- Albacross Nordic AB (hereinafter “Albacross”, “we”, “us”, or “our”), registration no. 556942-7338, having its registered address at Kungsgatan 26, 111 35, Stockholm, Sweden provides Website Tracking Service and Account Based Marketing Service (collectively the “Services” and further defined below), accessible by using our website, currently albacross.com (the “Website”).
- 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.
“Website Tracking Service”, is a service in which we identify Visitors to the Customer’s Property. You will be provided with Reports via e-mail and via an online interface in Your user account.
“Account Based Marketing Service”, is a service that enables the Customer to display advertising in relevant formats (“Ads”) on sites from time to time included in Albacross’ network (“Sites”) for exposure to your selected Visitors.
“ATC”, meaning Albacross Tracking Code, which is installed on a Property for the purpose of collecting the Customer Data, together with any fixes, updates and upgrades provided to you.
“Customer”, meaning you or the entity you represent for whom you are accepting these terms.
“Customer Data”, meaning the data you collect, process or store using the Service concerning the characteristics and activities of Visitors.
“Property”, meaning any web page, app, or other property under your control that sends data to the Services and Software.
“Report”, meaning the resulting analysis either provided to you via e-mail or shown to You in your user account.
“Visitors”, means an access from a user which is identified by Albacross as belonging or relating to a specific company.
3. REGISTRATION PROCESS
- If you are 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 e-mail containing your chosen information to the e-mail address you provided.
4. 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.
- Albacross (or its wholly-owned subsidiaries’) support staff may, from time to time, log in to the Service under your account in order to maintain or improve service, including to provide you assistance with 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 firstname.lastname@example.org.
5. 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 behaviour, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.
6. WEBSITE TRACKING SERVICE
Certain Services from us are offered free of charge, currently called the “Website Tracking Service”. The Website Tracking Service is a marketing analytics tool which identifies and collects information regarding Visitors from Customer’s websites. In order to use our Website Tracking Service, you need to download and install ATC on your Property.
You can learn more about the content of the Website Tracking Service on our Website.
7. ACCOUNT BASED MARKETING SERVICE
- In addition to the Website Tracking Service we offer a marketing services which require payment in order for you to partake, the “Account Based Marketing Service”. The Account Based Marketing Service allows you to display advertising in relevant formats on sites from time to time included in Albacross’ network for exposure to your selected Visitors.
- The Account Based Marketing Service is entered into for a determined period of time which is the period during which you have requested an ad to be displayed (the “Campaign”). For each Campaign, you have the possibility to select a maximum number of Impressions for the period selected on our website. When the chosen number of Impressions have been reached, your Ads will be automatically inactivated for that period and restarted at the commencement of the next period.
- The price for the Account Based Marketing Service is based on the number of Impressions made by your Ad. An “Impression” is the exposure of the Ad to a targeted company-related Visitor.
- We may offer the Account Based Marketing Service to other advertisers, 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.
- For the sake of clarity, Albacross does not guarantee a minimum amount of Impressions in relation to your use of the Account Based Marketing Service. Albacross reserves the right to deny and/or terminate (as applicable) any Campaign which violates applicable law, Albacross’s policies or which is in any other way inappropriate subject to Albacross’s sole assessment. You can learn more about the content of our Account Based Marketing Service on our Website.
- 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 these Sites 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.
- If you wish to terminate a Campaign in advance, you may send your termination to email@example.com. If we want to terminate the subscription, we will do so by e-mail. 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 (se section 8 below). Following our sending of a termination e-mail, the termination of the Campaign will be effected immediately.
8. FEES AND PAYMENT
- You shall pay for the Account Based Marketing Service according to the payment terms below, unless otherwise agreed in your Agreement.
- You agree on a fixed cost per Impression, exclusive of VAT, as indicated when ordering a Campaign. The fees you are obligated to pay are limited to the number of Impressions, not the budget for the Campaign. Fees for the Campaigns are paid weekly in arrears if you pay with card, and full prepayment if you pay by invoice. If any payment is not made on the due date, your Account Based Marketing Service service will be automatically and immediately terminated.
- The fees can be paid by any one of the payment options offered on our website. If you choose to pay by credit card you submit the necessary credit card information when ordering a Campaign. The credit card will thereafter be charged as per your Campaign on a weekly basis. 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. If you choose to pay by invoice, payment shall be due 15 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).
- Interest on overdue payments shall be payable according to law. 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.
9. 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.
10. UNAUTHORIZED USE/NO INTERFACE
- You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with 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 any 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, libellous, 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.
11. 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 web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time without notice. We do not, however, make any commitment to update the materials.
12. 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 web sites 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.
13. 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 Service in a way that may affect or impair the Website Tracking Service as well as the Account Based Marketing Service, 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 Account Based Marketing Service.
14. USE OF CUSTOMER DATA
15. GOVERNING LAW AND DISPUTES
- These Terms and the Services shall be governed by and construed 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.