General terms
These terms and conditions ("Terms") of agreement apply when Fieldly AB ("Fieldly") provides a project management system over the Internet ("Service") to a company ("Customer") on its website and via apps unless there is a separate written agreement.
By registering for a user account and/or by using the Service, the Customer accepts these Terms for the right to use the Service. A user who registers an account declares in the registration that he or she is authorized by the Customer to accept these Terms.
In addition to these Terms, the parties’ contractual relationship is also determined by GENERAL TERMS AND CONDITIONS, Cloud Services, version 2014, Published by IT & Telekomföretagen 2014 (“General terms of IT & Telekomföretagen”).
In the event of any conflicting information in the documents, the Terms takes precedence over the General terms of IT & Telekomföretagen.
User account
When registering for the Service, a personal user account is created with a user ID and a password.
The user will be able to change their password at any time. The user is responsible for keeping the login details in a secure manner so that unauthorized people cannot access them. If the user suspects that an unauthorized person has gained access to the login details or the user account, the user shall immediately change their password.
The Customer is responsible for all use of the Service that occur from the user account(s) that belong to the Customer's users.
Users who register a user account are responsible for having the Customer authorization to enter into contracts and to carry out the actions that the users take.
The service
The service is described on Fieldly’s website. Fieldly reserves the right to further develop the Service's scope, design and functionality.
Fieldly reserves the right to discontinue providing the Service with thirty (30) days’ notice.
The Customer is not entitled to any reimbursement of paid subscription fees.
Price
The price of the service is governed by special agreement, subject to the following conditions.
Fieldly reserves the right to change the price for the service at any time. Price changes will take effect thirty (30) days after Fieldly, announces such a change. The change will take effect at the next payment date for Customers who have a valid subscription.
Payment
Fieldly has the right to charge the Customer either by invoice or by a credit card registered by the Customer.
Fieldly has the right to charge the Customer for the Service in advance.
Usage of the service / Good practice standards
The Service provided must only be used for the purpose and to the extent set forth in these Terms.
Customer and their users may not:
copy or alter the materials pertaining to the Service, nor to transfer or assign the right to the Service or the materials to another party;
post or distribute materials or messages that cause damage or other inconvenience to Fieldly or third parties, violates Fieldly’s or any third party's copyright or other intellectual property rights, is contrary to a law or an agency regulation or decision, or is contrary to moral codes, or against Fieldly’s at the time applicable rules and policies;
pretending to be another person or wrongly pretend to represent a company, or seeking access to another user’s account, or otherwise act fraudulently in relation to Fieldly or a supplier;
remove, circumvent, disable, damage or otherwise tamper with security related features of the Service;
copy or otherwise seek to disclose or recreate the source code to the Service; or
to disturb or damage the Service's functionality or capacity.
Support
The opening hours for the support can be found on Fieldley's website.
Support is received by phone, by chat or by e-mail according to the information stated on the website.
Support questions via chat and e-mail are usually answered no later than the next working day. Support cases received by phone are prioritized by arrival time.
On the day before holiday, Fieldly reserves the right to keep the support closed. If this happens, this will be announced on Fieldly's website.
Client Information
Fieldly may modify the login credentials because of technical, operational or other specific reasons or because of an agency regulation or decision. The Customer shall be given advanced notice of such change.
The Customer shall at Fieldly’s request provide the data that Fieldly needs for the service. The Customer is responsible for such information being correct at the time and that the Customer’s users have been informed that their data are submitted to Fieldly and for what purposes Fieldly processes this information. The Customer represents that it has the right to provide Fieldly with such data.
'Customer Data' means data about the Customer, such as name, address, social security number or registration number, credit card number or other information about the customer or user.
Fieldly processes Customer Data to provide the Service, fulfil its obligations under law or regulations, maintaining the data registry and to promote Fieldly’s goods and services. The Customer is responsible for obtaining the corresponding consent from its users.
When Fieldly during the provision of the Service processes Customer Data for which the customer is responsible under the law on personal data, Fieldly shall be considered as a personal data assistant for such a task.
To the extent it is necessary for providing the Service, Customer Data and information, for which the Customer is responsible for personal information, may be distributed to Fieldly’s partners. Fieldly’s partners in providing the Service may be companies outside the EU. Customer data and information, for which the Customer is responsible for personal information, will therefore be processed in non-EU countries, including the USA.
Fieldly reserves the right to use anonymous data from the Customer to improve, develop and modify their services and to compile statistics and other marketing information.
Fieldly has the right, for marketing purposes, to announce that the parties have reached agreement on the use of the service in social media and similar contexts.
Fieldly commits to keep Customer information in the Service confidential to any third party, unless otherwise mandated by law or government agency or court order. Fieldly will not at any time distribute Customer information to third parties for promotional or other such purposes.
Closing and deregistration of user account
Fieldly reserves the right to immediately and without notice close the Customer's account(s) on suspicion of violation of section 5.
After closing or cancelling the Customer's account(s), the Customer will no longer be able to buy, access, or administer the Service. On Customer request, Fieldly can for a fee extract the data in CSV or Excel format. Such requests must be made before the account is closed.
Fieldly reserves the general right to terminate the Customer's account with three (3) months’ notice.
Contract period and termination
The contract for the provision of services applies for a year with a 60-day notice period. If the agreement is not terminated, the agreement is extended by one year at a time.
Termination from the Customer must be made in writing by e-mail to cancel@fieldly.com.
When increasing the number of users during the term of the agreement, a new agreement period is created for the newly added number of users.
A decrease in the number of users is possible only after the contract period has elapsed. If the Costumer wish to reduce the subscription and cover fewer users, it must be notified in writing no later than 60 days before the next contract period.
Intellectual property
The use of the Service does not imply that any copyright or other intellectual property rights are transferred to the Customer.
Damages
The customer has no right to compensation for indirect damage, such as loss of earnings, irrecoverable costs or other consequential damages. Fieldly’s total responsibility for each full calendar year is limited to an amount equivalent to half of a Swedish base amount (basbelopp).
Notwithstanding the above, Fieldly is not responsible for loss or damage of data or other information during the use of the Service. Fieldly is neither responsible for damage caused by computer viruses or similar, delay, data corruption, loss of data or for the Customer any liability to third parties.
Modification of terms of use
Fieldly has the right at any time to modify these Terms. An amendment becomes effective thirty (30) days after Fieldly, by e-mail, announces such a change.
Complains
The Customer shall, for the complaint to be valid, lodge a complaint within two (2) months after the defect or damage is discovered or should have been discovered. Complaints must be made in writing.
Force majeure
The parties are exempt from liability to pay damages or to perform certain obligations under this agreement, if the damage or failure is due to circumstances beyond the Party's control ('Force Majeure Event') and the circumstance prevents, significantly impedes or delays the performance thereof. The same applies if the damage or failure is due to delayed deliveries from a party’s subcontractor that are caused by a Force Majeure Event. A Force Majeure Event can be, among other things, government action or omission, new or amended legislation, labor conflict, blockade, war, riot, sabotage, extreme weather, lightning, fire, explosion, flood, natural disaster, accident or cable damage caused by third parties.
Governing law and dispute
The parties' rights and obligations in the interpretation and application of this agreement shall be in accordance with Swedish law. Any dispute arising from the agreement shall be finally settled in a Swedish court.
Validity
These conditions are valid from the 24th of May 2018 until further notice.