Komp vilkår og betingelser
1. Introduction
1.1 About Kompany and the product
Kompany AS, org.nr. 932 393 263, offers a product and a service developed for people with limited digital competence and social network. The product consists of a screen with integrated communication software (” Komp » or the “Screen”) and an application (the “Application”), which together constitute the product (the “Product”).
The users of the Product are persons who have the Screen (« Komp -User”) and people in this person’s social circle who have created a profile in the Application (“App User”, and collectively Komp -user “User”).
1.2 Product purpose
The purpose of the Product is to facilitate communication between Komp -the user and their social network, regardless of digital competence. People in Komp -the user’s social circle can download the Application on their mobile phone or tablet and easily send images or text directly to the Screen, which will be displayed for Komp The product also makes it easy for users to communicate directly with friends and family via video calls.
For more information about the Product and how it works, see Komp .
1.3 Scope of the Terms
These terms and conditions govern your use of the Product (the “Terms”).
The Terms are binding on all natural and legal persons who purchase, rent or use the Product, and you (as an individual, company, business or other entity) (“Customer”) accept and agree to these Terms and any other terms set out in the order, if applicable (the “Order”, and together with the Terms the “Agreement”), by submitting an Order or otherwise confirming your acceptance of the Terms, for example by using the Product.
1.4 Specific terms for the Application
In addition to these Terms, App users are subject to their own terms and conditions for use of the Application. The individual App user will be asked to accept the application’s terms in Google Play or Apple App Store when creating their profile.
1.5 Purchase as a gift or donation
If you purchase or rent the Product as a gift or donation to a third party, you as the buyer undertake to comply with clauses 6, 7.2, 10, 11, 12, 13, 14, 16 and 17 of these Terms. You accept the Terms by submitting an Order to Kompany.
2. Use of the Product
2.1 Permitted Use of the Application
The Application is provided solely for personal, non-commercial use in accordance with the Product’s purpose. It is not intended to be used in a professional context or as part of any professional practice, task or service. Any use of the Application for commercial purposes or in a professional context is strictly prohibited and may result in sanctions as described in the section “Breach and Termination” of the Terms.
2.2 Registration in the Application
Before the Application can be used, the App user must register. During registration, the App user must only provide correct information about themselves. After registration, a user profile is created. This profile is personal and cannot be used by anyone other than the App user. If an App user suspects that the profile is being used by others, Kompany must be notified immediately.
3. Personal data and information security
3.1 Processing of customer data
All data, information and material of any kind that the Customer or Users provide to Kompany, including personal data (“Customer Data”), will be processed in accordance with applicable data protection legislation. For more information on how we process Customer Data, please see the Privacy Policy.
3.2 Data processing relationship
If the Product is used for purposes that are not exclusively personal or private, Kompany’s data processing agreement applies. All Customer Data uploaded to Komp and the Application by the Customer or the User, belongs to the Customer and/or the User. The Customer is the controller of all Customer Data processed by Kompany in connection with the provision of the Product and related services.
Kompany will only process data to the extent necessary to provide the service to the Customer, including support, service and maintenance, and will not process data for any other purpose unless there is a legal obligation. Kompany’s standard data processing agreement is part of these Terms and further describes the data processing relationship. The data processing agreement is available on our website.
4. Equipment not supplied by Kompany
Komp communicates with the Application via WiFi or mobile broadband. The User is responsible for all costs required to obtain internet access via WiFi or mobile broadband. The User is also responsible for any other equipment (“Equipment”) used with the Product but not provided by Kompany, including installation, operation and maintenance, at its own expense.
The Customer acknowledges that Kompany makes no warranties or representations relating to such Equipment and is not liable for any losses arising from the use thereof.
5. Duration of the agreement
5.1 Purchase
When purchasing Komp The Customer has ninety (90) days from the date the Product is received to return the Product. Contact support@ komp.family for a return form.
5.2 Rent
In the case of rental, unless special offers apply, the Agreement comes into force on the date the Order is submitted to Kompany and runs for a fixed period of three (3) months.
5.3 Return after termination
The Product shall be returned to Kompany within a reasonable time after termination of the Agreement, and no later than thirty (30) days after termination. Unless otherwise agreed, the Customer shall cover the costs associated with the return. Costs for missing or damaged parts shall be borne by the Customer. The Product will be checked by Kompany within a reasonable time after receipt.
6. Price and payment terms
The total price for the Product is stated in the ordering process. The price is paid in advance and otherwise in accordance with the selected payment method.
The price includes:
- User manual and support
- The application and its updates
- Free software updates
- 4G
The price consists of a one-time payment for Komp and a monthly subscription for use of the Application and 4G. The subscription is free for the first three (3) months, after which a monthly fee will be charged (“Subscription Fee”).
6.2 Changes in prices
Kompany reserves the right to change the Subscription Fee or other applicable fees, as well as to introduce new fees, upon thirty (30) days’ notice (which may be given by email). Such changes shall be deemed to be changes to the Terms. Continued use after the notice period shall be deemed acceptance of the new Terms.
6.3 Invoicing and payment
Kompany (or payment provider) is authorized to charge the Subscription Fee from the Customer’s account at the start of each subscription period, for as long as the subscription is in effect.
Kompany is not responsible for any fees that the bank or payment provider charges the Customer.
Payment of the Subscription Fee: The Subscription Fee and any other applicable fees, including taxes, transaction fees or other charges, will be charged to the Customer’s account on the billing date. For the avoidance of doubt, Kompany is not responsible for any fees charged by the Customer’s bank or payment provider for the use of a credit card or other payment method.
6.4 Automatic renewal
Customer’s subscription will continue and automatically renew for the current subscription period unless cancelled.
6.5 Authorization for payment
By providing a payment method that Kompany accepts, Customer represents and warrants that Customer is authorized to use the specified payment method and that Kompany (or third-party payment provider) may charge the account for the total amount of applicable subscription fees or other purchases (including any taxes and other charges). Payment information associated with Customer’s account may be updated by contacting Kompany’s customer service.
The Customer is responsible for paying all amounts due even if the account is suspended, deactivated, terminated or terminated due to non-payment or other violation of the Agreement or applicable law. If the payment information changes, the card issuer may provide Kompany with updated card information. Kompany may use this new information to prevent subscription interruptions and will notify the Customer via email if a new payment method is used.
If the payment method cannot be verified, is invalid or otherwise not acceptable, the Order or subscription may be suspended or canceled.
6.6 Taxes and fees
The Customer accepts that the amount invoiced may vary as a result of promotional offers, changes to the subscription plan or changes in applicable taxes or other fees, and the Customer authorizes Kompany (or a third party payment processor) to charge the account for the corresponding amount.
Taxes/VAT: The customer is responsible for all taxes or fees in connection with the purchase of a subscription or other products or services. Kompany will collect applicable VAT if Kompany is obligated to do so.
6.7 Subscription cancellation
The customer can cancel the subscription at any time and without reason. Contact support@ komp.family to cancel.
For paid subscriptions, cancellation will be effective at the end of the current billing period. Customer is responsible for all charges (including applicable taxes and other fees) incurred for amounts processed prior to cancellation of the current subscription.
Upon termination of the Customer’s subscription and/or user account, either by Kompany or by the Customer, the Customer loses access to the subscription.
6.8 Late payment
In the event of default or late payment, Kompany may, after at least fourteen (14) days’ written notice, make the Product unavailable to the Customer. In the event of persistent late payments, Kompany may terminate the Agreement.
Delivery of the Product
7.1 General
The product is shipped to the Customer according to the delivery option selected by the Customer in the ordering process.
Estimated shipping and delivery dates are provided during the ordering process. The delivery date depends on the selected delivery option and delivery location, as well as the time of payment. The Customer acknowledges that delays in relation to the estimated dates may occur. Kompany is not responsible for delays in relation to the estimated delivery date, provided that the Product is delivered within thirty (30) days of such estimated delivery date.
The product will be delivered to the delivery address provided by the Customer during the ordering process. The Customer is responsible for ensuring that the correct address is registered at all times, and Kompany is not responsible for any losses resulting from the Customer not updating the delivery address.
Delivery has occurred when the Customer or the Customer’s representative has received the Product, and the risk in the Product passes at that time. If the Product is not collected or received at the agreed time, and this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is made available to the Customer, and failure to collect/receive constitutes a breach by the Customer. Kompany reserves the right to charge the Customer for additional shipping costs as a result of the Customer not collecting/receiving the Product at the agreed time.
7.2 Delivery for donation purchases
In the case of donation purchases, Kompany may ship the Product directly to the recipient on behalf of the Customer if the Customer so wishes and if the Customer provides Kompany with the recipient’s delivery address within a reasonable time after submitting the Order. The Customer shall select the recipient of the donation, and the donation shall in all circumstances be deemed to have been made to the recipient by the Customer. Kompany shall not under any circumstances select the recipient on behalf of the Customer.
8. Breach and Termination
8.1 Termination in the event of material breach
If either party materially breaches its obligations under the Agreement and the breach is not cured within thirty (30) days of written notice from the other party, the other party may terminate the Agreement with immediate effect.
8.2 Suspension and termination for non-compliance
Kompany reserves the right to make the Product unavailable to the User if these Terms are not complied with. It is within Kompany’s discretion to decide on such exclusion, but Kompany undertakes to provide a reasoned explanation for its decision upon request. Kompany shall not be held financially liable in this regard.
Kompany further has the right to terminate the Agreement in the event of a breach of the Terms, such as misuse of the service, including, but not limited to, data transfer in violation of applicable law, third-party access to an App user’s personal profile, use of the Product in violation of these Terms, or if other reasonable cause exists.
9. User responsibilities
9.1 Responsibility for use
The User is responsible for all actions taken when using the Product. The User and the Customer undertake to indemnify Kompany against third party claims resulting from the User’s use of the Product in violation of these Terms. This also applies to use in violation of applicable laws and regulations.
9.2 Duty to report damage
Damage caused by defects in the Product or damage/defects related to its use must be reported to Kompany immediately after discovery.
10. Product defects
10.1 Complaints procedure
If the Customer discovers that the Product is defective, the Customer must, within a reasonable time after the Customer became aware of the defect, send a written complaint to Kompany.
10.2 Complaints deadline and consumer rights
Complaints relating to defective Products must in all cases be reported to Kompany within five (5) years after the Customer received the Product. If it is determined that the Product has a defect, and the Customer is a consumer, the Customer is entitled to all remedies for breach of contract arising from applicable mandatory consumer protection legislation.
11. Limitation of Liability
11.1 General limitation of liability
Kompany is not liable for direct or indirect loss or damage, unless this is caused intentionally or by gross negligence on Kompany’s part, or unless liability results from mandatory consumer protection legislation.
11.2 Limitation of liability
Kompany’s liability to the Customer and the User is limited to the amount the Customer has paid to Kompany for the Product, unless otherwise provided by mandatory consumer protection legislation.
11.3 “As is”
Unless otherwise expressly stated herein, Kompany is not liable for any further financial losses that the Customer and/or User may suffer as a result of using the Product. The Product is provided “as is” and is used at the User’s own risk.
12. Updates and maintenance
12.1 Software updates
The product’s software is updated regularly and automatically, provided that the Display is connected to power and the internet.
12.2 Hardware updates
In the event of hardware updates, the Display may be sent to Kompany, Råsundavägen 6, 16967, Solna, Sweden. Unless otherwise agreed with Kompany, the User is responsible for covering the costs of such hardware updates. The User shall under no circumstances carry out repairs or modifications to the Product, but shall immediately notify Kompany of any defect in the Product. Kompany disclaims any liability for damage to the Product resulting from the User’s own repair work.
12.3 Maintenance work
Kompany reserves the right to carry out necessary maintenance work on the Product. Kompany will endeavour to carry out such maintenance without unnecessary disruption to Users. Kompany is not responsible for any loss of access to the Product as a result of necessary maintenance or upgrade work.
13. Intellectual Property Rights
13.1 Property rights
The content of the Product and all related copyrights and other intellectual property rights belong to and are the property of Kompany. Users are responsible for ensuring that their use of the Product complies with Kompany’s intellectual property rights.
13.2 Feedback
The Customer or User may from time to time provide suggestions, comments on improvements or functionality or other feedback (“Feedback”) to Kompany with respect to the Product or other intellectual property rights belonging to Kompany. Kompany shall determine in its sole discretion whether or not to proceed with the development of such Feedback. By providing Feedback, the Customer or User acknowledges that Kompany is granted sole ownership of the Feedback and that Kompany shall not pay any compensation for such Feedback, either at the time of the Feedback or in the future.
13.3 Transfer of company
In the event of a potential transfer of the company to another legal entity, the rights and obligations under this Agreement shall survive.
14. Force majeure
Kompany shall not be liable to the Customer or the Users for any delay or failure to perform its obligations under this Agreement, in whole or in part, due to causes beyond Kompany’s reasonable control and without Kompany’s fault or negligence, including, but not limited to, government regulations, strikes, lockouts, export or import restrictions, acts of war, epidemics, fire, communication line failures, power outages, earthquakes, floods, blizzards or other natural disasters (“Force Majeure Event”). Delays resulting from a Force Majeure Event automatically extend the deadline for performance by a period equal to the duration of the event.
15. Changes to the Terms
Kompany reserves the right to amend the Terms in the Agreement period. It is the Users’ responsibility to keep updated on the Terms in force from time to time, but if any material amendments are made, the Users will be notified. If the Users continue to use the Product after an amendment is made, the Users shall be deemed to have accepted the amendment(s).
16. Right of withdrawal upon purchase
16.1 Right of withdrawal
If the Customer is a consumer, the Customer has the right to withdraw from this Agreement within thirty (30) days without giving any reason. The right of withdrawal expires thirty (30) days after the date on which the Customer or the Customer’s representative receives the Product.
16.2 Notification of exercise of the right of withdrawal
To exercise your right of withdrawal, you must clearly inform us of your decision to withdraw from the Agreement by email to komp .
16.3 Refund
If the Customer withdraws from this Agreement, Kompany shall reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed of your decision to withdraw from the Agreement. Unless otherwise agreed, the reimbursement shall be made using the same payment method as the original transaction. The Customer shall not be charged any fees in connection with the reimbursement. The Customer shall only be liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product. Kompany reserves the right to withhold the reimbursement until the Product has been returned, or until the Customer has provided documentation showing that the Product has been returned.
16.4 Return costs
The Customer bears the direct costs of returning the Product. To receive a full refund, the Product must be returned in the same condition as it was received, without defects or visible marks.
17. Governing law and dispute resolution
This Agreement shall be governed by and construed in accordance with Swedish law. In the event of any dispute arising out of or in connection with this Agreement, the Parties shall in good faith attempt to resolve the dispute through negotiations. Any dispute that the Parties are unable to resolve amicably within a reasonable time may be brought before the ordinary courts of Sweden. The Parties submit to the exclusive jurisdiction of the Stockholm District Court.