Valid from 2025-05-02

1. Introduction

ActiCal AB (“ActiCal”, “we” or “us”), with organization number 559461-4017, provides software and related services (“the Services”). By ordering the Services, the customer (“the Customer”, “you”) accepts these general terms and conditions (“the Agreement”).

2. Definitions

• Services: Software and related services provided by us to you.
• User: Person who has (full or limited) access to the Services.
• Account Owner: User who has full control over the Customer’s software and agreement.
• Personal Data: For example, name, email, personal identification number, phone number, and usage history.
• Customer Data: All data that the Customer or Users store in the Services.
• Subscription Period: Agreed period for access to the Services, for example, a date interval of 1 month or 12 months.
• Fixed Cost: The agreed cost for a Subscription Period excluding Additional Costs.
• Additional Cost: An extra fee that is added beyond a fixed cost and depends on actual use of a certain function or resource.
• Payment Method: For example, invoice or card payment.

3. Term of Agreement and Termination

The Agreement applies from the time the Services are ordered during the Subscription Period. The Agreement is automatically extended by one Subscription Period at a time unless the Agreement is terminated no later than 30 days before the end of the Subscription Period. The Agreement can be terminated by us or you. Upon termination, the automatic extension of the Agreement ceases. Termination must be made in writing.

4. Services

4.1

The Customer receives a non-transferable right to use the Services within its own operations.

4.2

The Customer is responsible for ensuring that only authorized Users are given access to the Services. The Customer also bears responsibility for all use of the Services that occurs as a result of an unauthorized person gaining access through a User’s negligence, for example, through the use of a weak password or an unattended device with access to the Services.

4.3

ActiCal reserves the right to temporarily restrict access to the Services for technical maintenance or security measures.

4.4

The Services must not be used in violation of applicable law, or to store or distribute illegal, offensive, or harmful material.

4.5

ActiCal continuously works to improve and develop the Services and has the right to unilaterally decide when and how further development, improvement, or technical adaptations of the Services shall occur. This also includes the right to cease offering individual products or services. In the event of changes that are expected to entail a significant disadvantage for the Customer, ActiCal undertakes to notify thereof no later than three (3) months in advance. You have the right to terminate the Agreement regarding the services affected by the change. In such a case, the Agreement regarding the products or services that have been terminated ceases no later than when the change takes effect.

4.6

ActiCal has the right to take necessary measures such as restricting or suspending one or more specific Users’ access to the Services if the provision of the Services means that ActiCal or any of our customers risks suffering damage. Such risk exists, for example, but not exclusively, in the event of suspected breach of the Agreement, suspected security risks, or misuse of the Services.

5. Fees and Payment

5.1

The Customer is charged in advance for the Fixed Cost each Subscription Period. The Customer is charged in arrears for any Additional Costs.

5.2

The Customer receives an Invoice issued regardless of payment method. The payment terms are governed by the chosen payment method. For card payment, the payment terms are 0 days. For e-invoice, email invoice (PDF), or paper invoice, the payment terms are 30 days.

5.3

In the event of non-payment 30 days after the invoice’s due date, access to the Services for the Customer and its Users is restricted until payment has been received and processed by us.

5.4

Refund for paid Subscription Period occurs only if you terminate the agreement as a result of a service being removed or changed in the manner specified in the Agreement. We will only refund the portion of the Fixed Cost that corresponds to the remaining part of the agreement term minus any Additional Costs.

6. Availability and Support

6.1

ActiCal strives to provide the software with an availability of at least 99.5% per quarter.

6.2

We offer you technical support. You are expected to handle the technical support through your Account Owner. We do not offer support to your Users.

7. Processing of Personal Data

7.1

ActiCal processes personal data in the role of data processor according to the General Data Protection Regulation (GDPR) and in accordance with the data processing agreement found on the page Data processing agreement.

7.2

The Customer is the data controller and is responsible for informing its users about the processing and for ensuring that there is a legal basis for registering data.

7.3

More information about our processing of personal data, including the use of sub-processors and data protection measures, is available in our privacy policy.

8. Liability and Limitation of Liability

8.1

Each party is liable for damage that has arisen due to breach of the Agreement.

8.2

ActiCal is not liable for indirect damages such as lost income, data, or production.

8.3

ActiCal’s liability for damages is limited to one base amount per 12-month period.

9. Intellectual Property Rights

All copyright and other intellectual property rights to the Services belong to ActiCal. The Customer may not copy, modify, or reuse the Services without written permission.

10. Force Majeure

ActiCal is not liable for loss or damage that you may suffer if our ability to fulfill the Agreement has been prevented or substantially hindered by circumstances beyond ActiCal’s control. Examples of such may include labor dispute, even if we ourselves take or are subject to such action, war, rebellion or riot, pandemic or epidemic, mobilization or unforeseen military call-ups, requisition, seizure, currency restrictions, export or import restrictions, earthquake, lightning strike, fire, flood or water damage, general shortage of goods or shortage regarding means of transport, legislation or government restrictions. If a force majeure situation lasts for a continuous period of more than ninety (90) days, you have the right to terminate the Agreement in writing with immediate effect.

11. Confidentiality

The parties undertake not to disclose confidential information to third parties without prior written consent, except as required by law or government decision.

12. Changes to the Agreement

ActiCal has the right to change these terms. Significant changes are notified no later than 30 days before taking effect. The Customer has the right to terminate the Agreement in the event of changes that are to a significant disadvantage for the Customer.

13. Dispute Resolution and Applicable Law

The Agreement shall be interpreted according to Swedish law. Disputes arising from this Agreement shall be finally settled by Swedish general court with Gothenburg District Court as the first instance.