Terms of Service

eMarketeer AB

Version 2.0 – Effective Date: March 30, 2025

These general conditions regulate the relation between eMarketeer AB (org. nr 556631- 4497) and the Customer and constitute an integrated part of the agreement reached between the parties with respect to the software concept eMarketeer (“Agreement”). The Agreement is effective from the date of acceptance. Acceptance is deemed to take place when the Customer starts using the Service or by the Customer entering a paid subscription of the Service by signing the Agreement.

1. eMarketeer AB

eMarketeer AB hereafter called “eMarketeer” is a leading provider of tools for Marketing automation and Lead management. Our business idea revolves around facilitating seamless alignment between sales and marketing efforts within B2B enterprises. Through a Software as a Service (SaaS) platform, we aim to bridge the gap between sales and marketing teams, ensuring a collaborative and integrated approach to streamline your marketing and lead management. This solution focuses on enhancing communication, optimizing lead distribution processes, and providing tools that enable both departments to work harmoniously towards common goals. By fostering strong sales and marketing alignment, our platform aims to empower B2B enterprises to drive more effective lead generation, accelerate sales cycles, and ultimately achieve greater success in the dynamic business environment.

2. eMarketeer The Service

In the terms of service set out in this agreement with appendices (the ‘agreement’), eMarketeer offers the Customer a Software as a Service (SaaS), hereafter called “The Service”. Marketing automation and Lead management tools to make efficient marketing campaigns, customer journeys, and the ability to automate the distribution of qualified leads to the sales team. eMarketeer is responsible for hosting, support and maintenance (HSM) of the Service.

Hosting

The operating environment of the Service provided by eMarketeer is being hosted by Amazon Web Services (AWS). AWS handles hosting in a manner certified by external parties, including FBI’s Criminal Justice Information Service, Cloud Security Alliance, Cyber Essentials Plus, The Department of Defence (DoD) Cloud Security Model (SRG), Federal Risk and Authorization Management Program, The Family Educational Rights and Privacy Act (FERPA), The Federal Information Processing Standard (FIPS) Publication 140-2, ISO 9001. AWS maintains certification with robust security standards, such as ISO 27001, SOC 1/2/3 and PCI DSS Level 1. Their commitment to providing a secure hosting covers physical access to used hardware as well as handling catastrophic events like power outage and internet outage.
More details on all aspect of our hosting can be found here: AWS Risk and Compliance 
Storage of customer data
Data is stored within EU.
Backup and restore.
The database is backed up daily, and old backups are kept for 30 days. This backup is intended to be used to restore services in case of a catastrophic event, e.g. server crash.
More details about security and data protection can be found in eMarketeer Information Security Policy.

3.Definitions

“The Service” means the Marketing Automation and Lead Management, Software as a Service (SaaS) ordered by the Customer.

“Quote” refers to the document presenting the Agreement, which includes the Data Processing Agreement. It outlines the Service, pricing, implementation, onboarding, and associated costs related to the initial number of Contacts, number of Users, add-on Features, Billing interval, among other details. The Quote, which incorporates the Agreement, is digitally signed by an individual authorized to represent the Customer when ordering the Service.

“Agreement date” is the date the Customer sign the Agreement. The Customer is from this date a customer and will be able to access the Service.

“Contract period” is the current Contract period you are in.

“Customer Data” shall in this Agreement be defined as all data that the Customer stores on the Service.

“Billing Interval” is the payment period specified in the Quote or when agreed changed, in writing, at later date. Billing interval can be monthly, every 3 month, every 6 month or annually.

“Users” a user license is required to access and use the Service. This means that each user must have a valid license to legally use the software under the terms set by this agreement. The license must be personal and cannot be generic or shared among multiple users. Each user is responsible for ensuring that their credentials are kept secure and not disclosed to unauthorized individuals.

“Contacts” The contacts in your contact database are the ones you are allowed to market to and communicate with. This means that only these contacts, who have been collected in compliance with relevant regulations, such as GDPR (General Data Protection Regulation), can receive promotional messages, updates, or other forms of communication from you.

Consent & Compliance

• Explicit Consent – Under GDPR and other privacy regulations, individuals must have actively opted in to receive marketing communications.
• Legitimate Interest – In some cases, communication may be allowed if there is a legitimate business interest, but this must be carefully assessed and documented.
• Opt-Out & Data Rights – Contacts must always have the ability to unsubscribe or manage their communication preferences, and their data should be handled securely and transparently.

Utilizing engagement tracking and scoring can enhance the effectiveness of your marketing initiatives while ensuring
compliance with privacy regulations.

“Add-On Feature” An add-on feature is an optional extension or enhancement to The Service that provides additional functionality beyond the core offering. Add-ons allow customers to customize their experience by integrating extra tools, features, CRM integration, or services based on their specific needs. Some add-ons require an additional purchase or subscription.

4. Support and training

4.1

eMarketeer provides support via e-mail and chat included in the Service. Telephone support is a paid add-on service. Support is available Monday-Friday 09.00 to 16.30 CET, excluded Swedish public holidays, and 09.00 to noon CET on the day before holiday. The support is available to registered users.
The following topics are covered by support obligations:
• Advise in administration of the Service.
• Diagnosis of problems or performance deficiencies of the Service.
• Resolution of the problem or performance deficiencies of the Service.
The following topics are not covered by support obligations:
• Production of activities in the Service.
• Use of other applications that are integrated to the Service.

Training for users of the Service is provided by video and manuals online. eMarketeer provides additional training and consultation services in accordance with the current price list

If eMarketeer deems that the need for support for customer cannot be met in an acceptable and practical manner, eMarketeer will offer consultancy services in accordance with current price list.

5. Scope of Service

5.1

eMarketeer shall provide the Service in accordance with the agreement including any supplemental agreements.

6. Rights of customer

6.1

By signing this agreement, the Customer gives his or her full consent to receive communication from eMarketeer in forms of email, SMSs and/or phone. The Customer has ‘the right to be forgotten’ and can withdraw the consent at any time by contacting eMarketeer.

6.2

The Customer is hereby granted a non-exclusive, non-transferable right to use the Service in accordance with the agreement.

6.3

The usage of the Service by the staff of the customer requires personal registration and log-in. In connection with the registration of each user, each user shall accept and approve an undertaking in accordance with the main agreement (End User License Agreement).

6.4

The Customer is fully responsible for the staff that is offered access to the service.

6.5

eMarketeer owns or holds through the license all rights to the Service and any new versions thereof.

6.6

The Customer shall not make or permit sale transfer or service bureau use of the Service or the making of any modifications, additions or enhancements to the Service, or cause or permit the reverse engineering, disassembly, or de-compilation thereof. Copyright and all other rights concerning modifications of the service shall inure to eMarketeer without any separate compensation.

7. System requirements and access to the Internet

7.1

Access to the Service is obtained over the Internet from the computer equipment of the customer. Customer shall at its own cost and expense maintain updated web browser software and Internet connection to use the Service. Recommended system requirements can be obtained from eMarketeer.

8. Updates and new functionality

8.1

eMarketeer carries out the ongoing development of the Service and the Service will be upgraded with new functionality from time to time. eMarketeer has the right to upgrade the Service without notice, provided that the modified functionality does not diminish performance or accessibility. General modifications are provided as part of eMarketeer hereunder. Major upgrades are made available as soon as general availability is at hand.

8.2

The Customer has the option to enhance the Service with additional functions from eMarketeer. Once delivered to the customer, such functions are thereafter included to the Service.

9. Service availability and maintenance

9.1 General Availability

eMarketeer shall use reasonable efforts to ensure that the Service is available over the Internet without interruptions. Errors under the Service control shall be corrected by eMarketeer. Customer reports deviations in the functionality of the Service in the eMarketeer designated system. eMarketeer shall always be allowed to rectify errors within a reasonable timeframe before a breach of contract is at hand

9.2 Maintenance and Scheduled Downtime

Maintenance and Scheduled Downtime
eMarketeer shall have the right to take actions that affect the availability of the Service provided that such an effect is justified from a technical or security perspective. eMarketeer informs the customer in advance of any scheduled maintenance on eMarketeer Status page.

9.3 Service Level Agreement (SLA)

9.3.1 Uptime Commitment

eMarketeer guarantees 99.8% uptime for its services, measured on a monthly basis.

Monthly Availability Calculation:
Uptime Percentage = (Total minutes in a month – Unavailability minutes) ÷ Total minutes in a month × 100.
Service unavailability is defined as a period when customers cannot access the Service as intended,
provided they have the appropriate permissions.

Exceptions: Unavailability does not include:

• • Scheduled maintenance with 48 hours’ notice.
  • Issues caused by Customer equipment, software, or Internet connection failures.
  • Third-party service provider failures (e.g., hosting provider outages).

If the Service falls below 99.8% availability due to a failure within eMarketeer’s control, Customers may request compensation as outlined in Section 9.3.2.

9.3.2 Compensation for Downtime

If the monthly uptime falls below 99.8%, Customers are eligible for account credit based on the
following tiers:

Monthly Uptime %	Compensation
99.5% – 99.79%	5% credit of monthly subscription fee
99.0% – 99.49%	10% credit of monthly subscription fee
98.0% – 98.99%	20% credit of monthly subscription fee
Below 98.0%	30% credit of monthly subscription fee

Compensation applies only if a Customer submits a claim within 5 working days of the incident, as outlined in Section 9.3.3.

• Compensation cannot exceed one month’s subscription fee per incident
• Compensation cannot be exchanged for cash refunds.

9.3.3 Claiming Compensation

To be eligible for compensation under the SLA, Customers must:

• Notify eMarketeer Support within 5 working days of an incident.
• Submit a support request including:
  • • A detailed incident description.
    • The number of affected users and their locations.
    • Steps the Customer has taken to resolve the issue.

The calculation of unavailability starts once eMarketeer is notified or becomes aware of the incident. eMarketeer will use its best efforts to process compensation claims within 30 days.

9.3.4 Limitation of Liability

eMarketeer is not liable for indirect damage caused by downtime, including loss of profits, revenue, or business opportunities.

10. Personal data processing

10.1

eMarketeer will process personal data on behalf of the Customer for the purposes outlined in this agreement. The parties will automatically enter into a separate Data Processing Agreement (DPA) incorporating the Standard Contractual Clauses (SCC), where the Customer acts as the Controller and eMarketeer as the Processor. The SCC is available on our website at eMarketeer Standard Contractual Clauses (SCC), and by entering into this agreement, the parties agree to the SCC without requiring a separate signature. Any updates to the SCC will be published on the same webpage.
The Customer owns the rights to its data as data controller, and eMarketeer acts as a data processor on the Customer’s behalf. All processing by eMarketeer of the personal data and other data provided by the Customer shall be in accordance with the applicable laws. eMarketeer ’s processing of personal data on behalf of the Customer shall therefore only be done in order to provide the service and shall be subject to the Customer’s written instructions.
eMarketeer shall comply with the relevant provisions regarding data privacy and information security of EU Regulation 2016/679 (the General Data Protection Regulation) on the protection of individuals regarding the processing of personal data.

10.2

As eMarketeer is a data processor and the Customer is a data controller, the parties’ obligations regarding the processing of personal data is regulated in the Data Processing Agreement, Standard Contractual Clauses (SCC)

10.3

The Customer is obligated to keep user logins and passwords to the Service secret from any unauthorized users or third parties. The Service support Multi-Factor Authentication (MFA) an additional layer of security. MFA requires the user to provide two or more verification factors to gain access to the Service. As a user, you can enable MFA for your personal login. Admin User can enforce MFA on all users of the account.

10.4

The Customer is obligated to ensure that the personal data provided by the Customer and used in the Product is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer’s data provided in the Service, including personal data, do not violate any third-party intellectual property rights and/or any applicable legislation. eMarketeer is entitled to delete any data that in the sole discretion of eMarketeer constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.

10.5 Data Retention and Deletion Policy

10.5.1 Customer Data Retention

by law. Customers may request early deletion of their data before the 30-day period. After 30 days, all Customer data will be permanently deleted from eMarketeer’s active systems and backups

10.5.2 Backup Retention

eMarketeer retains system backups for up to 90 days for security and compliance purposes.
Backup data is stored in an encrypted state and is automatically purged after 90 days

10.5.3 Right to Data Deletion

Customers may request immediate deletion of their personal data in accordance with GDPR (Article 17). To request data deletion, the Customer must submit a written request to eMarketeer Support.

10.5.4 Exceptions

If eMarketeer is legally required to retain certain data (e.g., for tax or legal reasons), it will be stored for the minimum period required by law.

10.5.5 Data Breach Notification

In the event of a confirmed security breach involving personal data, eMarketeer will notify affected Customers as early as possible, but no later than 72 hours after detection, in accordance with GDPR Article 33. The notification will include details of the breach, potential impact, and mitigation actions.

11. Liability

11.1

eMarketeer is not liable for any data provided by the Customer in the Service.

11.2

With the limitations pursuant to this agreement, eMarketeer is liable for direct damages due to wilful misconduct or gross negligence by eMarketeer.

11.3

With the limitations pursuant to this agreement, eMarketeer is only liable for indirect damages due to wilful misconduct or gross negligence by eMarketeer.

11.4

eMarketeer’s obligation to pay damages in the case of breach of contract is, in the absence of intent or gross negligence by eMarketeer, limited to one contract period. From the point in time when the breach of contract was claimed.

11.5

eMarketeer hereby warrants that eMarketeer does not infringe upon any right held by a third party. Customer shall without delay and in writing notify eMarketeer of claims presented by third parties concerning infringements of copyright or other intellectual property right on account of the customer’s use of the service.

11.6

In the event that a third party presents claims purely on account of the customer’s use of the service, the customer shall keep eMarketeer indemnified from such claims.

12. Indemnification and third-party claims

12.1 Customer’s Responsibility for Indemnification

Customer’s Responsibility for Indemnification
The Customer agrees to indemnify, defend, and hold harmless eMarketeer, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

12.1.1 Customer’s Use of the Service

Any unlawful, improper, or unauthorized use of the Service by the Customer or its Users.
Any violation of applicable laws or regulations, including but not limited to GDPR, anti-spam laws, and intellectual property laws, caused by the Customer’s actions.
Any third-party claims related to the Customer’s content, marketing practices, or data processing.

12.1.2 Customer’s Breach of Agreement

Failure to comply with the terms of service, data protection obligations, or any contractual terms.

12.2 Limitations and Exclusions

The Customer shall NOT be required to indemnify eMarketeer for any claims, damages, or liabilities resulting from:

12.2.1 eMarketeer’s Negligence or Misconduct

Any damages, losses, or liabilities arising due to eMarketeer’s negligence, security failures, or willful misconduct

12.2.2 Service or Software Issues

Any claims or disputes related to software vulnerabilities, data breaches, or service failures caused by eMarketeer’s own systems or infrastructure.

12.2.3 Third-Party Provider Failures

Any failures originating from third-party service providers (e.g., AWS hosting) that are beyond the Customer’s control

12.2.4 Service Interruptions

Any claims related to downtime, defects, or unavailability of the Service, except were caused by the Customer.

12.3 Notification and defense

12.3.1

In the event of a third-party claim against eMarketeer, the Customer must be promptly notified and given the opportunity to participate in the defense, provided the claim arises due to the Customer’s actions

12.3.2

eMarketeer agrees to defend itself against third-party claims where the liability falls under its own responsibilities, as outlined in Section 11.2 above.

13. Sub-consultants and third-party products

13.1

eMarketeer is entitled to freely appoint sub-consultants. eMarketeer is responsible for work performed by the sub-consultant, however not for any errors or defects caused by third-party software.

13.2

eMarketeer shall not be liable for defects in the equipment for Internet access of the Customer.

14. Secrecy

14.1

All business information disclosed by one party to the other in connection with this agreement, shall be treated as confidential information unless such information is part, or later becomes part, of the public domain through no fault of the other party or it was later obtained by the other party from independent sources free from any duty of confidentiality. Each party’s confidential information shall be held in strict confidence by the other party, both for the duration of this agreement and thereafter, exercising the same standard of care as it uses to protect its own confidential information, and shall not be used or disclosed by the other party for any purpose except as necessary to implement or perform this agreement, or except as required by law.

14.2

eMarketeer undertakes to ensure that its staff has signed the confidentiality agreement (compliant with GDPR) in relation to the information of the customer included in the Service.

14.3

The Customer is responsible for ensuring that usernames and passwords are guarded safely, are used only by the intended users, and do not come into the hands of any unauthorized users. Furthermore, the Customer is responsible for any unauthorized use of the Service through its equipment or systems.

15. Protecting and handling personal information

15.1

The Customer is using both manual and automatic processing of personal data that exists in eMarketeer. The processing of personal data is regulated by privacy laws and the customer is responsible for the correct management of such data in accordance with current local as well as international legislation. eMarketeer will never share personal data with any third party in other circumstances than what will be needed to comply with the agreement.

15.2

eMarketeer reserves the right to review, process and store the personal data and customer information that the customer stores in the Service otherwise eMarketeer has no right to use the customer information beyond what is necessary to comply with the agreement.

15.3

To prevent unauthorized access and/or use of the Service, eMarketeer uses secure login via HTTPS (Hypertext Transfer Protocol Secure), a protocol for encrypted transport of data via the HTTP protocol as well as personal user credentials and acceptance of end user license agreement for all users.

16. Fees and payment

16.1

Customer shall pay fees and expenses in accordance with the agreement. All amounts are exclusive of VAT and other taxes and duties.

16.2

Subscriptions fee is the amount charged for use of the Service according to the billing Interval.
Subscription fee for the current contract period is paid in advance. Subscription fee can be paid monthly, every 3 month, every 6 month or annually. Additional services offered by eMarketeer, such as consulting, and customer customization fees is referred to as Charges and shall be invoiced after the relevant service has been performed and at the agreed prices. SMS text messages are charged monthly based on the volume sent in accordance with eMarketer’s official price list.

16.3

The customer can extend the agreement at any time by upgrading the number of contacts in the database, the number of users and additional functionality (add-ons). The order must be in writing and issued by a person authorized to represent the customer. The order is binding for the customer when it is issued and becomes part of the agreement when eMarketeer confirms the order.
The customer can reduce the number of contacts in the database, the number of users and additional functionality (add-ons) for the Service. The reduction of the number of contacts in the database, the number of users and additional functionality (add-ons) covered by this agreement must be done in writing. Reduction will take effect from the end of the current contract period, provided written notice of such reduction is sent and received at least 1-month before the end of the current contract period.
If notice of reduction is not issued in accordance with this provision, the subscription fee will not be reduced until the next contract period during which the 1-months’ notice condition has been met. Downgrading a payment plan to a payment plan with less functionality may result in the loss of content, features, or capacity of the Service available to the customer under the customer’s account, and eMarketeer assumes no responsibility for such loss

16.4

Billing intervals can be monthly, every 3 month, every 6 month or annually. The Customer is billed for the Service in accordance with the payment plan for the period from the order being confirmed by eMarketeer to the end of the current billing Interval. For future billing intervals, additional contacts, users, and additional functionality (add-ons) will be included in the subscription fee.
The agreement per billing interval will be billed in advance. The invoice covers the period in accordance with the agreed billing interval. The first Invoicing interval shall be calculated with effect from the end of the month following the agreement date. The customer has the right to change the billing interval. The change applies from the next billing interval. Price and subscription fee are corrected in accordance with eMarketeer’s official price list.

16.5

Payment shall be made thirty (30) days from the day of invoice. eMarketeer may apply a late charge on overdue invoices at a rate allowed by applicable law, whichever is less, from the day after the due date until the outstanding invoice has been paid in full. Card payment is paid in advance.

17. Term and termination

17.1

This agreement is valid once the Customer has agreed to the terms of the agreement or started using the Service. The agreement shall remain valid during the whole contract period and as long as the parties have obligations concerning personal data processing activities towards one another.

17.2

Contract period, the first contract period is 12 months. Thereafter the contract is automatically renewed with subsequent periods of 12 months. The notice period for cancelling the contract is 30 days before the end of each contract period.

17.3

Each party is entitled to rescind the agreement in the event that the other party is in material breach thereof and does not rectify the breach within thirty days from obtaining written notice thereof. Each party is entitled to rescind the agreement in the event that the other party is declared bankrupt, enters into composition proceedings or liquidation or can in order ways be assumed to be insolvent.
eMarketeer shall have the right to terminate the Customer’s account to access the Service with immediate effect if the customer uses the service:

• In a way that constitutes a criminal act or contrary to applicable law (especially personal data protection legislation and anti-spamming legislation);
• In a way that constitutes a risk of damage to eMarketeer or a third party;
• In a way that constitutes a breach of eMarketeer safety instructions;
• In the case of non-payment of fees or costs pursuant to the agreement.

18. Consequences of termination

18.1

Upon termination of the agreement, it is customer’s responsibility to copy and save previously stored information. eMarketeer is responsible

19. Relief

19.1

A party (including its sub-contractors) is relieved from liability beyond their control and the circumstance prevents or makes substantially more difficult the timely performance of such obligation.

19.2

If a party wishes to claim relief pursuant to the above provisions, then he shall without
unreasonable delay inform the other party thereof in order to be able to invoke such a claim.

19.3

Notwithstanding the above (with regard to relief from liability), a party may under the stated
circumstances rescind the agreement if the other party’s performance of a certain obligation has been delayed by more than three months.

20. Assignment

20.1

Customer may not in wholly or partly assign its rights and/or obligations under this agreement to any third party without the prior written approval of eMarketeer.

21. Changes to terms of service

21.1

eMarketeer reserves the right to make changes to the terms and conditions of this Agreement with 1-month prior notice. If changes are governed in a clause of this Agreement, the stated prior notice applies. All Customers will be informed of such changes by email or through the information being made available on eMarketeer`s website, in The Service or support site

21.2

Notwithstanding the above, eMarketeer shall always have the right to with immediate effect carry out changes (including price) that are caused by acts or omissions of authorities or new or amended legislation.

22. Intellectual property and data ownership

22.1

eMarketeer warrants that eMarketeer is the sole owner and holder of all the Intellectual Property Rights required for the delivery of the Service to its Customers. eMarketeer warrants that the eMarketeer software will always comply with applicable laws and regulations such as laws pertaining to competition, taxation, corruption and accounting and that eMarketeer has all required regulatory licenses, permits and authorizations to provide the Service.

22.2

Customer shall own the Customer Data. eMarketeer shall not acquire any right, title, or interest to the Customer Data and eMarketeer shall not use the Customer Data for any other purpose than as strictly needed to provide the SaaS services in accordance with this Agreement.

23. Customer and user communication

The Customer is obligated to provide eMarketeer with contact details, including full name, email and mobile phone, on primary contacts responsible for system administration, security and agreements. eMarketeer will store contact details on all users of the service. See clause 10 in this agreement, the eMarketeer Privacy Policy and the Data Processing Agreement for further details.
All changes in the Customer’s contact information, including address changes and changes of the Customer’s contact person with the authority to commit the Customer, shall be communicated in writing to eMarketeer. The Customer undertakes to always provide correct information regarding the User’s identity and a correct and legitimate e-mail address. The Customer agrees that eMarketeer from time to time may send the Customer and Users relevant and/or important information about the Service, unless the Customer specifically asks not to receive such information. Note that because this Service is a centralized online software service, it may be necessary from time to time to send all Customers and Users important information or notifications related to the operation of the Service. Such notifications can be sent to all users, regardless of their subscription’s preferences and consents.

24. Disputes and governing law

24.1

Dispute resolution and mediation.
Before proceeding with arbitration, the parties agree to engage in good-faith mediation. If no resolution is reached within 30 days, arbitration may be initiated.

24.2

Any dispute arising out of or in connection with this agreement shall be finally settled by
arbitration in accordance with the provisions of the Swedish Arbitration Act (SFS 1999:116).

24.3

The arbitration proceedings shall be conducted in English and take place in Stockholm

24.4

This agreement shall be construed in accordance with and be governed by the laws of Sweden.