Terms and Conditions
April 27th, 2018
This is the English language version of the Terms and Conditions. For more information, see under “Dispute”.
- These Terms and Conditions apply when the legal entity or natural person, hereafter called “Customer”, and the service provider Assently AB, SE556828-8442, hereafter called “Provider”, reaches an agreement, hereafter called “Subscription”, regarding the use of the services provided, hereafter called “Service”.
- The Service makes it possible to electronically sign and verify documents, manage electronic identification, etc., and associated services such as support and analytics, and is described on The Website (assently.com). At the time these Terms and Conditions were established, The Service includes The Website, The Web Office (app.assently.com), CoreID, Test Environments as well as apps and third party integrations that communicate using the Service API.
- Current contact information for Provider is available on The Website.
- The Provider offers The Service in different packages (Plans). The content of the Plans and a price list is available in The Service, and is subject to change over time.
- The Customer is obliged to pay the fees for the plan as specified in The Service, unless otherwise has been agreed in writing between The Customer and the Provider.
- All prices, fees and transaction fees are presented excluding VAT and are published together with conditions in The Service.
- The supplier reserves the right to annually adjust the prices and transaction fees according to the Labor Cost Index (LCI).
Change of The Service and Terms and Conditions
- The Provider has the right to make changes in The Service and these Terms and Conditions without prior notice to The Customer. If the changes are significant The Customer will be notified before that change enters into force. Notifications according to these Terms and Conditions are made using the Web Office or to The Customer’s e-mail address.
- All the rights to The Service belongs to the Provider (or third party with whom the Provider has made a separate agreement). The Customer receives no rights to The Service in addition to the ones that follows by these Terms and Conditions.
- The Provider grants The Customer a non-exclusive, non-transferable right to use The Service in accordance with these Terms and Conditions during the time of The Subscription.
- The Customer keeps all rights associated with the material submitted to and/or transmitted to The Service, and the The Provider uses it exclusively to deliver the service.
- The Customer is aware of and approves that The Supplier uses The Customer’s trademark (text and image) in The Service.
- The Provider agrees to treat all confidential information obtained from The Customer within the scope of this agreement strictly confidential and not disclose such information, nor use the information for own or other party’s gain, without The Customer’s written consent.
- The confidentiality set forth in this agreement applies from the start of The Subscription and without limitation in time.
- The Customer is responsible for its Agents’ use of The Service. Agents are defined as the ones who has been given access to The Service (including but not limited to login credentials or API-keys pairs).
- The Agent accounts are individual and The Customer agrees to prevent that several persons use the same account.
- The Customer is responsible for storing and using access information in a secure manner that prevents unauthorized use. The Customer agrees that the Provider will not liable for any losses incurred as a result of a third party’s use of The Customers and its Agents’ access information.
- The Customer shall comply with the requirements of issuing e-ID provider. This includes, but is not limited to, protecting their e-ID and password.
- For some e-ID solutions, specific conditions and limitations apply to what areas an e-ID may be used. If the Provider suspects that The Service is being used in breach of said conditions or limitations the Provider reserves the right to inform e-ID issuers and deny The Customer use of The Service.
- The Customer is only allowed to use The Service for lawful purposes. The Customer agrees to indemnify the Provider regarding any and all demands from third parties towards The Customer or the Provider, connected to The Customer’s use of The Service. This includes but is not limited to claims regarding violation of third party’s immaterial rights.
- The Customer is responsible for following copyright laws, the Personal Data Act (until and including 2018-05-24, thereafter The General Data Protection Regulation (EU) GDPR) and other relevant laws and regulations.
- The Customer is only allowed to use dummy personal data, or personal data for which The Customer has acquired special permission, in the Test Environment.
Availability and Changes
- The Service is normally available around the clock, seven days a week. The Provider can not guarantee that The Service is free of errors or interruptions during said time and is always allowed to try and fix problems before the Provider is considered to have breached the agreement. The Provider is allowed to make changes to the operating procedures, technical specifications, systems, opening hours, etc. and reserves the right to close The Service for i.e. maintenance.
Blocking of Accounts
- The Provider has the right to immediately and without prior notice block The Customer from further use of The Service if The Customer violates these Terms and Conditions or is suspected to use The Service in an unlawful or otherwise improper manner.
- The Provider will not refund paid fees when an account has been blocked.
- The use of The Service is entirely at The Customer’s own risk. The Provider disclaims all responsibility for any damages that may arise from use of The Service.
- The Provider is not responsible for any direct or indirect damages, including but not limited to loss of profit, loss of business or productivity, due to deficient accessibility, functionality errors or faults in The Service.
- Notwithstanding anything to the contrary contained in these Terms and Conditions, The Provider will not under any circumstances be liable to damages that exceeds the total amount paid by The Customer to the Provider for the use of The Services during the 3 (three) months preceding the date of the action or claim.
- A party is entitled to terminate The Subscription with immediate effect if the other party substantially violates these Terms and Conditions, or what otherwise has been agreed. Fees paid by The Customer are not refunded upon termination due to this kind of violation.
- The Provider reserves the right to terminate The Subscription immediately if The Customer has not made a payment.
- The Customer is aware and agrees to that personal data associated with The Customer, its Agents, as well as the personal data entered into The Service is being processed and stored by the Provider in accordance with the separate Data Processing Agreement (until and including 2018-05-24, thereafter The Assently Data Processing Agreement Version 2018-05-25).
- The Customer is the Data Controller according to The Swedish Personal Data Act (1998:204)(until and including 2018-05-24, thereafter The General Data Protection Regulation (EU) GDPR), and the Provider acts as a Data Assistant performing certain services, including processing data, according to the instructions by and on behalf of The Customer.
- The Customer is aware that personal data may remain with the Provider even after The Subscription has been terminated. The Customer can free of charge receive information about what personal data the Provider has registered about The Customer, in accordance with Section 26 of The Swedish Personal Data Act (1998:204)(until and including 2018-05-24, thereafter The General Data Protection Regulation (EU) GDPR).
- Messages according to this agreement, general information and newsletters are being sent to the customer with e-mail.
- Support for The Service is provided via the knowledge base, and through a specified email during business hours, weekdays 08:00-17:00 Central European Time.
- The Customer only has a right to assign The Subscription to another party if this has been agreed in writing between The Customer and The Provider.
- The Provider reserves the right to assign The Agreement to companies in a group of companies in which the Provider belongs or will belong to.
- The parties rights and obligation in the application and interpretation of The Agreement is determined in accordance with Swedish law, settled exclusively in the Swedish general courts with Stockholm District Court as first instance.
- If different language versions of The Agreement or other terms and conditions are brought into question the Swedish version shall prevail.
- These Terms and Conditions entered into force on April 27th, 2018 and replaces all previous terms and conditions for use of The Service.