§ 1. General
The following general terms and conditions constitute a binding agreement (“User Agreement”) between Exacta Logistics AB, reg. no. 556624-9354 (“Exacta”) on the one hand, and user and/or purchaser of Exacta’s services (“Customer”), on the other hand.
Exacta provides the customer with Exacta Start, which is a website publishing tool through which the customer builds their own website, which is then stored on Exacta’s web server (“Service”).
The User Agreement is only valid if, in the event that the customer is an individual, it has been entered into by a customer who has reached the age of 18 at the time of the agreement, and in the event that the customer is a legal entity, it has been entered into by an authorized representative of the legal entity.
För de fall Kunden är underårig (under 18 år) är Användaravtalet endast giltigt om Kunden har erhållit nödvändigt samtycke från vårdnadshavare eller i tillämpliga fall från överförmyndare. The customer guarantees Exacta that they have obtained such necessary consent before accepting the Terms of the User Agreement. This also applies in cases where a minor operates a UF company or their own business.
§ 2. The Scope of the Service
The Service consists of the services, systems, information, and products that are described as part of the Service on Exacta’s website www.exacta.se/exacta-start from time to time. Exacta undertakes, in accordance with the User Agreement and in the manner described on Exacta’s website from time to time, to provide the customer with access to the Service on servers provided by Exacta and to ensure that the servers are connected to the Internet.
Exacta reserves the right to change, add or remove features of the Service at any time, and unilaterally modify, supplement, and otherwise adjust the terms of this User Agreement. Exacta shall inform the customer, via the Service, on Exacta’s website or by email to the email address provided by the customer, of any such changes to the terms of the User Agreement and/or any material changes to the Service that Exacta implements. In the event that the customer does not accept such a material change to the Service or the terms of the User Agreement, the customer shall have the right to terminate the User Agreement with immediate effect within thirty (30) days of Exacta informing the customer of the changes. A customer who has not terminated the User Agreement within thirty (30) days after Exacta has notified them of the changes shall be deemed to have accepted the changes.
Support of the Service is only provided to customers who have entered into an agreement for the Service. Service downtime, disruption, or errors should be reported to Exacta during office hours (8:00 am – 4:00 pm, weekdays excluding holidays). Exacta will then attempt to remedy the error to the best of its ability during office hours. The customer has no right to claim compensation due to service downtime or errors in the Service.
Exacta provides no warranty regarding the availability or error-free operation of the Service.
§ 3. Entry into this User Agreement
The customer becomes bound by this User Agreement when they register an account on Exacta’s website Exacta Start.
§ 4. Registration and Processing of Personal Data
Exacta collects and processes the personal data about the customer that is specified in the registration form (“Personal Data”) for the purpose of providing and administering the Service and otherwise fulfilling its obligations under the User Agreement. To the extent necessary for Exacta to provide the Service in accordance with the User Agreement, Exacta may transfer the Personal Data to service providers and partners. Exacta and/or Exacta’s partners shall have the right to process Personal Data for marketing campaigns, offers, and new products or services offered as part of the Service by Exacta or Exacta’s partners.
The customer has the right to access the Personal Data that Exacta has registered about them and may at any time request that Exacta corrects or deletes incorrect or incomplete Personal Data. By accepting this User Agreement, the customer gives their consent to Exacta processing the Personal Data in accordance with what is stated in this paragraph 4.
For personal data that the customer collects from their visitors and customers, the Personal Data Processor Agreement attachment applies instead.
§ 5. Right of Withdrawal
A customer who enters into the User Agreement as a private individual has the right, in accordance with the Distance and Home Sales Act, to exercise their right of withdrawal and terminate the User Agreement within 14 days of the User Agreement being entered into. The right of withdrawal does not apply to the ordering of domain names.
If the customer exercises their right of withdrawal and terminates the User Agreement in accordance with the Distance and Home Sales Act, Exacta shall refund any payment made by the customer within 14 days from the time of exercising the right of withdrawal.
§ 6. Passwords and login credentials
The customer is responsible for storing the user identity/identities and the password/passwords that the customer receives for the Service in a secure manner and inaccessible to third parties. The customer is responsible for any unauthorized use of the customer’s user identity and password for the Service until the customer has requested and Exacta has blocked access to the Service for the specific user identity. Exacta reserves the right to, on its own or through hiring an external consultant, monitor the use of the Service and the Customer’s use of user identities and passwords in accordance with this User Agreement.
§ 7. Customer’s responsibility
The customer is responsible and shall bear all costs for providing the equipment necessary for accessing and using the Service to its full capacity, including but not limited to internet connectivity and hardware and software equipment.
The Customer is solely and exclusively responsible for all information that the Customer enters, processes or handles using the Service and for all information that the Customer stores on Exacta’s servers.
The customer agrees to use the Service only in accordance with the User Agreement and Exacta’s current instructions. The customer does not have the right to use the Service in a way that may overload, interfere with, damage, disable, or impair the Service or use the Service in any way that may result in the transmission, distribution, or uploading of programs or materials containing malicious code, such as viruses, time bombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs, materials or information.
The Customer further undertakes not to use the Service in such a way that the Service, Exacta’s servers or systems are at risk of being subjected to third-party attacks such as overload attacks or similar. If Exacta has reasonable grounds to believe that such attacks may occur in view of the Customer’s use of the Service, Exacta has the right to terminate the User Agreement with immediate effect.
The customer undertakes not to use the Service to engage in illegal activities or to upload, publish, email or otherwise process or transmit information that violates applicable law (including but not limited to information that may be considered hate speech, child pornography offenses, defamation, insult, incitement to violence, and/or infringement of copyright or other intellectual property laws or violations of the General Data Protection Regulation (2018:218)), or which may otherwise be perceived as threatening, offensive, racist, harassing, indecent, vulgar and/or indecent, or which involves infringement of the privacy of others. This means, among other things, that the Customer is not entitled to use the Service for prostitution, publishing any form of pornographic material, “cam shows” or “strip shows”, selling weapons, drugs, smoking blends, cannabinoids or anabolic steroids. The customer is also prohibited from using the Service in a way that may harm the reputation of Exacta or Exacta’s trademarks. The customer undertakes not to use Exacta’s trademarks or distinctive signs in any way other than expressly permitted by Exacta.
The customer does not have the right to use information in the Service or space on Exacta’s servers for any other purpose than the use of the Service in accordance with this User Agreement. The Customer shall not reproduce, duplicate, make copies of, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for commercial purposes without first having agreed with Exacta in writing. The Customer is also not allowed to use the Service as a part of automated processes for other software applications or in connection with mass distribution of information or as a support for publicly available file-sharing services.
The customer is responsible for ensuring that all processing of personal data that occurs through the website created by the customer using the Service is carried out in accordance with the General Data Protection Regulation (GDPR) (2018:218). In the event that the customer uses the E-commerce solution available through the Service, it is the customer’s responsibility to ensure that all use of the E-commerce solution is in accordance with applicable law, including but not limited to the marketing act, the distance and home sales act and the act on electronic commerce.
If there is reasonable suspicion by Exacta that the Customer has violated this section 7, Exacta has the right to immediately terminate the User Agreement and suspend the customer’s access to the service without the Customer being entitled to any form of compensation or refund.
§ 8. Usage rights to content
Exacta grants to the Customer a non-exclusive, non-transferable, worldwide and revocable right to use the Service and its content (including but not limited to all software therein) (“Content”) in accordance with this User Agreement. Exacta reserves the right to change and/or replace the Content during the term of the agreement. All intellectual property rights and other rights to the Content are held by Exacta or its licensors. The customer does not obtain any right of any kind to the Content beyond what is expressly stated in this User Agreement.
The content may only be copied by the customer to the extent that is expressly permitted by Exacta in writing. The Customer is under no circumstances entitled to wholly or partially disassemble, network, process, modify, decompile, copy, add to or create derivative works from the Content beyond what is expressly stated in this User Agreement. The customer is not allowed to transfer, rent out, lend out, license, or in any other way provide all or parts of the Content to a third party, beyond what is expressly stated in this User Agreement.
Exacta does not provide any warranty of any kind that the Content meets the needs of the Customer or that the Content can be used without interruptions or errors.
Exacta has the right to collect information about the Customer’s computer, hardware, operating system, programs, etc. in connection with error reporting or support issues regarding the Service, as well as the right to obtain other necessary information that may be required to handle the error report or support issue. The customer hereby agrees that Exacta may collect information as stated above. Exacta is not entitled to use information regarding the Customer that has been collected as described above for any purpose other than handling error reports or support inquiries. Exacta undertakes to treat such collected information confidentially.
The customer has the option to purchase a copy of their website from Exacta for a one-time payment of 9,990 SEK excluding VAT (25%). The copy of the website includes all necessary files, databases, and content needed to set up the website on another location or server. In cases where the Customer purchases a copy of the website, the Customer is free to use the website without obligation to Exacta or this agreement. If the Customer wishes to purchase a copy of the website, he/she should contact Exacta through Exacta’s website.
§ 9. Payment terms
The customer who has entered into an agreement for the Service shall make payment to Exacta in accordance with Exacta’s current price for the Service, as published on Exacta’s website. Payment obligation for the Service arises when the Customer creates an account for the Service with Exacta. Exacta reserves the right to unilaterally change the prices for the Service at any time. Such changes will apply to all payment periods that commence after Exacta has published the new price list on its website or otherwise informed the Customer of the price changes.
In connection with the creation of an account for the Service with Exacta, the Customer shall specify the payment period for the Service (monthly or yearly). The customer always pays by invoice. Exacta does not charge any invoice fee for payment by invoice. Exacta may carry out a standard credit check without access to personal credit information. Delivery is made only to the address where the paying customer is registered.
All payments to Exacta shall be made in advance unless otherwise specified. If the customer has not made the payment in accordance with the invoice and within thirty (30) days from the date of the invoice, Exacta has the right to suspend all or part of the service until the customer has made full payment. If the customer does not pay, despite a reminder from Exacta, Exacta shall have the right to immediately terminate the customer’s User Agreement. In case of late payment, Exacta is entitled to compensation for payment reminders, collection and recovery costs according to law, as well as entitlement to default interest at 24% plus the applicable reference rate.
Paid fees are binding and will not be refunded in connection with termination of the User Agreement or downgrading/deactivation, regardless of the reason for termination or downgrading/deactivation and regardless of when it occurs. However, this does not apply if the Customer exercises their right of withdrawal under the Distance and Home Sales Act.
§ 10. Claims based on Customer’s use of the Service
If claims are made against Exacta or legal action is taken against Exacta due to the Customer’s use of the Service, the Customer undertakes to indemnify Exacta for any damage caused to Exacta as a result of such claim (including but not limited to costs due to settlement or judgment). The commitment only applies on the condition that, firstly, the Customer is informed in writing by Exacta within a reasonable time after a claim has been presented or legal action has been initiated against Exacta, and secondly, that the Customer has been given the opportunity to approve any settlement or similar commitment.
§ 11. Limitation of Liability
Exacta shall not be held liable for direct, indirect, or other consequential damages to persons or property, financial loss, or loss of data that may affect the Customer or third parties due to the Service or the Customer’s use of the Service. Exacta shall not be held responsible for data breaches or compromised data privacy in connection with the transmission of information via the Internet when using the Service. Exacta also cannot be held liable for errors or changes in third-party services that are provided through the Service.
Exacta’s liability shall be limited to the aforementioned, unless gross negligence or intent is present. Exacta’s liability under the User Agreement shall, under all circumstances, always be limited to an amount corresponding to the fee paid by the Customer for the current subscription period of the Service. Claims exceeding this amount cannot be made by the Customer against Exacta. This limitation shall apply even if other warranties or remedies under this User Agreement do not fulfill their purpose.
§ 12. Contract Duration and Termination
This User Agreement enters into force on the day of the Customer’s signing up for the Service by registering via Exacta’s website. For Customers who choose to pay for a longer period, the User Agreement is valid for twelve (12) months, after which it will be automatically renewed if no active termination is received (“Annual Subscription”). The Customer must actively submit a written termination to our support no later than one (1) month before the subscription expires; if no termination is received, Exacta reserves the right to extend the subscription for an additional twelve (12) months.
For Customers who choose to pay on a monthly basis, the User Agreement applies indefinitely and is extended by one (1) month at a time, provided that it is not terminated by the Customer no later than ten (10) days before the end of the current month (“Open-ended Subscription”). The same termination periods apply in case the Customer wishes to downgrade their subscription or deactivate activated paid services within the scope of the Service. A Customer who wishes to terminate their Open-ended Subscription or sign a new Annual Subscription should notify Exacta by contacting Exacta through Exacta’s website. Open-ended Subscriptions can be terminated by Exacta with a three (3) month notice period. Exacta reserves the right to decline entering into a new Annual Subscription with the Customer without reason, provided that Exacta has informed the Customer of this at least three (3) months prior to the expiration of the Annual Subscription.
§ 13. Force Majeure
A party is exempt from liability for failure to fulfill a specific obligation under the User Agreement if the failure is due to circumstances of the type indicated below (“exempting circumstance”) and the circumstance prevents or significantly hinders timely fulfillment thereof, and the party could not have controlled the circumstance. Exempting circumstances include, but are not limited to: government action or omission, new or amended legislation, labor market conflict, blockade, lightning strike, fire, flood, disruptions in transportation, telecommunications, or power supply, or for errors or delays in the delivery of goods or services by a supplier due to the above-mentioned circumstances.
§ 14. Operational Disruption / Compensation
In the event of extensive operational disruptions, the Customer has the right to request compensation within the scope of what the Customer pays. Compensation is primarily provided through a free extension of the Service. Persistent or significant interruptions lasting for twelve (12) hours during office hours (excluding holidays, Monday to Friday, from 8:00 am to 5:00 pm) over a period of thirty (30) days are considered as extensive operational disruptions. A request for compensation should be submitted no later than seven (7) days after the thirty (30) day period. Planned interruptions are not considered as operational disruptions.
§ 15. Messages
Messages according to this Agreement are primarily sent by Exacta to the email address specified by the Customer. Therefore, the Customer is responsible for ensuring that the email address and other contact information are always correct and up to date. The Customer shall leave any messages to Exacta through the email address provided on the website for the Service or through the forms set up for this purpose on the website for the Service.
§ 16. Changes to the User Agreement
Except as provided in Section 2, Paragraph 2, all amendments and additions to this User Agreement, in order to be valid, shall be made in writing and signed by both parties.
§ 17. Applicable law and disputes
Swedish law shall apply to this Agreement. Any disputes arising out of this User Agreement or the Service shall be resolved through arbitration in Stockholm, in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
§ 18. Annexes
The agreement on Data Processing shall be considered as an annex to this Agreement. It is concluded simultaneously with this Agreement.
§ 1. Parties
The following agreement on data processing is an appendix to Exacta’s general terms and conditions and constitutes a binding agreement between Exacta Logistics AB, reg. no. 556624-9354 (“Data Processor”) on the one hand, and user and/or purchaser of Exacta’s services (“Data Controller”) on the other hand (collectively referred to as the “Parties”).
§ 2. Definitions
Processing of personal data
Actions taken in regard to personal data, whether carried out automatically or not, such as: collection, recording, organization, storage, processing or alteration, retrieval or use.
The natural or legal person, alone or jointly with others, who determines the purposes and means of the processing of personal data.
The natural or legal person who processes personal data on behalf of the data controller.
A country that is not a member of the European Union or part of the European Economic Area.
The publishing system for websites, through which the Data Controller builds its own website that is then stored and operated on the Data Processor’s web server (“the Service”).
§ 3. Purpose
The purpose of this agreement is to ensure that the Data Processor’s processing of personal data on behalf of the Data Controller is carried out in accordance with the requirements of the General Data Protection Regulation (2018:218) and in accordance with what has been agreed in this agreement.
The type of personal data and the categories of data subjects processed are those that are normally processed within the scope of the activity that the Data Controller conducts through the Service. Om Personuppgiftsansvarig behandlar andra kategorier av registrerade eller personuppgifter ska Personuppgiftsbiträdet upplysas särskilt om detta.
§ 4. Instructions
The Data Processor may only process the Data Controller’s personal data for the purpose of providing the Service. In addition to this, the Data Processor may only process the Personal Data Controller’s personal data in accordance with the Personal Data Controller’s instructions. Upon request from the Data Processor, such instructions shall be in writing.
§ 5. Data Processor’s commitments
The Data Processor undertakes to apply the applicable Swedish legislation in the processing of personal data.
The Data Processor may not transfer personal data to a third country if an adequate level of protection in the recipient country cannot be ensured or if specific guarantees are lacking to protect the data and the rights of the data subjects.
The Data Processor undertakes to only disclose personal data to those within its own organization who need access to the data in order to perform their work tasks and who are bound by confidentiality agreements.
The Data Processor may not disclose personal data or other information about the processing of personal data to a third party, other than with the prior written consent of the Personal Data Controller, except when such disclosure may be required by law.
The Data Processor undertakes to assist the Personal Data Controller in fulfilling their obligations as a personal data controller. The Data Processor is entitled to reasonable compensation for such assistance.
The Data Processor undertakes to provide documentation, within a reasonable time after request, to enable and facilitate audits, whether initiated by the Personal Data Controller or a third party. Under no circumstances does this commitment grant the Personal Data Controller the right to access the Data Processor’s premises, servers, or otherwise gain direct access to information that belongs to, or is otherwise processed by, the Data Processor. If the Data Processor’s fulfillment of its obligations under this section entails a non-trivial work effort, the Data Processor is entitled to reasonable compensation for time spent and other costs.
In the event that an authority or other third party requests information from the Data Processor concerning the processing of personal data, the Data Processor shall promptly forward such request to the Personal Data Controller. The Data Processor shall, when needed, assist the Personal Data Controller in providing information requested by a third party.
§ 6. Engaging sub-processors
The Data Processor may engage one or more subcontractors (“Sub-processors”) for the processing of Personal Data, without obtaining specific permission from the Personal Data Controller in each individual case. However, this applies only on the condition that the Data Processor enters into a written sub-processor agreement with the Sub-processor in question, which imposes on the Sub-processor at least equivalent obligations as the Data Processor has under this agreement. The Data Processor may grant the Sub-processor the right to engage third parties in turn, provided that it is done in the same manner and with the same obligations as set out in this agreement.
The Data Processor is fully responsible towards the Personal Data Controller for the Sub-processors’ obligations regarding the processing of Personal Data, according to this agreement.
The Data Processor shall inform the Personal Data Controller in writing before engaging a new Sub-processor for the processing of Personal Data. The Personal Data Controller shall have the right to object to a new Sub-processor processing Personal Data if there are acceptable reasons for doing so and the Personal Data Controller notifies the Data Processor within two weeks from when the Data Processor informed the Personal Data Controller.
§ 7. Security
The Data Processor shall take appropriate security measures to protect the personal data. The Personal Data Controller is aware of the security measures taken by the Data Processor and undertakes to specifically notify the Data Processor of any potentially sensitive data being processed that may require further action. The Data Processor always has the right to refuse the processing of personal data that may require additional security measures.
The Data Processor certifies that its operations are managed in a manner that ensures compliance with the requirements of the General Data Protection Regulation (2018:218) on adequate security levels. The data processor undertakes to comply with official decisions regarding security measures for the handling of personal data.
The data processor shall promptly inform the data controller upon discovery or suspicion of a personal data breach.
§ 8. Correction and deletion of personal data
The data controller can correct most incorrect or incomplete personal data in the Service themselves. In cases where this is not possible, the data processor shall assist with the correction after the data controller has notified the data processor of this in writing.
After the data controller has requested the deletion of personal data in writing, the data processor may only process the personal data as part of the deletion process.
Upon termination of the agreement, the data processor shall, at the request of the data controller, return the personal data. Upon termination of the agreement, the data processor may only process the personal data as part of the deletion process.
§ 9. Term of the agreement
This agreement applies from the entry into force of Exacta’s general terms and conditions, and until its termination or until the processing of the data controller’s personal data has ceased.
§ 10. Force Majeure
A party is exempt from penalty for failure to fulfill a certain obligation under the agreement if the failure is due to circumstances of the kind specified below (“exempting circumstance”) and the circumstance prevents or significantly hinders timely fulfillment thereof and the party has not been able to control the circumstance. Circumstances that may be considered exempting circumstances include, among others: action or omission by authorities, newly introduced or amended legislation, labor disputes, blockade, lightning strikes, fire, flooding, disruption of transport, telecommunications or power supply, or for errors or delays in the delivery of goods or services by a supplier due to the aforementioned circumstances.
§ 11. Messages
Notifications under this Agreement shall be sent by the data processor primarily to the email address specified by the data controller. Therefore, the data controller is obliged to ensure that the email address and other contact details are always correct and up to date.
§ 12. Limitation of liability
The data processor’s liability under this agreement shall in all circumstances be limited to an amount corresponding to the fee paid by the data controller from the time the breach of contract has been notified in writing to the data processor until the defect has been rectified or the current term of the agreement has expired. Claims that exceed this amount cannot be asserted by the data controller against the data processor. This limitation shall apply even if other warranties or remedies under this agreement do not fulfill their purpose.
§ 13. Disputes and applicable law
Swedish law shall be applicable to the agreement. Disputes arising from the agreement shall be settled by arbitration in Stockholm in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce for expedited arbitration.