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Terms of Service

Last updated on June 28, 2023 

  1. Terms and conditions 
    These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the subscriby.se website (“Website”), applications (“Applications”), mobile applications (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Subscriby Group AB (“Subscriby Group AB”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Subscriby Group AB, even though it is electronic and is not physically signed by you, and it governs your use of the Services. 
     

  2.  Subscriby Service Overview 

    1.  Subscriby provides You, as a store merchant, with certain hosted software to manage subscription payments and orders, recurring billing, and related services. 

    2.  You are solely responsible for all of the terms and conditions of the transactions conducted with Your customers, including, without limitation, terms regarding payment, subscriptions, returns, warranties, shipping, handling, transportation, storage, insurance, fees, applicable taxes, text messaging (if applicable), title and licenses, all of which must be in accordance with applicable law. 
       

  3. Eligibility 

    By agreeing to these Terms, You represent and warrant to us that if You are an individual: (a) You are at least 18 years old; (b) You are not currently and have not previously been suspended or otherwise removed from the Service; and (c) Your registration and Your use of the Service is and will remain in compliance with any and all applicable laws and regulations at all times. If You are an entity, organization, or company, the individual accepting these Terms on Your behalf represents and warrants that they have authority to agree and bind You to these Terms. 
     

  4. Accounts and membership
    You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. 

  5. General Payment Terms.  

    1. Certain features of the Service may require You to pay fees. Except as otherwise expressly stated in an active order form or these Terms, all payment obligations are non-cancellable and all fees are in SEK and are non-refundable. 

    2. Price.  
      Subscriby reserves the right to determine pricing for the Service. Unless otherwise expressly set forth in an active order form, Subscriby, at its sole discretion, may change the fees for any feature of the Service, including additional fees or charges, on a going-forward basis. Subscriby, at its sole discretion, may make promotional offers with different features and pricing to any of Subscriby’s customers. These promotional offers, unless made to You, will not apply to the Service we provide to You or these Terms as between Subscriby and You. If the pricing for the Subscription Fee or Your Subscription Service (as such terms are defined in Section 4.4 below) increases, we will notify You, and provide You with an opportunity to change Your Subscription Service before applying those changes to Your account or charging Your payment details in connection with an automatic renewal. The notification will inform You of how long You have to change Your Subscription Service before the changes are applied to Your account. 

    3. Order Form  
      If You enter into an Order Form with Subscriby, You agree to pay for the Services on the pricing terms set forth in the order form during the term and any automatic renewal terms, as applicable, as set forth in the Order Form unless otherwise agreed upon in writing by both parties. 

    4. Authorization.  
      You authorize Subscriby to charge all sums for the orders that You make and any level of Service You select as described in these Terms or published by Subscriby, including all applicable taxes, to the payment method specified in Your account, which may include billing via an invoice from Subscriby. If You pay any such sums with a credit card, Subscriby may seek pre-authorization of Your credit card account prior to Your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Your purchase. 

    5. Delinquent Accounts.  

      Subscriby may suspend or terminate Your access to the Service, including fee-based portions of the Service, if any amount in Your account is due but unpaid. In addition to amounts due for the Service, a delinquent account may be charged additional fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

    6. Customer Tokens and Order Creation
      Subscriby provides customers with the option to use Klarna's services for payment and order processing. When you choose to use Klarna's services, it's essential for you, the customer, to understand how we handle and use customer tokens and how they contribute to order creation. By using our services and opting for Klarna's payment options, you agree to the terms outlined in this section.

    7. Customer Tokens: Customer tokens are unique identifiers generated by Klarna that enable secure and seamless payment processing. These tokens act as substitutes for your sensitive payment information, such as credit card details, ensuring that your data remains secure and private. By utilizing customer tokens, you authorize us to create and store these tokens on your behalf.

    8. Token Usage and Order Creation: When you make a purchase on our platform and choose Klarna as your payment method, we will use the customer tokens associated with your account to facilitate the order creation process. These tokens allow us to process payments efficiently and create orders without requiring you to re-enter payment details for each transaction.

    9. Data Protection and Security: We take data protection and security seriously. Your personal and financial information is encrypted and stored securely in accordance with industry standards. We do not have access to or store your sensitive payment details directly on our servers, as Klarna handles this information on our behalf through the customer tokens.

    10. Consent and Opt-Out: By agreeing to these terms and using Klarna's payment services, you consent to the generation and use of customer tokens as described in this section. If you wish to opt-out of using Klarna's services or have any concerns regarding customer tokens, please contact our customer support team to explore alternative payment options.

    11. Klarna's Terms and Privacy Policy: Klarna, as a third-party payment service provider, has its own terms of service and privacy policy governing the use of its services, including the issuance and management of customer tokens. It is your responsibility to review and agree to Klarna's terms and privacy policy before using their services.
       

  6. Licenses 

    1. Limited License.  
      Subject to Your complete and ongoing compliance with these Terms, Subscriby grants You, solely for Your access to and use of the Service, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. 

       

    2. License Restrictions.  
      Except and solely to the extent such a restriction is impermissible under applicable law, You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service, except as expressly permitted or directed by Subscriby; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. For the avoidance of doubt, if You are prohibited under applicable law from using the Service, You may not use it. 

       

    3. Feedback.  
      If You choose to provide input and/or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), whether or not such Feedback is provided in response to a request from Subscriby, then You hereby grant Subscriby an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to freely use and exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. 

       

    4. Scripts.  

      Subscriby may, in its discretion, make available certain code (“Scripts”) to be copied and pasted and, solely to the extent expressly permitted by Subscriby, customized and/or otherwise modified by You (for example, to enable integrations with partners). You agree not to customize and/or modify Scripts except to the extent expressly permitted by Subscriby. You agree Subscriby bears no responsibility for Scripts that You may customize or modify, and You take full responsibility for any liability arising in connection with any such customized and/or modified Scripts. To the extent that You obtain any ownership in any customization or modification that You may make to a Script as authorized hereunder, You agree that this shall not affect the ownership rights in such Script, and You hereby grant Subscriby a perpetual, irrevocable, fully-paid, transferable, sublicensable, worldwide right and license under any intellectual property rights that You may own in all such customizations and modifications.  For the avoidance of doubt, Scripts and any improvements and/or modifications that we make to such Scripts are owned by Subscriby and protected by intellectual property and other relevant laws. 
       

  7. Data 

    1. Data Privacy 

      Our Data Processing Addendum is incorporated by this reference into, and made a part of, these Terms. Data Processing Addendum carefully for information relating to our collection, use, storage, and disclosure of Personal Information (as defined therein). The Subscriby Privacy Policy is incorporated by this reference into, and made a part of, these Terms. Additionally, if: (a) You are established in the United Kingdom (“UK”) or European Economic Area (“EEA”); (b) You provide goods or services to customers in the UK or EEA; (c) You are otherwise subject to the requirements of the UK or EEA privacy laws; or (d) You are subject to the requirements of applicable local privacy law, Subscriby’s collection and use of personal information is also subject to our Privacy PolicyPlease read the Subscriby

       

    2. Subscriby may collect and analyze information related to Your account including, without limitation, information relating to the provision, use and performance of various aspects of the Service and related systems and technologies, as well as information concerning Your Content (as defined below in Section 9) and data derived therefrom, for any purpose including the legitimate business purposes of providing and improving the Service (subject to Section 6.1 with respect to Personal Information). Subscriby may improve the Service through product development, account traffic monitoring, diagnostic testing, and corrective actions. 
       

  8. Ownership; Proprietary Rights 
    As between You and Subscriby, the Service is owned and operated by Subscriby. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), Scripts, products, software, services, and all other elements of the Service (“Materials”) are protected by intellectual property and other relevant laws. All Materials included in the Service are the property of Subscribyor its third-party licensors. Except as expressly authorized by Subscriby, including under these Terms, You may not access or make use of the Materials. Subscriby reserves all rights to the Materials not granted expressly in these Terms. 
     

  9. Third Parties 

    1. Third-Party Services.  
      Certain features and functionalities within the Service may allow You and Your customers to interface or interact with, access, use, and/or disclose information to compatible third-party services, products, technology and Content (collectively, “Third-Party Services”) through the Service. Subscriby does not provide any aspect of the Third-Party Services and does not assume any liability arising in connection with any use of such Third-Party Services, including any compatibility issues, errors, or bugs in the Service or the Third-Party Services that may be caused in whole or in part by the Third-Party Services or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for You to use the Third-Party Services in connection with the Service. 

      1. Third-Party Services and Linked Websites.  
        Subscriby may provide tools through the Service that enable You to export information to a Third-Party Service. By using one of these tools, You agree that Subscriby may transfer that information to the applicable Third-Party Service. You acknowledge and agree that the Third-Party Service is not under Subscriby’s control, and, to the fullest extent permitted by law, Subscriby is not responsible for any Third-Party Service’s use of any exported information. The Service may also contain links to third-party websites. Linked third party websites are not under Subscriby's control, and Subscriby is not responsible for their content. 

         

    2. Third-Party Software.  

      The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to You subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict You from obtaining Third-Party Components under the applicable third-party licenses or to limit Your use of Third-Party Components under those third-party licenses. 
       

    3. Authorized Service Providers 
      You may utilize an Authorized Service Provider (as defined below) to integrate into and/or implement the Service (or components thereof, including our API) and provide services related thereto. 
       

      1. You may utilize an Other Service Provider (as defined below) to integrate into and/or implement the Service (or components thereof, including our API) and provide services related thereto, provided, that, You shall be responsible for such Service Provider’s compliance with these Terms as if such Service Provider was a party hereto. To the fullest extent permitted by law, You will indemnify and hold the Subscriby Entities (as defined below) harmless from and against any and all liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, incurred by the Subscriby Entities related to any claim, suit, action or proceeding brought by a third party arising out of or connected with Your use of any Other Service Provider for purposes of the integration and/or implementation of the Service (or components thereof, including our API). 

         

      2. In such event, You and such Authorized Service Provider or Other Service Provider, as applicable, are solely responsible for all costs or expenses arising out of the use of such Authorized Service Provider or Other Service Provider, as applicable. No Authorized Service Provider or Other Service Provider shall have any authority or ability to exercise any control, including any business or technical control, over the Service. 

         

      3. “Authorized Service Provider” means those individuals, agencies, companies and entities that Subscriby has a contractual relationship with. 

         

      4. “Other Service Provider” means those individuals, agencies, companies, and entities that (i) are not competitors of Subscriby(as determined in its sole discretion); (ii) are providing services to You pursuant to an enforceable agreement with You, consistent with general industry standards; (iii) agree to be bound by these Terms as if a party hereto; and (iv) access and use the Service solely for Your benefit. 
         

  10. Your Content and Responsibility 

    1. Content Generally.  
      Certain features of the Service may permit You to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“Content”) and to publish Your Content on the Service. You retain any copyright and other proprietary rights that You may lawfully hold in Your Content. 

       

    2. Limited License Grant to Subscriby.  
      By uploading or otherwise publishing or providing Content to or via the Service, You grant Subscriby a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, process, or modify for the purpose of formatting for display, and distribute such Content, in whole or in part, in any media formats and through any channels now known or hereafter developed. 

       

    3. Limited License Grant to Other Users.  
      By uploading or otherwise publishing or providing Content to or via the Service to other users of the Service, You grant those users a non-exclusive license to access and use such Content as permitted by these Terms and the functionality of the Service. 

       

    4. Content Representations and Warranties.  

      Subscriby disclaims any and all liability in connection with all Content that You upload or otherwise publish or provide to or via the Service. You are solely responsible for all Content that You upload or otherwise publish or provide to or via the Service and the consequences of uploading or otherwise publishing or providing such Content to or via the Service. By uploading or otherwise publishing or providing any Content to or via the Service, You affirm, represent, and warrant that: 

      1. You are the creator and owner of all Content that You upload or otherwise publish or provide to or via the Service, or have the necessary licenses, rights, consents, and permissions to authorize Subscriby and users of the Service to use and distribute such Content as necessary to exercise the licenses granted by You in this Section, in the manner contemplated by Subscriby, the Service, and these Terms; 

      2. All Content that You upload or otherwise publish or provide to or via the Service, and the use of such Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Subscriby to violate any law or regulation; and 

      3. All Content that You upload or otherwise publish or provide to or via the Service could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. 

         

    5. Content Disclaimer.  
      We are under no obligation to edit or control Content that You or other users post or publish, and are not and will not be in any way responsible or liable for such Content. Subscriby may, however, at any time and without prior notice, screen, remove, edit, or block any Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. You understand that when using the Service, You will be exposed to Content from a variety of sources and acknowledge that such Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable right or remedy You have or may have against Subscriby with respect to such Content. If Subscriby is notified by a user or Content owner that such Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice. For clarity, Subscriby does not permit copyright-infringing activities in connection with the Service. 

       

    6. Monitoring Content.  
      Subscriby does not control and does not have any obligation to monitor: (a) Content, including any Content made available by third parties; or (b) the use of the Service by Your customers. You acknowledge and agree that Subscriby reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Subscriby chooses to monitor any Content, Subscriby still assumes no responsibility or liability for Content or any loss or damage incurred as a result of the use of such Content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. 

       

    7. Backups 
      We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available. 

       

    8. Your Use of the Service.  

      You agree to comply with all applicable laws and regulations applicable to Your use of the Service, including, but not limited to, any and all requirements and obligations under applicable automatic renewal and data protection laws and regulations. 
       

  11. Email Communications 
    We may send You emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions directly in the promotional email. 

  12. Prohibited Conduct.  
    BY USING THE SERVICE YOU AGREE NOT TO: 

    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law; 

    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; 

    3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; 

    4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; 

    5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission; 

    6. sell or otherwise transfer the access or other rights granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or 

    7. attempt to do any of the acts described in this Section or permit any person to engage or assist any person in engaging in any of the acts described in this Section. 
       

  13. Modification of these Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Subject to Section 4, revisions will be effective immediately except that, for existing users, material revisions will be effective the earlier of (i) Your assent to the updates or (ii) 30 days after the earlier of posting or notice to You of such revisions unless otherwise stated. If a change to these Terms materially modifies Your rights or obligations, as determined in our sole discretion, we may require that You accept the modified Terms in order to continue to use the Service. If You do not agree to the modified Terms, You should remove all Content that You uploaded or otherwise published or provided to or via the Service and discontinue Your use of the Service. Except as expressly permitted in this Section, as between You and Subscriby, these Terms may be amended only by a written agreement signed by authorized representatives of each of You and Subscriby. 
     

  14. Term, Termination and Modification of the Service 

    1. Term.  
      These Terms are effective beginning on the earlier of when You accept the Terms, or first download, install, access, or use the Service, and shall end when terminated as described in this Section 16. If You violate any provision of these Terms, Your authorization to access the Service and these Terms shall automatically terminate. In addition, unless an active Order Form specifies a Service term length, Subscriby may, at its sole discretion, terminate these Terms or Your account on the Service, or suspend or terminate Your access to the Service, at any time for any reason or no reason, with or without notice. Unless You have agreed otherwise in an active Order Form, You may terminate Your account and these Terms at any time by initiating the cancellation process in Your account or

       

    2. Termination for Cause.  
      Either party may terminate these Terms (including all related active Order Form) upon written notice to the other party for: (i) failure to cure any material breach of these Terms within thirty (30) days after written notice; (ii) ceasing operation without a successor; or (iii) becoming the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise. 

       

    3. Early Termination. 
      If You terminate use of the Service pursuant to a Order Form for any reason prior to the end of the term specified in such Order Form, then as a genuine pre-estimate of Subscriby's damages, and not as a penalty, Subscriby will have the right to charge You any oustanding fees. The parties expressly agree that the damages which Subscriby might reasonably anticipate to be sustained by Subscriby upon any such termination are difficult to ascertain and measure because of their indefiniteness or uncertainty and that the amount set forth above is a reasonable estimate of the damages that would likely be caused and shall be due regardless of proof of actual damages. 

       

    4. Effect of Termination.  
      Upon any termination of these Terms: (a) Your license rights under these Terms will terminate and You must immediately cease all use of the Service; (b) You will no longer be authorized to access Your account or the Service; (c) You will no longer have access to any Content that You uploaded or otherwise published or provided to or via the Service; and (d) You must pay Subscriby any unpaid amount that was due prior to termination. Additionally, upon any termination of these Terms, You must promptly: (i) stop using or distributing any Materials or Scripts that may be installed on any user property and (ii) delete (or, at our request, return) any and all copies of the Materials and Scripts, any Subscriby documentation, and any other Subscriby Confidential Information (as defined below) in Your possession, custody, or control. 

       

    5. All sections of these Terms which by their nature should survive termination will survive termination of these Terms, including but not limited to, all payment obligations accrued prior to termination, confidentiality obligations, indemnification, warranty disclaimers, dispute resolution and arbitration provisions and limitations of liability. 
       

  15. Modification of the Service.  

    Subscriby reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. Subscriby will have no liability for any change to the Service or any suspension or termination of Your access to or use of the Service. 
     

  16. Publicity.  

    You grant Subscriby a non-exclusive, transferable, sub-licensable and royalty-free right and license to use the name(s), logo(s) and trademark(s) of You and Your store(s) to identify You in Subscriby's marketing materials and website as a Subscriby customer; provided, that such usage by Subscriby will be in accordance with Your then-existing usage guidelines (as communicated in writing by You to Subscriby). You acknowledge and agree that Subscriby does not certify or endorse, and has no obligation to certify or endorse, any of Your products, services or Content. 
     

  17. Indemnity.  

    To the fullest extent permitted by law, You are responsible for Your use of the Service, and You will indemnify and hold harmless Subscriby and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Subscriby Entities”) from and against any and all liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, incurred by the Subscriby Entities related to any claim, suit, action or proceeding brought by a third party arising out of or connected with: (a) Your unauthorized use of, or misuse of, the Service; (b) Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between You and any third party in connection with these Terms or the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with our defense of those claims. 
     

  18. Disclaimers; No Warranties.  

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SUBSCRIBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SUBSCRIBY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SUBSCRIBY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY OF THE SUBSCRIBY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SUBSCRIBY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER PROVIDER OR USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING YOUR CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUBSCRIBY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SUBSCRIBY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 

  19. Limitation of Liability 

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SUBSCRIBY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUBSCRIBY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 

    2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SUBSCRIBY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SUBSCRIBY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE APPLICABLE CLAIM; OR (B) $100. 

    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SUBSCRIBY TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

    4. BECAUSE SOME STATES OR JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) MAY NOT ALLOW EXCLUSIONS OR DISCLAIMERS OF REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE MATTERS SET FORTH IN THESE TERMS, THOSE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT. 
       

  20. Dispute Resolution  

    The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Sweden without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Sweden. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Sweden, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 
     

  21. Confidentiality 

    1. Confidential Information. For the purposes of these Terms, each party (“Disclosing Party”) may provide the other party (“Receiving Party”) with certain information (“Confidential Information”) in whatever form (written, oral or visual) that is designated by Disclosing Party as proprietary or confidential, or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. For the avoidance of doubt, the Service, all Subscriby developer or administrator documentation guides for and provided with the Service, as may be updated by Subscriby from time to time, and all enhancements and improvements thereto, will be considered Confidential Information of Subscriby. 
       

    2. Protection of Confidential Information. Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except for exercising its rights and performing its obligations under these Terms. Receiving Party will limit access to the Confidential Information to those of its employees, representatives, and contractors who: (i) have a need to know such Confidential Information in furtherance of the provision or receipt of the Service, as applicable, and (ii) who are subject to confidentiality obligations no less restrictive than those set forth herein. In addition, Receiving Party will protect Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than a commercially reasonable degree of care. At Disclosing Party’s request or upon termination of these Terms, Receiving Party will return to Disclosing Party or destroy (or permanently erase in the case of electronic files) all copies of the Confidential Information that Receiving Party does not have a continuing right to use under these Terms, and, upon request, Receiving Party shall provide to Disclosing Party written notice certifying compliance with this sentence, unless prohibited by applicable law. 

    3. Exceptions. The confidentiality obligations set forth in this Section 24 will not apply to any information that: (a) is or becomes generally available to the public through no fault of Receiving Party; (b) is lawfully provided to Receiving Party by a third party free of any apparent confidentiality duties or obligations; (c) was already known to Receiving Party without restriction at the time of disclosure; or (d) was independently developed by Receiving Party without use or reference to the Confidential Information. Receiving Party may disclose Confidential Information if compelled or required to do so by law or by the order of a court or similar judicial or administrative body, provided that Receiving Party promptly (to the extent legally permitted) notifies Disclosing Party in writing of such required disclosure so that Disclosing Party may, at its own cost and expense, seek an appropriate protective order. 

    4. Remedies. Any breach or threatened or attempted breach of this Section 24 may result in immediate, irreparable harm for which monetary damages would be an inadequate remedy. If a court of competent jurisdiction finds that Receiving Party has breached (or attempted or threatened to breach) any of the obligations set forth in this Section 24, Receiving Party agrees that, without any additional findings of irreparable injury or other conditions to injunctive relief, it will not oppose the entry of an appropriate order compelling its performance and restraining it from any further breaches (or attempted or threatened breaches). 
       

  22. Beta Offerings.  

    From time to time, Subscriby may, in its sole discretion, invite You to use, on a trial basis, pre-released or beta features that are in development and not yet available to all customers (“Beta Offerings”). Beta Offerings are not part of the Service, and Beta Offerings may be subject to additional terms and conditions, which Subscriby will provide to You prior to Your use of the Beta Offerings, as applicable. Such Beta Offerings and all materials relating thereto will be considered Confidential Information and subject to the confidentiality provisions in these Terms. Without limiting the generality of the foregoing, You agree that You will not make any public statements or otherwise disclose Your participation in the Beta Offerings without Subscriby's prior written consent. Subscriby makes no representations or warranties that the Beta Offerings will function. Subscriby shall not be responsible for any liabilities, damages, losses, costs, or expenses arising out of or in connection with a Beta Offering. Subscriby may discontinue a Beta Offering at any time, in its sole discretion, or decide not to make a Beta Offering generally available.
     

  23.  Miscellaneous

    1. General Terms.  

      These Terms, together with any agreements, terms or policies expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between You and Subscriby regarding Your use of the Service. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 
       

    2. Additional Terms.  

      Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. 
       

    3. Consent to Electronic Communications.  

      By using the Service, You consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to You electronically will satisfy any legal communication requirements, including that those communications be in writing. 
       

    4. No Support.  

      Unless otherwise agreed to between You and Subscriby, we are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. In addition, You are responsible for providing customer service (if any) to Your customers. We will not provide any support or services to Your customers unless we have a separate agreement with You obligating us to provide support or services. 
       

    5. International Use.  

      The Service is hosted from the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. 
       

    6. Contacting us 
      If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: info@subscriby.se 
       

  24. Acceptance of these terms 
    You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

     

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