Terms & Conditions

General conditions Filterly

Updated 2023-09-06

  1. Generally

1.1 Filterly AB (”Filterly“), with org. no. 559430–2449, provides a so-called proxy solution that acts as an intermediary between a visitor of a website and a third-party tool, e.g. Google Analytics. Filterly’s proxy solution is managed via Filterly’s own servers and is provided to the Customer (as defined below) as Software as a Service (“SaaS”), hereinafter referred to as the Service. These general terms and conditions (“The conditions”) regulate the Customer’s use of the agreed Service provided by Filterly. These terms and conditions apply between the customer and Filterly when he registers for the Service and govern Filterly’s obligations towards you as a Customer as well as your obligations as a Customer and user of the Service.

1.2 The terms and conditions are an integral part of the other terms and conditions that Filterly provides at any time to the Customer (hereinafter collectively “The agreement“) and which the Customer accepts in connection with the Customer registering for the Service.

  1. Definitions

In these Terms, the terms specified below shall have the following meanings.

”Customer” – The legal or natural person who entered into an agreement to purchase Filterly’s Service, or acts on behalf of the person who entered into the Agreement.

”Personal data” – means any information relating to an identified or identifiable natural person where an identifiable natural person is a person who can be directly or indirectly identified in particular by reference to an identifier such as a name, an identification number, a location data or online identifiers or one or more factors which are specific to the natural person’s physical, physiological, genetic, psychological, economic, cultural or social identity.

”Customer’s Data” – refers to all data, including Personal Data, that is transferred by the Customer to or from the Service in order for Filterly to be able to deliver the Service to the Customer.

”Contract period” – Unless otherwise agreed in writing between the parties, the Agreement enters into force when the Customer registers for the Service and is valid until terminated in accordance with these Terms.

  1. Applicability and Modification of Terms

3.1 These Terms shall apply to the extent that they are not changed by written agreement between the parties. These Terms apply from the time the Customer enters into the Agreement.

3.2 Filterly reserves the right to unilaterally adjust and update the Terms. Current conditions are published on Filterly’s website and notified to the Customer with 60 days’ notice by e-mail. If the Customer does not accept such a change, the subscription to the Service can be terminated with immediate effect.

  1. Replacement

The customer pays a monthly license fee for the Service, unless the parties have agreed on another payment arrangement for the Service, according to Filterly’s price list in force at any time. The fees are exclusive of VAT. Payment must be made no later than 30 days after the date of issue of the invoice.

  1. Use of the Service

5.1 The service is provided as is. Filterly works continuously to develop the Service with the aim of improving the functionality for the Customer. Filterly may add, remove or change features in the Service at any time.

5.2 The customer must not abuse the Service, by interfering with the Service or attempting to access it by any method other than the interface and instructions Filterly provides from time to time.

5.3 The Customer shall not transmit viruses, worms or malicious code of any kind to the Service or by using the Services. The Services may not be used for any illegal or unauthorized purpose. Users shall not infringe any law in the relevant jurisdiction(s), including but not limited to copyright law.

5.4 The customer is aware that using the Service requires access to the software, equipment and communication service required to use the Service. These conditions are communicated by Filterly upon request.

  1. The customer’s right of use and intellectual property rights

6.1 The customer is granted during the Agreement period, a limited, non-exclusive and non-transferable right to use the Service according to the restrictions that follow from these Terms, provided that full compensation for the Service is paid within the agreed time.

6.2 Filterly owns all intellectual property rights, such as copyright, trademark and other rights to the Service, including the underlying program code.

6.3 The Customer does not have the right to modify, change or through so-called “reverse engineering” decompile, examine or analyze the Service’s program code more than to make the Service work with other software the Customer uses. The customer may also not transfer Filterly’s intellectual property rights to third parties. 

  1. Warranty and Warranty Limitations

7.1 Filterly is in no case responsible for the content of or ownership of the Customer’s Data.

7.2 The customer’s use of the Service is entirely at their own risk. Filterly cannot be held responsible for the content, for example correctness, legality, completeness etc. of the information that the Customer receives or sends via the internet.

7.3 Filterly works actively to ensure that the Service is provided continuously and without interruption. However, Filterly cannot guarantee the availability of the Service at all times and therefore reserves the right to partially or fully pause or interrupt the provision of the Service indefinitely. Furthermore, Filterly reserves the right to modify, adapt or otherwise adjust the Service based on technical requirements, to ensure regulatory compliance or otherwise when Filterly deems this necessary.

  1. Limitation of liability

8.1 In no event shall Filterly be liable for indirect or consequential loss, or damages of any kind arising out of, or resulting from (i) breach of these Terms, including but not limited to, loss of Customer Data, loss of revenue or profit , (ii) third party requirements or (iii) government decisions.

8.2 Filterly is only liable for damages for direct loss caused by violations of these Terms through gross negligence or intent.

8.3 Filterly’s total liability according to this point shall, unless liability is attributable to intent or gross negligence, be limited to a maximum amount that amounts to what the Customer paid Filterly in compensation for the Service during a period of twelve (12) months.

8.4 In the event that legislation, regulations or regulations relating to the Service or access to it are changed, or new legislation, regulations or regulations become effective after the Service has been made available on the market, which prevents Filterly from fulfilling instructions from the Customer or Filterly’s obligations under the Terms, and /or which requires the Service to be shut down, in whole or in part, for a certain time or for an indefinite period, it shall be considered to constitute a force majeure event. Filterly is not responsible in any case for such force majeure event. In such cases, the customer will be reimbursed for prepaid compensation for the Service that is affected from the month following the suspension of the Service due to the force majeure event. In addition to this, the Customer does not have the right to make further demands on Filterly.

8.5 Neither party shall be liable for any damages resulting from any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including labor disputes, strikes, industrial action, internet or telecommunications failure, war, terrorism, riot , pandemics or government decisions.

  1. Confidentiality and Know-how

9.1 The parties undertake not to disclose confidential information received from the other party to third parties either during the validity period of the Agreement or thereafter. In this provision, confidential information is understood as any information – technical, commercial or of another kind – regardless of whether the information is documented or not, which the party wishes to keep secret, with the exception of information that is or becomes generally known or that has become or will become public knowledge on otherwise than by breach of this provision.

9.2 The customer undertakes not to disseminate sensitive information about the Service without authorization (“Know-how”) such as information about computer programs or business conditions that have come to his attention in accordance with the Act (2018:558) on business secrets. If the Customer is unsure of what is meant by Know-how according to these Terms and Conditions, he must check with Filterly before information is released to third parties. In the event that the Customer misuses Filterly’s Know-how, Filterly has the right to direct claims for damages against the Customer.

  1. Personal data processing

10.1 The Customer’s use of the Service may mean that Personal Data is transferred from the Customer to Filterly. This means that the Customer, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free flow of such data (“GDPR”), is responsible for the personal data as a data controller and that Filterly processes the personal data as a personal data processor. Processing of personal data is governed by the Personal Data Processor Agreement entered into between Filterly and the Customer, attached as an appendix to these Terms.

10.2 The customer undertakes, as data controller, to inform its website visitors that their data may be stored by Filterly.

10.3 The personal data processor agreement forms an integral part of the Agreement.

10.4 Filterly’s privacy policy can be found on Filterly’s website here.

  1. Termination of agreement

11.1 The agreement can be terminated by either party with one (1) month’s written notice to the other party.

11.2 Filterly can terminate the Agreement with the Customer with immediate effect if the Customer is behind with payment for the Service, is insolvent, is declared bankrupt or for other reasons cannot fulfill its payment obligations or if the Customer violates these Terms. Filterly then has the right to shut down the Service with immediate effect. The customer is not entitled to make any claims for damages against Filterly due to the suspension.

  1. Applicable law and dispute resolution

12.1 Disputes arising out of the Agreement shall be finally settled by arbitration according to the Rules for “Förenklat skiljeförfarande för SCC Skiljedomsinstitut”. The seat of the arbitration shall be Stockholm. The language of the proceedings shall be Swedish. Swedish law shall be applied to the dispute.

12.2 Arbitration proceedings invoked pursuant to this arbitration clause are subject to confidentiality. Confidentiality includes all information that emerges during the procedure as well as decisions and arbitrations that are announced in connection with the procedure. However, a party shall not be too hindered from passing on such information in order to best protect its rights against the other party due to the dispute or if the party is obliged to provide such information according to the constitution, regulation, authority decision or similar.