Terms and conditions

These Terms of Use ("Terms") apply to agreements, the website and all associated pages of Acsser AB.

By clicking the “I Agree” or “Pay” button in the ordering process or signing an order form that refers to these Terms of Use (“Agreement”), you agree to the terms of this Agreement and applicable orders. If you are entering 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, where the terms “Customer”, “You” or “Your” refer to such entity.

 

1. Introduction

Acsser AB, operated by Acsser AB, a company registered in Sweden (registration number 559446-8521) with a registered address at Igeldammsgatan, 112 49, Stockholm, Sweden ("Acsser" or "we"), will provide you with Acsser's services as described in each approved order from you ("the Services").

Each order will encompass all the terms of this agreement and shall also be incorporated herein by reference. In the event of conflicts between this agreement and an order, the terms of this agreement shall prevail unless otherwise expressly stated in the order. Acsser's obligations regarding the Services are contingent on the Customer's compliance with payment and other obligations as per this agreement. The Customer acknowledges that a failure to meet such obligations may impact Acsser's delivery of the Services.

 

2. License and Ownership Rights

Acsser hereby grants you a non-exclusive, non-transferable, limited, and revocable right to use the Services during the subscription period specified in an order, solely for your own internal business purposes and in accordance with the terms of this agreement. If your order specifies a certain number of users, your license to use the Services is limited to the specified 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 its availability, performance, or functionality, or for competitive benchmarking, reverse engineering, or similar purposes. You may not:

(1) license, sublicense, sell, transfer, distribute, or otherwise commercially exploit or make available the Services or any Acsser technology used in the provision of the Services (including software, hardware, processes, know-how, algorithms, techniques, designs, and any other tangible or intangible technical materials or information) ("Acsser Technology").

(2) modify or create derivative works based on the Services or Acsser Technology;

(3) embed the Services as an "iframe" or "frame" from another application 

(4) reverse engineer or access the Services to

(a) build a competitive product or service,
(b) create a product that uses ideas, features, graphics that are similar to those used in the Services.
(c) copy any ideas, features, graphics from the Services.

You may only use the Services for your internal business purposes and may not: (i) transmit or store material containing malicious code, viruses, worms, or other harmful computer software; (ii) disrupt or compromise the integrity or performance of the Services or the data therein, or Acsser's websites, servers, or networks; (iii) attempt to gain unauthorized access to the Services or their related systems or networks; or (iv) take actions that place an unreasonably 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 the continued development and technological advancements of the Services.

You acknowledge and agree that the Services may not be shared or used by more than one individual unless (and only to the extent that) the order allows for sharing within your internal organization. The proper allocation of usernames and passwords for the Service, as well as compliance with all the terms of this agreement and the order, is your responsibility. 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, when applicable) shall own all copyrights, trademarks, patents, service marks, trade names, know-how, database rights, design rights, and other intellectual property or equivalent forms of protection, of any nature and anywhere in the world, whether registered or unregistered, including applications for the granting of such rights ("Intellectual Property Rights") in the Services and Acsser Technology, as well as all derivatives, suggestions, ideas, improvement requests, feedback, recommendations, or other information provided by you or any other party related to the Services, as well as all aggregated metrics, data, and trends collected by Acsser. This agreement does not constitute a sale and does not transfer any ownership rights to you regarding the Services or Acsser Technology.

3. Customer's Obligations

You are solely responsible for all text, logos, and images ("Customer's Content"), all advertisements, and any websites accessed from the advertisements generated using the Services. You hereby certify that (I) you have all necessary rights to publish Customer's Content and create or have advertisements created, (II) all Customer's Content you provide is and will be accurate, complete, and up to date, and (III) all Customer's Content complies with the requirements established by Google, including their trademark policy, editorial guidelines, and creative restrictions as published there and on other websites and applications that may be included in the Services from time to time.

You hereby grant Acsser permission to allow the publication of Customer's Content and advertisements within the network of ad channels operated by the Ad Networks and other business 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 always comply with all applicable laws, (b) you will not generate or encourage others to generate automated or fraudulent views or clicks on ads on any Ad Network, (c) you are responsible for obtaining and maintaining accounts for the use of Ad Network programs, and (d) your ads will not promote illegal activities or constitute illegal or fraudulent business practices in the jurisdiction where the ads are displayed.

 

4. Customer Data

Acsser does not own any keyword data, paid search campaigns, or materials that you submit to the Services in connection with the use of the Services (collectively referred to as "Customer Data"). Acsser may use Customer Data to provide the Services, which may involve processing Customer Data to deliver the Services to you, storing or hosting Customer Data for your access, and sharing such Customer Data with its partners.

While your private Customer Data is only accessible to you and individuals you have expressly authorized, you hereby confirm 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 usage of its Services, provided that such information, data, and trends do not contain uniquely identifiable Customer Data. You further acknowledge and consent that Acsser may be obligated to disclose your Customer Data to competent authorities to comply with governmental, court, and law enforcement requests or demands related to the Services. In such cases, Acsser will, to the extent possible, provide the Customer with reasonable notice.

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of Customer Data.

To avoid any misunderstanding, you acknowledge and consent that all data related to your use of the Services, excluding Customer Data, is owned by Acsser.

 

5. Relationships with Third Parties

During the use of the Services, you may purchase goods and/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 respective third party. Acsser and its licensors shall have no liability, obligation, or responsibility towards such third party, including any termination of their provision of goods or services to you.

Acsser does not endorse any websites on the internet that are linked through the Services or any third-party goods or services that are available to you through the Services or otherwise included in the Services (including reporting tools). Acsser or 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

Du samtycker till villkoren i Acssers sekretesspolicy på https://www.acsser.com/integritetspolicy/ som kan ses på Acssers webbplats (”Webbplatsen”) och som kan ändras av Acsser efter eget gottfinnande från tid till annan. Under detta avtal kan konfidentiell och proprietär information delas mellan oss, inklusive men inte begränsat till: programvara, tekniska processer, formler, källkod, försäljning, kostnader, annan opublicerad finansiell information, produkt- och affärsplaner, annonsintäkter, användningsnivåer, annonsrelationer, prognoser och marknadsdata (”Konfidentiell information”).

Unless otherwise specified, neither of us shall 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 notify our employees and contractors of their confidentiality obligations as set forth in this agreement.

Confidential Information shall not include information that the receiving party can demonstrate (i) was publicly available at the time of disclosure or subsequently becomes publicly available through a source other than the receiving party, (ii) was known to the receiving party at the time of disclosure, (iii) is independently developed by the receiving party, or (iv) is subsequently learned from a third party who has no confidentiality obligation to the disclosing party.

 

7. Payment and Fees

The prices are presented excluding VAT and will be invoiced with VAT, based on your country's VAT

You shall pay all fees for your account in accordance with the fees and billing terms specified in the applicable order. You have the option to pay on a monthly basis (Subscription 1) or annually (Subscription 2). If you choose to pay annually, you will receive a significant discount. You can cancel the current order at any time. Acsser bills and collects payments in advance for the Services. All payment obligations are non-cancelable, and refunds will not be made.

You must provide Acsser with a valid credit card, debit card, SEPA direct debit, or automated clearing house validation as a condition for registering for the Services. You certify that you have the authority to provide any credit card or bank account information that you use to sign up for the Services. Acsser's fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you are responsible for the 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. Late invoices are subject to interest at a rate of 8% per month on the outstanding amount and a reminder fee of 60 SEK, as well as any collection costs. You will continue to be charged for the Services during any suspension period. If you initiate the termination of this agreement, except for a material breach by Acsser, you are obligated to pay the remaining amount for your subscription for the applicable contract period as described in the order and in section 8. Term and Termination. You consent to Acsser charging such unpaid fees to your credit card or otherwise invoicing you for such unpaid fees.

 

8. Term and Termination

This agreement will come into effect either at the time you start your subscription for the Services or at the time specified in the order. The order will run indefinitely until terminated. Any breach of your payment or other material obligations will be considered a material breach of the agreement. In the event of such a breach, Acsser, without limiting its right to pursue other remedies, may terminate this agreement.

Your subscription is automatically renewed.

If you wish to terminate your subscription with Acsser, you are required to provide us with one month's notice. You can do this by contacting your designated contact person at Acsser.

This means that your one-month notice period starts when the next subscription period begins. For example, if your current subscription period runs from January 15th to February 14th, and you terminate the subscription on January 20th, your one-month notice will commence on February 14th. You will need to pay for the subscription until March 14th, while still having access to the service until the last day of the subscription.

Observera att om du vill avsluta eller ändra din årliga prenumeration eller partnerskapsavtal med Acsser krävs det att du ger oss en 1 månads uppsägningtid innan nästa prenumerationsförnyelse.

8.1 Free trial for 30 days

We offer an initial 30-day period free of charge to try our services at Acsser. During this period, you have the opportunity to explore and take advantage of our service without any financial commitment. To ensure a smooth transition from the free period to a subscription-based payment, the following terms apply:

If you wish to terminate your free subscription and do not want to transition 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 imposed on 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 are required to provide us with one month's notice. You can do this by contacting your designated contact person at Acsser.

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 shall provide the Services in substantial accordance with industry standards. Apart from this, Acsser makes no other warranties or representations 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 profits, loss of revenue, loss of business opportunities, loss of goodwill, or any indirect, consequential, special, or exemplary damages, whether such damages were foreseeable or not, and whether Acsser has been advised of the possibility of such damages. Acsser's total liability to you for any claims arising under 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 that gave rise to the claim.

 

11. Dispute Resolution and Applicable 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 exclusively bring any disputes arising under or in connection with this agreement to the competent court in Sweden.

 

12. Miscellaneous Terms

You may not transfer or assign this agreement or any of your rights or obligations under this agreement without the written consent of Acsser. Acsser may, without limitation, transfer or assign this agreement or any of its rights or obligations under this agreement. This agreement constitutes the entire agreement between you and Acsser regarding the subject matter herein and supersedes all prior or contemporaneous oral or written agreements, representations, and understandings between you and Acsser. If any provision of this agreement is deemed invalid, illegal, or unenforceable under applicable law, such provision shall be modified and interpreted to best accomplish the intent of the original provisions to the fullest extent allowed by law, and the remaining provisions shall remain in full force and effect. No failure or delay by either party to exercise any right, power, or remedy under this agreement shall constitute a waiver of such right, power, or remedy.

Genom att ingå i detta avtal ger Kunden Acsser AB uttryckligt tillstånd till Acsser att använda Kundens logotyp och namn i marknadsföringssyfte, inklusive men inte begränsat till publicering på Företagets webbplats, sociala medier, tryckt material och andra marknadsföringskanaler.

Företaget åtar sig att endast använda Kundens logotyp och namn på ett sätt som är förenligt med Kundens varumärkesriktlinjer, om sådana riktlinjer finns tillgängliga. Kunden har rätt att återkalla detta tillstånd genom att skriftligen meddela Företaget, och Företaget ska då omedelbart upphöra med användningen av Kundens logotyp och namn i marknadsföringssammanhang.