Terms & Conditions

Edsvärd Hållbarhet AB General Terms of Service for Access to Contract Management Solution as Software as a Service (SaaS)

These general terms of service (“TOS”) apply when Edsvärd Hållbarhet AB (henceforth referred to as Edsvärd) (organization number 559153-9746) provides access to its SaaS and your use of software and additional services in their existing condition (the “Services”). The Customer gains access to the Services when these TOS have been accepted, which occurs in connection with signing the agreement or using the Services.

1. Subscription
   
   1.1 The Customer purchases a subscription to the Services which gives the Customer access to and the right to use the Services. The Services are provided as is and according to good practice in the market. Edsvärd is responsible for errors in the Services which mean that the Services do not function as they should normally be expected to regarding the Services’ function.
   
   1.2 The subscription applies to the users and number of contracts specified in the offer. Only Users with a paid and valid subscription are entitled to use the Services.
   
   1.3 Edsvärd or third-party suppliers own all rights to the Services. This Agreement does not mean that copyright or other intellectual property rights to the Services is transferred to the Customer. Customer may not copy, change or otherwise handle software or other material belonging to the Services, nor transfer or grant rights to such software or other material belonging to the Services.
   
   1.4 User licenses are issued for individual named Users. User accounts are created and administered by the Customer. User licenses may not be shared or used by more than one User, but the Customer may freely transfer a user license from one User to another. Every user should exercise caution in the use of permissions and passwords. Information about unauthorized use must be provided to Edsvärd when the Customer receives information about this.
   
   1.5 The price for the subscription is the price specified in the proposal. The price is always stated excluding value added tax. The Customer receives a limited, terminable, non-exclusive and non-transferable right to use the Services for the Customer’s internal business operations against the payment of fees according to the agreed price. The Customer retains ownership of all user data that the Customer provides to the Services.
   
   1.6 The Customer retains ownership of all its content in the service. Edsvärd may only use the Customer’s data to provide the service or to use it for statistical reasons (as unidentifiable data) and undertakes not to share, sell or exploit the content for any other purpose.
   
   1.7 Edsvärd has the right to make changes to the Services, which may mean changes in functionality. Services include Samporten Coordination Tool (map-based planning, AI collaboration) and Information Management (document system, AI assistant).
   
   1.8 Grant non-exclusive, non-transferable license per paid metrics (e.g., users, data). No disassembly, modification, or sub-license. Breach allows invoicing from delivery per price list. Audit rights granted.

2. Payment
   
   2.1 When the agreement is entered into between the parties, Edsvärd invoices the Customer for the subscription period entered into between the parties.
   
   2.2 Payment must be made 30 calendar days from the invoice date. In the event of non-payment, statutory late payment interest is added from and including the due date of the invoice and, where applicable, a reminder or collection fee is charged.
   
   2.3 Edsvärd has the right to terminate with immediate effect the Agreement if payment of the invoice has not taken place thirty (30) calendar days after the due date of the reminder invoice.
   
   2.4 Price adjustment takes place according to the Consumer Price Index (CPI). The base value is the index established for the month of October of the previous calendar year. Due to increased costs based on general or specific technical development, Edsvärd have the right to raise the price in addition to the CPI by up to three percent before each new contract period.
   
   2.5 Edsvärd also has the right to raise the price in other cases, but then Edsvärd must contact you no later than thirty (30) days before Edsvärd raise the price to inform you of the change. The new price only comes into effect when the next contract period begins. The Customer have the right to terminate the Agreement in the event of a possible price adjustment. If the Agreement is terminated the agreement then runs for another period with the price before the latest price adjustment and ends thereafter.

3. Contract Period
   
   3.1 The contract period is 12 months from the date the contract was signed, unless otherwise stated in our proposal to you. If the Agreement is not terminated as described below, it is automatically extended by 12 months. Auto-renew unless notice to backoffice@edsvard.se before end.
   
   3.2 The Customer can terminate the Services by notifying Edsvärd in writing. The termination must be made no later than 30 calendar days before the end of the contract period. Edsvärd has the right to terminate the Agreement no later than three months before the end of the contract period.
   
   3.3 Edsvärd’s rights and obligations relating to confidentiality, rights to the service (including intellectual property rights), infringement of rights to the service, limitation of liability as well as dispute and choice of law shall be valid even after the agreement has otherwise ceased to apply. Terminates on breach, bankruptcy, or non-renewal; cease use immediately.
   
   3.4 Operational Security, Support, Information Security and Processing of Personal Data The services are provided 24/7 except for planned downtime. Edsvärd Hållbarhet AB’s ambition is for uptime to exceed 99%.
   
   3.5 Support takes place via the Internet, e-mail and telephone, Monday to Friday, 09.00 – 16.00. No support included; report faults.
   
   3.6 Edsvärd’s ambition is to provide safe and reliable services and strives to provide adequate administrative, physical and technical security measures at all times.
   
   3.7 Regarding personal data supplied by you in the Services, the Customer is the personal data controller and Edsvärd personal data assistant. The parties must therefore always sign a personal data processing agreement that regulates this relationship.

4. Liability Limitations
   
   4.1 Edsvärd’s liability is limited to compensating only for direct damages, excluding indirect damages such as lost profits, business opportunities, or data corruption. Edsvärd limits its total liability to an amount proportional to the value of the contract over a 12-month period. Liability is excluded unless there is intentional misconduct or gross negligence. Edsvärd is only liable to the Customer and not to any third parties, such as employees, Customers, suppliers, or partners. Total liability capped at €100,000 or 100% of fees paid. No liability for data loss, indirect damages, even if advised.
   
   4.2 The Customer must indemnify the company if they or their users cause damage to Edsvärd through intentional misconduct or gross negligence, particularly if the Customer misuse the SaaS service or violate the agreement.
   
   4.3 Any claims for damages must be notified in writing within 30 days of the event giving rise to the claim.
   
   4.4 Edsvärd provide certain automated features, including but not limited to AI-driven predictions, recommendations, and notifications, to assist you in managing your contracts. These features are intended to aid decision-making, but they do not replace your obligation to independently verify the accuracy, suitability, and timeliness of these outcomes. Specifically, the Customer is solely responsible for reviewing and verifying any predictions or notifications generated by the Service, including but not limited to those related to contract renewal, termination, or performance. Edsvärd does not guarantee the accuracy or completeness of such automated outputs, and you acknowledge that reliance on these features is at the Customers own risk. Edsvärd shall not be liable for any damages, losses, or penalties arising from your failure to take timely action regarding contract termination, renewal, or other obligations based on automated predictions or notifications. The responsibility to monitor and act on the Customers contractual obligations remains with the Customer. Edsvärd's total liability for any errors or malfunctions in the automated features is subject to the limitations set forth in Sections 4.1 through 4.3. No warranties; disclaim merchantability, fitness, non-infringement. Not for fail-safe use.

5. Infringement of Rights
   
   5.1 Edsvärd is responsible for ensuring that the Services do not constitute an infringement of the intellectual property rights of third parties. IP indemnification: Defend Swedish claims; options: secure rights, replace, refund prorated. Customer indemnifies for modifications. No third-party patent warranty.
   
   5.2 Edsvärd undertakes to reimburse the Customer for the compensations and damages that the Customer is ordered to pay by settlement or judgment for infringement of intellectual property rights (including acts contrary to the law on business secrets) through the Customer’s use of the Services.
   
   5.3 In the event of an allegation of or ascertained infringement, Edsvärd shall at its own expense take over the dispute and bring proceedings for the Customer, and at its own expense either assure the Customer the right to continued use of the Services or replace the disputed part of the Services that corresponds to the functions.
   
   
   

6. Non-Disclosure
   
   6.1 The parties undertake, for a period of five years from the date of signing this agreement, not to disclose to outsiders such information received by the party from the other party which is of such a nature that it can be considered as the other party’s trade secret. The parties shall also take the necessary measures to prevent such trade secrets from being disclosed to outsiders by employees. The confidentiality commitment does not cover information that (i) is publicly available at the time of receipt or which subsequently becomes publicly available otherwise than through the receiving party’s act or failure to act; (ii) was demonstrably known to the receiving party before the information was received in connection with the agreement between the parties; (iii) receiving party received without a confidentiality clause from a third party who is not bound by confidentiality in relation to the sending party; or (iv) receiving party according to constitution or authority decision is obliged to disclose.
   
   
   

7. Transfer of the Agreement 7.1 Rights and/or obligations under this Agreement may not be assigned without the written consent of the other party.
   
   
   

8. Changes and Additions 8.1 Amendments to and/or additions to the Agreement must be in writing and signed by the parties to be valid.
   
   
   

9. Applicable Law and Dispute 9.1 Swedish law shall be applied to the Agreement. Disputes arising from the Agreement shall be finally settled by a general court. Comply with Swedish/EU export laws. Entire agreement; governed by Swedish law, Stockholm courts. Amendments in writing. Data collection for improvements (e.g., AI training).

Edsvärd Privacy Policy

1. Purpose Personal data is only processed in accordance with this policy and applicable laws, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”). The purpose of this policy is to ensure our users and visitors of this homepage (edsvard.se) that we respect your privacy and only process personal data in accordance with applicable laws, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”). We process your personal data in order to be able to provide our services to you in an effective and safe manner.

2. Controller and processor When you as a customer use Edsvärd’s services you will be the controller of the data and Edsvärd is considered to be the processor of data. This means that the controller will have to inform the data subjects of its processing of personal data through Edsvärd’s services. Edsvärd will comply with the controller’s instructions and process data in accordance with a Data Processing Agreement between the parties. Edsvärd is the data controller when data about visitors to its home page is processed.

3. Personal Data 
   3.1. Personal data processed We process the following categories of your personal data: Contact information: your name, phone number, email address and employer; Usage data: cookie information, behaviour on the Webpage or in our services and platform and information you provide by filling our online forms (e.g., information about your role as an employee or employer); User data: your name, phone number, email address, title, organisation; Device data: IP-number, internet connection, operating system, time zone, screen resolution, language settings, web browser settings and equipment used; Technical data: technical information generated through your use of our Webpage and services, such as response times, location, dates and times of usage and any encountered errors or crashes; Communication data: information contained in your communications with us. For example, the information you provide to us in any support message or otherwise when you contact us.
   
   3.2. Purpose of processing data We process your personal data for the following purposes: – to analyse the use of our Webpage and platform; – to administer and carry out our services towards you as Customer; – to market our services; – to improve and personalise our services to our users; – to comply with legal obligations; – to analyse risks to our IT environment or business; – to communicate with you when you contact us for any reason; – to establish and defend legal claims; and – for administration in connection with an acquisition, restructuring, etc. In the tables below, you are provided with more information about our processing of your personal data. (Retention tables unchanged; Data collection for AI improvements, anonymized.)
   
   
   

4. Data Subjects Your personal data may relate to the following categories of data subjects: · Customers and potential customers · End users of our services · Visitors to our Webpage · Contact persons · Employees of customers
   
   
   

5. Disclosure of Personal Data We may disclose your personal data to the following recipients:

·      Suppliers and subcontractors, for example suppliers of IT services, such as hosting providers, and suppliers of e-mail services. Authorities, if required by law.

·      In connection with an acquisition, restructuring, etc. We ensure that appropriate safeguards are in place when we disclose your personal data to third parties, for example by entering into data processing agreements with our suppliers and subcontractors.

6. Transfer of Personal Data Your personal data may be transferred to countries outside the EU/EEA. We ensure that appropriate safeguards are in place when we transfer your personal data outside the EU/EEA, for example by entering into the European Commission’s standard contractual clauses.
   
   
   

7. Your Rights You have the right to:

·      Request access to your personal data.

·      Request rectification of your personal data.

·      Request erasure of your personal data.

·      Request restriction of processing of your personal data.

·      Object to processing of your personal data.

·      Request data portability.

·      Withdraw your consent, if the processing is based on consent.

·      Lodge a complaint with the supervisory authority.

8. Security We have implemented appropriate technical and organisational measures to protect your personal data. Not immune from breaches; no liability per limits.
   
   
   

9. Changes to this Policy We may change this policy from time to time. The latest version is always available on our Webpage.
   
   
   

10. Contact If you have any questions about this policy or our processing of your personal data, please contact us at backoffice@edsvard.se.

Edsvärd Sub-processors

·      Amazon Web Services EMEA SARL Location: EU Purpose: Hosting Provider (Public Cloud), Data Storage

·      IBM Cloud: AI cloud hosting and storage

·      ArcGIS (Esri) Location: EU Purpose: Mapping and Geospatial Services

·      Sendgrid: Provides reliable email delivery, templates, analytics, and scalability.