Zential

TERMS OF USE

1. GENERAL

1.1 The following terms and conditions (“Terms of Use”) apply to the customer’s (“Customer”, “you”) use of all websites and/or applications offered by Serious Holding AB reg.nr. 556864–2739 (“Serious”) and they form a legally binding agreement between Serious and Customer. By using Serious websites and/or applications (“the Services”) you acknowledge that you have read and understood these Terms of Use and you agree to be bound by the terms and conditions set out herein. 

1.2 You may only accept the Terms of Use if you have legal authority to do so. If you are a private person you must be eighteen (18) years or older to sign up for the Services and to accept the Terms of Use. If you enter into these Terms of Use on behalf of a legal entity you must be authorized to enter into binding agreements on behalf of the legal entity concerned under applicable law.

1.3 Your use of the Services is regulated by these Terms of Use and you understand and agree that compliance with them is a prerequisite for your right to use the Services.

1.4 Serious retains the right to update, amend, adapt or otherwise modify these Terms of Use in its own absolute discretion. You will be notified of updates, amendments and modifications in due time prior to their entry into force and they will take effect on the date stated in the notification to you. Your use of the Services constitutes an acceptance of the Terms of Use, hence your continued use of the Services shall be regulated by any updated Terms of Use from the date of their entry into force.

2. CONSUMER WITHDRAWAL

2.1 In the event Customer is a ”consumer” (”consumer”), these Terms of Use shall apply to the extent permitted by law.  

2.2 Any Customer who is a natural person who, in relation to activities covered by these Terms of Use, is acting for purposes which are outside his trade, business, craft or profession shall have a period of fourteen (14) days, to withdraw from the Terms of Use without giving any reason (“Withdrawal period”). The Withdrawal period shall expire after fourteen (14) days from the day of the conclusion of these Terms of Use.  

2.3 The right of withdrawal applies where:

  • the Terms of Use are entered into between Serious and Customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time when the contract is concluded, or
  • the Terms of Use are entered into between Serious and Customer in the simultaneous physical presence of Serious and Customer, in a place which is not the business premises of Serious, and
  • Customer has informed Serious of his/her decision to withdraw from the Terms of Use by an unequivocal statement in accordance with paragraph 15.1 of these Terms of Use or using the the model withdrawal form as set out in Appendix I (B) to directive 2011/83/EU of 25 October 2011 on consumer rights and the Distance and Off-Premises Contracts Act.

2.4 If Customer withdraws from the Terms of Use in accordance with this paragraph 2, Serious shall reimburse Customer all relevant payments received from Customer. Customer is not entitled to any reimbursement if Customer has accessed the Services during the Withdrawal period.

3. MEMBERSHIP AND PAYMENT

3.1 Serious grants to Customer a non-exclusive, revocable, non-transferable and non-chargeable version “Freemium version”. Any additional features that are not included in the non-chargeable Freemium version must be purchased separately by Customer as a “Premium version”. Payment is handled directly between Customer and Stripe and Serious shall not keep any account information or other personal data, which shall instead be processed by Stripe according to Stripe’s user terms and privacy policy (www.stripe.com).

3.2 The Premium version will be paid in advance monthly by credit card. No other payment options shall be allowed. Serious deducts the fee monthly in advance and in the event the fee cannot be deducted, the user will immediately be downgraded to a Freemium version. Payment shall be made where Customer pays the fees through the platform Stripe (stripe.com).

3.3 Serious reserves the right to make general price adjustments and to amend the payment methods referred to above in its absolute discretion. Serious also retains the right to increase the prices for individual Customers in case of violations of the conditions in these Terms of Use.  Such changes shall be announced in due time before they take effect.

4. PRIVACY AND SURVEILLANCE

4.1 When you use Serious platform, your data, including your personal data, is registered and stored. Serious processing of your personal data is regulated by Serious’ Privacy Policy, which you can find here.

4.2 Serious does not monitor all content generated by Customer and has no obligation to do so. However, Serious reserves the right to monitor all content generated by you when you use the Services, including your personal data, and to edit, delete or remove any content Serious finds inappropriate. Such deletion or removal may be performed without prior notice. Serious shall not be liable for any direct or indirect/consequential losses for any loss of data.

4.3 Serious does not assume responsibility for any opinions expressed by Customer using the Services. Such opinions only reflect the opinion of the person posting the comment and shall not be interpreted as reflecting Serious or any Serious associated partners’ opinions. If you should discover that any content on the websites violates applicable laws or these Terms of Use or is otherwise inappropriate, please report it to contact@zential.se.

4.4 Serious may process your personal data for direct advertising purposes, including but not limited to offer you promotions and news of our Services. This is further regulated by Serious’ Privacy Policy

5. WARRANTIES BY SERIOUS

5.1 Serious websites and applications are provided on an as-is basis and Serious does not provide any express warranties including without limitation regarding the standard, delivery, timing and security of the Services. Serious does not guarantee that the Services will be provided without interruptions nor that the Services are free from defects and other errors. Serious shall take reasonable measures to ensure the availability of the Services. Serious does however not guarantee any percentage rate of availability of a specific function, website or application included in the Services.

5.2 Serious may suspend the provision of the Services, for example in case of scheduled maintenance or in the event of a virus, worm, trojan or other attacks on Serious’ IT environment.   

5.3 Serious reserves the right to modify, suspend, remove and amend the Services, including the content of the Services, in its own discretion and without prior notice. Amendments that significantly alter Customer’s use of the Services will, however, be announced in due time prior to their entry into force.

5.4 Serious is not responsible for services or any other activities provided by its associated partners. Serious shall not be held responsible for any measures taken by its associated partners, including but not limited to changes in ownership, insolvency and/or litigation.

6. WARRANTIES BY CUSTOMER

6.1 Customer represents and warrants that:

(a) Customer is an authorized representative with legal authority to enter into these Terms of Use.

(b) Customer has full legal rights and is authorized to use all content Customer has inserted and processes in the Services.

(c) The content it has inserted and processes in the Services, including all products, and/or any other features that may be linked from the content, are lawful and legal and cannot be regarded as unlawful for the purposes of these Terms of Use. In the event the content and/or products are claimed to be unlawful or illegal in any jurisdiction, Customer accepts full responsibility and shall reimburse any costs that Serious may incur in relation to such claim. This includes but is not limited to any virus or other distracting program or device that could incur or injure any computer system.

(d) Customer owns the intellectual property rights to the content it has inserted and processes in the Services. Customer thus warrants that the content and/or products cannot be held to be defamatory, offensive or in any other way lead to a claim that may lead to extra costs incurred by Serious.

(e) Any information provided by Customer is correct and legal.

(f) Customer shall not damage, interfere with or prevent access to the Services or otherwise harm the Services. Customer shall only use the Services to an extent which can be considered as standard. If Customer uses more server power and data than standard and this adversely affects other Customers, Customer will be warned. If Customer continues using the Services with extensive resources, notwithstanding Serious warning, Customer will be blocked from further use of the Services without any reimbursement of payments already made to Serious.

6.2 Customer accepts that neither Customer nor Serious shall have the right to base a claim on any written or oral warranties and representations not stated in these Terms of Use. Notwithstanding anything said in these Terms of Use so far, neither party excludes liability for gross negligence, fraudulent misrepresentation, intentional misconduct and/or personal injury.

6.3 Customer shall bear all costs relating to the misuse of the Services, including but not limited to payment to the Internet Service Provider (“ISP”).

7. CUSTOMER’S BREACH OF THE TERMS OF USE

7.1 Subject to all applicable laws and regulations, if Customer violates a provision of these Terms of Use, Serious shall, even without proof of intent or negligence, be entitled to damages for all loss caused to Serious on account of the breach of the terms. In the event of Customer’s substantial breach of contract, Serious shall also be entitled to terminate the agreement with immediate effect and suspend Customer from further use of the Services. Customer shall not be entitled to any reimbursement of payments previously made to Serious.

8. INDEMNITY

8.1 Customer agrees to indemnify and hold Serious and its affiliates and employees harmless against all liability, damages claims, demands, reasonable legal costs and expenses of whatsoever nature arising out of or in connection with or as a consequence of any breach under these Terms of Use and in particular breach of any warranties and representations. In the event Customer is a consumer, this clause shall at all times be subject to mandatory consumer laws.

9. LIMITATION OF LIABILITY

9.1 Serious shall not be held liable for any delays and/or non-delivery of the Services under these Terms of Use. Serious shall not be liable for any indirect or consequential loss, such as, including but not limited to, loss of profits, loss of revenue, loss of content or any other data. Serious liability under these Terms of Use shall at all times be limited to the amount equal to the total fees paid by Customer for the Services during the three (3) months prior to the claim giving rise to incurred costs by Serious and/or breach of contract or if three (3) months have not passed since Customer signed up for the Services, the total fees paid by Customer to Serious.

9.2 Any claim for compensation by Customer must be made at least two (2) months after the date when Customer first became aware of the breach.

10. SECRECY

10.1 Customer undertakes that without prior written consent from Serious no commercial or technical information including without limitation to software specifications, development and proprietary algorithm, which Customer has come to know in one way or another through the performance by Serious under the Services of these Terms of Use, shall be disclosed in whole or in part to any third party, except to the extent necessary for the exercise of its rights granted under these Terms of Use. Customer shall use all reasonable means to preserve the secrecy of such confidential information, such undertaking to continue in so far and for so long as such confidential information has not become part of the public domain. This article shall survive the expiration of the Terms of Use.

10.2 Serious undertakes to keep Customer’s content in the Services confidential pursuant to Serious Privacy Policy.

11. TERM AND TERMINATION

11.1 These Terms of Use shall enter into force on the date when Customer signs up for the Services and shall, unless terminated according to the provisions in these Terms of Use or as may otherwise be agreed, expire as provided in clause 11.2 below.

11.2 The Customer may, at any time and with immediate effect, downgrade their subscription or terminate the Terms of Use via their account settings. Paid fees are not refundable. Serious may terminate the Terms of Use by providing one month’s notice per email or otherwise.

11.3 Notwithstanding the provisions under clause 11.2 above, these Terms of Use may be terminated; by either Customer or Serious with immediate effect upon written notice if the other party should become insolvent or a petition in bankruptcy should be filed by or against it, or a receiver of its property or a substantial part thereof should be appointed.

11.4 For Customers who are consumers, a Withdrawal period of fourteen (14) days applies in accordance with paragraph 2 of these Terms of Use.

12. ASSIGNMENT

12.1 Neither these Terms of Use nor any rights under these Terms of Use shall be assigned or otherwise transferred by Customer without the prior written consent of Serious. Serious shall have the right to assign all or part of these Terms of Use without Customer’s approval. These Terms of Use shall bind and insure to the benefit of the successors and permitted assigns of the parties.

13. ENTIRE AGREEMENT

13.1 These Terms of Use is the entire agreement between Customer and Serious with respect to this subject matter, and supersedes all prior and contemporaneous discussions, communications and agreements, written or oral, with respect thereto. Customer and Serious confirm that they have not been induced to enter into these Terms of Use as a result of any representation or statement which is not set out herein.

13.2 These Terms of Use may be changed only by a written document signed by authorized representatives of Serious and Customer.

14. MISCELLANEOUS

14.1 Any notice to be given by either party pursuant to these Terms of Use must be in writing and may be sent by e-mail to the e-mail address of the recipient party.

14.2 These Terms of Use are in the English language only, which language shall be controlling in all respects. Any versions of these Terms of Use in any other language will be for accommodation only and will not be binding on either Serious or Customer.

14.3 Serious and Customer understand and agree that their relationship hereunder is one of contract and that they are not and shall not be construed as partners, joint ventures, or agent and principal. In no event shall either party be authorized to act for or on behalf of the other party.

14.4 If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid under any applicable statute, rule or law, Serious and Customer agree that such invalidity shall not affect the validity of the remaining provisions of these Terms of Use, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. Headings used in these Terms of Use are provided for convenience only and shall not in any way affect the meaning or interpretation hereof.

14.5 Neither party shall be liable to the other for any delay or non-performance of its obligations under these Terms of Use arising from any event that is beyond the parties’ control (“Force Majeure Event”).  In the event of a party being so delayed or prevented from performing its obligations, such party shall: (i) give notice in writing of such delay or prevention to the other party as soon as reasonably possible, stating the commencement date and extent of such delay or prevention, the cause of such delay or prevention and its estimated duration; (ii) use reasonable efforts to mitigate the effects of such delay or prevention upon the performance of its obligations of these Terms of Use; and (iii) resume performance of its obligations as soon as reasonably possible after the removal of the cause of the delay or prevention. If a party is prevented from performing its obligations by a Force Majeure Event for more than eight (8) consecutive weeks the other party may terminate these Terms of Use immediately upon written notice.

15. LAW AND JURISDICTION

15.1 Serious and Customer endeavor to use their reasonable efforts to negotiate to settle any dispute or claim that may arise in relation to these Terms of Use.

15.2 In the event any dispute or claim cannot be settled between Serious and Customer, the Swedish courts shall have jurisdiction on these Terms of Use and Swedish law shall apply. In the event Customer is a ”consumer”, higher standards of protection can be applied in certain areas and the law where consumer has his habitual residence can be applied in some cases.

The information included in the Terms of Use may at any time be amended by Serious.

Last updated: 2019-05-08

CONTACT

Serious Holding AB, reg.nr. 556864–2739

Nobelvägen 2 

Box 975

801 33 Gävle 
Gävleborgs län

Sweden 

E-mail: contact@zential.se