Terms & Conditions
In the event of any inconsistencies between these Terms & Conditions and a signed agreement (“Agreement”), between the Customer and SeenThis, the provisions of the Agreement shall prevail.
1. The Services – The Customer shall deliver or procure the delivery of all material needed in order for Seenthis to provide the Services (the “Raw Material”) according to Seenthis instructions and Seenthis undertakes to format and add functionalities to the Raw Material by use of the Technology (as defined below) (referred to as an “Ad” or “Ads”). Seenthis formatting technology, including the tracker used by Seenthis to gather impressions and other anonymised information about, and to optimize, the performance of the Ads, is referred to below as the “Technology”.
2. The Ads – If Seenthis reasonably believes that any Ad/Raw Material (i) contains viruses or other harmful components; (ii) is in violation of applicable laws, rules or regulations, and/or (iii) infringes the intellectual property rights of a third party, Seenthis may upon written notice to the Customer remove such material.
3. Seenthis Responsibilities and Liability – The Services are provided “as is” and “as available” without any express or implied warranty or representation whatsoever that they will be uninterrupted, timely, secure, error-free or that any third-party content provided will be free of viruses or other harmful components. Seenthis disclaims all liability for the Services (to the extent possible under applicable mandatory law) and makes no warranties, express or implied, regarding the Services’ functionality and accessibility. Except in the event of gross negligence or wilful misconduct, Seenthis’ aggregate and total liability in relation to the Customer shall in no event exceed an amount equal to the total payment for the Ad to which the claim relates.
4. Customer Responsibilities and Liability –The Customer agrees to defend, indemnify and hold Seenthis harmless from and against all losses, claims and expenses, including attorney or legal fees, relating to the delivered Raw Material or other material, the Ads (except to the extent related to the Technology) and personal data.
5. Rights to Raw Material, Ads and the Technology – Seenthis acknowledges that nothing in the Order(s) shall give Seenthis any right, title or interest in or to the Customer’s intellectual property rights, including the Raw Material/Ads, other than the rights to use such Raw Material/Ads as necessary to perform the Services. The Customer acknowledges that nothing in the Order(s) shall give the Customer any right, title or interest in and to Seenthis’ intellectual property rights, including the Technology and any other Seenthis functionalities or any third-party functionalities licensed by Seenthis or any material provided by Seenthis.
6. Publicity – Seenthis shall be allowed, provided that the Customer has given its prior written consent, to disclose the Customer’s name and include the Customer’s name and logo on Seenthis’ client list published by Seenthis and in marketing material produced and published by or on behalf of Seenthis.
7. Payment – For the provision of the Services, the Customer shall pay to Seenthis a fee based on the price set out in the Order for everyone thousand (1,000) impressions (“CPM”) and the actual number of impressions registered by Seenthis. The above- mentioned fee does not include the cost of ad space to be purchased by the Customer. If the Customer requests that Seenthis makes adjustments to the Raw Material, as part of the Services, the minimum amount invoiced by Seenthis for the Order, will be for one (1) million impressions. All payments shall be made by the Customer to Seenthis within thirty (30) days from the date of the invoice. Invoices shall be sent to the address provided by the Customer in written. In the event of late payment by the Customer, Seenthis shall be entitled to late payment interest at a rate of 8 % per annum or the higher statutory interest rate calculated according to Section 6 of the Interest Act (Sw. räntelag (1975:635)).
8. Personal Data – The parties are committed to respect privacy and to ensure lawful processing of personal data. Please be referred to https://seenthis.co/uploads/seenthis-dpa.pdf regarding the processing of personal data.
9. Governing Law and Disputes – The Order and the Terms and Conditions shall be governed by and interpreted in accordance with the substantive laws of Sweden, with exception of its conflict of laws rules. Any dispute, controversy or claim arising out of or in connection with an Order and the Terms and Conditions, or the breach, termination or invalidity thereof, that are not resolved by negotiations between Seenthis and the Customer, shall, to the exclusion of other courts, be finally settled by a court in Sweden and at first instance shall be heard in the District Court of Stockholm.