Updated 2023-07-10
Please read these Terms of Service (“Terms”, “Terms of Service” ) carefully before using the digitalattendance.com website or application (referred to as the “Service” ) operated by Seaberry AB, Sweden (“us”, “we” , or “our” ).
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. Unless terminated under the “Termination” clause, these Terms and your right to access and use the Service: Starts on the first use of the service (“Start Date”); and Ends when the service is canceled or discontinued by either party.
If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications and that we may contact you per email as we see necessary.
In addition to the terms and conditions described in this agreement please refer to the provisions stated in the following documents; Data Processing Agreement, List of Processor Subcontractors and Privacy Policy. These documents are available on digitalattendance.com/privacy and are a requirement for using our service, and you are bound by them when using our 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.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party becomes insolvent, liquidated or bankrupt, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason. You may terminate these Terms and your right to access and use the Service by deleting your user profile. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
Acceptable use
You must use the Service in accordance with these Terms solely for: your own internal business purposes; and not resell or make available the Service to any third party, or otherwise commercially exploit the Service. When accessing the Service, you must: not impersonate another person or misrepresent authorisation to act on behalf of others or us; correctly identify the sender of all electronic transmissions; not attempt to undermine the security or integrity of the Underlying Systems; not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service; not attempt to view, access or copy any material or data other than: that which you are authorized to access; and to the extent necessary for you to use the Service in accordance with these Terms; and neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading. A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you. You are responsible for procuring all licenses, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
Service Availability
We use reasonable efforts to provide the Service: exercising reasonable care, skill and diligence; and using suitably skilled, experienced and qualified personnel. The Service is available as best-effort, unless otherwise agreed. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We use reasonable efforts to publish on the Website and /or notify you by email advance details of any unavailability.
Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make that feature available to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation. Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Seaberry AB. Seaberry AB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Seaberry AB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Confidentiality
Each party must, unless it has the prior written consent of the other party: keep confidential at all times the Confidential Information of the other party; effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorized access or use.
Liability
This is currently a free-to-use service – no liability and/or guarantee is provided. Neither party is liable to the other under or in connection with these Terms or the Service for any: loss of profit, revenue, savings, business, use, data (including Data), and /or goodwill; or consequential, indirect, incidental or special damage or loss of any kind.
Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service. Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
No person other than you and us has any right to a benefit under, or to enforce, these Terms. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the Swedish law (Malmö tingsrätt).
Feedback
If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback): all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and we may use or disclose the feedback for any purpose.
Contact Us
If you have any questions about these Terms, please contact us at support@digitalattendance.com.