Terms & Conditions
Below you will find the terms and conditions of use that apply to our service.
1. Agreement and User Terms for Service
Heartpace AB, 556575-7530 (hereinafter ”Heartpace”), provides services that consist primarily of a tool for employee interviews, evaluations, surveys and competence management via electronic communications and storage (hereinafter "the Service").
2. The Customer’s Account
Accounts registered by “bots” or other automated methods are not permitted. The Customer must provide the Customer's legal name, a valid e-mail address, and other requested information in order to complete the registration process. The Customer's login may only be used by an individual. A single login shared by several individuals is not allowed. The Customer may create separate logins for as many individuals as the Customer wants.
The Customer has sole responsibility for the protection of his/her customer accounts, login details, passwords, etc. that are used in conjunction with the Service.
The Customer shall not allow individuals under 18 to use the Service. The Customer shall notify Heartpace immediately if the Customer becomes aware of the improper use of the Customer's account.
The Customer may access the Service through an Application Program Interface (API). Any use of an API, including use of an API through a third party product that has access to the Service, is bound by the terms of this Agreement, as well as the following special terms:
Misuse of, or excessive uploads to the Service through an API may result in a temporary shutdown of the Customer’s account’s API access. Heartpace will determine what constitutes misuse or excessive use of an API.
4. The Service
The purpose of the Service is to facilitate the monitoring and documentation of employee performance. The Customer accepts responsibility for his/her use of the Service. The Service is provided in its existing condition and according to existing availability.
Technical support is provided to paying Customers only, and is only available via e-mail unless otherwise agreed or stated in the SLA.
Heartpace uses third party suppliers and hosting partners to provide the necessary hardware, software, network, storage and related technology required to provide and operate the Service. In cases where the Customer uses services outside the basic functionality with additional variable costs, e.g. SMS authentication, storage of one’s own separate database, management of e-mail beyond the base volume, etc., the Customer shall bear such additional costs. Prices can be obtained on request.
Depending on the Customer's operation, the technical development and transmission of the Service, including the Customer's content, may be carried out unencrypted and involve (a) transmission over different networks, and (b) changes in order to comply with and adapt to technical requirements for connecting networks or devices. An example of lower security of data transmission is the use of public networks where Heartpace is not in control of the administration.
Heartpace does not guarantee that (i) the Service will meet the Customer's specific requirements; (ii) the Service will operate faultlessly without interference or interruption (iii) the results that may be obtained from use of the Service will be accurate or reliable.
5. Payment and Charges
A valid credit card, or acceptance of credit from Heartpace, is required in order to pay for use.
Heartpace will invoice the Customer a calendar year in advance, unless otherwise agreed. Heartpace will invoice electronically, free of charge, or via paper invoice. The Customer agrees to pay for the Service upon receipt of the invoice, or at a later date as specified on the invoice. Interest and fees will be charged on invoices that are not paid on time, in accordance with applicable law.
If the Customer signs up online and does not close the account within 30 days, the Customer will be billed monthly, starting the 30th day after the Customer's account was originally created. If the Customer cancels before the processing of the Customer's first invoice on the 30th day, the Customer will not be charged. From time to time, Heartpace operates other campaigns with different pricing and payment terms from the normal. For such campaigns, these terms will be stated, and will only apply to the campaign in question. Campaigns cannot be combined unless this is clearly stated in the offer.
For Customers who do not have a written contract, prices, including but not limited to monthly subscription fees, may change with 30 days’ notice. Such notice may be provided at any time via changes being published on the app.heartpace.com website.
6. Responsibility for Communication and Responsibility for Material
The Customer is responsible for all use of the Service in connection with Customer's accounts, whether or not this is approved by the Customer.
The Customer is the sole owner of the content and solely responsible for all communication content (visual and written) used with the Customer's account(s). The Customer and users shall follow all laws when using the Service, and it shall not be used to transmit communications or store any material that violates any law, court order or ordinance or that may appear unethical or offensive. The Service shall not be used in such a way that it interferes with Heartpace's operation or other customers or users. Although Heartpace is not responsible for communication or content, Heartpace may bar the Customer if violation of these rules is discovered.
For Customers with a written agreement, such an agreement will govern account closure and the notice period for cancellation.
In other cases, the Customer is solely responsible for properly closing the Customer's account. The notice period is 30 days. The Customer's account can only be cancelled so as to terminate at the end of a calendar month. Cancellation must be done in writing, e.g., by e-mail. All the Customer's material will be removed upon the agreement’s termination. Therefore, this information cannot be restored when the account is closed. The Customer is responsible for backing up any information that the Customer wishes to save before the account is cancelled.
8. Copyright and Ownership
Heartpace, and its licensors, own all rights to the Service and underlying technology. The Customer may not forward, mirror, copy or reuse any part of the Service’s code or visual design elements.
The Customer and users own all rights to all communication transmitted through the Service and materials stored through the Service.
Heartpace will not review communications and materials in advance, but Heartpace is entitled, on its own responsibility, to discontinue communications or remove material available through the Service if there is reason to assume that the material violates the law.
9. Limitation of Liability
All services are provided in "existing condition" and "with all defects" and without warranty. The user understands and agrees that Heartpace’s services and website are provided "in existing condition" and "as available".
Heartpace is not liable for indirect damages, such as loss of goodwill, data or profits, or costs of coverage as a result of or in connection with use of service.
However, if there is a malfunction in the Service, Heartpace will remedy the fault with the promptness that the circumstances require.
If the customer has not been able to use the Service in some essential respects as a result of a fault in the Service, the customer is also entitled, for the period from notification of the error and during the time the defect is present, to receive a reasonable reduction of the charge pertaining to the Service.
If the fault is due to the supplier's negligence, the supplier is liable for damages, within the limitation stated below.
Heartpace's liability for direct damages is limited to what has actually been paid by the Customer for the Service for six (6) months immediately before the damage occurred.
10. Confidentiality and Personal Data
Both parties undertake to comply with applicable laws for the protection of personal data and integrity.
Information that Heartpace has concerning the Customer and users will be used for providing the Service, identification, account management and analyses, producing statistics, and for the purpose of preventing fraud/damage.
The Customer agrees that Heartpace, as Personal Data Assistant, will handle the personal information of the Customer and the users thereof. The consent covers the personal data of the Customer and users thereof that have been collected as a result of the Customer's use of the Service, such as name, address, telephone number, e-mail address and IP address. The personal data will be handled solely to enable Heartpace to provide the Service. The Customer must also instruct Heartpace as to how Heartpace is to handle the personal data.
Through usage, the parties enter into a Personal Data Assistant Agreement, wherein Heartpace is Personal Data Assistant and the Customer is Responsible Party for Personal Data.
Disputes arising out of the Service or this agreement shall be settled by the Stockholm District Court as an exclusive forum in the first instance. The contractual terms shall be interpreted and applied in accordance with Swedish law.