1. Introduction

General

1. These terms and conditions (these ”Terms”) apply between you, the individual end-user of the Service (“you” or “your”) and Convey Group AB, reg.no. 556908-8882 (“Company”, “we”, “us” or “our”).

2. The Terms apply to the Company’s provision of the service called “Hilma” (the ”Service”). By accessing and using the Service, you confirm that: (a) you have read and understood these Terms and our Privacy Notice, and (b) if you are accepting these Terms and using the Service on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to do so, and (c) you explicitly consent to the commencement of the Service and agree that you will not have any right of withdrawal. If you do not fulfil the criteria in (a) – (c), please do not access or use the Service.

Business Clients

1. These Terms may also apply to a company, organization or other legal entity (”Business Client”) that is using the Service in which case the definitions “you” or “your”, as used herein, shall apply correspondingly to the Business Client.

2. As a Business Client, you may only grant access to the Service to those of your employees and consultants who need to use the Service. When doing so, you shall ensure that your employees and consultants comply with these Terms. Consequently, you are responsible for the use of the Service within your organization, i.e. by your employees and consultants, and for any potential breaches of these Terms by you, your employees and consultants.

2. Provision of the Service

1. Subject to your compliance with these Terms, the Company shall deliver and make the Service available at the connection point where the Company connects the Service to a public electronic communications network.

2. The contents and functionality of the Service are set out in the product specification, available at [Link]. You acknowledge that the Service evolves constantly and as such, the Service may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Service or any features within the Service to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Service, suspend or terminate users, and reclaim usernames without liability to you. 

3. The Company undertakes to perform its obligations under these Terms in a professional manner and the Service shall be delivered in accordance with the methods and standards normally applied by the Company.

3. Content and User Data

1. For the purposes of these Terms, “Content” means (i) any data or other material that you input and process through the Service, and (ii) any material or result produced in or generated for you by the Service, including presentations.

2. You are responsible for your use of the Service and for any Content you collect and use, including compliance with applicable laws, rules, and regulations. You are responsible for only collecting and using Content that you are legally entitled to use and you shall not use, input or provide any sensitive or confidential information, or information that contains personal data. You represent and warrant that you have all the rights, power and authority necessary to use the Content. 

3. Any use of or reliance on the Service or any advice or Content obtained by you through the Service is at your own risk. Although we strive to provide a Service with accurate and efficient advice, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, efficiency or reliability of any Content, result, advice or communications available via the Service nor do we endorse any opinions expressed via the Service. We take no responsibility for how you use any Content, result or advice, or what you say or communicate in your presentations.

4. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, content that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content and as we do not monitor or control the Content available via the Service, we cannot take responsibility for such Content. 

4. Use of the Service

1. You may use the Service only for its intended purpose and in compliance with these Terms as well as all applicable laws, rules and regulations. If you are using the Service on behalf of a Business Client, you are responsible for using the Service in accordance with the Business Client’s policies and procedures.

2. You agree that the Company and its third-party providers and partners may place advertising on the Service or in connection with the display of Content or information from the Service. 

3. You agree not to misuse the Service, for example, by interfering with it or accessing it using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, the Company’s computer systems, or the technical delivery systems of the Company’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Company, (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, or attempt to do so, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service, (vi) upload, create, share and/or promote any Content that may be deemed offensive, abusive, defamatory, derogatory, discriminatory, obscene, violent, sexually explicit, or which promotes violence, terrorism, harassment, embarrassment, or any sort of illegal acts or nuisance for any person; (vii) use the Service to promote or encourage anyone to participate in criminal or illegal activities, or (viii) otherwise use the Service for purposes that are illegal, or that go beyond the intended scope of the Service, or infringe in any way these Terms. 

4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public. The Company does not disclose personally identifying information to third parties except in accordance with our Privacy Notice.

5. Your Account

1. You need to create an account to use the Service. You are responsible for safeguarding your account and for all activity under your account, so we encourage you to use a strong password and limit its use to this account only. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. 

2. We may need to provide you with certain communications, such as service announcements and administrative messages, from time to time. These communications are considered part of the Service and your account, and you may not be able to opt-out from receiving them. If you added your contact information to your account and you later change or deactivate that information, you must update your account information to help prevent us from communicating with anyone who acquires your old number or email address associated with your account.

6. Intellectual Property Rights

1. Subject to your compliance with these Terms, the Company grants you a limited, worldwide, non-assignable, non-exclusive and fully revocable license to use the Service as made available by the Company from time to time. Unless otherwise agreed in writing, the license set forth in this Section 6.1 is provided to you: (i) if you are a consumer, for your personal use only, and (ii) if you are a Business Client or a user of a Business Client, for your own business purposes only. Your license to use the Service will expire upon end of term in accordance with Section 10. The Company reserves all rights not expressly granted to you under these Terms.

2. Nothing in the Terms gives you a right to use the Company or Service name or any of the trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Service is and will remain the exclusive property of the Company and its licensors. 

3. As between you and the Company, all right, title and interest in and to the Content is and will remain the exclusive property of you.

4. You agree that the Company has the right to collect, analyze and use data or information resulting from your use of the Service provided that such data and information is deidentified and anonymized, in order to improve the Service and, if you are using the Service on behalf of a Business Client, report back to and/or sell to the Business Client reports containing the user behavior of its users, including your user behavior. However, please be aware that if you are using the Service on behalf of a smaller Business Client, there are no guarantees that your user behavior cannot be traced back to you, even if your data and information is deidentified and anonymized.

5. Any feedback, comments, ideas or suggestions (”Feedback”) you may provide regarding the Company or the Service is entirely voluntary and we will be free to use such Feedback as we see fit and without any restrictions, compensation or other obligations towards you or any third parties. Therefore, by sharing the Feedback with us, you renounce any legal, copyright or moral claim to them.

7. Third-Party Services and Subcontractors

1. General

1. The Company may, without your prior consent, integrate into, and use third-party services within, the Service. Your use of such third-party services may be subject to separate third-party licensing terms.

2. The Company may also engage other subcontractors to perform the Service or parts thereof as well as any other obligations under these Terms. 

2. AI Features

1. The Service may, from time to time, include artificial intelligence functions or features (”AI Features”). You are not required or obligated to use the AI Features unless you like. However, in case you do use the AI Features, this Section 7.2 applies to such use.

2. You acknowledge and agree that the AI Features are developed and licensed by third-party service providers and not by the Company. Consequently, those third-party service providers’ terms of use apply to your use of AI Features. 

3. Currently, the Company uses AI Features provided by Open AI, L.L.C., and the following AI Terms, which you agree to follow and be bound by if you use the AI Features, apply to your use of AI Features: https://openai.com/policies/terms-of-use. You are further aware of that the AI Features may only be used within the supported countries and territories listed in https://platform.openai.com/docs/supported-countries. The referred documents in this Section 7.2.3 are hereinafter referred to as the “AI Terms”.

4. Notwithstanding anything to the contrary in these Terms, the Company does not make any representations or warranties about the AI Features, including without limitation as to the completeness, truthfulness, accuracy, efficiency or reliability of the AI Features. Consequently, the Company takes no responsibility for your use of the AI Features or the material, advice or other results generated using the AI Features. 

5. You are aware that the Company has no control over and takes no responsibility for the Content that you use and input when using the AI Features or the manner in which such Content is handled by the applicable third-party service provider. You assume all risk and liability for any damage, breach or violation that occur as a result of your input of Content into the AI Features and any potential breach of intellectual property, privacy or other laws as a result thereof.

6. You agree to indemnify and hold the Company harmless from any loss, damage or claim that arises from your use of the AI Features or your breach of the AI Terms.

7. As between the Company and you, you are the sole and exclusive owner of the Content used and created when using the AI Features (”AI Content”). However, you are aware of that the third-party service provider that is providing the AI Features may use the AI Content as set out in the AI Terms, including to improve and develop their services.

8. The Company reserves the right to (i) disable, modify or change the available AI Features in the Service, including without limitation by changing the third party service provider of AI Features, in accordance with Section 2.2 above, and (ii) update the AI Terms that apply to your use of AI Features in accordance with Section 12.1 below.

8. Payments and Pricing

1. The Service is provided with different license plans and with different pricing. For more information, please see https://app.hilma.io/pricing. 

2. If you use a license plan of the Service that is subject to any fees, you authorize the Company, by your use of the Service, to initiate a single payment as well as series of payments on your behalf. The frequency of payments is, if not otherwise explicitly stated, recurring. The payments will be determined by the license plan chosen by you and potential discounts through the use of a discount code. Notwithstanding the foregoing, if you use the Service on behalf of a Business Client, the Business Client is responsible for the payment of the fees for the Service.

3. We do everything we can to ensure that the prices on our website are correct. Sometimes we need to change our fees for the Service. Whilst we make every effort to provide you with the most accurate and up-to-date information, changes may occur at any time and we reserve the right to change our fees at any time. We will notify you of any fee changes in writing in advance, and unless otherwise specified by us, the fee changes become effective for you upon your next subscription period. Your continued use of the Service after a change goes into effect will constitute your acceptance of such change.

9. Personal Data

1. To enable you to use the Service, the Company will process some of your personal data. For information on the Company’s processing of your personal data, please see the Privacy Notice.

10. Term, Termination and Suspension

1. These Terms apply for as long as you have a user account registered. You may terminate these Terms at any time by deactivating your user account(s) and discontinuing your use of the Service.

2. We may suspend or terminate your user account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe that: (i) you have violated these Terms (including any AI Terms) or any applicable laws, rules or regulations, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to inactivity; (iv) you fail to make payments in accordance with the license plan, or (v) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service.

3. Notwithstanding the foregoing, Sections 6, 7.2.4 – 7.2.6, 11 and 13  shall always survive termination.

11. Disclaimers and Limitations of Liability

1. General Disclaimer

1. Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “as is“ and “as available“ basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. The Company makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Service, will create any warranty or representation not expressly made herein.

2. Limitation of Liability

1. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Service; or (iv) unauthorized access, use or alteration of your transmissions or content. In no event shall the aggregate liability of the Company exceed the greater of SEK one thousand (1,000) or the amount you paid, if any, for the Service during the twelve (12) months preceding the claim.

12. Miscellaneous 

1. We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at the Company’s website, will govern our relationship with you. We will notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

2. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13. Applicable Law and Disputes

These Terms shall be governed by and construed in accordance with the substantive laws of Sweden, excluding its conflicts of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled in the general courts of Sweden, with the District Court of Stockholm as the court of first instance.