Terms of Service

Last revised: October 2, 2024

1. Terms

Albacross Nordic AB (hereinafter “Albacross”, “we”, “us”, or “our”), registration no. 556942-7338, having its registered address at Epicenter Malmskillnadsgatan 44a, 111 57 Stockholm, Sweden, business intelligence company that provides services designed to help businesses enhance their marketing and sales activities. These services include identifying potential prospects, tracking buying intent, and analyzing trends across various industries. Our platform also incorporates AI-powered tools that automate engagement and enable more effective audience segmentation. Further details about our services can be found on our website at www.albacross.com (the “Website”). Our services are available via our Website and the app.albacross.com platform (the “Platform”), including sub-domains and related platforms, collectively referred to as the “Services.”
Our headquarters is located in Stockholm, Sweden, and our wholly owned subsidiary “Albacross Poland” is located in Krakow, Poland.
Both “Customer” and “you” means you and the entity you represent, which you guarantee that you have the authority to represent, and for whom you are accepting these terms.
By using the Services, you acknowledge your understanding of, and agreement to, these Terms of Service (the “Terms”). Any use of the Service is subject to these Terms. We may, from time to time, revise these Terms. Your continued use of the Services after the posting of any revisions will constitute your (and for the avoidance of doubt, Customer’s) agreement to be bound by such revisions.
Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.

2. Registration process

To register an account with Albacross, you will be asked to provide your email address and password. Alternatively, you can use certain third-party services, e.g. Microsoft, Google or Linkedin. You will also need to provide your full name or company name (as applicable), and website (domain name). You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy or omission in such information or in the service resulting from any information provided by you.
If you are a physical person, you must be over 18 years of age (or such other legal age as may apply in your territory) in order to register an account for the Services.
Upon completing the registration process, you will receive a confirmation email containing your chosen information to the e-mail address you provided.

3. User Account Security

Each user is personally and solely responsible for all actions and transactions made through his/her/their account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session.
For increased security, we recommend that you activate two factor authentication in your Account Settings.
Albacross’ (or its wholly owned subsidiaries’) support staff may, from time to time, log into the Services under your account in order to maintain or improve service, including for example to provide you with assistance regarding technical or billing issues.
You agree to notify Albacross immediately if you suspect any unauthorized use of your account or access to your password or account.
If you wish to deactivate your account, please contact us by sending an e-mail containing such information to support@albacross.com.

4. Third-party services

The Services are integrated with certain third-party applications, websites and services (“Third-Party Services”) to make available content, products, and/or services to you. These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Albacross does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Services or for any transaction you may enter into with the provider for any such Third-Party Service.

5. Fees and Payment

The Services are provided on either a monthly or on an annual basis (the “Plan”) in accordance with the fees applicable from time to time as set out on the Website and/or the Platform (the “Subscription Fee”).
Automatic renewal periods corresponding to the length of the chosen Plan will commence automatically, unless the Customer cancels their Plan at least 30 days prior to the expiry of the Plan, or as otherwise agreed upon between Albacross and the Customer. It is the Customer’s responsibility to cancel the Plan within this period. Cancellation is completed on the Platform. You may choose to cancel your Plan early at your convenience, but please note that Albacross will not provide any refund of prepaid Subscription Fees or other fees, and that you will pay all unpaid fees due through the end of the Plan.
In addition to the Subscription Fee, the Customer has the option to purchase credits on a one-time basis, which can be used within the Services, as further described on our Webpage and/or Platform.
The Subscription Fee and any other fees related to the Services can be paid by any one of the payment options offered on our Website. If you choose to pay by credit card, you are obliged to submit the necessary credit card information. The credit card will thereafter be charged as per your Plan. If you choose to pay by invoice, payment shall be due 14 days from the date of the invoice, or as otherwise agreed by Albacross and you.
Late payment shall be subject to the addition of interest in accordance with the applicable provisions of the Swedish Interest Act (Sw. Räntelagen).
If means of payment are not provided by you on the day of payment, we reserve the right to freeze your account (meaning that you will not be able to access any of our Services) and invoice the fee in addition to any applicable invoice related costs.
Albacross shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by you. You shall be responsible for the reasonable costs incurred by Albacross when collecting overdue fees.

6. Specific terms for Account Based Marketing service

The “Account Based Marketing” service enables Customers to display advertising in relevant formats on sites from time to time included in Albacross’ network (“Sites”) for exposure to your selected visitors, enabling real time advertising auctions for serving ads to such visitors (a “Campaign”). In order to access the Account Based Marketing service, the Customer must have an account with Albacross. You can learn more about the content of our Account Based Marketing service on our Website.
When using the Account Based Marketing service and a Campaign is created, the Campaign is entered into for a determined period of time (the “Campaign Period”), which is the period of time you have requested an ad to be displayed for. For each Campaign, you have the possibility to select a maximum number of “Impressions” for the Campaign. An Impression is the exposure of an ad to a targeted company-related visitor. There is no guarantee that the maximum number of Impressions will be reached for a Campaign.
In addition what is set out on fees and payment in section 5 above the following will apply in relation to the Account Based Marketing service:
- When ordering a Campaign, you agree on a fixed cost per Impression. The fees you are obligated to pay are limited to the number of Impressions that have been reached and will not exceed the budget for your Campaign (the “Campaign Budget”).
- If the chosen number of Impressions are reached during the Campaign Period, the Campaign will end when it has reached its Campaign Budget. If the chosen number of Impressions has not been reached by the end of the Campaign Period, the Campaign will still end, and the Customer will only pay for the number of Impressions that have been reached during the Campaign Period.
- If you choose to pay by credit card the credit card will be charged as per your Campaign progresses on a weekly basis. If you choose to pay by invoice, payment is due 14 days from the date of the invoice, or as otherwise agreed by Albacross and you. If means of payment are not provided by you on the day of payment, we reserve the right to terminate the Campaign and invoice the fee in addition to any applicable invoice related costs.
For the sake of clarity, Albacross does not guarantee a minimum amount of Impressions. Albacross reserves the right to deny and/or terminate (as applicable) any Campaign which violates applicable law, Albacross’ policies or which is in any way or form inappropriate subject to Albacross’ sole assessment.
Albacross aims to not publish ads in offensive, inappropriate or damaging contexts. However, since we are not in control of the Sites or the material displayed on them, we cannot guarantee that this will not happen. Therefore, we disclaim all liability for any damage incurred due to the context in which your ad is displayed.
We may offer the Account Based Marketing service to other advertisers, and ads from other advertisers may be selected, prioritized or ranked in lieu of or to the detriment of your ads, and your ads may be displayed together with ads from other advertisers.
If you wish to terminate a Campaign in advance, you may send your termination to campaign@albacross.com. If we wish to terminate a Campaign, we will inform you by email. Following our reception of your termination, a term of notice of five (5) days will commence. You are obligated to pay any fees which arise during this term of notice. Following our sending of a termination notice via email, the termination of the Campaign will be effected immediately.

7. Trademarks and intellectual property rights

Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in us, or our licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from us to you. You are solely entitled to the limited license to the Services specifically granted under these Terms.
Specifically, the “Albacross” trademark and all trademarks appearing on the Services are property of us or our licensors and are protected by applicable laws. Use of these trademarks is by all means prohibited.
By agreeing to these Terms, you grant Albacross a non-chargeable right to use your name, trademark and/or a hyperlink to your website in order to provide the Services, as well as for all marketing purposes of Albacross products and Services, both online and offline.

8. Unauthorized use/no interface

You agree that you will not use nor attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and other third party to) do any of the following:
- use the Services or any data contain therein or provide, link or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or otherwise misrepresent your affiliation; manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services;
- alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.

9. No warranties

The Services and the content therein are provided “as is” and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.
We offer no guarantee that the pages, services, functions, choices and content of the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.
The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on its website at any time without notice. We do not, however, make any commitment to update the materials.

10. Exclusion of liability

Unless caused by our gross negligence or intent, we shall in no event be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if we have been notified of the possibility of such damage.
We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party websites which are not under our control. We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Services. We have not reviewed content on sites other than the Services and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

11. Changes to the services

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time, make additions to, deletions from, modifications to, or change the format and features of, the Services.
You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction applies to the Services in a way that may affect or impair the Services, Albacross shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any of the Services.

12. Use of Personal data

Terms used in this Section 13 shall have the meaning set out in the General Data Protection Regulation (EU) ²⁰¹⁶⁄₆₇₉ (“GDPR”), unless otherwise defined in these Terms.
In order for Albacross to provide the Services in accordance with these Terms, Albacross will process personal data, for which the Customer is the controller, on behalf of the Customer. The personal data processing carried out by Albacross on behalf of the Customer is governed by Albacross Data Processing Agreement, entered into between the Customer and Albacross upon the Customer’s acceptance of these Terms.
In addition to processing the personal data on behalf of the Customer, Albacross will store, and process data collected via the Customer’s use of the Services for Albacross own purposes of, including but not limited, improving the Services and our business. Such processing of personal data is carried out by Albacross as a data controller and is described Albacross’ Privacy Policy. By accepting these Terms, the Customer authorises Albacross to use data from the Customer’s use of the Services for its own purposes.
The Customer is responsible for ensuring that it is entitled to transfer Personal Data to Albacross, and that such transfers are made in accordance with the GDPR and applicable laws.
Each party is obliged to inform the Data Subjects of its respective Processing as Controller of the Personal Data. Customer shall for this purpose assist Albacross by informing visitors to Customer’s website where Albacross’ tracking codes are implemented of Albacross’ processing of Personal Data. Albacross shall in turn reasonably assist Customer with providing guidance to Customer on how to provide such information.

13. Governing law and disputes

These Terms and the Services shall be governed by and constructed in accordance with the laws of Sweden, with the exclusion of its conflict of law rules.
Any dispute, controversy or claim arising out of or in connection with these Terms or the Services, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed.
The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other Party. This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard in the best possible way his rights vis-à-vis the other Party in connection with the dispute, or if the Party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar.