Terms of Service
Vincent & Co – Vincentco AB – General terms and conditions
§ 1. General
The following general terms constitute a binding agreement (the "User Agreement") between Vincentco AB, corporate ID no. 559392-8764 ("Vincent & Co") on the one hand, and users and/or purchasers of Vincent & Co's services (the "Customer") on the other. Vincent & Co provides the Customer with various web-based services (the "Service"). The User Agreement is valid only if, where the Customer is a private individual, it has been entered into by a Customer who at the time of the agreement is at least 18 years old, and where the Customer is a legal entity, it has been entered into by an authorised representative of the legal entity.
§ 2. Scope of the Service
The Service consists of the services, systems, information and products developed specifically by agreement between Vincent & Co and the Customer. Vincent & Co reserves the right to at any time modify, add or remove features of the Service and to unilaterally amend, supplement or otherwise adjust the terms of this User Agreement. Vincent & Co shall notify the Customer by email at the email address provided by the Customer of any such changes to the terms of the User Agreement and/or any material changes to the Service. If the Customer does not accept such material change to the Service or to the terms of the User Agreement, the Customer shall be entitled, within thirty (30) days from the date Vincent & Co informed the Customer of the changes, to terminate the User Agreement with immediate effect. A Customer who has not terminated the User Agreement within thirty (30) days after Vincent & Co's notice shall be deemed to have accepted the changes. Support for the Service is provided only to Customers who have entered into an agreement for paid versions of the Service and is not included in free versions. Vincent & Co is, however, free to offer support on a case-by-case basis to Customers using the free version. Outages, disruptions or errors in the Service shall be reported to Vincent & Co during office hours. Vincent & Co will thereafter attempt to remedy the error to the best of its ability during office hours. The Customer is not entitled to any compensation due to outages or errors in the Service. Vincent & Co provides no warranty regarding the availability or error-free operation of the Service.
§ 3. Formation of this User Agreement
This User Agreement is accepted and enters into force when the agreement has been approved by the Customer by telephone (orally) or by email (in writing).
§ 4. Registration and processing of personal data
Vincent & Co collects and processes the Customer's personal data for the purpose of providing and administering the Service and otherwise fulfilling its obligations under the User Agreement. To the extent required for Vincent & Co to provide the Service in accordance with the User Agreement, Vincent & Co may transfer the personal data to service providers and partners. Vincent & Co and/or its partners are entitled to process the personal data for marketing of campaigns, offers and new products or services offered within the scope of the Service by Vincent & Co or its partners. The Customer has the right to access the personal data Vincent & Co has registered about them and may at any time request that Vincent & Co correct or delete inaccurate or incomplete personal data. By accepting this User Agreement, the Customer consents to Vincent & Co processing the personal data as set out in this Section 4.
§ 5. Right of withdrawal
A Customer entering into the User Agreement as a private individual is entitled, in accordance with the Swedish Distance and Off-Premises Contracts Act, to exercise the right of withdrawal and withdraw from the User Agreement if notice is given within 14 days from the date the User Agreement was entered into. If the Customer exercises the right of withdrawal, Vincent & Co will refund any payment made by the Customer within 14 days of the exercise of the right of withdrawal. This does not apply to legal entities unless otherwise agreed.
§ 6. Passwords and login credentials
The Customer is responsible for ensuring that the user identity/identities and password(s) used for the Service are kept secure and inaccessible to third parties. The Customer is responsible for any unauthorised use of the Customer's user identity and password until the Customer has requested, and Vincent & Co has blocked, the relevant user identity's access to the Service. Vincent & Co is entitled, itself or through an external consultant, to verify with the Customer the use of the Service and the Customer's use of user identities and passwords in accordance with this User Agreement.
§ 7. Customer responsibilities
The Customer is solely responsible for and shall bear all costs of having access to the equipment required to access and use the Service to its full capacity, including but not limited to an Internet connection and hardware and software. The Customer is solely and exclusively responsible for all information that the Customer enters, processes or handles using the Service and for all information the Customer stores on Vincent & Co's servers. The Customer undertakes to use the Service only in accordance with the User Agreement and Vincent & Co's instructions in force from time to time. The Customer may not use the Service in any way that could overload, disrupt, damage, disable or impair the Service, or in any way that could result in the transfer, distribution or upload of programs or material containing malicious code, such as viruses, time bombs, cancelbots, worms, trojans, spyware or other potentially harmful programs, material or information. The Customer undertakes not to use the Service to conduct illegal activities or to upload, publish, email or otherwise process or forward information in breach of applicable law (including but not limited to information that may constitute incitement against a population group, child pornography offences, defamation, insult, sedition, unlawful violent dispersal and/or copyright infringement or other intellectual property infringement or breach of data protection law), or that may otherwise be perceived as threatening, offensive, racist, harassing, indecent, vulgar and/or improper, or that constitutes an intrusion into the privacy of others. This means, among other things, that the Customer may not use the Service for prostitution, the publication of any form of pornographic material, so-called "cam shows" or "strip shows", or the sale of weapons, drugs, smoking mixtures or anabolic steroids. The Customer may not use the Service in a way that could harm Vincent & Co's or Vincent & Co's brands' reputation. The Customer undertakes not to use Vincent & Co's trademarks or other identifiers in any way other than as expressly permitted by Vincent & Co. The Customer is not entitled to use information in the Service or space on Vincent & Co's servers for any purpose other than use of the Service in accordance with this User Agreement or by agreement between Vincent & Co and the Customer. The Customer shall not, for commercial purposes, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, the use of the Service, or access to the Service without first having a written agreement with Vincent & Co. The Customer may also not use the Service as part of automated processes for other software applications or in connection with mass distribution of information or as support for any publicly available file-sharing service. The Customer is responsible for ensuring that all processing of personal data through the Service complies with applicable data protection law. Where an e-commerce solution is included in the Service, it is the Customer's responsibility to ensure that all use of the e-commerce solution complies with applicable law, including but not limited to marketing law, distance selling law and electronic commerce law. Where Vincent & Co has reasonable suspicion that the Customer has breached this Section 7, Vincent & Co is entitled to immediately terminate the User Agreement and suspend the Customer from the Service without the Customer being entitled to any form of compensation or refund.
§ 8. Right of use to the Content
Vincent & Co grants the Customer a non-exclusive, non-transferable, worldwide and revocable right to use the Service and its content (including but not limited to all software included therein) (the "Content") in accordance with this User Agreement. Vincent & Co reserves the right during the term to modify and/or replace the Content. All intellectual property rights and other rights to the Content are held by Vincent & Co or its licensors. The Customer obtains no rights of any kind to the Content beyond what is expressly stated in this User Agreement. The Content may only be copied by the Customer to the extent expressly permitted in writing by Vincent & Co. Under no circumstances is the Customer entitled to wholly or partly disassemble, network, process, modify, decompile, copy, add to or create derivative works of the Content beyond what is expressly stated in this User Agreement. The Customer is also not entitled to transfer, rent out, lend, license or otherwise make available all or part of the Content to third parties beyond what is expressly stated in this User Agreement or via specific agreements between Vincent & Co and the Customer. Vincent & Co provides no warranty of any kind that the Content meets the Customer's needs or that the Content can be used without disruption or error. In connection with fault reports or support cases regarding the Service, Vincent & Co may collect information about the Customer's computer, hardware, operating system, software etc. and may obtain such other necessary information as may be required to handle the fault report or support case. The Customer hereby accepts that Vincent & Co may collect such information. Vincent & Co is not entitled to use such collected information about the Customer for any purpose other than handling the fault report or support case, and undertakes to treat such information confidentially.
§ 9. Payment terms
A Customer who has entered into an agreement for a paid version of the Service shall pay Vincent & Co in accordance with Vincent & Co's price for the Service as published on Vincent & Co's website at the time, or as agreed between the Customer and Vincent & Co. Vincent & Co reserves the right to unilaterally change prices for the Service at any time. Such changes apply to all payment periods commencing after Vincent & Co has published a new price list on its website or otherwise informed the Customer of the price changes. When a Customer enters into an agreement for a paid version of the Service, any remaining trial period is not credited. The trial period is solely intended to evaluate the Service prior to entering into a paid agreement. All payments to Vincent & Co shall be made in advance unless otherwise stated. If a Customer has not paid in accordance with an invoice within thirty (10) days from issuance, or there is insufficient cover on the specified credit card, Vincent & Co is entitled to suspend all or part of the Service until full payment is made. If the Customer fails to pay despite a reminder from Vincent & Co, Vincent & Co is entitled to terminate the Customer's User Agreement immediately. In the event of late payment, Vincent & Co is further entitled to compensation for payment reminders, debt collection and recovery costs in accordance with law, and to default interest of 24% plus the applicable reference rate. Payments made are binding and are not refunded upon termination of the User Agreement or downgrade/deactivation, regardless of the reason or timing. This does not apply where the Customer exercises the statutory right of withdrawal under distance selling law.
§ 10. Claims arising from the Customer's use of the Service
If a claim is made against Vincent & Co, or proceedings are brought against Vincent & Co, due to the Customer's use of the Service, the Customer undertakes to indemnify Vincent & Co for all damages suffered by Vincent & Co as a result of such claim (including but not limited to costs from settlement or judgment). This undertaking only applies provided that the Customer is notified in writing by Vincent & Co within a reasonable time of the claim being raised or proceedings being initiated, and that the Customer has had the opportunity to approve any settlement or similar commitment.
§ 11. Limitation of liability
Vincent & Co shall not be held liable for direct, indirect or other consequential damage to persons or property, financial loss or loss of data that may affect the Customer or third parties due to the Service or the Customer's use of the Service. Vincent & Co shall not be held liable for data breaches or lack of data confidentiality in connection with the transmission of information via the Internet when using the Service. Nor can Vincent & Co be held liable for errors or changes in third-party services made available through the Service. Vincent & Co's liability shall be limited as set out above unless gross negligence or intent is present. Vincent & Co's liability under the User Agreement shall in any event always be limited to an amount corresponding to the fee paid by the Customer during the current subscription period for the Service. Claims exceeding this amount cannot be asserted against Vincent & Co. This limitation shall apply even if other warranties or remedies under this User Agreement do not fulfil their essential purpose.
§ 12. Term and termination
This User Agreement enters into force on the date the first invoice for the Service is paid. Unless otherwise agreed between Vincent & Co and the Customer, the Service always has a three (3) month notice period. Vincent & Co reserves the right to immediately terminate the User Agreement and/or suspend all or part of the Service (including immediately clearing the storage area) for a Customer who uses the Service in breach of this User Agreement or Vincent & Co's instructions, uses the Service for storage and/or transfer of unreasonably large data volumes or for unreasonably long data sessions compared with average use of the Service, or for a Customer that Vincent & Co otherwise judges may seriously disrupt the use of Vincent & Co's systems or that obviously abuses the Service. Vincent & Co reserves the right, on termination of the User Agreement due to the Customer's breach, to demand compensation from the Customer for all damages Vincent & Co suffers as a result of the breach. The Customer acknowledges that Vincent & Co may discontinue offering free versions of the Service. Vincent & Co is then entitled to terminate the User Agreement and clear the storage area for Customers of the free version. Where Vincent & Co intends to discontinue free versions, Vincent & Co shall send notice to the Customer's email address. One (1) month thereafter, Vincent & Co is entitled to close the Customer's free version of the Service and clear the storage area. The Customer acknowledges that Vincent & Co is also entitled to terminate the User Agreement and clear the storage area for Customers of the free version who have been inactive for more than one (1) month. Where Vincent & Co intends to terminate the User Agreement due to inactivity, Vincent & Co shall send notice to the Customer's stated email address. The Customer may then activate the Service to retain it on the same terms as before. If the Customer has not activated the Service within one (1) month of receiving such termination notice, Vincent & Co is entitled to close the Customer's account and clear the storage area. Vincent & Co is further entitled to terminate the User Agreement with immediate effect if the Customer enters into bankruptcy, suspends payments, enters into liquidation or is otherwise deemed insolvent.
§ 13. Force Majeure
A party is released from liability for failure to perform any obligation under the User Agreement if the failure is due to a circumstance of the kind set out below ("force majeure event") and the circumstance prevents, or significantly impedes, timely performance and the party could not control the circumstance. Force majeure events include, among others, government action or inaction, new or amended legislation, labour disputes, blockades, lightning strikes, fire, flooding, disruptions in transport, telecommunications or power supply, or errors or delays in the delivery of goods or services by a supplier due to a circumstance referred to above.
§ 14. Notices
Notices under this Agreement are sent by Vincent & Co primarily to the email address provided by the Customer. The Customer is therefore obliged to ensure that the email address and other contact details are always correct and up to date.
§ 15. Changes to the User Agreement
Except as set out in Section 2, paragraph 2, all amendments and additions to this User Agreement must, to be valid, be made in writing and signed by both parties.
§ 16. Governing law and disputes
Swedish law shall apply to this Agreement. Any disputes arising out of this User Agreement or the Service shall be settled in Swedish general court, with the Stockholm District Court as the first instance.