Qlik Site Terms of Use

QlikTech International A.B. and its affiliates (collectively, “Qlik”, “We”, or “Our”) welcome you to its family of Qlik-managed websites (each, a “Qlik Site”). These terms and conditions (“Terms”) govern your use of the applicable Qlik Site in which these Terms are linked.

By visiting a Qlik Site, you agree to these Terms. Please read these Terms carefully as they are a binding agreement between You and Qlik. If at any point you do not agree to these Terms, do not access any Qlik Site. “You,” “your” or “yours” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms) and, if you access the Qlik Sites on behalf of a legal entity, to that entity. If you are using a Qlik Site on behalf of any entity you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and, by accepting these Terms, you are hereby binding such entity to the Terms.

1. Creating a Qlik Account:

In order to access certain features of a Qlik Site, you may need to create an account (a “Qlik Account”). You must be at least sixteen (16) years old to have a Qlik Account and not live in an area in which use of the Qlik Sites is prohibited by applicable law.

When creating a Qlik Account, you must provide current, accurate, and complete information as requested by Qlik. You are responsible for keeping the details of your Qlik Account current and to maintain the confidentiality such details, including your password. You also assume all liabilities and responsibilities for activities that occur under your Qlik Account. You may not permit another party to access your Qlik Account or assign your Qlik Account to another party.

2. Contributions:

If you have a Qlik Account, you may be able to upload information to a Qlik Site such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively "Contributions").

You represent and warrant that you have all rights to make Contributions available on the applicable Qlik Site, and, therefore, you grant to Qlik, and its agents, licensees, and assigns, a perpetual, worldwide, non-exclusive, sublicensable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Contributions for any and all purposes.

Contributions are completely voluntary and are not confidential. Do not upload any Contribution which contains sensitive, personal, or otherwise confidential data of yours or any third party, such as your employer or customers. Qlik is not a data processor of such data and no Qlik Site may be used to store such data content. Qlik reserves the right to remove at any time, without notice, any Contribution for any or no reason. However, Qlik has no obligation to monitor or remove Contributions, and Qlik assumes no responsibility or liability for Contributions shared on any Qlik Site.

Qlik does not endorse or represent it has verified the credibility of any Contributions, including any hyperlinks provided within Contributions. You are solely responsible for any actions you may take based on Contributions, information, or advice you receive through any Qlik Site.

3. Conduct:

Qlik conducts its business with respect and integrity, and therefore expects the same from its Qlik Site visitors and contributors. Therefore, you must abide by the following guidelines at all times:

Do not engage in any unlawful and/or offensive conduct on any Qlik Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information on any Qlik Site.
Treat others on a Qlik Site as you would expect them to treat you. Do not engage in personal attacks, trolling, or any type of "flaming" of other users.
Do not engage in disruptive, non-constructive activity on any Qlik Site, such as persistent off-topic contributions.
Do not attempt to incite or assist other users to violate these Terms.
Do not contribute content that you do not have the rights to share on any Qlik Site.
Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
Do not use any Qlik Site to transmit any computer programs that contain destructive features, such as viruses, worms, time bombs, Trojan horses, or other harmful components.
Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
Do not impersonate any other person than yourself, or falsely represent your credentials.
Do not use any Qlik Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
Do not misrepresent the source of anything you contribute.
Do not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement for yourself, your business, or others.
Do not solicit other users of any Qlik Site to use or join or become members of any other service, group, or organization.
Do not rely on any Qlik Site for the safe and secure storage of any materials. Qlik Sites are not designed as the primary place to store any of these materials, and Qlik is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to a Qlik Site.

4. General:

Violations. If you breach these Terms, whether or not Qlik is aware of such breach, your authorization to use the Qlik Sites automatically terminates. Upon such termination, you shall immediately (i) delete your Qlik Account(s), (ii) stop accessing the Qlik Sites, and (iii) destroy any material you obtained or derived from the Qlik Sites. You shall only be permitted to re-access the Qlik Sites upon Qlik’s written permission.

Modification by Qlik. Qlik reserves the right to modify, limit, suspend, or terminate the Qlik Sites, and/or these Terms, at its sole discretion and without notice. Qlik may, but is not obligated to, notify you of such changes. You should periodically check these Terms for any modification. Your continued use of any part of the Qlik Sites after Qlik posts such changes to the Terms (regardless of whether Qlik has specifically notified you of such changes) shall indicate your agreement to be bound by the revised Terms. Qlik will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Qlik Sites and for any modification, suspension, or termination of the Qlik Sites, the Terms, and/or your Qlik Account.

Void Where Prohibited. These Terms are void where prohibited by law and the right to access the Qlik Sites is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Qlik Site.

Waiver. Qlik may only waive its rights or your obligations in writing. Qlik’s failure to notice your breach of these Terms or failure to enforce or insist upon your obligations set herein shall not be construed as a waiver of rights or obligations.

5. Third Party Web Sites, Content, Products and Services:

The Qlik Site may contain products, services, materials, hyperlinks, and other content from third parties (collectively "Third Party Content"). These links are available through the Qlik Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Qlik is not responsible for the availability of any Third Party Content. You should refer to the applicable terms posted on Third Party Content websites before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party.

You agree that Qlik is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with any third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Qlik is not responsible for any loss or damage of any sort you may incur arising from Third Party Content.

6. Disclaimer:

QLIK HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE QLIK SITES AND ALL QLIK SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QLIK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. QLIK AND ITS SUPPLIERS MAKES NO WARRANTY THAT ANY QLIK SITE AND ITS CONTENTS (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (III) WILL PROVIDE ACCURATE, COMPLETE, OR RELIABLE RESULTS, OR (IV) WILL MEET YOUR EXPECTATIONS. ANY QLIK SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QLIK SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. QLIK AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE(S) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND/OR THIRD PARTY CONTENT.

7. Limitation of Liability:

IN NO EVENT SHALL QLIK OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE QLIK SITE OR ANY QLIK SITE CONTENT; (B) YOUR RELIANCE UPON ANY QLIK SITE CONTENT, (C) QLIK'S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE QLIK SITES, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF QLIK. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QLIK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QLIK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE QLIK SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER QLIK ACCOUNT SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY QLIK PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE QLIK PARTY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

8. Indemnification:

If Qlik and/or its subsidiaries, affiliates, directors, officers, agents, and employees should incur any third party claims arising out of or in any way related to (a) your breach of these Terms, (b) your use of the Qlik Sites, or (c) your Contributions or anything you upload or make accessible through the Qlik Sites, you agree to indemnify, defend, and hold harmless Qlik and its subsidiaries, affiliates, directors, officers, agents, and employees from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney's fees and expenses.

9. Privacy Notices:

Any personal information processed by Qlik about you from your use of the Qlik Site is governed by the Qlik Privacy & Cookie Notice. In addition, if you use a Qlik Account in relation to our customer offerings such as Qlik Cloud, the processing by Qlik of such interactions with our offerings is governed by the Qlik Product Privacy Notice.

10. Applicable Law; Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of Sweden (excluding the U.N. Convention on Contracts for the International Sale of Goods) and any dispute, controversy or claim arising out of or in connection with these Terms of Use or the breach, termination or invalidity thereof, shall be settled by arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). Where the amount in dispute clearly does not exceed EUR 100,000, the SCC Institute’s Rules for Expedited Arbitration shall apply and the arbitral tribunal shall be composed of a sole arbitrator. Where the amount in dispute clearly exceeds the foregoing amount, the Rules of the SCC Institute shall apply and the arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Lund, Sweden. The language to be used in the arbitral proceedings shall, unless otherwise agreed, be English.

11. Copyright Policy/Digital Millennium Copyright Act:

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Qlik may terminate a Qlik Account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; a description of the copyrighted work or other work that you claim has been infringed; a description of where the material that you claim is infringing is located on our sites, networks or other repositories; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Designated Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, QlikTech Inc., 211 South Gulph Road, Suite 500, King of Prussia, PA 19406 Attn: Chief Legal Officer. If the disputed materials were posted by a third party identifiable through reasonable efforts, Qlik will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Qlik will provide you with a copy so that you may take any other steps you may consider appropriate.