This Agreement (the “Agreement”) is an agreement between (i) you and Ahlsell Sverige AB (reg. no. 556012-9206), registered in Sweden ("we" or “Ahlsell”), for your access to and use of the mobile application software linking to these General Terms and Conditions (together with any subsequent applications thereof, the “App”).

By clicking the “ACCEPT” button or otherwise providing consent, you agree to the individual terms and conditions of the Agreement.

To avoid any misunderstandings, the App will not be accessible to persons who do not act on behalf of a company (the “Principal”) that has a Customer Agreement with Ahlsell for the purchase and delivery of goods (the “Customer Agreement”). All sales and purchases made through the App are governed by this Customer Agreement.

(A) General

1. We may update the Agreement by giving you notice of such updates no later than ten days before the updates enter into force, as we deem reasonable, for example by sending an e-mail to your registered e-mail account or a post on the introductory page displayed when you open the App. Your downloading or use of the App after you have been informed of such updates will constitute your acceptance. The date below indicates the date on which updates to this agreement were last published.
2. Updates to the App may be issued by us or the Appstore’s supplier or operator from whose platform you downloaded the App.
3. You are assumed to be a representative of a Principal and have the necessary permission to use the App, including placing orders and/or terminating other legal actions aimed at binding Ahlsell and the Principal.
4. Personal data provided by you via the App or otherwise provided to us is governed by our Privacy Policy, which can be found at https://www.ahlsell.se/om-ahlsell/ipolicy/. By providing your personal data to us, you accept that we will process it in accordance with this privacy policy. You guarantee that all personal data you provide is and will remain accurate and complete.
5. You use and rely on the App at your own risk, and you must comply with all applicable laws and regulations when doing so. We may limit the availability of the App at any time.
   
   
   (B) GRANTING AND SCOPE OF LICENSE

1. Subject to your compliance with the Agreement, you may only use the App for its intended commercial purposes and on the basis of a non-exclusive, revocable, non-transferable license.

2. To avoid any misunderstandings, the App is licensed – not sold – for use only under the terms of this Agreement. We: (i) reserve all rights not expressly granted to you under this Agreement; and (ii) own (or hold licenses for) all rights under laws such as patents, copyrights, trade secrets, trademarks and all other proprietary rights ("Intellectual Property Rights") in the App.

3. You must not, and must not allow others to:

• make available through, or in connection with, the App material that is defamatory, offensive or in any other way inappropriate;
• upload viruses that are harmful or intended to damage the operation of or monitor the use of the App;
• use the App for any non-commercial purposes and/or for any transactions that are not based on a Customer Agreement with Ahlsell;
• use the App to order or otherwise represent and/or make a commitment that you are not authorized to make by the Principal;
• collect services or circumvent the navigation structure or presentation of the App without our prior written consent;
• use the App without our prior written consent;
• make changes to the App or allow the App or any part of it to be combined with or incorporated into other programs;
• disassemble, decompile, reverse engineer or create derivative works based on all or any part of the App or attempt to do any such thing except to the extent to which applicable law specifically specifies such limitations;
• provide the App or otherwise make it available to third parties (including object and source code) without our prior written consent;
• create internet links to the App or mirror the App, or host the App on a server (including a website) or otherwise;
• access or use the App to build a competitive product or service;
• use the App in an unlawful manner, for unlawful purposes or in any way contrary to this Agreement;
• infringe our intellectual property rights or those of a third party in connection with your use of the App (to the extent that such use is not licensed under this Agreement);
• use the App in a manner that may damage or compromise our systems or security or interfere with other users of the App.

(C) COOKIES AND OTHER SIMILAR TECHNOLOGIES

1. When you open the App for the first time, you will be asked to give us your consent to the use of tracking and analysis technology to optimize the App and our recommendations to you. This may include device information (operating system and app version), your behavior in the app (e.g. ordering products) and the time spent on it. If you wish to change your consent, go to “Settings” in the app. If you wish to completely withdraw your consent, please uninstall the App. If you have not given your consent, we will not use tracking and analysis technology.
2. ACCOUNTS
   You may only use the App with the consent of the Principal on whose behalf you are acting by logging into the App with a personal user account (i.e. linked to your identity) that is specifically issued to or on behalf of the Principal by Ahlsell.
3. ORDERING
   

   The purpose of this App is to facilitate easy ordering. All orders placed via the Apps are governed by Ahlsell’s General Terms and Conditions of Sale, which can be found at https://www.ahlsell.se/Handla-hos-oss/Villkor-och-prislistor/Leveransvillkor/("Ahlsell’sTerms and Conditions").
   
   If you act on behalf of the Principal, you and the Principal confirm – to the extent that you can legally represent the Principal – that you and the Principal are also bound by Ahlsell’s terms and conditions.
   
   To avoid any misunderstandings, this Agreement does not affect Ahlsell’s terms and conditions.
   

4. LIMITATION OF LIABILITY
   The App, including but not limited to the technology forming part of it, is, to the extent permitted by applicable law, provided as is, where available, without any warranties or conditions of any kind, whether express or implied, statutory or otherwise. We disclaim all warranties and liability with respect to the App and third party materials, including but not limited to warranties and conditions for satisfactory quality, merchantability, fitness for a particular purpose, infringement, title and/or availability. The App cannot be held responsible for any problems in detecting or notifying about a specific event.
   
   We do not guarantee that the App will be or will remain up-to-date, uninterruptedly available, complete, accurate and/or secure.
   
   To the extent permitted by applicable law: (a) Ahlsell is not liable for any direct or indirect damages of any kind, nor for any damages for loss of profit, use or data, loss of other intangible assets; (b) without limiting the above, we will not be liable for damages of any kind arising from your use of or inability to use the App, including viruses that may be transmitted in connection therewith; and (c) your sole and exclusive remedy for dissatisfaction with the App is to discontinue use of the App.
   
   

   To the extent permitted by applicable law, you agree to defend and indemnify us from and against any and all claims, damages, judgments, liabilities, costs, expenses and fees (including legal fees) ("Claims") arising out of or in connection with your breach or alleged breach of this Agreement. This includes – but is not limited to – claims arising from you correcting incorrect or improper orders or orders that are not approved by the Principal.

5. CONFIDENTIALITY
   

   When you use the App, you may gain access to valuable trade secrets and other confidential information belonging to Ahlsell and its operations, including but not limited to pricing and other terms agreed between Ahlsell and the Principal ("Confidential Information"). The term Confidential Information does not include information that is publicly known or becomes publicly known in any way other than through breach of the Agreement. You must keep all Confidential Information strictly confidential and are only permitted disclose it on a need-to-know basis to the Principal’s employees, officers, representatives, contractors, subcontractors or advisors who need to know such information for the purpose of exercising the Principal’s rights or performing their obligations under or in connection with this Agreement or the Customer Agreement and who are bound by appropriate confidentiality undertakings. You may not share Confidential Information with any other third party without the consent of Ahlsell, or if this is reasonably required to fulfill the obligations under the Agreement, or where required by law, stock exchange rules or decisions from a court or competent public authority.

6. CANCELLATION
   

   This agreement is valid until (i) canceled or until you are no longer authorized to represent the Principal (e.g. due to the termination of your employment); (ii) you uninstall the App; or (iii) the Principal’s contract with Ahlsell expires – after that, you cease using the App and ensure that your account is deactivated. Note that confidentiality provisions will remain in force for five (5) years after the termination of the Agreement and that orders placed before the termination of the Agreement will not be affected by the termination of the Agreement.
   
   We may terminate this Agreement by providing you with written notice: (i) seven (7) days in advance via e-mail for any reason; or (ii) immediately via e-mail if you commit a material breach of this Agreement.

7. COMMUNICATION
   

   If you wish to contact us in writing with any questions or concerns about the App or this Agreement, you may contact us via the contact form in the App. Please note that e-mail communication may not be secure and it is recommended that you do not include sensitive information in your e-mail correspondence with us.
   
   If we are required to contact you or notify you in writing, we will do so using the contact details you provide us in your request for the App.

8. APP STORE TERMS AND CONDITIONS
   

   Depending on the device on which you use the App, the terms, rules and policies of the App Store (including but not limited to Apple® App Store or Google® Play) may apply, in which case such rules and policies will apply instead of this Agreement if there are discrepancies between the two.

9. ADDITIONAL CONDITIONS
   We may transfer our rights and obligations under this Agreement to another organization, provided that the transfer does not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement with our written permission.
   
   Each of the provisions of this Agreement may be applied separately. If any court or competent authority decides that any of them are illegal or unenforceable, the remaining terms and conditions remain in full force and effect.
   
   

   This Agreement shall be governed by and construed in accordance with the laws of Sweden wherever you are, but without application of its principles of choice of law.
   
   You agree that Stockholm District Court may have exclusive jurisdiction and waive any and all jurisdictions, venues or inconvenient forum objections to such courts.