End User License Agreement (EULA)

eMarketeer AB

Version 3.0 – Effective Date: March 30, 2025

1. Introduction

This End User License Agreement (“Agreement”) is a legal contract between you (“User” or “Customer”) and eMarketeer AB (org. nr 556631-4497) (“eMarketeer,” “we,” “us,” or “our”) regarding your use of the eMarketeer software-as-a-service platform and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by the terms of this Agreement. If you do not agree, do not use the Service.

2. Definitions

“Service”: The marketing automation and lead management tools provided by eMarketeer as a software-as-a-service (SaaS) platform.
“Customer Data”: All data that the Customer stores on the Service.
“Users”: Individuals authorized by the Customer to use the Service.

3. License Grant

eMarketeer grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Service in accordance with this Agreement.

4. Acceptable Use

You agree to use the Service in compliance with our Acceptable Use Policy. Prohibited activities include, but are not limited to:

Sending unsolicited communications or spam.
Misrepresenting your identity or impersonating others.
Collecting personal data without consent.
Disrupting the integrity or performance of the Service.
Engaging in illegal or harmful activities.

Violations may result in suspension or termination of your account.

5. User Responsibilities

Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Data Compliance: You must ensure that all Customer Data complies with applicable laws and regulations, including data protection and privacy laws.
Third-Party Integrations: If you use third-party services in conjunction with the Service, you are responsible for complying with their terms and conditions.

6. Data Protection and Privacy

Our handling of personal data is governed by our Privacy Policy. Key points include:

Data Processing: We process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable laws.
Confidentiality: We implement measures to protect the confidentiality and integrity of Customer Data.
Data Access: Only authorized personnel have access to Customer Data, based on the principle of least privilege.

7. Fees and Payment

Subscription Fees: Fees are outlined in the agreement and are exclusive of VAT and other taxes.
Payment Terms: Payments are due within the timeframe specified in the invoice. Late payments may incur interest charges as permitted by law.
Additional Services: Fees for additional services, such as consulting, will be invoiced separately.

8. Term and Termination

Term: This Agreement remains in effect until terminated by either party.
Termination by Customer: You may terminate the Agreement by providing written notice to eMarketeer.
Termination by eMarketeer: We may terminate or suspend your access to the Service immediately if you breach this Agreement.
Effect of Termination: Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Intellectual Property

Ownership: eMarketeer retains all rights, title, and interest in and to the Service, including all intellectual property rights.
Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, except as laws prohibit those restrictions.

10. Disclaimers and Limitation of Liability

As-Is Basis: The Service is provided on an “as-is” and “as-available” basis. eMarketeer makes no warranties, expressed or implied, regarding the Service.
Limitation of Liability: To the fullest extent permitted by law, eMarketeer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

11. Modifications to the Service and Agreement

eMarketeer reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice. We may also update this Agreement from time to time. Continued use of the Service after any such changes shall constitute your consent to such changes.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles.

13. Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through amicable negotiations. If the parties cannot resolve the dispute, it shall be submitted to the exclusive jurisdiction of the courts of Sweden.

14. Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between you and eMarketeer regarding the use of the Service.
Severability: If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

15. Contact Information

If you have any questions about this Agreement, please contact us at:

Email: info@emarketeer.com
Phone: (+46) 8-764 46 00
Address: eMarketeer AB, Stora Frösunda 3, 169 75 Solna

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