a.engineer

    A.ENGINEER - ENTERPRISE TERMS OF SERVICE (“TERMS”)

    These Terms govern the use of the enterprise version of a.engineer service and related documentation (together the “Service”). The use of the Service is subject to these Terms and the software service agreement entered separately between the Tyréns Solutions AB (“Supplier”) and the Customer (“Software Service Agreement”).

    DEFINITIONS

    “Customer” means the contracting party to the Software Service Agreement.

    “Customer account” means the administrative account of the Customer.

    “Input” means the data, software, documents, third-party services, and other content (including prompts) uploaded, accessed, stored, or submitted by any means for the use in the Service by or on behalf of the User.

    “Output” means any text, code, data, insights or other material generated by the Service.

    “Service” means the a.engineer platform, which is comprised of a cloud service accessible via a web interface through a browser and/or desktop app (or, if specifically agreed in the order forms, APIs), plug-ins and add-ins to other software provided by the Supplier.

    “User account" means any accounts created via the Customer account.

    “User” means any user of the Service with a User account.

    Scope & license grant

    Subject to these Terms and the Software Service Agreement, the Supplier grants the Customer a limited, non-exclusive, non-transferable, revocable license to use the Service. This license includes the right to use the Service for commercial purposes, subject to the Customer’s Service Agreement and these Terms. This license terminates immediately if the Customer or any of its Users violates these Terms or the Customer’s account is terminated for any other reason.

    The Service is delivered remotely and provided strictly on an “AS‑IS” basis and with in accordance with the specifications set out in the Service Level Agreement (“SLA”) appended to the Software Service Agreement.

    Subscription, fees & taxes

    Fees, subscription tier(s), payment terms and usage limits are set out in the Software Service Agreement.

    Responsibilities, permitted & prohibited uses

    Customer Responsibilities

    The Customer shall be and remain fully responsible for any Users.

    The Customer is responsible for all acts or omissions of any and all its User(s) that would, if committed or omitted by the Customer, constitute a breach of this Agreement.

    Customer is solely responsible for:

    • (a) keeping all access credentials (e.g., usernames, passwords, API keys) secure and confidential;
    • (b) promptly notifying Supplier at aengineer@tyrens.se upon any suspected or actual unauthorized access to the Service or to User credentials;
    • (c) ensuring Customer holds all necessary rights (licenses, consents, lawful bases) for any third‑party content included in Inputs; and
    • (d) evaluating the accuracy, suitability and legality of all Outputs and ensuring that their use does not infringe third‑party rights or violate law.

    Prohibited Conduct

    Customer agrees not to, and will not permit any of its Users to:

    • (a) create, upload, share or store Output that is illegal, defamatory, obscene, hateful, discriminatory or otherwise clearly offensive or inappropriate;
    • (b) transfer, sublicence, lease, lend, sell, resell or otherwise share Customer’s access to the Service, or allow any third party to use the Customer account;
    • (c) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying models of the Service, except to the limited extent expressly permitted by mandatory law;
    • (d) modify, translate, localize, port, adapt or create derivative works of the Service or any software provided;
    • (e) use any automated, programmatic or scraping method to extract data or Output from the Service, except through documented APIs within rate limits;
    • (f) use the Service, or any Output, to build or improve any product or service that competes with the Service;
    • (g) interfere with, disrupt, or attempt to gain unauthorized access to any systems or networks of Supplier, including by introducing malware, viruses or harmful code; or
    • (h) use the Service for any purpose prohibited for “high‑risk” systems under Articles 5 or 54 AI Act or otherwise in violation of applicable export‑control laws.

    Permitted Use

    Subject to the above, Customer and its Users may (a) provide Input; (b) generate, review, and internally share Output; and (c) export Output for lawful business purposes related to the Customer’s business operations.

    AI Limitations and Responsibilities

    The Customer acknowledges that artificial intelligence and machine‑learning technologies are inherently probabilistic and rapidly evolving. The Service may generate Output that is incorrect, incomplete, biased or otherwise unsuitable and that may not accurately represent real persons, places or facts. Customer is solely responsible for independently evaluating and validating all Output (including through qualified human review) before relying on, publishing or otherwise using it. Customer is likewise responsible for ensuring that Inputs and Outputs are lawful and do not infringe any third‑party rights.

    No Professional Advice

    All Output is provided for general informational purposes only and shall not be construed as engineering, legal or other professional advice. Supplier is not an engineering consultancy or any other professional services Supplier and assumes no professional duty of care or liability for any Output.

    Intellectual property

    The Service (including models, prompts, UX and know‑how) is protected by copyright and remains the sole property of the Supplier and its licensors.

    Input and Output shall be considered the property of the Customer, and the Supplier shall handle this data in accordance with applicable laws and regulations, including data protection and privacy legislation. The Supplier may not use, share, or distribute Input and Output without the express consent of the Customer.

    The Customer hereby grants to the Supplier a non-exclusive right to use the Input and Output to fulfil its obligation according to the Agreement. The Supplier has a right to use anonymized Input and Output and its metadata for statistical, benchmarking and Service improvement purposes and it shall always be done according to laws and regulation (such as the GDPR). The aforementioned right is granted until the termination of the Software Service Agreement or until there is no need for the Supplier to have access to the Input and Output.

    User data, privacy & AI training

    Personal data will be processed within the scope of the Services. The Parties undertake to observe their respective obligations under applicable data protection legislation, including, but not limited to, the General Data Protection Regulation (EU) 2016/679, with accompanying implementation regulations (in particular Act 2018:218 with supplementary provisions to the GDPR). For more information on how the Supplier collects and process personal data at Tyréns, please read our Privacy Policy, which you can find on our website: https://www.tyrens.se/sv/om-oss/om-tyrens/integritetspolicy/.

    Supplier acts as independent data controller for account data and telemetry and as processor for personal data included in Inputs and processed according to legislation such as GDPR. The details of data processing are defined in the Parties’ Data Processing Addendum (“DPA”).

    Supplier collect and process data from the Users’ use of the Service to provide the Service, improve the platform, provide support, enhance user experience. The Privacy Policy contains detailed information on how data is processed.

    Confidentiality

    Information exchanged under the Terms that is marked or should reasonably be understood as confidential shall be kept secret for three (3) years after disclosure.

    Warranties & disclaimer of warranties

    CUSTOMER’S USE OF THE SERVICE, SITE AND ALL CONTENT (INCLUDING OUTPUT) IS ENTIRELY AT CUSTOMER’S OWN RISK. THE SERVICE, SITE AND ALL CONTENT ARE PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPPLIER AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, ORIGINALITY, ACCURACY, RELIABILITY, USEFULNESS OR RESULTS.

    Supplier makes no warranty that the Service or any Output will be error‑free, uninterrupted, secure, or will meet Customer’s requirements other than stated in the Annexes; that any defects will be corrected; or that the Service or the servers that make the Service available are free of viruses or other harmful components. Any Output, material or code downloaded or otherwise obtained through the Service is accessed at Customer’s own discretion and risk, and the Customer will be solely responsible for any damage to its systems or loss of data that results.

    No oral or written information or advice given by Supplier or its representatives shall create any warranty not expressly stated in these Terms. Certain jurisdictions may not allow the disclaimer of implied warranties; in such cases the above disclaimers apply to the maximum extent permitted by applicable law.

    Limitation of liability

    TO THE FULLEST EXTENT PERMITTED BY MANDATORY LAW, SUPPLIER SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, THE SITE OR ANY CONTENT (INCLUDING OUTPUT) – REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AND REGARDLESS OF WHETHER SUPPLIER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES, WITHOUT LIMITATION, TO ANY LOSS OR DAMAGE RESULTING FROM UNAUTHORISED ACCESS, SECURITY BREACHES, DATA LOSS OR CUSTOMER’S DOWNLOAD OR USE OF ANY MATERIALS. NOTHING IN THIS SECTION EXCLUDES OR LIMITS SUPPLIER'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW.

    IF AND SOLELY TO THE EXTENT THAT SUCH EXCLUSION IS NOT LEGALLY ENFORCEABLE, IN NO EVENT SHALL SUPPLIER’S TOTAL LIABILITY AND THAT OF ITS SUPPLIERS AND LICENSORS, ARISING FROM OR RELATING TO THE CUSTOMER’S USE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY, EXCEED THE AMOUNT THE CUSTOMER HAS PAID TO THE SUPPLIER FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM.

    Customer indemnity

    Customer shall defend, indemnify, and hold harmless Supplier and its affiliates, officers, directors, employees, and agents (collectively, “Supplier Indemnitees”) from and against any third‑party claim, demand, suit or proceeding (a “Claim”) arising out of or relating to:

    • (a) Customer’s Input or any Output generated therefrom that results from Input in violation of these Terms, or that Customer knew or reasonably should have known was likely to result in infringing, unlawful or otherwise violating Input;
    • (b) Customer’s breach of sections 4 or 5; or
    • (c) Customer’s violation of applicable law or third‑party rights.

    Customer shall indemnify the Supplier Indemnitees against all damages, costs and reasonable attorneys’ fees finally awarded in judgment or agreed in settlement of any Claim. Supplier reserves the right to participate in the defense of any Claim at its own expense.

    Term, suspension & termination

    These Terms commence on the effective date of the Parties’ Software Service Agreement and continues for the Software Service Agreement term.

    Upon termination or suspension, Customer must cease all use of the Service and destroy any Supplier Confidential Information; sections 5 - 12 survive the termination of the Terms.

    Governing law & disputes

    These Terms, and any dispute or claim arising out of or in connection with it (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with Swedish law, without regard to conflict-of-law or choice-of-law rules.

    Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal should be composed of one or three arbitrators. The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English.

    Miscellaneous

    Assignment

    Neither Party may assign any of its rights or obligations under the Terms, whether by operation of law or otherwise, without the other Party’s prior written consent (not to be unreasonably withheld) provided, however, that either Party may assign the Terms in its entirety, without the other Party’s consent (i) to its Affiliate, or (ii) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

    Modifications

    Supplier may amend these Terms at any time by posting updates of the Terms on the website a.engineer; changes enter into force thirty (30) days after the update has been posted. Continued use after an update constitutes acceptance.

    Export-control and sanctions

    The Customer is solely responsible for ensuring that its use of the Service and Output is compliant with the applicable export control legislation and trade sanctions.

    Severability

    In the event any provision of these Terms is wholly or partly invalid, the validity of these Terms as a whole shall not be affected, and the remaining provisions of these Terms shall remain valid. To the extent that such invalidity materially affects a Party’s benefit from, or performance under, these Terms, it shall be reasonably amended.

    Contact information

    Email: aengineer@tyrens.se
    Address: Folkungagatan 44, 118 26 Stockholm