General Terms and Conditions

Version 2024:07

1. Introduction

These General Terms and Conditions regulate your use of contracted software and fully or partially integrated Additional Services, collectively hereinafter referred to as the Services. The services are provided by Svenska Infobyte AB (Infobyte). You purchase access to the Services directly from Infobyte. These terms apply between Infobyte and you and regulate Infobyte’s obligations towards you as a Customer and your obligations as a Customer and User of the Services.

The customer gains access to the Services when these conditions have been accepted, which normally occurs in connection with the order.

2. Subscription Agreement

The services are provided as “Software as a Service” (SaaS), where the Customer buys a subscription to

The services made available online. When purchasing a subscription, the Customer is given the right to access the Services and the right to use them in the manner stated in the terms and conditions. All parts of the Services are governed by the terms, including parts that are added, purchased or put into use at a later time.

The Customer receives a limited, terminable and non-exclusive license to use the Services in accordance with the terms of the Customer’s internal operations against payment of fees according to the price list in force at any time or according to the agreement. Payment of fees according to the agreement and fulfillment of the conditions is a necessary condition for the right to use the Services.

The services are provided as is. The right to use the Services is not conditional on or dependent on any particular version of the Services or function at any particular time, but gives access to and the right to use the Services as they are provided at any given time.

The services are provided from Infobyte’s data center in Sweden.

Infobyte reserves the right, at its own discretion, to make improvements, additions and changes, or to remove functionalities, or to correct errors or deficiencies in the Services. Infobyte disclaims responsibility arising from such actions. If such a change, contrary to expectations, puts functions out of play or permanently removes such a function that constitutes an essential part of the Services, the Customer has the right to terminate the subscription immediately. The customer is thereby entitled to a proportional refund of fees paid in advance regarding the affected part or parts of the Services.

Infobyte has the right to engage a subcontractor for the fulfillment of Infobyte’s commitment according to the Agreement. Infobyte is responsible for the performance of the contractual obligations performed by subcontractors as they had been performed by Infobyte itself.

The customer is not entitled under any circumstances to transfer or transfer, in whole or in part, any license for the Services to a third party, (including but not limited to mergers and fissions, bankruptcy, change of ownership or control or to related companies) unless written approval obtained from Infobyte before that.

3. Right of use

When the Customer has purchased a subscription to the Services and accepted the terms, the Customer is entitled to use the Services during the subscription period for as many devices as the Customer has purchased a subscription for.

Each user is responsible for the confidentiality and accuracy of login details and other account information for the service. The Customer and/or User must inform Infobyte immediately in the event of unauthorized access to login details.

The Services may not be used for any illegal or unauthorized purpose. Users shall not violate any law in the relevant jurisdiction(s), including but not limited to copyright law, or transmit offensive, threatening, abusive, defamatory or otherwise objectionable data to the Services.

4. Start-up of the services

Infobyte shall provide the Customer with the services from and including the Start Day, which is done by Infobyte providing the Customer with login details and/or any other instructions. The start day begins when Infobyte has made the required login information and other instructions for accessing the Services available to the Customer without requiring any special approval from the Customer.

Additional services may be made available at a separate time. This does not affect the Start Day.

5. Processing of personal data

For the processing of personal data, Infobytes applies the personal data policy in force at all times. The personal data controller is Svenska Infobyte AB with organization number 556663-7707.

6. Pricing and billing

Unless otherwise stated in the Agreement, fees and invoicing periods for the Services follow the prices made available by Infobyte at any given time.

Subscription fees are normally charged once a year in advance, unless otherwise stated.

Payment terms are normally 30 days. Fees, such as invoice fees, are charged according to the conditions applied at any time by Infobyte. VAT is added to the stated prices.

7. Contract period and termination

The subscription is valid from the Start Day. Unless otherwise stated in the Agreement, the Agreement is valid for twelve (12) months. Before renewal, Infobyte sends a renewal offer that the customer can accept and thus starts a new subscription period.

The customer can increase the number of users at any time. The contract period according to above also covers the new users.

Termination of this Agreement, either in its entirety or by certain parts or a certain number of Users, must take place in writing and apply from the day the other party receives the termination. Any fees paid in advance are not refunded. As a customer, you are responsible for saving the electronic receipt for the terminated agreement, which is always sent to the customer via e-mail.

Upon termination of the subscription, the Customer’s access to the Services will be blocked after the last active day of the subscription.

8. Immediate termination

Infobyte can terminate this Agreement with immediate effect if the Customer is in arrears with payment of fees, is insolvent, is declared bankrupt or for other reasons cannot fulfill its payment obligations or if the Customer violates this agreement. Infobyte then has the right to shut down the Services completely with immediate effect.

9. Access

Infobyte must provide a secure delivery of the Services for the customer. The services are normally available via the Internet 24 hours a day, seven days a week. Infobyte (and the suppliers hired by them) have the right to take measures that affect the above-mentioned availability, if Infobyte deems it necessary for technical, service, operational or security-related reasons. Planned operational interruptions due to system maintenance are notified to the Customer in advance. See Infobyte’s website for planned operational and maintenance shutdowns.

Unplanned downtime may occur. To the extent that Infobyte is responsible for, and can affect, such downtime, Infobyte must promptly remedy the error.

10. Support

The agreement gives the right to administrator support regarding handling problems with the product.

Unless otherwise agreed, Infobyte provides product support via the Internet, e-mail and telephone, Monday through Friday 08:00 – 17:00 CET. Support questions via e-mail are normally answered no later than the next working day. Support cases received by phone are prioritized according to arrival time.

Support refers to help with handling problems with the service.

11. Intellectual Properties

Infobyte – or its licensors – are the sole owners of all intellectual property rights (IPR) relating to the Services. IPR includes but is not limited to copyrights, patents, trademarks, firms, designs and product designs, source code, databases, business plans and know-how, whether registered or not. All documentation, including manuals, user guides, or other written, electronic or non-electronic, descriptions of how the Services are set up and used (Documentation) are considered part of the Services and are subject to the same restrictions. All copyrights, trademarks, registered trademarks, product names, companies or logos specified in the Services or in connection with the Services are the property of their respective owners.

Infobyte makes no claim to intellectual property rights, or ownership rights of any kind, to Data owned by the Customer that is transferred to the Services.

If the Customer infringes the IPR of Infobytes or a third party, or uses the Services in a way that is contrary to the agreement, the Customer must pay an amount corresponding to the highest of the equivalent of the Subscription Fees for five years in respect of the existing licenses or the actual damage.

The customer acknowledges that Infobyte may suffer irreparable damage in the event of infringement or damage to IPR, and that Infobyte or its licensors shall be entitled to use all reasonable measures to protect its commercial interests, and its property, including all measures possible under law.

The same shall apply if the Customer has, or has attempted to obtain, information or data to which the Customer is not entitled according to the terms.

12. Confidentiality

Each party undertakes not to disclose to third parties, without the other party’s written consent, such information about the other party’s activities that may be considered business or professional secrets or that are legally subject to confidentiality (“Confidential Information”).

The parties are responsible for their respective employees’ and consultants’ observance of the provisions specified herein and shall, through confidentiality obligations with these or other appropriate measures, ensure that the confidentiality of the Agreement is observed.

The party’s confidentiality obligation according to the Agreement applies during the term of the agreement and also for a period of five (5) years after the agreement has ceased to apply.

13. Warranty and warranty limitation

Infobyte guarantees that the Services will function mainly as described. The customer and Infobyte agree that the Services and their delivery are not completely free of errors and that improvements to the Services are an ongoing process. The Customer acknowledges that the Services are delivered as is and are used at the Customer’s own risk.

Infobyte does not guarantee that the Services will meet the Customer’s requirements, that they will function correctly with the Customer’s choice of equipment, system or settings, nor that it will be uninterrupted or error-free. The customer is responsible for ensuring that third-party programs such as browsers, pdf readers, toolbars, antivirus programs and firewalls are correctly installed and allow traffic to resources referred by Infobyte. Furthermore, it should be noted that the use of the Internet to use the Services is neither installed, maintained nor established by Infobyte, and that Infobyte has no control over the Internet. Infobyte is not responsible for interruptions or disturbances in the operation of any part of the Internet, nor is it responsible for any regulation of the Internet. Infobyte shall take all reasonable measures deemed appropriate to remedy and avoid such events, however, Infobyte does not guarantee that interruptions will not take place. Infobyte is not responsible for the performance of Internet services or how Internet providers perform their services.

If the Services do not function in accordance with the limited warranty specified above, Infobyte shall correct all detected errors or deficiencies in the Services at its own expense. Infobyte fixes reported errors in the Services that seriously affect the functionality of the Services as soon as possible. However, Infobyte reserves the right to determine when and how an error should be corrected and when and how an action should be performed. Infobyte fixes errors that do not seriously affect the Customer’s use of the Services and/or the functioning of the Services, at the earliest with the next official version of the Services.

The Services are delivered as is and neither Infobyte nor any of its licensors makes any warranty, either express or implied, regarding fitness for a particular purpose or capacity for system integration. No claims other than those specifically stated in the TOS have been made with respect to the Services, and the Customer shall not rely on any claims not expressly stated in the terms and conditions.

If any part of the terms and conditions is found to be invalid, in whole or in part, this shall not affect the validity of the other provisions. In such cases, the provision in question shall be replaced by a provision which, as far as possible, achieves the purposes of the original provision.

14. Liability Limitation

Infobyte is in no case responsible for the content of or ownership of the Data.

Infobyte is in no case responsible for any instructions for Data Processing or other actions carried out by the Customer’s User.

If Infobyte is held liable for the payment of compensation to the Customer as a result of a breach of any obligation arising from the terms and conditions, such compensation shall under no circumstances include compensation for indirect loss or consequential damage, or damages of any kind resulting from, or is a result of such breach of contract, including but not limited to any loss of Data, loss of production, loss of revenue or profit, or third party claims or governmental decisions, even if Customer has been advised of the risk of such damages. Infobyte’s liability according to the AV is limited to direct damage, except where otherwise follows from mandatory law, such as in the case of damage caused by gross negligence or intent. All refunds and compensation for direct damage and direct losses and costs during any 12-month period shall never exceed an amount equal to 12 months of Subscription Fees for the Services during the same period.

Neither Infobyte nor the Customer shall be liable for delay or interruption in their commitments caused by, or arising from, a force majeure event, such as an earthquake, riot, labor dispute and other events that are similarly beyond Infobyte’s or the Customer’s control.

In the event that legislation, regulations or regulations relating to the Services or the delivery thereof are changed, or new legislation, regulations or regulations become effective after the Service has been made available on the market, which prevents Infobyte from fulfilling instructions from the Customer or Infobyte’s obligations under the AV, and/ or which requires the Service to be shut down, in whole or in part, for a certain time or for an indefinite period, it shall be considered to constitute a force majeure event. Infobyte is in no case responsible for such force majeure event. In such cases, the customer will be reimbursed for the pre-paid Subscription Fee for the Service that is affected from the month following the suspension of the Service due to the force majeure event. In addition to this, the Customer does not have the right to make further demands on Infobyte.

Although Infobyte will exercise reasonable care for secure transmissions of information between the Customer and the Services, the Customer acknowledges that the Internet is an open system and that Infobyte cannot guarantee, and does not guarantee, that third parties cannot obtain or alter the Data or the Transfer. Infobyte has no responsibility for such accidental misuse, disclosure or loss of Data.

15. Contracting parties and applicable law

The rights and obligations of the parties shall be fully governed by Swedish law. Disputes regarding interpretation of the terms or use of the Services, the parties shall try to resolve through amicable settlement. If the dispute cannot be resolved in this way, the dispute must be resolved in a general court with the Stockholm District Court as the first instance.