Last updated: November 9, 2023
1.1 In these terms, you/your company are referred to as the Customer, and Senseworks AB, 559237-6593, Tvistevägen 47, 907 29 Umeå, is referred to as Senseworks.
1.2 The Service: Senseworks has developed a web-based service ("the Service") for processing, analyzing, and presenting financial data.
1.3 Business Hours: 8 AM – 5 PM CET
1.4 Customer's Data: Data or other information stored in the Service that the Customer, or someone on the Customer’s behalf, has entered or retrieved via an Integration Partner for the Customer’s use, as well as the results of the Service’s processing of the Customer’s data.
1.5 Statistics: Statistics generated by Senseworks within the scope of the Service provided to the Customer, derived from the Customer’s Data processed in the Service through anonymization and/or aggregation in such a way that any possibility of tracing the statistics back to an individual or legal entity is permanently and irreversibly prevented.
1.6 Integration Partner: An organization that provides Integration Services via an API that can be used with the Service and with which Senseworks has an agreement.
1.7 Integration Service: Services provided by the Integration Partner that can be connected to and used within the Service. A list of Integration Services that can be used with the Service from time to time is available on the Senseworks website.
2.1 Senseworks provides support via email and Teams on weekdays between 9 AM - 15 PM CET (closed for lunch from 12 PM - 1 PM CET).
2.2 Ongoing maintenance and updates are carried out by Senseworks and are included in the fee.
3.1 Senseworks provides the Customer with the Service in accordance with these general terms and conditions.
3.2 The Customer is responsible for ensuring that the information and data entered into the system is accurate, in the agreed format, and does not contain viruses or otherwise harm the Service or Senseworks' hardware or software.
3.3 The Customer is responsible for ensuring that the Customer's Data does not infringe on the rights of third parties. The Customer shall indemnify and hold Senseworks harmless against any claims from third parties alleging that the Service’s processing of the Customer’s Data violates their rights or applicable law.
3.4 The Customer is responsible for ensuring that login credentials and access codes to the Service are stored securely so that unauthorized persons cannot access them. The Customer must immediately notify Senseworks in writing if they suspect that unauthorized persons have or may gain access to the Service. The Customer is responsible for any misuse that occurs using the Customer’s login credentials.
3.5 Senseworks shall maintain a technical and organizational security level that is not lower than what can reasonably be expected from a provider of Senseworks' size, taking into account the type of information typically processed in the Service.
3.6 The Customer may only use the Service and associated software for its own business operations.
3.7 The Customer acknowledges that the Service may, from time to time, become unavailable due to planned and unplanned maintenance windows for necessary service and upkeep. Maintenance windows generally occur outside of Business Hours but may, in special cases, also take place during Business Hours. If a maintenance window needs to be scheduled during Business Hours, Senseworks will always inform the Customer via its website and email at least five (5) business days in advance. Senseworks shall take reasonable measures to minimize the duration of maintenance windows and any disruptions they may cause to the Customer.
4.1 Payment for the Service is made in advance, and the invoice must be paid on the first day of the contract period. The first invoice is issued either a) after the Customer has activated the Service following a trial period or b) in advance, with the due date set to the day the Service is intended to be activated, and the Customer receives an invitation to register for the Service. The fee for the Service must be paid for the entire contract period even if the Customer stops using the Service during the period; however, this does not apply if the Service is terminated during a trial period. Senseworks is entitled to charge late payment interest in case of delayed payment in accordance with the Interest Act.
4.2 The Customer shall pay compensation to Senseworks according to the price list available on Senseworks' website unless otherwise agreed. Senseworks reserves the right to update the applicable price list as the services develop. Senseworks also has the right to adjust the price of the Service if the number of users at the Customer changes. Furthermore, Senseworks is entitled to adjust prices if they are affected by factors beyond Senseworks' control, such as exchange rate fluctuations, taxes, or government-imposed charges.
4.3 Work carried out by Senseworks on behalf of the Customer outside the standard compensation will be charged at 1,800 SEK per started hour, excluding VAT. Senseworks will always inform the Customer before this compensation is requested.
5.1 The terms come into effect when the trial period begins and thereafter run for a contract period of twelve (12) months from the activation of the Service. The Agreement is automatically renewed in periods of twelve (12) months at a time. Either party may terminate the Agreement with at least three (3) months' notice before the end of a contract period.
5.2 Either party has the right to terminate this agreement with immediate effect if the other party (i) commits a material breach of the agreement and does not remedy the breach within thirty days of notification, or (ii) is declared bankrupt, suspends payments, or is otherwise deemed to be insolvent.
5.3 The Customer terminates the agreement through the Service or by email to Senseworks; Senseworks terminates the agreement by email to the Customer.
Upon termination of the Agreement, Senseworks shall, based on available resources and to a reasonable extent, assist the Customer in transferring the Customer's Data to the Customer or to another provider in such a way that the transfer causes as little disruption as possible for the Customer. Senseworks is entitled to compensation for the work performed in accordance with Senseworks' prevailing hourly rates.
7.1 The Customer is hereby granted a non-exclusive license to use the Service, as well as new versions and future updates thereof, within the scope of its business for the duration of the Agreement.
7.2 Senseworks owns all rights, including intellectual property rights, to the Service and the software used for the Service, as well as to the Statistics.
7.3 The Agreement does not entail the transfer of any copyright or other intellectual property rights between the Parties.
7.4 The Parties guarantee that their obligations under the Agreement do not infringe upon or otherwise violate any Third Party's trade secrets, copyrights, patents, or other intellectual property rights.
7.5 No rights to the Customer's Data are transferred to Senseworks under the Agreement.
8.1 The Customer owns all rights, including intellectual property rights, to the Customer's Data.
8.2 Senseworks undertakes to process the Customer's Data exclusively for the purpose of providing and supporting the Service during the term of the Agreement.
9.1 When the Customer wishes to import data from an Integration Service to the Service, the Customer is responsible for ensuring that Senseworks has the right to import the Customer's Data by either (A) having a valid agreement in place with the Integration Partner or (B) ensuring that the Customer's client has a valid agreement in place with the Integration Partner.
9.2 The Customer is responsible for ensuring that the imported data is complete and accurate.
9.3 Senseworks is not responsible for either Integration Partners or Integration Services. Senseworks is responsible for ensuring that it is technically possible to import data from Integration Services into the Service and that the imported data is correct based on Senseworks' implementation of the integration at any given time. The Customer acknowledges that Senseworks has no control over each respective Integration Service and that the Integration Partner may theoretically modify or shut down their APIs or encounter technical issues for various reasons that affect the quality or performance of their Integration Service, in which case Senseworks shall not be held liable.
9.4 The Customer may start or stop importing data from Integration Partners through the Service at any time during the contract period.
9.5 Senseworks has the right to suspend the ability to import data from one or more Integration Partners, either temporarily or permanently, without prior notice if:
9.5.1 The Integration Partner modifies its Integration Service in a way that affects Senseworks' ability to import data or provide the Service to the Customer; for example, through structural changes in how the Integration Service is delivered or commercial changes such as price increases that make it impossible for Senseworks to continue providing the Integration Service.
9.5.2 The agreement between the Integration Partner and Senseworks is terminated, or;
9.5.3 The Integration Partner excludes Senseworks from or restricts Senseworks' access to the Integration Service.
10.1 The parties undertake, without time limitation, not to disclose to any third party or use for their own benefit any information about the other party that they have obtained through these terms.
10.2 It is the responsibility of each Party to ensure that persons who may come into contact with Confidential Information are bound to maintain confidentiality to the same extent as required by this confidentiality undertaking.
10.3 In the event that a Party has reason to suspect that Confidential Information has been disclosed to a third party, it is the Party’s duty to make its best efforts to limit the damage and immediately inform the other Party.
10.4 However, this confidentiality obligation does not apply to confidential information that:
10.4.1 is publicly known or becomes publicly known in a manner other than through a breach of this Agreement;
10.4.2 the Party can demonstrate that they already knew before receiving it from the other Party;
10.4.3 the Party rightfully receives from a third party outside of this contractual relationship without any restrictions on the right to forward it;
10.4.4 the Party is obligated to disclose due to mandatory regulations, a court ruling, or another competent authority's decision; or
10.4.5 the Party is obligated to disclose due to applicable stock exchange regulations or any other recognized marketplace rule.
10.5 Senseworks has the right to mention the Customer as a user of the Service in connection with the marketing of its products or services, using the Customer's name and logo.
11.1 If a party is prevented from fulfilling its obligations under these terms due to circumstances beyond its control or unforeseeable events, such as labor disputes, lightning strikes, fire, changes in government regulations, government intervention, etc., this shall constitute a release from liability for damages and other possible consequences.
11.2 A party is not entitled to compensation for indirect damages, such as loss of profit, production downtime, loss of data, loss of goodwill, etc., unless the other party has caused these damages through intent or gross negligence.
12.1 Senseworks is in some cases the data controller and in other cases the data processor for the processing of personal data within the framework of the Service.
12.2 Senseworks' processing of personal data as a data processor is governed by the Data Processing Agreement entered into between the parties.
12.3 Senseworks' processing of personal data as a data controller is described in our privacy policy. Senseworks is the data controller for the processing of, among other things, users' login credentials and behavior within the framework of the Service, as well as for improving and developing our services.
13.1 The Customer does not have the right to transfer or assign their rights or obligations under these terms to a third party.
14.1 Updates to these terms will be published at https://senseworks.io/allmanna-villkor/. Information about changes to the general terms will be communicated via email at least one month before the new terms come into effect. The updated terms will replace these terms.
15.1 Any dispute arising from these terms shall be finally settled in accordance with Swedish law by a general court, with the first instance being the Stockholm District Court.