Terms of Use
These Terms of Use (“Terms”) apply to any agreements, the website, and all associated pages of Acsser AB.
By clicking the “I Accept” or “Pay” button in the order process, or by signing an order form that refers to these Terms of Use (the “Agreement”), you agree to the terms of this Agreement and any applicable order. If you enter into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, and the terms “Customer,” “you,” or “your” will refer to that entity.
1. Introduction
Acsser AB, operated by Acsser AB, a company registered in Sweden (company registration number 559446-8521) with its registered address at Igeldammsgatan, 112 49 Stockholm, Sweden (“Acsser” or “we”), will provide you with Acsser’s services as described in each of your accepted orders (the “Services”).
Each order incorporates all the terms of this Agreement by reference. If there is any conflict between this Agreement and an order, the terms of this Agreement shall prevail unless the order expressly states otherwise. Acsser’s obligations regarding the Services are contingent upon the Customer’s compliance with the payment and other obligations under this Agreement. The Customer acknowledges that failure to meet such obligations may affect Acsser’s delivery of the Services.
2. License and Ownership
Acsser hereby grants you a non-exclusive, non-transferable, limited, and revocable right to use the Services during the subscription term specified in an order, solely for your own internal business purposes and in accordance with this Agreement. If your order specifies a certain number of users, your license to use the Services is limited to that number of users.
All rights not expressly granted to you are reserved by Acsser and its licensors. You may not access the Services for the purpose of monitoring their availability, performance, or functionality, or for any competitive purpose such as benchmarking, reverse engineering, or similar activities. You may not:
(1) license, sublicense, sell, transfer, distribute, or otherwise commercially exploit or make available the Services or any Acsser technology used to provide the Services (including software, hardware, processes, know-how, algorithms, techniques, designs, and other tangible or intangible technical material or information) (“Acsser Technology”);
(2) modify or create derivative works based on the Services or the Acsser Technology;
(3) embed the Services in an “iframe” or “frame” from another application;
(4) reverse-engineer or access the Services in order to
(a) build a competing product or service,
(b) create a product using ideas, features, or graphics similar to those of the Services,
(c) copy any ideas, features, or graphics of the Services.
You may use the Services only for your internal business purposes and must not: (i) send or store material containing malicious code, viruses, worms, or other harmful software; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or Acsser’s websites, servers, or networks; (iii) attempt unauthorized access to the Services or their related systems or networks; or (iv) take any action that imposes an unreasonable or disproportionately large load on Acsser’s infrastructure. Acsser reserves the right to adjust the scope of the Services and the underlying technical infrastructure to reflect ongoing development and technological progress.
You acknowledge and agree that the Services may not be shared or used by more than one person unless (and only to the extent that) the order permits sharing within your internal organization. You are responsible for assigning usernames and passwords for the Service and for compliance with all terms of this Agreement and any order. You are responsible for maintaining the confidentiality of your usernames, passwords, and accounts. Usernames and passwords may not be shared by more than one person.
Acsser alone (and its licensors, where applicable) owns all copyrights, trademarks, patents, service marks, trade names, know-how, database rights, design rights, and all other intellectual property rights or equivalent forms of protection, whether registered or unregistered, worldwide (“Intellectual Property Rights”) in the Services and the Acsser Technology, as well as all derivatives, suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Services, and all aggregated metrics, data, and trends collected by Acsser. This Agreement does not constitute a sale and does not convey to you any ownership rights in the Services or the Acsser Technology.
3. Customer Obligations
You are solely responsible for all text, logos, and images (“Customer Content”), any advertisements, and any websites reached from advertisements generated using the Services. You represent that (i) you have all necessary rights to publish the Customer Content and create advertisements, (ii) all Customer Content you provide is accurate, complete, and current, and (iii) all Customer Content complies with Google’s requirements, including trademark policy, editorial guidelines, and creative limitations published there and on other sites and programs that may be included in the Services from time to time.
You hereby authorize Acsser to allow publication of the Customer Content and advertisements across the network of advertising channels operated by the Ad Networks and other company networks included in the Services from time to time, as well as their network of participating websites and other distribution channels.
You represent, warrant, and covenant to Acsser and its suppliers that (a) you will at all times comply with all applicable laws, (b) you will not generate or encourage others to generate automated or fraudulent impressions or clicks on advertisements on any Ad Network, (c) you are responsible for obtaining and maintaining accounts for using the Ad Network programs, and (d) your advertisements will not promote illegal activity or constitute unlawful or deceptive business practices in the jurisdiction where the ads appear.
4. Customer Data
Acsser does not own any keyword data, paid search campaigns, or materials you submit to the Services in connection with your use of the Services (collectively, “Customer Data”). Acsser may use Customer Data to provide the Services, which may include processing Customer Data to deliver the Services to you, storing or hosting the Customer Data for your access, and transferring such Customer Data to its partners.
Although your private Customer Data is accessible only to you and persons you explicitly authorize, you acknowledge and agree that Acsser has the right to use your Customer Data to compile, analyze, and disclose aggregated information, data, and trends to third parties regarding the use of its Services, provided that such aggregated information, data, and trends do not contain uniquely identifiable Customer Data. You further acknowledge and agree that Acsser may be required to disclose your Customer Data to competent authorities to comply with governmental, court, or law-enforcement requests or requirements relating to the Services. Where possible, Acsser will give the Customer reasonable notice.
You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of the Customer Data.
For the avoidance of doubt, you acknowledge and agree that all data related to your use of the Services, excluding Customer Data, is owned by Acsser.
5. Relations with Third Parties
While using the Services, you may purchase goods or services from a third party that also requires activity and interaction with your Ad Network accounts. All such activity and any terms, warranties, or representations associated with such activity are solely between you and the applicable third party. Acsser and its licensors shall have no liability or obligation with respect to such third parties, including any termination of their provision of goods or services to you.
Acsser does not endorse any websites linked through the Services or any third-party goods or services made available to you through the Services or otherwise incorporated into the Services (including reporting tools). Acsser and its licensors shall not be responsible for (and hereby disclaim) any such content, products, services, or other materials on such websites or provided by such third parties.
6. Privacy and Confidentiality
You agree to the terms of Acsser’s privacy policy at https://www.acsser.com/integritetspolicy/ available on Acsser’s website (the “Website”) and which Acsser may amend at its sole discretion from time to time. During this Agreement, confidential and proprietary information may be shared between us, including but not limited to: software, technical processes, formulas, source code, sales, costs, unpublished financial information, product and business plans, advertising revenue, usage levels, advertising relationships, forecasts, and market data (“Confidential Information”).
Unless otherwise stated, neither of us may disclose the other party’s Confidential Information to anyone other than our employees or contractors who need to know such information in connection with this Agreement and who are bound by written agreements to protect the confidentiality of such information. We will inform our employees and contractors of their confidentiality obligations hereunder.
Confidential Information does not include information that the receiving party can demonstrate (i) is or becomes publicly available through no act or omission of the receiving party, (ii) was in the receiving party’s possession at the time of disclosure, (iii) is independently developed by the receiving party, or (iv) is later learned from a third party not under a confidentiality obligation to the disclosing party.
7. Payment and Fees
Prices are stated excluding VAT and will be invoiced with 25% VAT added.
You shall pay all fees for your account in accordance with the fees and billing terms set forth in the applicable order. You may choose to pay monthly (Subscription 1) or annually (Subscription 2). If you choose annual payment, you receive a significant discount. You may cancel the current order at any time. Acsser charges and collects payments in advance for the Services. All payment obligations are non-cancellable and non-refundable.
You must provide Acsser with a valid credit card, debit card, SEPA direct debit, or automated clearing house authorization as a condition to sign up for the Services. You represent that you are authorized to provide any credit card or bank account information you use to register for the Services. Acsser’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
Acsser reserves the right to temporarily suspend the Services if you are late in paying the fees for an order. Overdue invoices are subject to interest at 8% per month on the outstanding amount and a reminder fee of SEK 60, as well as any collection costs. You will continue to be charged for the Services during any suspension period. If you initiate termination of this Agreement, except in the case of Acsser’s material breach, you are obligated to pay the remaining amount for your subscription for the applicable term as described in the order and in Section 8. Term and Termination. You agree that Acsser may charge such unpaid fees to your credit card or otherwise invoice you for such unpaid fees.
8. Term and Termination
This Agreement becomes effective either when you start your subscription to the Services or on the date specified in the order. The order continues until terminated. Any breach of your payment or other material obligations will be deemed a material breach, and Acsser may, without limiting its right to pursue other remedies, terminate this Agreement.
Your agreement renews automatically.
If you wish to terminate your subscription with Acsser, you must give us one (1) month’s notice. You do this by contacting your Acsser account representative.
This means your one-month notice period begins when the next subscription period starts. If your current subscription period runs from 15 January to 14 February and you cancel on 20 January, your one-month notice begins on 14 February. You must pay for the subscription until 14 March while still having access to the service until the last day of the subscription.
Please note that if you wish to terminate or change your annual subscription or partnership agreement with Acsser, you must give us one (1) month’s notice before the next subscription renewal.
8.1 Try for 30 Days
We offer an initial 30-day period free of charge to try our services at Acsser. During this period, you may explore and benefit from our service without any financial commitment. To ensure a smooth transition from the free period to a subscription-based payment, the following applies:
If you wish to cancel your free subscription and not move to a subscription-based payment, you must notify us within the first 30 days from your registration date. By notifying us within this timeframe, no subscription-based payment will be charged to your account and your free period will end without financial commitment.
If you choose to continue using our services after the free period, a subscription-based payment will apply. To terminate your subscription with Acsser, you must give us one (1) month’s notice. You do this by contacting your Acsser account representative.
9. Representations and Warranties
Each party represents and warrants that it has the legal authority to enter into this Agreement. Acsser represents and warrants that it will provide the Services substantially in accordance with industry standards. Except as set forth herein, Acsser makes no other warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality, title, and non-infringement.
10. Limitation of Liability
To the extent permitted by applicable law, neither Acsser nor its licensors shall be liable for any loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, or any indirect, consequential, special, or exemplary damages, whether such damages were foreseeable or not and whether Acsser was advised of the possibility of such damages. Acsser’s total liability to you for all claims arising out of or in connection with this Agreement shall not exceed the total amount of fees paid by you to Acsser during the twelve (12) months immediately preceding the event giving rise to the claim.
11. Dispute Resolution and Governing Law
This Agreement shall be governed by and construed in accordance with Swedish law, without regard to its conflict-of-law principles. You and Acsser agree to submit exclusively to the competent courts of Sweden for any disputes arising out of or relating to this Agreement.
12. Miscellaneous
You may not transfer or assign this Agreement or any of your rights or obligations hereunder without Acsser’s written consent. Acsser may transfer or assign this Agreement or any of its rights or obligations hereunder without limitation. This Agreement constitutes the entire agreement between you and Acsser regarding its subject matter and supersedes all prior or contemporaneous oral or written agreements, representations, and understandings. If any provision of this Agreement is held invalid, illegal, or unenforceable under applicable law, that provision shall be modified and interpreted to best accomplish the original intent to the extent permitted, and the remaining provisions shall remain in full force and effect. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy.
By entering into this Agreement, the Customer expressly permits Acsser AB to use the Customer’s logo and name for marketing purposes, including but not limited to publication on the Company’s website, social media, printed materials, and other marketing channels.
The Company undertakes to use the Customer’s logo and name only in a manner consistent with the Customer’s brand guidelines, if such guidelines are available. The Customer has the right to revoke this permission by notifying the Company in writing, and the Company shall promptly cease using the Customer’s logo and name in marketing contexts.