1.1 These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your (“The Customer“) relationship with the Bookboost app (“The Service“), operated by Bookboost AB (“us“, “we“, or “our“, “The Company“), a company limited by shares incorporated in Sweden under company registration number 559091-8974. The Customer and The Company together are referred to as The Parties, and separately Party.
1.2 The Service contains a Guest Journey Platform that facilitates communication between your organisation and your customers.
1.3 These Terms and Conditions, together with the Data Processing Agreement (“DPA”) and The Customer’s Proposal, constitute the contract between us and The Customer. In regards to terms for personal data processing the DPA, in accordance with its clause 1.4, will prevail and for other terms the Proposal is leading.
1.4 Please read these Terms and Conditions carefully. By using The Service, you automatically accept these Terms. These Terms apply to all visitors, users and others who access or use The Service. If you disagree with any part of the terms, then you may not access The Service.
Subscription 2.1 For The Company to be able to fulﬁll The Service, The Customer is obliged to provide all information needed by The Company. 2.2 Some parts of The Service (“Subscription”) are billed on a subscription basis, in advance on a recurring and periodic basis (“Subscription period“).
2.3 At the end of the Subscription Period, your Subscription will automatically renew under the exact same conditions unless you cancel it at least 30 days prior to the renewal or if Bookboost AB cancels it. You may cancel your Subscription renewal by using the contact form available in The Service.
2.4 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it at least 30 days prior to the renewal or if Bookboost AB cancels it. You may cancel your Subscription renewal by using the contact form available in The Service.
2.5 If you have chosen the payment option by invoice, an additional fee applies. The additional fee is to be found on the invoice. The received invoice is payable within 30 days to the following account:
3.1 Bookboost AB, in its sole discretion and at any time, may modify The Subscription Fees for The Subscription. Any Subscription Fee change will become effective at the end of the then-current Subscription Period.
3.2 Bookboost AB will provide you with a reasonable prior notice of any change in Subscription Fees to give you an opportunity to terminate your Subscription before such change becomes effective. 3.3 Your continued use of The Service after The Subscription Fee change comes into effect constitutes your agreement to pay the modiﬁed Subscription Fee amount.
4.1 If Bookboost has not fulfilled their commitments, The Customer has to notify The Company through the contact form to be found in The Service. The Company has 30 days to solve the issue. If The Company does not solve the issue within 30 days, The Customer is refunded for the remaining period of The Subscription.
5.1 Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content“). You are responsible for the Content that you post to The Service, including its legality, reliability, and appropriateness.
5.2 By posting Content to The Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through The Service. You retain any and all of your rights to any Content you submit, post or display on or through The Service and you are responsible for protecting those rights.
5.3 You represent and warrant that:
1. the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms and;
2. the posting of your Content on or through The Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6.1 When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
6.2 You are responsible for safeguarding the password that you use to access The Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
6.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
6.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Personal Data Processing
8.1 The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bookboost AB and its licensors. The Service is protected by copyright, trademark, and other laws of both Sweden and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bookboost AB.
9.1 Bookboost AB has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Bookboost 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 the use of or reliance on any such content, goods or services that you or other users visit.
10.1 The Parties may not, without the other Party’s prior written consent, disclose to third parties any information (whether oral or written, electronic or other) regarding the other Party which may be considered business or professional secret or use such information for purposes other than fulfillment or the enforcement of the Agreement, and The Parties shall ensure that employees, contractors and others to whom the Party discloses such information also is covered by a equivalent secrecy clause. This confidentiality obligation shall continue to apply for two years after the end of the contract between the Parties.
11.1 We may terminate or suspend your account immediately, without prior notice or liability, when we have a valid cause to do so, including without limitation to Customer’s breach of the Terms. If Bookboost becomes aware of circumstances that could affect the contract and result in termination, we will take reasonable steps to notify the customer in advance, if possible.
11.2 Upon termination, your right to use The Service will immediately cease. If you wish to terminate your account, use the contact form to be found in The Service. Please be aware that you need to cancel the Subscription at least 30 days prior to renewal. Your account will then be disabled no later than by the end of the Subscription Period.
Limitation of Liability
12.1 In no event shall Bookboost AB, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of proﬁts, data, use, goodwill, or other intangible losses, resulting from:
1. your access to or use of or inability to access or use The Service;
2. any conduct or content of any third party on The Service;
3. any content obtained from The Service;
4. and unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.1 Your use of The Service is at your sole risk. The Service is provided on an “AS IS“ and “AS AVAILABLE“ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
13.2 Bookboost AB its subsidiaries, affiliates, and its licensors do not warrant that:
1. The Service will function uninterrupted, secure or available at any particular time or location;
2. any errors or defects will be corrected;
3. The Service is free of viruses or other harmful components; or d) the results of using The Service will meet your requirements.
14.1 Party is not liable for errors in or delay in fulfilling its obligations to the Client to the extent that such error or such delay is due to cause or circumstance that the party has not been able to control (including, but not limited to, interruption or errors in the Internet or network telecommunications, electricity supply or other infrastructure).
15.1 This agreement shall be governed by Swedish law, as applied to Agreements concluded in Sweden between Swedish parties. Disputes in connection with this Agreement shall in the ﬁrst instance be settled through negotiations between the Parties. In case the parties cannot agree without the right, a dispute arising out of this agreement shall be settled at a Swedish court of which the district court in Malmö shall be the first instance.
16.1 We reserve the right to modify or replace these Terms at any time. Changes to the terms shall be notified to The Customer at least 15 days prior to any new terms taking effect.
16.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, The Customer is obliged to inform The Company through the contact form to be found in The Service.
16.3 If the changes of The Terms affect the customer to such an extent that they can no longer use the service for the purpose that was at hand when contract was entered, or the Customer has reasonable cause not to accept the updated Terms, the Customer has the right to terminate their Subscription.
17.1 If any provision of these Terms is inconsistent with, or cannot be enforced under Swedish law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under Swedish law. These Terms are the final, complete and exclusive agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.