Terms and Conditions

Last updated: February 24, 2024

About these terms and conditions

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://getsweeply.com website and Sweeply mobile application (the “Service”) operated by Sweeply ehf. (“Sweeply”, “us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our website and Sweeply mobile application (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sweeply cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Sweeply´s customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Sweeply with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Sweeply to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Sweeply will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Licence

Subject to compliance with these Terms and payment of the Subscription, Sweeply grants you a non-exclusive, non-transferable licence (“Licence”), without the right to grant sublicences, to permit authorised users to use the Service during the term of the Subscription solely for your internal business operations. You shall not:

  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service and/or the associated software in any form or media or by any means;

  2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service or associated software;

  3. access all or any part of the Service in order to build a product or service which competes with the Service, or use the Service to provide services to third parties; or

  4. attempt to obtain, or assist third parties in obtaining, unauthorised access to the Service.

Free Trial

Sweeply may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Sweeply until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Sweeply reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Sweeply , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Sweeply will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Sweeply on a case-by-case basis and granted in sole discretion of Sweeply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person; and (iii) that you will not store, post, share or distribute any Content that contains malware or viruses, or is of a defamatory, obscene, illegal, harassing or otherwise offensive nature. Breach of any of the above representations will lead to a suspension or termination of the Service.

Provision of the Service

Sweeply will, during the term of the Subscription, provide the Service pursuant to these Terms and will use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for scheduled and/or necessary maintenance.

Whilst every care is taken, Sweeply however does not warrant that the Service will at all times be uninterrupted or error-free, or that the Service will be free from bugs, errors, viruses or vulnerabilities. Sweeply does not accept responsibility for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. The Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Processing of Personal Data

When using the Service, you act as data controller in respect of the data processing occurring in connection with use of the Service, and Sweeply acts as data processor. By using the Service, you represent that (i) you will comply with all of the obligations applicable to data controllers pursuant to applicable data protection legislation, and (ii) the data processing is permitted according to applicable data protection law.

Personal data processed by us on your behalf may include names, phone numbers, email addresses, and titles of your personnel and/or customers. The scope, nature, and duration of the processing depends on the services selected and/or legal requirements and may include data obtained from third parties.

We undertake to process the personal data in accordance with the obligations of data processor set out in applicable data protection laws and only pursuant to your documented instructions, unless otherwise required by law. We will ensure that persons authorised to process the personal data are under obligations of confidentiality and will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks of processing of the personal data.

We will assist you by appropriate technical and organisational measures, insofar as this is possible, to comply with your obligations pursuant to applicable data protection legislation, in particular the fulfilment of your obligation to respond to requests for exercising data subjects´ rights. At your request, we will within a reasonable timescale make available to you all information necessary to demonstrate compliance with the applicable obligations.

We will notify you without undue delay after becoming aware of a personal data breach relating to personal data processed as part of the Service.

Upon termination of the Service, we will upon your request and at your choice, delete or return to you all personal data processed in conjunction with provision of the Service. Furthermore, we will delete existing copies of data unless continued storage is required by applicable law.

By using the Service, you permit the sub-processing of personal data by us provided that such sub-processor is subject to contractual terms substantially comparable to those set out in these Terms and Conditions and otherwise in compliance with applicable data protection legislation.

Before intended changes come into force, both when a sub-processor is added and when changes are made to existing sub-processors, we will notify you of the changes.

We will not transfer any personal data to any country outside the European Economic Area unless the transfer is permissible pursuant to applicable data protection legislation.

For further information about our processing of personal information, see our privacy policy.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, illegal or obscene.

Limitation of Liability

To the extent permitted by law, Sweeply´s maximum liability to you for any direct loss or damage which arises out of or in connection with the Service is limited to an amount equal to the annual Subscription fee paid by you in the 12 months preceding the event giving rise to the claim. Sweeply´s total aggregate liability includes liability in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Service.

Sweeply assumes no liability for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of revenues, or for any indirect, special, punitive or consequential loss or damage.

Termination

Without affecting any other right or remedy available to it, Sweeply may terminate the Service with immediate effect if:

  1. you fail to pay any amount due under these Terms or any other agreement with Sweeply on the due date for payment and the amount remains in default not less than 14 days after the due date;

  2. you breach the term of the Licence;

  3. you post Content in violation of the provisions of these Terms concerning permitted Content; or

  4. you commit other material breaches of these Terms.

If the Service is terminated, all licences granted under these Terms shall immediately terminate and your access to the Service will be revoked.

Contact Us

hello@getsweeply.com

Borgartun 27, 105 Reykjavik, Iceland

Sweeply ehf.

Company registration number: 650615-0260