Terms and Conditions

1.1 Subject to the terms and conditions set forth in this Agreement, the Licensor hereby grants the Licensee a non-exclusive, non-transferable, and revocable license to access and utilize the Services for the duration of the Licensee's active subscription.

1.2 The Licensee is expressly prohibited from:

1. Sublicensing, selling, leasing, or distributing the Service to any third party;
2. Modifying, adapting, translating, or creating derivative works based on the Service;
3. Reverse engineering, decompiling, disassembling, or attempting to discover the source code of the Service;
4. Removing, altering, or obscuring any proprietary notices or labels affixed to the Service;
5. Utilizing the Service to develop a competing product;
6. Employing the Service for any unlawful purpose or in contravention of any applicable laws or regulations.

1.3 The Licensee shall utilize the Service in strict accordance with the terms and conditions of this Agreement and shall refrain from engaging in any activities that may:

1. Infringe upon or violate the intellectual property rights or proprietary rights of the Licensor or any third party;
2. Interfere with or disrupt the integrity, security, or performance of the Service or any related systems or networks;
3. Attempt to gain unauthorized access to the Service or any related systems or networks;
4. Utilize the Service for any unlawful, harmful, or fraudulent purposes;
5. Modify, adapt, translate, or create derivative works based on the Service without prior written consent from the Licensor.
6. Use the Services to transmit malicious code.
7. Abuse API rate limits.
8. Attempt to overload or degrade the platform.
9. Use the Service for high-risk activities requiring fail-safe operation.

1.4 The Licensee shall utilize the Service exclusively for its own business purposes and in full compliance with all applicable laws and regulations.

The Licensee is expressly prohibited from using the Service for any illegal activities, fraudulent schemes, or other unethical actions. The Licensor reserves the right to immediately revoke access to the Service upon discovery of any non-compliance with legal requirements or involvement in illicit activities by the Licensee.

2.1 The Licensee acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, patents, and trademarks, pertaining to the Service and any modifications or enhancements made by the Licensor shall remain the sole and exclusive property of the Licensor.

2.2 The Service, encompassing all its components, features, and related documentation, is protected by intellectual property laws and international treaties. The Licensor retains all rights, title, and interest in and to the Service, including any improvements, modifications, or derivative works thereof. Both Parties acknowledge that the license to the Service does not confer upon the Licensee any ownership rights in the Service or its underlying intellectual property. The Licensee undertakes not to remove, alter, or obscure any copyright, trademark, or proprietary notices contained in or on the Service.

3.1 Data Ownership

The Licensee retains full ownership of all data, content, and information uploaded or transmitted through the Service.

3.2 Data Collection and Processing

In accordance with this Agreement and for the purposes of its proper execution, the Licensor shall collect and process certain data and information pertaining to the Licensee. This may include, but is not limited to, First name, Surname, Email address, Physical address and Phone number.

3.3 Data Responsibility

The Licensee bears sole responsibility for ensuring the accuracy, legality, and appropriateness of any data or content uploaded to the Service.

3.4 Security Measures

The Licensee shall implement and maintain appropriate security measures to safeguard its data and ensure the confidentiality, integrity, and availability of its information when utilizing the Service.

3.5 Unauthorized Access

The Licensee is strictly prohibited from accessing, retrieving, or storing any data or information from the Service that it is not expressly authorized to access, or that belongs to the Licensor or any third parties.

3.6 Third-Party Integration

The Licensee acknowledges that the Service may integrate or interact with third-party products, services, or platforms. The Licensee agrees to comply with the terms and conditions of any third-party products or services used in conjunction with the Service.

3.7 Account Security

The Licensee shall be responsible for maintaining the confidentiality of its user account(s), password(s), and any other login credentials associated with the Service. The Licensee agrees not to share, disclose, or permit any unauthorized use of its user accounts or credentials. The Licensee shall promptly notify the Licensor of any unauthorized use, suspected security breaches, or any other unauthorized activity related to the Licensee's user accounts or credentials.

3.8 Data Retention

Upon termination or expiration of this Agreement, the Licensor reserves the right to retain certain data pertaining to the Licensee for a reasonable period, as necessary to comply with legal obligations or for legitimate business purposes.

4.1 The Licensee agrees to remit payment to the Licensor for the current subscription fee for the use of the Service, in accordance with the terms set forth in this Agreement.

4.2 In the event that the Licensee fails to render payment within twenty (20) calendar days from the payment due date, the Licensor reserves the right to suspend the Licensee's subscription and deactivate the Licensee's application.

4.3 The Licensee acknowledges and agrees that all payments made are non-refundable.

5.1 Availability Target

The Licensor commits to maintaining an uptime of 99.5% during regular Swedish business hours.

5.2 Service Level Targets

The Licensor targets endeavors to meet the following service level targets for issue resolution, based on priority and environment:

5.3 Critical Issues in Production

Resolution or provision of an acceptable workaround within one (1) business day.

5.4 Non-Critical Issues in Production

Resolution within five (5) business days.

5.5 No guarantees are made regarding resolution times. Issue resolution depends on complexity, severity, and resource availability.

6.1 Support

Both parties acknowledge that the primary channels for obtaining answers to questions related to functionality and operation are the publicly available documentation accessible at Busserz website.

6.2 The Licensor provides support services on a best-effort, asynchronous basis within regular Swedish business hours: Monday to Friday, 09:00 to 16:00. There is no guaranteed availability or response during daytime hours.

6.3 Both parties agree and confirm that the Licensor's technical support obligations are limited to issues directly related to the Service's functionality, features, and configuration. The Licensor does not guarantee that all technical issues can be resolved or that the Service will be entirely error-free. However, the Licensor commits to making commercially reasonable efforts to resolve reported issues within a reasonable timeframe and to provide updates to the Licensee regarding the status of the resolution process.

6.4 Technical support does not encompass training of the Licensee's personnel or the provision of professional services beyond the scope of this Agreement. The Licensor may offer separate training or consulting services, subject to a separate agreement and applicable fees.

6.5 Support Exclusions

Any IT consulting related to the implementation or extensive use of the Service, beyond the support described above, falls outside the scope of this Agreement and is considered a paid service. This includes, but is not limited to:

1. Functional and scenario-based support
2. Consulting on various methods of implementing the Licensee's Product
3. Integration of third-party systems or services
4. Tailoring workflows to fit the Licensee's specific operational needs
5. Infrastructure setup (including cloud or on-premises environments)
6. Data migration
7. In-depth custom development of new features or enhancements

6.7 Should the Licensee require assistance with platform customization, implementation of unique business requirements, complex integrations, system architecture design, performance optimization, business process automation, or compliance-related adaptations, a separate paid agreement will be required.

6.8 Feature and New Integrations Development

If integration with a third-party vendor or other functionality not covered by the Service is required, the Licensee shall be solely responsible for developing such integrations using the Service's APIs. The Licensee may refer to the Licensor's API documentation for guidance.

6.9 The Licensor does not guarantee the release of new features within any specific time frame. New features, once developed, shall be made available to all Licensees simultaneously.

6.10 The Licensee acknowledges that timely review of the Release Notes is essential for maintaining the Service's effectiveness and security. Failure to review the Release Notes may result in delays in deploying updates or potential disruptions in the Service's functionality. The Licensor shall not be held responsible for any consequences arising from the Licensee's failure to review the Release Notes in a timely manner.

7.1 Commencement and Duration

This Agreement shall commence on the date of its acceptance by the Licensee and continue until terminated as provided herein. The Effective Date of this Agreement corresponds to when the Licensee clicks "I agree."

7.2 Termination for Material Breach

Either Party may terminate this Agreement with immediate effect in the event the other Party materially breaches any term of this Agreement and fails to remedy such breach within thirty (30) days of receiving written notice specifying the breach.

7.3 Post-Termination Obligations

Upon termination of this Agreement:

1. The Licensee's subscription to the Service shall be automatically canceled.
2. The Licensee's rights to access and use the Service shall immediately cease.
3. The Licensee shall promptly return or, at the Licensor's request, destroy all confidential information, proprietary materials, and any other property of the Licensor in the Licensee's possession or control.

8.1 Both Parties acknowledge that during the term of this Agreement, they may gain access to certain confidential and proprietary information of the other Party. Each Party agrees to maintain the confidentiality of such information and refrain from disclosing or using it for any purpose other than as required for the performance of this Agreement.

9.1 The Service is provided "AS IS" without warranty of any kind, whether express, implied, or statutory. The Licensor expressly disclaims all warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Licensor does not warrant that the Service will be error-free or uninterrupted. The Licensee acknowledges that the Service may not satisfy all of the Licensee's requirements or be compatible with the Licensee's systems. The Licensee assumes all risks and responsibility for the selection, use, and results obtained from the Service.

10.1 Under no circumstances shall the Licensor be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with this Agreement, including, but not limited to, loss of revenue, profits, or data.

10.2 The limitations of liability contained herein reflect the allocation of risk between the Parties. The Parties agree that these limitations of liability constitute an essential basis of the bargain between the Parties and shall apply regardless of whether any limited remedy fails its essential purpose. The aforementioned limitations of liability shall not apply to any liability that cannot be excluded or limited by applicable law.

10.3 The Licensee agrees to indemnify, defend, and hold harmless the Licensor from and against any claims, liabilities, damages, losses, costs, expenses, or demands, including reasonable attorneys' fees, arising out of or in connection with its use of the Service, violation of any term of this Agreement by the Licensee, or any violation of the rights of a third party by the Licensee.

10.4 Liability Cap

The total aggregate liability of the Licensor arising out of or in connection with this Agreement shall not exceed the total fees paid by the Licensee to the Licensor during the twelve (12) months preceding the event giving rise to the claim.

11.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations.

11.2 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

12.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden.

12.2 Any dispute, controversy, proceeding, or claim between the Parties arising out of or relating to this Agreement, including any questions regarding its existence, validity, or termination, shall be resolved initially through negotiations within thirty (30) calendar days after one of the Parties has notified the other of the dispute(s) and initiated negotiations.

12.3 In the event that such disputes cannot be resolved through negotiations, any disputes arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved according to the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be Swedish.

13.1 This Subscription Policy governs the subscription services related to the Licensee's use of the Service.

13.2 The Licensor reserves the right to modify subscription plans at any time. However, the Licensor commits to maintaining the Licensee's current subscription plan until the end of the ongoing billing term.

13.3 The Licensee is obligated to remit a monthly subscription fee commencing from the day following the activation and launch of the Licensee's Space.

13.4 Non-Refundable Payments

All payments made by the Licensee for the use of the Service are non-refundable. The Licensor does not provide prorated refunds for canceled subscription plans. Subscription fees automatically become due at the conclusion of each paid subscription period. Consequently, all subscription fees will continue to be charged unless the Licensee has explicitly requested a subscription cancellation.

14.1 The Licensor reserves the right to suspend the Licensee's subscription and deactivate the Licensee's application if payment is not received within twenty (20) calendar days from the payment due date.

14.2 The Licensor reserves the right to terminate the Licensee's subscription and delete the Licensee's content if payment is not received within sixty (60) calendar days from the payment due date.

14.3 The Licensor reserves the right to cancel the Licensee's subscription at any time if there is reasonable suspicion that the Licensee's subscription purchase was fraudulently made or the Licensee's account was fraudulently established.

14.4 In the event of subscription cancellation by the Licensor due to non-payment of fees or charges as specified in this Agreement, such cancellation shall not constitute termination of the Agreement. Notwithstanding the subscription cancellation, the Licensee shall remain liable for any overdue payments or outstanding fees accrued up to the date of subscription cancellation. The Licensor reserves the right to pursue legal remedies to recover any outstanding amounts owed by the Licensee.