Parties to the Agreement: The terms and conditions of use of the application (hereinafter referred to as the 'Terms and Conditions') apply between Alex AB (publ) with organization number 559338-7698 (hereinafter referred to as the 'Provider') and the User of the Application. The Provider and the User are collectively referred to as the 'Parties' and individually as the 'Party'.
Age limit: In order to use the Application, the User must be at least 18 years old. The physical person using the Application confirms that he/she is at least 18 years old by accepting the Terms and Conditions. The private user hereby certifies that he/she has the right to independently enter into this legally binding agreement by accepting the Terms and Conditions.
Authorized signatory: If the User represents a trader/legal person/organization ('Trader'), the User hereby certifies that he/she has the right to enter into a legally binding agreement on behalf of the represented Trader (signatory rights) and that these terms and conditions will be binding between the Provider and the represented Trader. The Trader is fully responsible for its users' use of the Application and/or the Advisory Service and is responsible for any breach of contract by its users.
Scope: The Terms and Conditions apply to both the Application and the Advisory Service. Supplementary terms and conditions relating to the Advisory Service are also set out in the Provider's applicable 'Service Terms', which the User must accept when booking the Advisory Service. The current Service Terms are published in the Application and on the Website.
Conditions: The User undertakes to comply with the current Terms and Conditions, which are published in the Application, as well as any other rules of conduct and instructions provided by the Provider from time to time. When the User uses the Application, the User is also obliged to comply with the current laws, regulations, and official decisions. If the User does not accept the current Terms and Conditions and any other rules of conduct and instructions provided by the Provider from time to time, the User does not have the right to use the Application. In such cases, the Provider reserves the right to terminate the User's User Account immediately and without prior notice thereof.
Term of the Agreement: The current Terms and Conditions apply until further notice, until the User Account is terminated. The provisions of these Terms and Conditions regarding, among other things, intellectual property rights and dispute resolution, as well as any other provisions that expressly or by their nature are intended to apply even after the termination of the agreement, shall continue to apply even after the agreement between the Parties has ceased to apply.
The following terms shall have the meaning indicated below, both when expressed in the plural and singular:
Website: refers to www.alexapp.se
Application: refers to the "aLex" application on the App Store and Google Play and the web app on www.alexapp.se
Advisory Service: refers to video meetings between the User and the Advisor (and possible Interpreter) via the Application.
Interpretation Service: refers to the booking of an interpreter that the User can order in connection with the Advisory Service for an additional fee. The Interpretation Service is provided in connection with the Advisory Service.
Service: refers to the Advisory Service and any Interpretation Service.
User: refers to the Private User or Business User using the Application.
Private User: refers to a User as a consumer/private person. Business User: refers to a User as a trader/organization/legal person using the Application and/or purchasing the Service.
User Account: refers to an identity in the Application that identifies a User and gives the User access to the Application's features.
Advisor: refers to the person performing the Advisory Service.
Interpreter: refers to the person performing the Interpretation Service.
Third Party: refers to someone other than the User, the Advisor, the Interpreter, or the Provider.
Personal Data: refers to any information that, directly or indirectly, alone or in combination with other information, may be linked to an identified or identifiable living individual. Common examples of Personal Data include: name, phone number, address, email address, profile picture, user ID, credit card number, etc.
Registered: refers to the physical person who can be identified through the Personal Data.
Processing: refers to everything that happens with Personal Data, automated or otherwise. Processing of Personal Data can occur in various ways, including through a single action or a combination of different actions. Common examples of Processing of Personal Data include: storage, deletion, sharing, reading, registration, copying, collection, organization, use, adjustment, de-identification, etc.
Payment Service Provider: refers to a Third Party that processes payments from Users on behalf of the Provider using the available payment methods provided by such Third Party in the Application.
GDPR: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Application: The application is available for Android version 5+ and iOS version 10+ (smartphone). The user is responsible for having the technical equipment, internet connection, and software required for using the Application and/or Service. The web app is available at www.alexapp.se.
Consultation Service: The consultation service refers to a video meeting with an Advisor (and, if necessary, an Interpreter) through the Application in the field of labor law. The user can schedule a specific video meeting with an Advisor in accordance with the booking options provided through the Application's booking system. The user can schedule a meeting on a specific day and time from the available time slots in the booking system. Booking conditions, payment conditions, etc. regarding the consultation service are stated in the current "Service Terms" that the user accepts upon completing the booking through the Application. The service terms are supplemented by the provisions in these User Terms.
Interpretation Service: The user has the option to book an Interpretation Service for an additional fee in connection with the booking of the Consultation Service. The Interpretation Service is an additional service. More information about the Interpretation Service can be found in the Service Terms.
Data Traffic: Standard data traffic charges may apply when using the Application, as the Application's features require an active internet connection. By using the Application (and accessing the Service), the user accepts responsibility for payment of any such fees from the user's mobile operator and/or third party (e.g. data roaming charges, Wi-Fi charges, etc.).
Uploads: The user can upload digital documents and files to the Application and can choose to delete information that the user has registered or uploaded to the Application at any time.
Communication with the User: The provider may communicate with the user through, among other things, email and push notifications (provided that the user has enabled the push notification function). Any verification code is sent via SMS to the phone number provided by the user during registration of the user account. The user can choose to decline push notifications through settings in the Application. However, the provider's communication with the user regarding the Application, user account, and/or Service cannot be opted out, as this is considered part of the service provided by the provider and is necessary for support matters.
Registration: A user account can be created by the user providing their phone number and receiving a verification code via SMS to that phone number, which should be entered in the Application. Once the verification code has been entered in the Application, the user can register their user account by filling in their name, email address, etc. The user can also create their user account by logging into the Application through their mobile BankID.
User Account: The user account is personal and may only be used by the user registered on the account. This means that the user may not transfer or assign their user account to anyone else.
Contact Information: The user shall ensure that their contact information registered in the Application is correct and up-to-date throughout the entire term of the agreement. The user shall also keep their user profile in the Application updated throughout the entire term of the agreement.
Login Information: The user shall handle their login information for the user account confidentially. If the user discovers or suspects unauthorized access to their user account, the user shall immediately change the login information. The provider is not responsible for any misuse of the user account by any other person, nor for any damages or other consequences arising from such misuse. All activity carried out through the user account is considered authorized activity performed by the user.
Termination of User Account: The user has the right to terminate their user account at any time through the settings in the Application. If the user has not logged into their user account during a continuous period of two (2) years, the user account will be automatically terminated. When the user's user account is terminated, regardless of the reason, all information stored in the user account is permanently and immediately deleted, without the possibility of recovery.
Breach of Agreement: If the provider believes that the user is somehow abusing the Application, breaching the User Terms, or is suspected of breaching them, the provider has the right to terminate the user account and all agreements entered into with the user. In such cases, the user is not entitled to compensation or any other form of compensation from the provider. The user is only entitled to a refund of any amount paid for a scheduled but not completed video meeting with an Advisor. If the provider terminates the user's user account in accordance with this provision, the user may only register a new user account after obtaining the provider's prior written approval. The user is obliged to indemnify and hold the provider harmless from any damage caused to the provider (including, but not limited to, legal costs, attorney's fees, and all claims by third parties) in connection with the user's breach of the User Terms, applicable law, or unauthorized use of the Application, unless otherwise required by mandatory law.
Responsibility: The user is solely responsible for everything they register in the Application or otherwise convey to the Provider and/or Advisor. The user must ensure that such conveyed or registered information is accurate, complete, and up-to-date, and that the information in question does not violate the User Terms, applicable laws, or the rights of third parties. The user is solely and fully responsible for their actions, including any failure to act.
Prohibition of abuse, etc.: The user guarantees not to abuse information that can be obtained from the Application and undertakes not to take actions aimed at circumventing technical security measures, hacking, or introducing viruses to the Application. The user also guarantees not to register, distribute, introduce, or otherwise make available content in the Application that is illegal or contains threatening, offensive, punishable, racist, sexist, homophobic, hateful, or pornographic elements.
Use of the Application: The user guarantees not to use the Application and/or Advisory Service a) in such a way that the Provider or any other natural or legal person suffers inconvenience or harm, b) in violation of the User Terms or applicable laws, or c) for purposes other than what the Application is intended for.
Registration of Personal Data: Unless necessary for the use of the Application or the performance of the Advisory Service, the user may not:
PROCESSING OF PERSONAL DATA
The Provider processes all Personal Data in accordance with the EU's data protection legislation (GDPR). More information about the Provider's Processing of Personal Data can be found in the Provider's privacy policy.
Accessibility: The Supplier is responsible for technical support and maintenance of the Application and strives to make the Application available for use 24/7 throughout the year. However, technical complications and disruptions may occur.
Limited access: The Supplier has the right to take actions that affect the availability of the Application if required for technical, maintenance, operational, or security reasons, without the need to notify when such interruptions may occur. If the User has been unable to conduct a scheduled video meeting on the booked date and time for the Advisory service due to such permissible interruptions, planned maintenance, and/or technical problems identified by the Supplier, the User is entitled to rescheduling or refunding of the amount paid for such booked but not conducted video meeting. The User is not entitled to damages or other compensation from the Supplier for lack of access to the Application due to such permissible interruptions and/or planned maintenance.
Automatic updates: The Application is continuously updated and the User should always use the latest version of the Application. The current Terms of Use also apply to updates of the Application.
Error reporting: If the User discovers any errors regarding the Application, an error report can be made to the Supplier by sending a message to the following email address: app.admin@alexapp.se. The Supplier will attempt to rectify discovered errors within a reasonable time and to the best of its ability, to the extent possible.
User-generated content: The Supplier does not claim ownership of the content registered by the User in the Application. The Supplier has the right to access all information recorded in the Application by the User in order to verify compliance with the Terms of Use. The Supplier reserves the right to remove content from the Application if the Supplier deems it to be in violation of the Terms of Use or otherwise incompatible with the purpose of the Application.
Intellectual property rights: The Supplier owns all rights related to the Application and the Supplier's business, such as the Application's software, source code, logo, the Website's domain, the Supplier's and the Application's trademarks, copyrights, and other intellectual property rights (except for any rights owned by the Supplier's licensors or other third parties). The Supplier does not transfer or assign any of its intellectual property rights to any other party in connection with the Terms of Use or the Service Terms.
Commercial use: The User guarantees that they will not commercially exploit the content from the Application in any way. It is not permitted to use images, texts, or other material belonging to the Supplier in communities, organizations, business activities, or for other commercial purposes. It is considered a material breach of the agreement to violate this clause.
Anonymization: The Supplier has the right to anonymize Personal Data and all data generated in connection with the User's use of the Application and utilization of the Service. The Supplier also has the right to freely use, store, and share such anonymized data without any time limitations, including the right to use anonymized data for statistical and evaluation purposes for the development of the Supplier's services, including the Application.
Logging: The Supplier uses certain logging of the Application's usage to, among other things, conduct troubleshooting, investigate abuse, analyze breaches, analyze the use of the Application, and provide information to authorities if required, and if possible, non-essential Personal Data shall be excluded from the Processing in such cases.
Subcontractor: The Supplier has the right to engage subcontractors for the fulfillment of its contractual obligations and commitments arising from agreements entered into with the User.
The Supplier is not responsible for:
- information, materials, files or information provided by the User
- Third party content linked to or from the Application,
- interruptions in availability caused by circumstances for which the User is responsible
or due to errors in the User's equipment/hardware, software or errors in
software that constitutes a third-party product or connecting network,
- viruses or other attacks in the Application, or
- errors, delays or damage caused by Third party applications, plugins or similar.
Neither party can be held liable for consequential damages, loss of profit and/or other indirect damages.
Party is exempt from performing its contractual obligations to the Supplier
An exempting circumstance shall be considered, for example, but not exclusively: epidemic, pandemic, government decision, government action or omission, labour dispute, lightning strike, fire, war, terrorism, interruption in power supply, mobilisation, new or changed legislation and other similar circumstances.
If the User has not been able to carry out a scheduled video meeting on the booked date and time for the Advisory Service due to an exempting circumstance affecting the Supplier or the Supplier's subcontractor, the User is entitled to rescheduling or refund of the amount paid for such booked but not completed video meeting. The User is not entitled to any additional compensation or other compensation from the Supplier.
Application: The Supplier has the right to freely change the interaction design, layout, content, features and similar of the Application at any time, without prior notice. This also applies if such changes involve changes to the user experience.
The Supplier's liability is in all circumstances limited to liability for direct and proven damage and to a maximum amount corresponding to the fees for the Service paid by the User to the Supplier during the last calendar year, provided that otherwise is not stipulated by mandatory law or if the Supplier has acted with gross negligence or intent.
Services: The Supplier has the right to offer additional services, new services, change the range of its services and the right to discontinue the provision of services and/or the Application, without prior notice to the User. In such cases, the User is not entitled to compensation or other compensation from the Supplier. If the User has not been able to carry out a scheduled video meeting on the booked date and time for the Advisory Service because the Supplier has discontinued the provision of the booked Advisory Service in question (and/or booked Interpreting Service), the User is entitled to a refund of any amount paid for such booked but not completed video meeting. The User is not entitled to any additional compensation or other compensation from the Supplier.
Amendments to the Terms: The Supplier reserves the right to freely change the User Terms from time to time and the User is responsible for keeping up to date with the applicable User Terms. Notices of such changes can be communicated via the Application and/or email. The currently applicable User Terms are published in the Application. The User has the right to terminate the agreements entered into with the Supplier with immediate effect if the Supplier's changes to the terms of the agreement are to the substantial disadvantage of the User. In such cases, the User is entitled to a refund of any pre-paid amount for the booked but not completed video meeting. The User is not entitled to any additional compensation or other compensation from the Supplier.
The Supplier has the right to, wholly or partially, transfer and/or assign agreements entered into between the Supplier and the User, its rights and/or obligations under agreements entered into between the Supplier and the User, to any other natural or legal person without the consent of the User.
The User does not have the right to, wholly or partially, transfer and/or assign agreements entered into between the Supplier and the User, its rights and/or obligations under agreements entered into between the Supplier and the User, to any other natural or legal person without the prior written approval of the Supplier.
If any provision in the Terms of Use or other contractual terms in agreements entered into between the User and the Supplier is found to be wholly or partially unenforceable or invalid by a competent court, arbitrator, or the Swedish Consumer Complaints Board, it shall not render the entire contractual terms invalid. Instead, the affected provision in other parts as well as all other provisions in the agreement shall remain in force, and the Supplier shall make necessary changes to the contractual terms to maintain the purpose, structure, and spirit of the agreement.
Governing law: The Terms of Use shall be interpreted in accordance with Swedish law and regulations.
Alternative dispute resolution method: Disputes arising between a private user and the Supplier shall first attempt to be resolved between the Parties.
The consumer always has the right to turn to the Swedish Consumer Complaints Board (ARN).
Email: www.arn.se
Mailing address: Allmänna Reklamationsnämnden Box 174, 101 23 Stockholm, which offers an alternative dispute resolution for consumer disputes.
In addition, the consumer can submit complaints online through the European Commission's digital platform for mediation in disputes (EU ODR) via the following link: ec.europa.eu/consumers/odr. The consumer also has the right to contact the Swedish Consumer Agency (ko.se).
If the Supplier and the consumer concerned do not reach a resolution of the dispute through any alternative dispute resolution method, the dispute may be tried and finally resolved by a competent court in Sweden, unless otherwise required by mandatory legislation.
Courts: Disputes arising between a Business User and the Supplier shall be finally decided by a competent court in Stockholm, with the district court as the first instance.
If the User has any questions or concerns regarding the content of these Terms of Use or other contractual terms that apply between the User and the Supplier, the User can contact the Supplier using the following contact information:
Company: Alex AB (publ)
Registration number: 559338–7698
Email: kundservice@alexapp.se
Address: Birger Jarlsgatan 36, 114 24 Stockholm
