Supercrowd Terms of Service

Last update: September 10, 2018

Thanks for using Supercrowd! These terms of service ("Terms") cover your ("Customer") use and access to our services and website ("Services"). Our Privacy Policy explains how we collect and use your information and our Data Protection Addendum explains how we process data about your customers. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and our Data Protection Addendum. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Your account information and customer data

When you use our Services, you provide us with authentication information ("Your account information") to external services so that we can retrieve data about your customers and/or create audiences based on that data within the external service ("Your customer data"). When you provide us with Your account information, you also give us permission to access these services to perform those tasks. This permission also extends to our affiliates and any trusted third parties we work with.

These terms don’t give us any rights to Your customer data, apart from the limited rights that enable us to provide you with the Services. We neither will nor are allowed to disclose or sell Your customer data to advertisers or other third parties.

Data processing

It is your obligation to observe and comply with any and all privacy and data protection laws and regulations applicable to your services. Information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context contained in Your customer data is impacted regardless of the country/state in which the Customer is based. This includes, but is not limited to, complying with terms and restrictions related to your use of customer databases and complying with any applicable privacy policies and cookie opt- in policies.

Supercrowd processes Your customer data, which means that we’re required by European law to enter a Data Processing Agreement ("DPA"). Our Data Protection Addendum is effective as an amendment to these terms throughout the extent of your use of the Services and serves as a DPA.

As with these terms themselves, we periodically update our DPA and the same rights and obligations apply as for modifications to these terms – for instance regarding notice and application.

Your Responsibilities

You’re responsible for your conduct. Your customer data is protected by privacy laws, such as the GDPR, and you are responsible for ensuring that you have legal basis for the purposes of which you use the Services.

These terms demands you not to misuse the Services or help anyone else to do so.

We reserve the right to review your conduct but are not obligated to do so, and we are not responsible for how our users use our Services to handle their customer data.

To be able to offer you our Services reliably and securely, we need you to keep your account credentials to yourself and your account information current so that we can contact you when necessary.

You may use our Services only as permitted by applicable law and you must be at least 18. If you don’t meet these age requirements, you may not use the Services.

Subscriptions

Billing. We’ll automatically bill you from the date you signed up for a subscription plan and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

No Refunds. You may cancel your Supercrowd subscription at any time. Refunds are only issued if the subscription is canceled within 14 days of signing up, upgrading, or renewing.

Downgrades. Your subscription will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your subscription on time, we reserve the right to suspend it or reduce your access to the Services.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the contact information associated with your account.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms, or

(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond Supercrowd’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Limitation of liability

Supercrowd makes commercially reasonable efforts to ensure that the Service will be available for use at all times basis – excluding temporary maintenance, updating or repair breaks. Supercrowd does not assume any liability for usage interruptions or breaks, but it shall provide inform of the interruptions whenever reasonably possible. Supercrowd provides the Services as is, and does not warrant that the Services will be uninterrupted or error-free.

The warranty does not cover errors or deficiencies attributable to

  • use contrary to these Terms, or the written instructions given by Supercrowd,
  • disturbances or interruptions in connected services or the underlying data network,
  • third party services or products not supplied by Supercrowd or other similar reason outside of the Services, or
  • Force Majeure.

To the extent allowed by mandatory law, Supercrowd does not have any other responsibility or liability for the Service. In all cases neither party shall be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including attorney’s fees) in any way arising in connection with the Service or these Terms.

Supercrowd’s total aggregate liability under this agreement may not in any subscription term exceed an amount equal to the aggregate subscription fee for the full term.

Applicable law

These Terms will be governed by the laws of Sweden excluding its provisions relating to choice of law.

Dispute resolution

We want to have a chance to address your concerns without a formal legal case. Before filing a claim against Supercrowd, you agree to try to resolve the dispute by contacting us via email. If we’re unable to reach an agreement within 15 days of submission, either party may bring a formal proceeding.

Should it come to a formal proceeding, any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Swedish Chamber of Commerce. The proceedings shall take place in the English language in Gothenburg, Sweden.

Entire Agreement

These Terms constitute the entire agreement between you and Supercrowd with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.