Last updated: December 10, 2024
These Terms of Service ("Terms") govern the use and provision of the SalesKong software-as-a-service offering (the "Services") provided by Sales Kong AB (org. no. 559497-0062) ("SalesKong," "we," "us," or "our"). By subscribing to and using the Services, you ("Subscriber" or "you") agree to these Terms. These Terms form a binding agreement between SalesKong and the business entity you represent.
The Agreement consists of these Terms, any applicable Subscription Service Order Form, and any Data Processing Agreement ("DPA") referenced herein (together, the "Agreement"). Capitalized terms not defined in these Terms have the meanings assigned in the Order Form or DPA. No other terms or conditions will apply unless expressly agreed in writing.
SalesKong provides the Services as described in your Subscription Service Order Form. The Services are generally available 24/7, subject to scheduled maintenance. The Services include SalesKong's AI-based functionalities as further described in the documentation.
You are responsible for procuring and maintaining all necessary telecommunications, computer equipment, software, and connectivity at your expense. You must ensure that your use of the Services complies with all applicable laws and regulations. You are responsible for all actions taken under your Access Credentials and must promptly notify us of any unauthorized access or suspicious activity.
Subscriber may designate one or more administrators ("Administrators") who manage end-user access to the Services within your organization. Administrators can add, remove, and suspend user access and may access Input (as defined below). All end users must be employees, contractors, or agents of the Subscriber or its Affiliates.
"Input" means all data, content, materials, or information you provide, upload, or submit to the Services. You represent and warrant that you have all necessary rights, licenses, and consents to provide the Input, and that such Input does not violate any third-party rights or applicable laws. You retain all rights in your Input.
The Services may produce results, suggestions, insights, or other outputs based on your Input ("Output"). Subject to these Terms, SalesKong grants you a non-exclusive, non-transferable license to use the Output for your internal business purposes. If Output is created solely from your Confidential Information (as defined below), all related rights to the Output shall be solely yours. You acknowledge that due to the nature of machine learning, similar or identical outputs may be generated for other customers.
You grant SalesKong a non-exclusive license to use your Input to provide and improve the Services, including the right to process and analyze Input. SalesKong may aggregate and anonymize data derived from your use of the Services to enhance performance, functionality, user experience, and inform broader comparisons or reference points that may be accessible in a generic, non-identifying manner to other users. SalesKong does not use your Input to train generative AI models.
The Services use probabilistic methods and may produce inaccuracies or errors. You are responsible for evaluating the accuracy and suitability of the Output for your needs, which may include human review.
The Services may interoperate with or allow integration of third-party services. Your use of such third-party services is governed by their own terms, and you are solely responsible for compliance. SalesKong provides no warranty or support for third-party services and is not liable for their availability or performance.
The Services are offered on a paid subscription basis with a single plan as described in your Subscription Service Order Form. You shall pay all applicable fees in the manner and currency specified. Fees are non-refundable unless otherwise agreed. Late payments may result in suspension of the Services. You are responsible for any taxes, duties, or similar assessments arising from the Agreement, excluding taxes on SalesKong's net income.
"Confidential Information" means any nonpublic information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is marked or should reasonably be considered confidential. Your Input is your Confidential Information; the Services and related information are SalesKong's Confidential Information.
The Receiving Party shall use the Disclosing Party's Confidential Information only as required to exercise rights or perform obligations under the Agreement, shall not disclose it to third parties except as permitted, and shall protect it with at least the same degree of care as it uses to protect its own confidential information.
SalesKong will maintain appropriate administrative, physical, and technical safeguards consistent with industry standards. You must implement reasonable measures to secure your Access Credentials and systems. If you discover any vulnerabilities or breaches, notify us promptly.
Data protection measures shall be as set forth in a DPA, if applicable. SalesKong's processing of personal data is further described in our Privacy Policy and, where required, the DPA.
SalesKong and its licensors retain all rights, title, and interest in and to the Services, including all underlying technology. Except as expressly provided, nothing in the Agreement transfers or licenses any intellectual property rights. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works of any part of the Services except as permitted by applicable law.
SalesKong warrants that it will perform its obligations under the Agreement in a professional manner consistent with industry standards. Except as expressly stated, the Services are provided "as is" and "as available."
To the extent permitted by law, SalesKong and its affiliates disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee error-free or uninterrupted operation of the Services, or the accuracy of any Output.
To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages (including loss of profits or data). SalesKong's aggregate liability arising out of or related to the Agreement shall not exceed the total amount paid by you for the Services in the twelve (12) months preceding the event giving rise to liability. This limitation applies regardless of the theory of liability and even if we have been advised of the possibility of such damages.
You will defend, indemnify, and hold harmless SalesKong, its affiliates, and their personnel from any claims, damages, losses, or expenses arising out of or related to your Input, your use of the Services, or your breach of these Terms or applicable law.
The Agreement remains in effect from the effective date stated in the Order Form or the date you begin using the Services, whichever is earlier, and continues for the initial subscription term specified. It will renew automatically for successive terms as stated in the Order Form unless terminated as set forth herein.
Either party may terminate the Agreement for material breach by the other party if not cured within thirty (30) days after written notice. SalesKong may also terminate or suspend access due to non-payment or unlawful use. Upon termination, you must cease using the Services and return or destroy any of SalesKong's Confidential Information.
Provisions that by their nature should survive termination (including ownership, confidentiality, indemnification, and limitation of liability) will remain in effect.
SalesKong may revise these Terms at any time by posting the updated version on our website. Your continued use of the Services after changes are posted constitutes your acceptance. No separate notice is required.
These Terms are governed by and construed in accordance with substantive Swedish law, without regard to conflict-of-laws principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall be finally settled by arbitration in Stockholm, Sweden, administered by the SCC Arbitration Institute. The language of arbitration shall be English. The existence and details of the arbitration shall be confidential, except as required by law.
The Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements or representations.
Neither party may assign or transfer the Agreement without the other's prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all assets.
All notices under the Agreement shall be in writing and effective upon posting to our website or upon delivery to the email associated with your account.
The failure of a party to enforce any provision shall not be deemed a waiver of future enforcement of that or any other provision.
If any provision of the Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.
A breach of these Terms may cause irreparable harm, entitling the non-breaching party to seek injunctive or equitable relief in addition to any other legal remedies.
Email: team@saleskong.com
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.