. We invoice in advance for each period, and a period is at most twelve months. If the customer does not pay on time, we may charge default interest under the Swedish Interest Act and compensation for late payment under the Swedish Act on Compensation for Debt Collection Costs.

If an invoice is unpaid 30 days after a written payment reminder that refers to this section, we may restrict the cloud service to read-only. The customer can then still read and export its data. For self-hosting, we may instead withhold support, but the customer still receives security updates. Amounts the customer disputes on substantive grounds are not counted. Fees continue to accrue in the meantime, and we reopen the service when the customer has paid. If the invoice is still unpaid 60 days after we restricted the service, we may terminate the agreement with immediate effect.

7. Rights

We own the rights to NodeCE, except for the open source components that NodeCE contains. The customer owns the content the customer enters. The customer grants us the right to process the content to the extent needed to deliver the service.

The open source components are covered by their own licences, which take precedence over these terms for those components. The licences are found in the file THIRD_PARTY_NOTICES.txt that accompanies the software. If the software contains components under the LGPL, the customer may modify the software for its own use and reverse engineer it to debug such modifications.

8. Personal data

When we process personal data on the customer’s behalf, our data processing agreement applies.

9. Switching provider and getting your data out

The customer may at any time terminate the cloud service to switch to another provider, move to self-hosting, or have us delete the data. The notice period is two months and applies instead of the notice period in section 11. At the latest when the notice period expires, the customer states which of the options it has chosen and, for a switch, which provider it is switching to. If the customer makes no choice, we do not delete the data, and the customer has the time for the move and the time to retrieve the data as set out below. A termination under this section prevents the agreement from being renewed under section 11.

After the notice period, the customer has 30 days to move. During that time

  • the service operates as normal;
  • we help the customer and the provider the customer engages with the move and with the customer’s plan for leaving us;
  • we inform about the risks of service interruption that we are aware of.

The customer may extend the time for the move once, for as long as the customer considers necessary. If it is technically impossible to move within 30 days, we notify this within 14 business days after the termination, with the technical reasons, and state a new time of at most seven months. The service operates throughout that time.

The agreement on the cloud service ends when the customer has confirmed in writing that the move is complete. It ends at the latest when the time for the move, including any extension, has expired. If the customer has chosen deletion, it ends when the notice period has expired, and we then delete the data, unless the customer asks first to retrieve it within 30 days. We inform the customer when the agreement has ended.

The data is provided as an export in a structured, machine-readable format (JSON), with the files in their original format. The export contains all data and files in the customer’s organisations, the users, roles, permissions, settings and history. It does not contain:

  • secrets for signing in or confirming ownership: passkeys, PIN codes, the codes of tokens, pairing codes, codes in report links, codes for verifying domains and the client secret for the customer’s identity provider;
  • ongoing sign-ins and invitations that have not been used;
  • delivery and retry records that the service uses to operate, whose content is otherwise included in the export;
  • our support access, the customer’s consents to it and earlier exports.

Users set up their sign-ins again with the new provider. How the export is made, where we store the data and how we protect it against access from other countries is stated at nodece.se/infrastructure. A description of all data structures and formats in the export is available in NodeCE under Export and is included in the export. The customer may download it and provide it to the new provider. It is updated with each version of NodeCE.

Unless the customer has chosen deletion, the customer has 30 days to retrieve the data after the time for the move has expired, or after the agreement has ended if that is later. During the time for the move and the time to retrieve the data, we protect the data in the same way as before. We then delete all data, and it does not remain in our backups for more than 30 days after that. This later deletion time is the one the parties have agreed. Personal data, including in support cases and in e-mails and error reports at Resend, is deleted in accordance with section 10 of the data processing agreement.

We do not charge for the customer switching provider or retrieving its data. Fees already invoiced for the current period are not refunded. Time after the paid period, including any extension of the move, is invoiced per day at the same price.

This section, and what the EU Data Act otherwise requires when switching provider, do not apply to a trial period, which is time-limited and not intended for operation.

10. Limitation of liability

A party’s liability is limited to the amount the customer has paid for the service during the twelve months preceding the damage, unless the order form states another amount. The limitation applies to all claims under the agreement or on any other ground, including claims for recourse or compensation for what a party has paid to someone else due to product liability or data protection. It does not apply to the customer’s payment obligation or to infringement of our rights under section 7.

Neither party is liable for indirect damage, such as lost profit, loss of production or other claims from third parties other than such recourse claims.

The limitations do not apply

  • if a party caused the damage intentionally or through gross negligence;
  • for liability that cannot be limited under mandatory law, for example product liability.

The agreement does not limit the rights of the person who has been injured or of data subjects.

11. Term and termination

The term of the agreement is stated in the order form. The agreement renews for one year at a time unless either party terminates it no later than three months before the end of the term. The customer may always terminate the cloud service under section 9.

A party may terminate the agreement with immediate effect if the other party

  • materially breaches the agreement and does not remedy it within 30 days of a written reminder; or
  • goes bankrupt, suspends its payments or is otherwise presumed insolvent.

We may also terminate the agreement with immediate effect if the customer uses NodeCE in breach of sanctions or export rules that apply to us.

If the agreement ends in another way, the time for retrieving the data and the deletion apply under section 9.

12. Changes

We may change the terms and the service. Changes that are not to the customer’s disadvantage apply when we have made them; changes to the terms apply when we have notified them. Changes to the customer’s disadvantage, for example the removal of a module the customer pays for, we notify at least 30 days before they take effect. If a change is to the customer’s disadvantage, the customer may terminate the agreement effective the day the change takes effect and then receives back what the customer has paid in advance for the time after that. A change does not apply to a customer that is in the process of moving under section 9.

13. Force majeure

Neither party is liable for delays or failures caused by something beyond the party’s control that the party could not reasonably have foreseen or avoided, such as war, natural disasters, governmental decisions or outages in public electricity and telecommunications networks. The affected party notifies the other party without undue delay. Such an event at the customer’s end does not release the customer from paying. Failures at a subcontractor count only if the subcontractor has been affected by such an event. If the agreement is prevented in a material part for more than two months, either party may terminate it with immediate effect.

14. Governing law and disputes

Swedish law applies. Disputes are settled by a Swedish general court, with Göteborgs tingsrätt as the court of first instance. We may also collect unpaid invoices through a payment order from the Swedish Enforcement Authority.

15. Confidentiality

Each party keeps the other party’s business information confidential and uses it only for the agreement. This does not apply to information that is generally known, that the party already knew, that the party has developed itself or has received lawfully from someone else, or that a party must disclose under law, a court decision or stock exchange rules, for example under the Swedish Public Access to Information and Secrecy Act. The parties ensure that employees and consultants follow the same obligation. Confidentiality applies during the term of the agreement and for five years after it has ended.

16. Miscellaneous

  • Neither party may assign the agreement without the other party’s written consent, which may not be refused without reason. However, we may assign the agreement to whoever takes over the business to which the agreement relates.
  • The agreement replaces earlier arrangements about NodeCE. Amendments and additions beyond section 12 apply only if they are in writing and approved by both parties.
  • Sections 7, 9, 10, 14 and 15 continue to apply after the agreement has ended.