Terms of use for Sensorem's services for businesses

(*Translation from original Swedish version. In case of inconsistencies between the English text version of this agreement and any translation, the Swedish version shall prevail)

(Last updated 2023-03-10)

1. General

These general terms of use ("Terms"), apply to Sensorem AB's, org. no. 559194-2189 (“Sensorem”, “we” or “us”), providing the Solution (as defined below) to the company with which the Agreement (as defined below) has been concluded (“Customer”).

Sensorem and the Customer are referred to below separately as "Party" and collectively as "Parties".

The purpose of the Terms and Conditions is to clarify the conditions under which the Customer can use the Solution and to clarify the responsibility and other conditions for using the Solution. By using the Solution (or part thereof), the Customer accepts the Terms including the Agreement (as defined below).

We reserve the right to change the Terms by publishing Changes on our website or by otherwise notifying the Customer in writing of changes to the Terms ("Changes"). In the event that the Customer continues to use the Solution after publication or notification of Changes, this means that the Customer has accepted the Changes.

2. The Agreement

In order to complete a purchase via Sensorem's website, the Customer must accept the Terms and Conditions. By accepting the Terms and Conditions, the Customer undertakes to comply with them in their entirety.

The terms apply in addition to what has been agreed between the Parties in an agreement that specifies the Services and Equipment included in the Solution (as defined below) (the "Agreement"). In the event of any discrepancy between the Agreement and these Terms, the Agreement has priority.

The agreement is considered entered into when Sensorem has submitted the Order Confirmation (as defined below) to the Customer after the Order (as defined below). In the event of any discrepancy between the Order and the Order Confirmation, the Order Confirmation has priority, provided that the Customer has accepted the Order Confirmation either in writing, by using the Solution (or part thereof), receiving Equipment or by paying the first invoice regarding the Subscription Fee.

Upon acceptance of these Terms and Conditions, the Customer confirms that he has the right to complete the purchase for the Customer and thereby legally bind the customer company that the Customer represents in the Agreement. In order to avoid misunderstandings, the person placing the Order must be authorized to represent the Customer either by being an authorized signatory or have the right to enter into the Agreement through a power of attorney and be at least 18 years old.

Sensorem reserves the right to obtain credit information if necessary.

3. Customer data

At the time of ordering via Sensorem's website, the Customer will be asked to enter certain information about the Customer and alarm receiver in order for the order to go through. The customer is responsible for ensuring that the information (address, telephone, email etc.) is correct and complete and is responsible for incorrectly filled in information.

The Customer can choose to enter information about the Customer and alarm recipient (address, telephone, email, etc.) in the Solution. The customer is responsible for the correct and complete information and is responsible for incorrectly filled in information.

4. The solution

The Solution includes the provision of the Services and Equipment, which are supported by the Applications needed for the provision of the Solution ("the Solution").

The solution thus consists of

a) Sensorem's Services (as defined below),

b) Provided Services (as defined below), as well as

c) Equipment.

Sensorem's Applications and Provided Applications enable the provision of the Solution and shall be considered part thereof.

Of the Solution, Sensorem provides only Sensorem Applications and Sensorem Services. Sensorem is only responsible for the Solution (or part thereof) in accordance with point 12.1 below. Otherwise, Sensorem has no responsibility regarding the Solution or parts thereof.

Other parts of the Solution ie. Provided Applications, Provided Services and Equipment are provided by other suppliers as specified in the Agreement ("Providers"). The Provider is responsible for these parts of the Solution in accordance with the Provider's own terms and conditions.

With regard to Equipment, Sensorem also has a certain responsibility in accordance with point 12.1 below, however, this responsibility is limited in accordance with the aforementioned point and the responsibility in general regarding Equipment, e.g. product responsibility or functionality responsibility, etc. rests with the relevant Provider.

Claims etc. cannot therefore be directed against Sensorem regarding Provided Applications, Provided Services and Equipment.

The Agreement contains links to available general terms and conditions regarding the Services Provided, Applications and Equipment provided ("Terms and Conditions").

Sensorem has the full right to change the Solution at any time, e.g. by implementing new features and removing features. Sensorem must inform the Customer in writing of Changes to the Solution.

5. Definitions

"Applications": All applications, software, software products, etc. which is used in the Solution, i.e. Sensorem's Applications and Provided Applications.

"Subscription": Agreement on use of the Solution.

"Subscription fee": The compensation that the Customer pays to Sensorem for using the Solution.

"Agreement": The content and conditions etc. stated in the Agreement including the Terms and Conditions which are thus part of the Agreement.

"Agreement period": If the Customer has not chosen 12 months advance payment, the Agreement applies from the day Sensorem sent the Order Confirmation until the day the Agreement is terminated and Sensorem has received the Equipment back from the Customer or the Customer has left the Equipment at a location specified by Sensorem. If the Customer has chosen 12 months' advance payment, the Agreement applies from the day Sensorem submitted the Order Confirmation until the day the Agreement is terminated.

"Order": The order for Services and Equipment made via Sensorem's website where the Customer fills in the Order Form to Sensorem.

"Order form": The information the Customer leaves in the checkout on the website in connection with the Customer's Order of Services and Equipment from Sensorem.

"Order Confirmation": The e-mail that the Customer receives after the Order.

"Sensorem Services": The services included in the Solution performed by Sensorem.

"Sensorem's Applications": The applications, software, software products, etc. included in the Solution owned by Sensorem.

"Provided Services": The services included in the Solution performed by the Provider.

“Provided Applications”: The applications, software, software products, etc. (including internet and mobile connections) etc. included in the Solution delivered by the Provider.

"Services": All services included in the Solution, i.e. Sensorem's Services and Services Provided.

"Provider": The suppliers of Provided Services, Provided Applications and Equipment.

"Equipment": The equipment included in the Solution, which is delivered after the Order and which is specified in the Order Confirmation.

6. Subscription

6.1. Extent

Through the Agreement, the Customer has the right to use the Solution against payment of the Subscription Fee in accordance with the Agreement.

The subscription does not include shipping costs, internet or telephone costs to a greater extent than what appears in the Agreement. Also not covered, unless agreed in writing, are repairs of faults on Equipment caused by incorrect use, damage or carelessness. Shipping costs in connection with returning or exchanging Equipment are paid by the Customer.

Mobile calls and data are included throughout the EU (including the UK and Norway) without extra charges. However, the SIM card must not be removed from the Equipment and used in other equipment, for example in a mobile phone. Other foreign use is not included in the subscription fee.

6.2. Registration of Equipment

Upon delivery of the Equipment, Sensorem makes basic settings of the Solution with associated telephone subscription and web portal. Customer-specific settings are made by the Customer.

6.3. Customer care and responsibility for Equipment

The customer must take good care of the Equipment and protect the Equipment against damage and abuse. The customer is obliged to carefully read and follow the instructions in the user manual provided with the Equipment. The customer may not under any circumstances open or disassemble the Equipment. If Equipment is opened or damaged due to abuse, misuse, damage or other carelessness, the Customer will be charged for repair or replacement.

The Customer is responsible for the Equipment's battery being charged and in working order and for reporting any deviations, damages or errors in the Solution to Sensorem within a reasonable time.

The customer is responsible for the user of the Solution agreeing to GPS location, which is necessary for the purpose and purposes of the Solution.

Other than the Customer may not use the Solution, and if this happens, the Customer is strictly responsible for such use of the Solution as for its own account.

The customer is also responsible for ensuring that the information about the customer and alarm receiver that the customer provides is correct and complete. The customer is responsible for incorrectly provided information.

7. Handling of personal data in accordance with GDPR

We have the right to process personal data provided by the Customer and have the right to transfer such personal data to contractual parties to Us, including to contractual parties to Us in other countries, and have the right to process such personal data where and to such an extent that the processing/transfer is necessary for the implementation of the agreed Solution.

Sensorem is the personal data controller for the processing of the Customer's personal data and is thus responsible for ensuring that the processing takes place in accordance with the applicable law.

More information about how We handle personal data, the purposes of the processing and which rights are actualized according to current personal data legislation, can be found in Our Privacy Policy available on our website.

8. Delivery and transport

If the Solution is in stock, it is usually delivered within three business days. Sensorem is responsible for shipping to the Customer.

Sensorem sends its deliveries as consignment notes via PostNord.

The same delivery terms apply to overseas orders, with the exception that it may take longer than three working days to deliver the Solution.

9. Prices and payment terms

9.1. Subscription fee

The solution, or the Services and/or the Equipment, are priced according to the price list valid at the time of Order. The monthly subscription fee is regulated annually according to Statistics Norway's consumer price index with May as the base month. When exchanging Equipment or upgrading the Solution, the Subscription Fee is adjusted to the fee that Sensorem applies at the time of exchange according to the current price list.

We reserve the right to change the Subscription Fee by publishing Changes on our website or by otherwise notifying the Customer in writing of Changes in the Subscription Fee. If the Customer is not willing to pay an increased Subscription fee, the Customer can always terminate the Agreement in accordance with point 13 below.

9.2. Payment and late payment interest

The subscription fee for the Solution is paid in advance in accordance with what is stated in the Agreement. Payment of the Subscription Fee must be available to Sensorem within the number of days specified in the invoice if the Customer has chosen payment via invoice. For payment via direct debit or card, the payment is deducted monthly in advance in accordance with the Agreement. The customer must ensure that there are sufficient funds in the account from which the draw is to be made on the day of the draw.

Services or costs for Applications such as mobile and Internet connections that are not included in the Subscription fee are invoiced in arrears with the same payment period.

In the event of late payment, late payment interest is charged at 8% in addition to the applicable reference interest rate according to the Interest Act, as well as a fee according to the Act (1981:739) on compensation for collection costs for any payment reminders.

In the event of non-payment, Sensorem has the right to temporarily close the Solution until full payment has been made. This shutdown does not mean that the Subscription has been terminated. Payment of the Subscription fee must also take place during the period of such shutdown.

All amounts referred to in the Agreement are inclusive of value added tax. Note that extra customs fees/taxes may be added for orders to countries outside the EU. The customer is responsible for the additional costs that may be incurred.

9.3. Complaint

In the event that there is an original error, the Customer must immediately contact Sensorem and if, after troubleshooting, Sensorem has not succeeded in correcting the error, the Customer can apply for a complaint. Complaints, however, only refer to manufacturing defects and must be made immediately when defects are discovered after contact has been made with Sensorem and always within a reasonable time. Complaints that take place after 10 days from when the fault was discovered cannot be considered to have been made within a reasonable time.

Contact Sensorem by email at support@sensorem.se, by phone at +46 8 46 00 77 00 or at the address Engelbrektsgatan 9-11, 114 32 Stockholm. The customer must obtain Sensorem's instructions for returning faulty Equipment, which, however, does not mean that the complaint is approved, but only that Sensorem undertakes to investigate the fault. If the complaint is approved and the Customer has followed Sensorem's instructions, Sensorem pays the return shipping and returns a faultless product to the Customer.

If errors relate to Provided Services, Provided Applications or Equipment, Sensorem forwards such error notification to the relevant Provider. Sensorem is not responsible for such errors beyond what is stated in clause 12.1 below.

9.4. Special fee in case of incorrect complaint

If Equipment is sent to Sensorem for repair but upon testing proves to be faultless, Sensorem has the right to charge the Customer SEK 500 for shipping and functional testing.

10. Intellectual Property Rights, License

Through the Agreement, Sensorem receives the ownership right and the exclusive right of disposal to all material and all results, as well as all related intellectual property rights, related to the Solution arising under the Agreement or related to the Agreement, without obligation for Sensorem to compensate any person for this. Sensorem has the right to freely develop and process as well as to assign and transfer to others such materials, results and intellectual property rights or parts thereof.

The Customer receives a non-exclusive, non-transferable, non-assignable right to use the Applications to use the Services and Equipment in accordance with the Agreement for the duration of the Subscription ("License").

Nothing in the Agreement entails any transfer of or right for the Customer to use Sensorem's or others' intellectual property rights (patents, copyrights, trademarks, etc.) related to the Solution in any other way than according to the License.

The customer does not have the right to copy, change or decompile the Applications or other content included in the Equipment or Services.

11. Reservation of ownership/obligation to return Equipment

The equipment is Sensorem's property during the entire Agreement period and may not be transferred, leased, pledged or otherwise left in the Customer's possession beyond what is stated in the Terms and Conditions. After the Agreement has been terminated in accordance with point 13.1 below, the Equipment, if the Customer has not chosen 12 months' advance payment, must be immediately returned to Sensorem or left at a location specified by Sensorem. Sensorem has the right to charge a fee of SEK 2,000 if the Customer does not return the Equipment to Sensorem.

12. Liability

12.1. Liability and limitation of liability

The solution is not classified as a medical device.

In the event of a fault with the Equipment during the Contract Period, Sensorem's responsibility is limited to remedying the fault by either repairing the Equipment or providing the Customer with replacement equipment free of charge (Sensorem has the right to choose a remedy), except when the fault is caused by disregarding the responsibility assigned to the Customer according to point 6.3 above or otherwise according to the Agreement. To the extent that Sensorem cannot make functioning Equipment available to the Customer within 7 working days, the Customer is entitled to a full reduction of the Subscription Fee for the time when the Equipment is missing.

In the event of a fault in the Solution in such a way that the Solution and/or Service/Equipment cannot be used, Sensorem's responsibility is limited to the Customer having the right to a full reduction of the Subscription Fee for the time when the Solution and/or Service/Equipment cannot be used.

The total liability that can be asserted in relation to Sensorem under the Agreement is (including liability for acts or omissions of Sensorem's employees, representatives or subcontractors as well as liability related to price reduction, redelivery, warranty or the like) in all circumstances limited to the total price paid by the Customer for the Solution during the last twelve (12) month period.

In addition to what is stated above in this point 12.1, Sensorem is not responsible for the Solution (including for Services, Applications and/or Equipment) or for anything else according to the Agreement, unless it follows from applicable mandatory legislation. Sensorem is never responsible for personal injury, property damage, pure property damage, indirect damage or indirect costs and the like related to the Solution or otherwise related to the Agreement, unless it follows from applicable mandatory legislation.

The customer must direct all other requirements regarding the Equipment, Provided Services and Provided Applications to the relevant Provider. Thus, Sensorem is never responsible for e.g. the following (unless it follows from applicable mandatory legislation):

• any disruptions in the availability of Applications and/or the Service that may occur due to disruptions in internet connection, disruptions in mobile coverage, disruptions at the web host or during maintenance/upgrading of the app, hacking or other technical reasons of whatever kind;
• damage to person or property that may occur due to malfunction;
• actions prompted by relayed alarm or telephone call; or
• access, reliability or quality of telephone connections or satellite positioning via GPS.

Sensorem is also not responsible for any errors made by SOS Alarm or the external alarm center that Sensorem has a contract with. Claims due to such errors must be addressed by the Customer to SOS Alarm or the external alarm center.

The Customer shall indemnify Sensorem for claims that may be made by the Supplier or other legal or natural persons as a result of the Customer's careless use of the Solution (including Services, Applications and/or Equipment) or as a result of a breach of the Agreement.

12.2. Force Majeure m.m.

A party is exempt from penalty for failure to fulfill a certain obligation under this Agreement if the failure is based on circumstances beyond the party's control and which prevent or seriously complicate the fulfillment of the contractual obligation ("Exempting Circumstance"). As soon as the obstacle is removed, however, the obligation must be fulfilled again in the agreed manner. Exempting Circumstances include, but are not limited to, blockade, riot, war, fire, epidemic, pandemic (and direct or indirect effects resulting from epidemic or pandemic) or natural disaster.

13. Validity of the agreement and subscription period

13.1. Validity period and Subscription period and more

If the Customer has not chosen 12 months' advance payment, the Agreement applies from the day Sensorem provided the Order Confirmation until the day the Agreement is terminated and Sensorem has received the Equipment back from the Customer or the Customer has left the Equipment at a location specified by Sensorem. If the Customer has chosen 12 months' advance payment, the Agreement applies from the day Sensorem submitted the Order Confirmation until the day the Agreement is terminated.

Termination of the Agreement can be done in writing by e-mail to support@sensorem.se or regular mail to Sensorem AB, Engelbrektsgtan 9-11, 114 32 Stockholm. It is also possible to terminate the Agreement verbally by calling +46 8 46 00 77 00.

13.2. Termination of the Agreement and Subscription

After the Agreement has been terminated in accordance with point 13.1 above, the Subscription and thus the Agreement ceases from the day the Agreement is terminated (if the Customer has chosen 12 months advance payment) alternatively the day the Agreement is terminated and Sensorem has received the Equipment back from the Customer or The Customer has left the Equipment at the location specified by Sensorem (if the Customer has not chosen 12 months' advance payment). If the Customer has not chosen 12 months' advance payment, the Subscription Fee will therefore continue to be deducted until Sensorem has received the Equipment again or the Customer has left the Equipment at a location specified by Sensorem.

14. Applicable Law and Disputes

Swedish law shall apply to the Agreement.

In the event of disagreement about the Agreement, complaints are submitted to Sensorem.

Disputes arising from the Agreement shall be finally settled in a Swedish court with the Stockholm District Court as the first instance.

If the Customer has questions regarding the above Terms or the use of the Customer's personal data, the Customer is welcome to contact Sensorem.

15. Miscellaneous

15.1. Complete Agreement and amendments

The agreement contains all terms agreed between the Parties regarding the Subscription of the Equipment and replaces any previous agreements in this regard. Changes and additions to these documents must be in writing and signed by both Parties to be valid.

Amendments to and additions to the Agreement are binding on Us only if they are approved in writing by authorized signatories.

Should any provision in the Agreement be invalid, this shall not mean that the Agreement or the provision in its entirety is invalid. Instead, the Agreement or provision shall be adjusted, as far as possible, to give effect to the spirit of the Agreement.

15.2. Transfer

The customer may not assign his rights and obligations under the Agreement to a third party without Sensorem's consent.

Sensorem has the right to, in whole or in part, transfer rights and obligations attributable to the Agreement.

15.3. Codes of conduct

Sensorem has developed its own quality policy (https://www.sensorem.com/en/quality-policy/) and an environmental policy (https://www.sensorem.com/en/environmental-policy/).

16. Contact details

Sensorem AB, org. no. 559194-2189, Engelbrektsgatan 9-11, 114 32 Stockholm.

You can always call us on +46 8 46 00 77 00 or reach us by email at support@sensorem.se.