Terms of Service

1. GENERAL

1.1.
These terms and conditions are applicable for Effektify
Platform AB (reg. no 559419-1776) (below the
“Company”) when the Company provides users a
Software as a service within business and marketing
(the “Service”) available in Effektify’s app (below the
“App”). The App can be downloaded from application
marketplaces.

1.2.
The user of the Service is the private individual or the
legal entity wishing to track their business
performance through the Service (below the ”User”
and ”you”). In case the User is a legal entity the User
shall be represented by a representative authorized by
the User (below the ”Representative”) to enter these
terms & conditions (below the ”Agreement”) and
create a personal user account for the User (below
”User account”).

1.3.
This Agreement is applicable between you and the
Company for the use of the Service and the App.

2. THE SERVICE

2.1.
To access the Service you must accept and enter the
Agreement and register a personal user account
(below the ”User Account”) by submitting your
name/name of the Representative, email address and
your domain. You/The Representative have to submit
the log in information, for the access to the Service,
periodically.

2.2.
You will receive access to the Service by:
i) downloading the App to a mobile or tablet
(below the ”Device”);
ii) register a User Account on a Device by
submitting requested information and verify
your User Account; and
iii) accept and enter the Agreement for the Service
on a Device in connection with the registration
of the User Account.

2.3.
Prior your registration of the User Account in
accordance with the above stated, the Company must
receive your accept of the Agreement and the
Company’s Privacy Policy (below ”Privacy Policy”).

2.4.
Information on which Devices and softwares are
compatible, from time to time, with the Service can be
found at www.effektify.com. You are responsible for
having a compatible Device and software in order to
use the Service.

2.5.
You are responsible for the information you provide
the Company in connection with the registration of
the User Account. The information must be complete,
truthful and correct at all times during your use of the
Service. The Company has no obligation to proceed
with any investigations regarding the truthfulness of
the received information. You are responsible for all
actions taken from your User Account.

3. TERMINATION & SUSPENSION FROM THE SERVICE

3.1.
You have a right to, at any time, close your User
Account in the App. Your User Account will be
terminated as soon as technically possible and your
personal data will be anonymized and no longer be
traceable to you.

3.2.
The Company has a right to suspend your access to
the Service by your misuse of the Service, breach of
the Agreement, law or regulation.

3.3.
The Company do not have an obligation to specify a
reason for the suspension. A warning may be sent to
you prior the decision to suspend the User Account in
case the misdemeanour is considered minor.

3.4.
The User Account shall cease and your data be
anonymized automatically in case you have not logged
in to the User Account during 365 days. All personal
data and other information, which has been
submitted or collected for the Service, will be
anonymized and no longer be traceable to you.

4. SUPPORT

4.1
If you have any questions regarding the Service please
contact the support by emailing:
support@effektify.com.

4.2
Eventual complaints are handled by the support.

5. CHANGES IN THE SERVICE & THE AGREEMENT

5.1.
The Company is always striving to improve the Service
and therefore may, at any time, update and adjust the
Service.

5.2.
From time to time the Company may need to adjust
the Agreement provided that the changes and
adjustments are beneficial for you as a user. You will
be notified of any adjustments or changes of the
Agreement by a notification in the App or email
address you provided at the registration of the User
Account. If the changes are material you will be asked
to approve the updated Agreement at the time of
your next log in.

6. INTELLECTUAL PROPERTY

6.1.
The content of the Service, e.g. text, trademarks,
graphic, logotypes, icons and pictures and all software
that is part of the Service (below the ”Intellectual
Property”), is property of the Company, the
Company’s licensors or another third party who has
submitted its right to the Intellectual Property being
used in the Service. The Intellectual Property is
protected by applicable laws, including but limited to
the Copyright Act and other laws giving protection to
the Intellectual Property. You commit to follow all
applicable laws and regulations regarding the
Intellectual Property.

6.2.
Software that is part of the Service and the App is
licensed to you, not sold. Through the Service you are
receiving a non-exclusive, inalienable, to a period of
time limited right to use the software. The Company
has a right to all copies of the software even if the
software has been installed on your Device. You are
not allowed to alienate the license, or any part
thereof, including sublicense your right in accordance
to the license, to a third party.

6.3.
Eventual third party software that is part of the
Service is licensed to you in accordance with the
Agreement or the third party’s lisence terms. You
commit to observe and follow the user terms for third
party software when you use the Service.

6.4.
Trademarks, names and logos appearing in the Service
and/or the App are property of their respective
owner/licensor. Unless granted by the mandatory law,
any reproduction, distribution, modification,
rendering or publication of any material protected by
copyright is unauthorised if not permitted in writing
by respective creator, trademark holder or licensor.

7. SPECIFIC APP TERMS

7.1.
You agree that the Company may, from time to time,
update the App and perform automatic electronical
updates of the App. You agree to all the automatic
updates conducted on your Device and this
Agreement also covers the new updates.

7.2.
In accordance with clause 6 above you are granted a
limited license to the App. The Company, the
Company’s licensors and/or contractors are the
holders of the ownership to the App (and all eventual
copies of the App).

7.3.
Standard charges for data roaming may apply to your
use of the App.

7.4.
This clause states the specific terms for the use of the
App in iOS based Devices that are downloaded from
App Store (below ”Effektify iOS App”).
i) You agree that the terms in this clause are
applicable between you and the Company, and
therefore not between you and Apple Inc (below
”Apple”).
ii) You agree to use Effektify iOS App only in
accordance with Apple’s from time to time
applicable terms for App Store.
iii) The Company, and not Apple, is responsible for
Effektify iOS App and the Service offered therein.
You agree that Apple do not have any liability or
responsibility towards you regarding Effektify iOS
App or this Agreement.
iv) The Company, and not Apple, is responsible for
and is solely handling all eventual claims
regarding Effektify iOS App or your possession or
use of Effektify iOS App in accordance with this
Agreement.
v) The Company, and not Apple, is responsible for
eventual claims from third party regarding
infringement of intellectual property related to
Effektify iOS App and your possession or use of
Effektify iOS App.

7.5.
This clause states the specific terms for the use of the
App in Android based Devices (below ”Effektify
Android App”) and are applicable between you and
the Company:
i) Google Inc (below ”Google”) is the provider of
Google Play where you download Effektify
Android App.
ii) You agree to use Effektify Android App only in
accordance with Google’s from time to time
applicable terms for Google Play.
iii) The Company, and not Google, is solely
responsible for Effektify Android App and the
Service offered therein. Google does not have
any liability or responsibility towards you
regarding Effektify Android App or this
Agreement.

8. PERSONAL DATA

8.1
By submitting personal data at the registration of the
User Account and accepting the Agreement and the
Privacy Policy you agree to the Company’s processing
of your personal data in accordance with the Privacy
Policy, see www.effektify.com.

8.2
In case the User is a legal entity, the User is the
controller of the personal data submitted to and
collected by the Service for the sake of the Service.
The User shall ensure that the User has a correct legal
ground for the processing of personal data which
includes the transfer of personal data to the Company.

9. AVAILABILITY

The Service is normally available at all hours during
the week. The Company cannot guarantee that the
use of the Service will be uninterrupted or error-free.
The Service can from time to time be completely or
partly unavailable during performance of necessary
backup, maintenance, improvements, security
updates or similar actions. The Company will do its
best to inform you prior a planned interruption.

10. LIMITATION OF LIABILITY

10.1.
The Company is liable only for direct loss and not for
loss of profit, revenue, saving or goodwill, loss caused
by interruption in Service, loss of data, indirect loss or
other consequential damage, unless not caused by the

Company’s intent or gross negligence or else stated by
mandatory law.

10.2.
In case the App contains links to websites or resources
that are provided by a third party, the content is
provided for information purposes and the Company
does not have any control over or responsibility for
the content on such websites or resources. In case of
non-compliance the links will be promptly removed.

10.3.
The Company does not guarantee that all information
that is provided through the Service is correct. The
Company acquit itself its responsibility for eventual
errors regarding information provided through the
Service.

11. FORCE MAJEURE

The Company is not responsible for damage that is
caused by circumstances outside of Company’s control
and which significantly aggravate the fulfilment of the
specific obligation or making the fulfilment of the
obligation not economically justifiable.

12. ACCESS, VIRUS & MALWARE

12.1.
You are responsible for configuration of your
information technology, software and operating
system in order to access the Service and the App.

12.2.
You shall not misuse the App by deliberately impose
virus, trojans, computer worms or other material that
is meant to cause damage or is mischievous. You shall
not try to gain unauthorised access to the App, the
server on which the App is stored or any other server,
computer or database that is related to them. You
shall not affect the system through Denial of Service
attacks or similar actions. By a breach of any of the
above provisions you may be found guilty to a crime
and the Company will report the violation to
administrative authorities. In case of infringement of
the above stated your right to use the Service will be
immediately suspended.

13. TRANSFER OF RIGHTS

The Company has a right to, in whole or in part,
transfer all its rights in accordance with this
Agreement.

14. GOVERNING LAW AND DISPUTES

14.1.
This Agreement shall be governed by the laws of
Sweden.

14.2
In case the User is a legal entity, any dispute,
controversy, or claim arising out of or in connection
with this Agreement shall be settled by a Swedish
court of general jurisdiction and the Stockholm District
Court.

14.3
In case the User is a private individual, any dispute,
controversy, or claim arising out of or in connection
with this Agreement shall be determined by the
General Complaints Board (Swe: Allmänna
reklamationsnämnden) or ultimately by a public court.