Aholic AB – Terms of Service
These terms and conditions (this “Agreement”) shall apply to the use of the Service owned and provided by Aholic AB, Swedish registration number 559114-9348, a company incorporated under the laws of Sweden and whose registered office is located at Kopparbegsvägen 10, 722 13, Västerås, SWEDEN. You may only use the Service if you accept to comply with this Agreement, so please read it carefully. If you act on behalf of an entity, you agree that the entity will be bound by this Agreement by your use of the Service and that you have the legal capacity to enter into this Agreement and act on behalf of the entity.
We reserve the right to, at any time and of any reason, amend this Agreement. You will be notified about all amendments by e-mail to your registered e-mail address, the amended Agreement will also be published at . All amended terms shall be effective thirty (30) days after they are initially posted on , or at the sooner date on which you are shown to have received it. If you do not accept such amendment you have an obligation to let Aholic know, the Agreement will then continue in the unamended form until the beginning of the following billing period, when your account and the Agreement will be terminated.
We may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Aholic” refers to our company, known as “Aholic AB”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Company” refers to the company who is a user of the Service for marketing purposes;
“Customer” refers to any person who is a user of the Service to receive advertising;
“Content” refers to all texts, graphics, videos, pictures and all other information that the User uploads, publishes or in other ways makes available for others at the Site or via the Service;
“Original Content” refers to original content of the Service, such as code, texts, graphics, videos, pictures and all other information provided by Aholic;
“Service” refers to the services that we provide, including but not limited to our app;
“Site” refers to our website;
“User” refers to any authorized user of the Service, including Companies and Customers;
“User Account” refers to the personal password protected account used to identify specific Users of the Service;
“You” refers to you or the entity you are representing, who/which is entering into this Agreement with Aholic;
“We” refers to Aholic AB.
2 THE SERVICE
The Service is an online tool for marketing products, which aims to help the Company reach out with their advertising to the right Customers.
3 USER ACCOUNTS
The User is solely responsible and liable for all access to and all actions and activities conducted under the User’s User Account. The User undertakes to immediately inform Aholic of any unauthorized use of the User Account.
Aholic reserves the right to suspend any User or terminate any User Account if activities occur which constitutes or may constitute a violation of the Agreement, Aholic’s instructions or of any applicable local or international law, rule or regulation. Each User may however cancel their own User Account at any given time, without regard to any period of notice.
The use of the Service is free for Customers. For Companies, the use of the Service will be charged per post viewed by an Aholic user in the Aholic app.
Fees for our Service are payable upon reaching the set limits on out Site or separately agreed upon. If a limit has not been reached by the end of the month the fee shall be paid at the end of that month. The fees are exclusive of VAT.
Aholic reserves the right to change the fees for the Service with thirty (30) days’ notice, whereby the new fees will apply the following month.
The Company shall pay all invoices within 10 days after the invoice date.
Interest on overdue payment shall accrue according to the Swedish Interest Act (Sw. räntelag (1975:635)), and collection fees will be charged when applicable. Aholic shall, in addition to other remedies, be entitled to suspend or terminate the Company’s access to the Service, until payment is made.
5 DURATION AND CANCELLATION
The Company may request cancellation of our Service at any time and the Agreement will remain in force until the expiry of the paid subscription period.
There will be no refund of payment for the ongoing Agreement period, however the Company’s access to the Service during the time left of the subscription will remain.
6 PROHIBITED USE OF SERVICE
The User shall use the Service for lawful purposes only. The User agrees not to use the Service for posting, transmitting or otherwise distributing illegal material.
The User agrees to, within the scope of the Service and in relation to Aholic, not defame, abuse, harass, threaten or otherwise violate the legal rights of others, including Aholic; not publish, post or in any other way express any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful; not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Aholic, the Service or the Users in any way; and not use programming codes or commands when communicating in the Service.
The Service includes functions for uploading, posting, linking, communicating, marketing and otherwise making Content available for other Users. The User is at all times responsible for the Content uploaded or otherwise made available at the Service.
By uploading Content to the Service, the User warrants that it is either the owner of the Content or that it holds a valid permission to such Content from the appropriate rights holder and that the Content, or the User’s use thereof, is in no way a violation of any national or international legislation.
Aholic makes no representation or warranty as to the accuracy, timeliness, quality, completeness, suitability or reliability of any information or data accessed on or through the Service. No information obtained from Aholic or the Service shall create any warranty if not expressly stated in the Agreement. Aholic does not examine or take any responsibility regarding the validity of information provided by Users.
Aholic is granted a non-exclusive right to use and publish Content, including but not limited to images, videos, text, logotype and trademark, submitted to the Service by Companies in the Aholic Apps, on the Site and for marketing purposes.
8 PERSONAL DATA
9 INTELLECTUAL PROPERTY RIGHTS
The Service and its Original Content, features, functionality, and design elements are and will remain Aholic’s, or, when applicable, its suppliers’, exclusive property. The User’s use of the Site and the Service is limited to the rights granted to the User under the Agreement. Aholic’s intellectual property may not be used in connection with any product or service without Aholic’s prior written consent.
The Site, the Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose inconsistent with the limited rights granted to the User under the Agreement.
The User shall indemnify Aholic for any damages or costs, including legal fees, caused Aholic by User’s wrongful use of the Services. Wrongful use shall include use of the Services in breach of the provisions of this Agreement, use of the Service in a way that is not intended and use of the Service that is otherwise obviously wrongful.
11 LIMITATION OF LIABILITY
Aholic does not guarantee uninterrupted, secure or error-free operation of the Service. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Aholic is not responsible for neither technical, hardware or software malfunctions, nor lost or unavailable network connections, downtime or disconnections from User Accounts.
Aholic is not responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User Accounts.
To the maximum extent permitted by applicable law, Aholic shall in no event be liable for any indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability arising out of or in connection with the Agreement. This shall include, but not be limited to, any loss of; profit, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible losses.
12 BREACH OF THE AGREEMENT
Should any User, use the Service in violation with the Agreement, Aholic shall have the right to: i) delete any Content produced by the User, ii) terminate the Agreement, and iii) receive a reasonable compensation for its losses connected to the User’s violation.
Aholic reserves the right to directly limit the use of or access to the Service and to block, restrict or delete any Content at any time, for any reason and without liability, if such use, access or Content constitutes or may constitute i) a violation of the Agreement in general or of any applicable local or international laws, rules or regulations, or ii) a risk of harming Aholic’s trademark, goodwill or reputation.
13 FORCE MAJEURE
Aholic and the User shall be relieved from any liability for and delay or failure to perform any obligation under this Agreement during such period and to the extent that the due performance thereof by either of the parties is prevented by reason of any circumstance beyond the reasonable control of the party (“force majeure”), such as war, warlike hostilities, labor disturbances, fire flood, or other circumstances of similar importance.
The party desiring to invoke an event of force majeure shall immediately provide the other party with a written notice.
If the performance of the Agreement is severely hindered for a longer period than tree (3) months due to a force majeure event, either party shall be entitled to terminate the Agreement with immediate effect. Upon termination due to a force majeure event, each party shall bear its own costs incurred by the termination.
15 GOVERNING LAW AND DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, between Aholic and a Company shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply, in the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
Disputes between Aholic and Customers shall be settled in accordance with normal procedural legislation. Unless otherwise prescribed by mandatory law, Västmanland district court shall be the first instance and Swedish law shall be applied to the dispute. If the Customer is the plaintiff, the Customer may instead choose arbitration in accordance with the above paragraph.