TERMS AND CONDITIONS

Updated: 2024-09-17

GENERAL

Information about Ludo Technologies

These terms and conditions ("Terms") are applicable to all services provided by Ludo Technologies AB (company registration number 559371-1061) ("Ludo Technologies", "us", "our" or we"," the Company") to our customer (" you"," the Customer").

When we refer to the "parties" we mean you and us together.

Contact information

The Customer may contact the Company by using any of the contact details set out below ("Contact Information"): Email address: sales@ludoo.app

Agreeing to the terms

By creating an Account and using the Services, you agree to the Terms. If you do not agree to the Terms, you may not create an Account or use the Services.

Definitions

"Account" means the account that the Customer registers and creates on the Platform and/or in the App.

"App" means the Company's application accessible via computer or mobile device relating to the Services.

“DPA” means the Company’s data processing addendum ( www.ludoo.app/legal/dpa) which applies to when the Company Processes Customer’s Personal Data as a Processor on the Customer behalf and on Customer instruction.

"Functions" means the Platform, the App, the Customer's Account and the Services, jointly.

"Privacy Policy" means the Company's Privacy Policy (www.ludoo.app/legal/privacy-policy) which describes how the Company Processes the Customer's Personal Data as a Controller.

"Services" means the services described under section "Description of the Services" below and which we have made available through the platform, Site and the App, together with any such other related services and information made available by us to you.

"Platform" means the Company's website (www.ludoo.app) relating to the Services.

"Site" means the Company's website (www.ludoo.app) relating to the Services.

"Third Party Applications" means online, web-based applications and offline software products or services that are a) provided by third parties, b) interoperate with the Company, and c) may be either separate or integrated with the Company and whether or not such are indicated by the Company as being third-party applications.

THE SERVICES

Description of the Services

Ludo Technologies provides a digital platform (Ludoo) for practical skill training, employee experience and organizational agility ("Services"). More information about the Services can be found on the Site and in the App. To be able to use the Services, adequate internet access is required.

Information, knowledge and challenges provided by Ludo Technologies are not to be seen as consultations but as general information and inspiration. We do not take any responsibility for any decisions you take based on the information provided through the platform.

Setting up an Account

To subscribe to the Services, you must create an Account. You confirm that all information you provide to us in the creation of your Account is correct and agree to ensure that the information is accurate at all times. We are entitled to decline or adjust an order from you or shut down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account.

Once an Account has been successfully created, and payment has been made where prepayment is required, the Services will be available and ready to use or ordered, as detailed on the Site and/or in the App.

Admin credentials for your Account must be kept secure at all times. You may only create one Account. You are not allowed to transfer the Account to another person or to share admin data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using our Contact Information.

The Services allow you to create a user/team account. Here you may authorize and share access to other persons (for example employees, representatives) (“Authorized Persons”) you choose to include in the joint use of your account. This access is password-less and an assigned email is only required for login. However, the admin credentials of the Account you create should not be shared.

Ordering the Services

The Services shall be ordered in accordance with the instructions on the Site and the App.

Your order has been confirmed when we send you an order confirmation through email and/or the App. When an order confirmation has been sent, you have entered into an agreement with us and agree to these Terms, and where applicable the Privacy Policy and DPA.

YOUR OBLIGATION

Eligible customers

We offer the Services to companies and other legal entities. You warrant that you are authorized to enter into these Terms on the behalf of the legal entity as well as to use all Functions.

These Terms (including as applicable the Privacy Policy and DPA) constitute the entire agreement between us in relation to the Services. You warrant that the Authorized Persons you authorize to create an Account and use the Services have read and understand the Terms. You are at all times responsible for the use of the Services and Functions under these Terms, including by such persons - as if it was you using the Services.

You agree to be responsible for all Personal Data of such persons and instruct us to use this Personal Data in accordance with the DPA. You will also receive all relevant consents as required and clarified in the DPA.

You also agree that we use Personal Data belonging to you and these persons as per the DPA and Privacy Policy as applicable.

Use of the Functions

When the Customer uses the Functions, the Customer must always comply with all applicable laws, regulations and public orders. The Customer shall not access the Platform or the App other than through interfaces provided by the Company and as otherwise expressly authorized under these Terms. The Customer may not use the Functions in a manner contrary to the Company's, or any third party’s, rights and interests. The Customer agrees to comply with all instructions and recommendations provided by the Company from time to time.

As further stated above, the Customer agrees to be responsible for all activities that occur under the Customer's Account. Credentials for the Customer's Account must be kept secure at all times and the Customer is forbidden to share admin or credential data relating to the Customer's Account with any third parties. Should the Customer suspect that the Customer's Account or the Customer's credentials have been or are being used by a third party, the Customer must contact the Company immediately by using any of the Company's Contact Information.

The Customer also agrees not to:

The Company may have to suspend the supply of any of the Functions to:

The Company will contact the Customer in advance in the event the Company needs to suspend the supply of any Service. This does not apply if the problem is urgent or an emergency.

As stated above, the Company is entitled to decline or adjust an order from the Customer and close down the Customer's Account in the event that the Customer provides the Company with untrue, inaccurate, not current, or incomplete information when creating the Customer's Account. This shall also apply if the Customer fails to comply with this Agreement (for example if the Customer has not paid for the Services on time) or other mandatory provisions by law. Upon occurrence of any of these events, the Company will contact the Customer and request that the Customer remedies its breach of the Agreement.

The Customer's provision of content

The Platform and/or the App include(s) functions for uploading and storing of files and other information provided by the Customer ("Content"). The Customer is responsible for all distribution and other actions by the Customer and in the Customer's Account.

By adding Content to the Platform and/or the App, the Customer warrants that it is a) the owner of the uploaded Content or b) entitled to manage the Content in such way and that the Content or the Customer's use of the Content in no way violates any applicable legislation. The Company will not supervise whether any Content is lawfully uploaded or distributed through the Platform and/or the App.

By adding Content to the Platform and/or the App, the Customer is aware that general Content (e.g. phrases, questions etc.) might be shared with others. Content of a sensitive nature (campaigns, targets, KPIs etc.) will never be shared. The Company is not liable for any loss of Content and the Company advises the Customer to always keep its own backup of the Customer's Content. The Company does not take any responsibility with regards to the validity of Content provided by the Customer.

In order to operate with Third Party Applications, the Company may allow Third Party Applications providers to access Content as required to perform such interoperations. In case of such interoperations, the Third-Party Applications providers shall always be bound by a confidentiality undertaking.

PRICES AND PAYMENT

Price information

Payment for the use of the Services is made in advance on a monthly basis or other regular time interval that we inform you about before the purchase.

You shall pay all applicable fees as described on the Site and/or in the App for the Services you have selected. The prices for the Services exclude value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be indicated on the order pages when you placed your order or as otherwise notified by us to you in writing.

Price changes

We have the right to change the prices for the Services. If we change the prices, we will notify you in advance.

The new prices will take effect from the first day of the next Subscription Period which follows the date when the prices were changed, unless otherwise is agreed upon in a sales order or other agreement.

By continuing to use the Services after the price change takes effect, you are bound by the new prices. If you oppose the price changes, you must terminate your subscription with us.

Payment methods

You can pay for the Services through any of the payment methods listed on the Site and/or in the App.

For payments made through a third-party supplier, this third-party supplier's terms and conditions apply. Such terms and conditions can be found on the relevant supplier's website.

You agree to pay within the set time for the applicable payment method. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest.

TRIAL PERIOD

You may be offered to register to use the Services for a limited trial period. During the trial period, you will have access to all or parts of the Services (as further described on the Site and/or in the App) free of charge

REFUNDS

Unless otherwise expressly set out in these Terms, the Company does not provide refunds, right to return for a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of the Customer's dissatisfaction with the Services and/or the Functions.

TERM AND TERMINATION

The agreement is valid from the date you create an Account and continues to be valid during the subscription period ("Subscription Period"). The Subscription Period is one month, unless otherwise is agreed upon in a sales order or other agreement. At the end of each Subscription Period, your subscription will be automatically renewed for another.

Your subscription will, however, not be renewed if you terminate it no later than 14 days before the end of your current Subscription Period, unless otherwise is agreed upon in a sales order or other agreement.

You may terminate your subscription by going to the Site or the App and follow the instructions given there or by contacting us via our Contact Information.

Upon termination, your right to access the Services will be revoked. We will also return, delete or anonymize any Personal Data about you and your Authorized Persons as you may instruct us, with exception for any Personal Data that we are required to keep by law. If no instruction is given the Personal Data will be deleted as per the DPA and Privacy Policy.

You hereby agree that we may retain your Account training and usage data as well as that of your Authorized Persons in an anonymized form which we will use as per our Privacy Policy and for the improvement of our Services.

Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

TERMINATION FROM OUR SIDE

We reserve the right to terminate or limit the Services if you:

Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.

THE COMPANY'S LIABILITY

Disclaimer of warranties

Except as expressly provided for in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services will be uninterrupted, timely, secure or error-free.

Liability

The Company's liability to the Customer will be limited as follows:

In no event shall the Company its subsidiaries, affiliates or any of their respective employees, officers, directors, agents, partners be liable for:

Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under the applicable order/contract. We have no liability if you use the Services under a trial period or otherwise free of charge.

Time limitation

Company shall not be liable for any loss or damages unless notice in writing summarizing the nature of the damages (in so far as it is known by you) and, as far as is reasonably practicable, the amount of damages claimed, has been provided to us within 3 months of you becoming aware of the loss or, if earlier, within 6 months from when the loss occurring.

Indemnification

You agree to defend, indemnify and hold harmless Company, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to:

Third party services as part of the Company's services

Sometimes the Company may rely on third party services and/or product providers (” Sub-contractors”). The Company shall remain fully responsible to the Customer for the performance of the Sub-contractors’ obligations in accordance with its contract with the Company. The Company shall notify the Customer of any failure by the Sub-contractor to fulfil its contractual obligations. In the event such Sub-contractor Processes Personal Data they will be a Sub-processor as referred to in the DPA or a Processor as per the Privacy Policy as applicable.

Defects and delays beyond the Company's control (force majeure)

The Company is not responsible for delays and defects outside the Company's control. If the Company's suppliers are delayed by an event outside the Company's control, then the Company will contact the Customer as soon as possible to let the Customer know and the Company will take steps to minimize the effect of the delay. Provided that the Company does this the Company will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay the Customer may contact the Company to end the Agreement and receive a refund for any Services which the Customer has paid for but not received.

CONFIDENTIALITY

During the term of the Agreement and thereafter, the Parties undertake not to disclose to any third-party information regarding the Agreement, nor any other information that the Parties have learned as a result of this Agreement, whether written or oral and irrespective of form ("Confidential Information") unless it is to its advisers, employees, Sub-contractors or Authorized Persons or as necessary for the fulfillment of the Services.

The Parties agree and acknowledge that the Confidential Information may be used solely for the fulfilment of the obligations under the Agreement and not for any other purpose. The Parties further agree to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.

The confidentiality undertaking above shall not apply to any Confidential Information that a Party can establish is or becomes available to the public (otherwise than by breach of this Agreement or any other confidentiality undertaking).

Each Party also undertakes to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force during the use of the Services and for three (3) years following the termination of the Services.

If a Party breaches this confidentiality obligation, that Party shall pay SEK 100.000 to the other Party for each breach.

CHANGES AND ADDITIONS

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email and/or the App. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Site and the App. Amendments to the Terms become effective the business day following the day they are posted.

All new functionalities, features and content introduced and added to the Services, the Site or the App will be subject to what is stipulated in the Terms.

COMPLAINTS AND CUSTOMER SUPPORT

If the Customer has any complaints, it may contact the Company's support department by using any of the Company's Contact Information and website.

PRIVACY

The Customer acknowledges that it is the data Controller for any personal data Processed by the Company on the Customer's behalf in conjunction with the Customer's use of the Services. The Customer also acknowledges that the Company is considered as the Customer's data Processor. This relationship is governed by the DPA

For situations where the Company is the Controller and not the Processor, please see the Privacy Policy (https://www.ludoo.app/privacy-policy)

PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

The Company's rights

The Platform and the App are owned and operated by the Company. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by the Company as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are the Company's property or third-party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without the Company's written consent.

The Company is granted the right to use the Customer’s name and logotype on its website and in other materials and channels for marketing purposes for as long as this the Company is supplying its services to the Customer.

License

The Company grants the Customer a non-exclusive and non-transferable right and license to use the Platform, the App and the Services for the sole purpose of the Company providing the Platform, the App and the Services to the Customer. Upon expiry or termination of this Agreement, this right and license shall end.

Respect for the Company's property

The Customer must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of the Company's material, hardware, source-codes or other information for any purposes.

Respect for the Company's intellectual property

The Services and other information, including all associated intellectual property rights, provided and made available by the Company, remain the Company's exclusive property. The Customer may not use the Company's exclusive property for commercial or any other purposes without the Company's written consent.

ASSIGNMENT

You may not assign any of your rights or obligations under the Terms to any third party without our prior written consent.

We may assign the Terms, and we may assign, transfer or subcontract any of our rights or obligations under the Terms, to any third party without your prior consent.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between the Parties in relation to the Services, and supersedes and replaces all previous written or oral agreements and undertakings between the Parties with respect to the subject matter hereof. Any agreed changes to this Agreement shall be documented by way of a signed addendum agreement.

GOVERNING LAW AND DISPUTES

Swedish law shall apply to the Agreement.

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the competent ordinary court.

COMPANY INFORMATION

Ludo Technologies AB is an entity registered in Sweden.

Registered address: Västmannagatan 87A, 113 26 Stockholm, Sweden
Reg. No.: 559371-1061
VAT No.: SE559371-106101