Terms of Use | Prouder

1. Introduction

By using, registering on or otherwise interacting with the Platform, which is owned and provided by Prouder AB, registered in Sweden with corporate registration number 559450-4887, the User accepts the at any time applicable terms of use (“Terms of Use”). The User is therefore advised to read these Terms of Use carefully and make sure that the User understands them before using the Platform.

The Terms of Use govern, among other things, the User's rights and obligations as well as the rules that apply when the User uses the Platform.

Any references to “we”, “our” or “us” refer to Prouder AB.

The User and Prouder AB are collectively referred to below as “Parties” and individually as “Party”.

User's commitments: By using the Platform, the User confirms that the User has read, understood and undertakes to comply with the Terms of Use at any time, as well as any other terms, regulations and instructions that we provide from time to time. When using the Platform, the User is also obliged to comply with applicable laws, rules and government decisions at any time. If the User does not accept the terms, the User is not entitled to use the Platform.

Age requirements: In order to access and use the Platform, the User must be at least 16 years old. By accepting these Terms of Use, the User confirms that this age requirement is met.

Duration of the contract: The Terms of Use are valid until they are replaced by new terms or the User's User Account is terminated. Upon termination of the agreement, for whatever reason, the User's right to use the Service ceases.

2. Definitions

In addition to the terms defined in running text in these Terms of Use, the following definitions shall have the following meaning when entered in capital letters as initial letters, whether used in plural or singular, in definite or indeterminate form:

Application: refers to the application "Prouder" for iOS and Android.

Events: refers to an event registered in the Application and organized by the Organizer.

GDPR: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Organizer: refers to the organization, trader, association, legal or natural person that arranges and is responsible for an Event. The Event is administered through the Web App and registered in the Application.

Participant: refers to a User as a natural person using the Application for personal use (non-commercial purposes) who has participated in Events.

Platform: refers to the Web App and/or Application.

Services: refers to the services provided by us and may also include the Platform. Third Party Services are expressly excluded.

Third Party: means other than Prouder AB or the User (including any individuals using the Platform on behalf of the User).

Third Party Services: refers to Third Party services, products, systems, information, websites, software, networks, databases and platforms to which the Platform and/or the Website links, or which the User connects to, or enables integration with, when the User uses the Platform or Website.

User Account: refers to the User's user account to the Platform.

User: ****refers to a natural or legal person using the Platform.

Web App: refers to the web application “Prouder” for web browsers, used by the Organizer or individuals using the web application on behalf of the Organizer (for example, the Organizer's employees), to administer the Organizer's Events.

Website: refers to prouder.se including any subdomains.

3. Platform

Description:

Digital medals: A prerequisite for Participants to access digital medals is that a) the Participant of the Event is a registered User of the Application, and b) the Organizer has completed the payment to us for the digital medals. In the event of the Organizer's delay in payment to us, we reserve the right, among other things, to revoke or otherwise conceal the publication of the digital medals related to the outstanding payment.

Compatibility: The User is responsible for possessing the technical equipment (such as a computer, tablet or smartphone), software and internet connection required for the use of the Platform.

Data traffic: Standard rates may apply for data traffic when using the Platform, as features require the Platform to have an active connection to the internet. When using the Platform, the User accepts its responsibility for payment for any such charges from the User's mobile operator and/or Third Party (e.g. data roaming charges, Wi-Fi, etc.).

Our communication with the User: We may communicate with the User via email, letter, SMS and/or notification via the Platform (requires logged-in mode). Our communication with the User regarding the Platform and/or the User Account cannot be opted out, as this is considered to be part of the Service that we provide and is necessary for support matters.

Cookies: Information about how the Website and Platform uses cookies can be found in the cookie notice published on the Website.

4. User Account

Participants: A User as Participant creates their User Account by logging into the Application by at any time available login modes.

Organizer: We register the Organizer's administrator account to the Web App. Thereafter, the Organizer may register User Accounts to authorised individuals who will use the Web App on behalf of the Organizer. The Organizer may request that we also carry out these registrations and such additional service is then governed by the Service Agreement entered into between us and the Organizer.

Prohibition: The User Account may only be used by the User who is registered in the User Account. This means that the User may not transfer or assign his or her User Account to anyone else. ****We are not responsible for any other person's misuse of the User Account, nor for damages or other consequences due to such abuse. Any activity carried out through the User Account is considered to be authorised activity by the User.

Login details: The User shall manage his/her login details to the User Account with confidentiality. If the User detects or suspects an infringement of his User Account, the User shall immediately take the necessary action.

Contact information: The contact details that the User registers in the Platform shall be accurate, up-to-date and updated within the entire duration of the agreement.

Delete User Account: If the User wishes to delete their User Account, the User can do so through the settings in the Platform.

Our right to terminate a User Account: We have the right, but not the obligation, to terminate a User Account in the following situations:

If the User has not logged into the Platform for a continuous period of two (2) years. The termination of the User Account pursuant to this paragraph may be effected with or without prior notice thereof.
We may also terminate a User Account after sending written notice by email to the User, subject to a three (3) months notice period.
In situations where we discover or suspect that the User is abusing the Platform or in any way violates the Terms of Use or applicable law. In these cases, we have the right to immediately terminate the User Account, with or without notice, including the termination of any other agreement entered into between us and the User. If a User Account is terminated under this paragraph, the User may only create a new User Account after receiving our prior written consent. The User is not entitled to damages or other compensation from us due to our decision to close a User Account.

When the User Account is terminated, all data associated with the User Account will be deleted, but deleted information may be stored in backup files up to one (1) month before being permanently deleted. The purpose of this extended retention period is to be able to investigate and counter any potential fraud or other misuse, and to enable the User, who has chosen to terminate their User account, to reverse such termination.

5. Responsibility of the User

The User is responsible for the following aspects of its use of the Platform:

How the User interacts with and uses the Platform, including the consequences that this may entail.
All actions of the User, including both active decisions and any failure to act.
The content, accuracy and consequences of any material or information that the User records, uploads or otherwise transmits through the Platform, whether directed to us, Organizer, Participant or any other Third Party.
The User's choice to click on or interact with Third Party Services, external websites, platforms or features, as well as the potential risks and consequences that may arise therefrom.
How the User interprets and acts on the basis of information or communications from Organizer or other Third Parties within the Platform, in particular regarding Events or other happenings.
Any information, resources or services that the User may come into contact with through external links within the Platform, including the User's ability to distinguish between verified and non-verified information.

Please note that although we provide the Platform, the ultimate responsibility for its use always rests with the User.

User's warranties and obligations: As a User of the Platform, the User warrants and undertakes to:

Use the Platform in a manner that does not cause harm, inconvenience or negative consequences to us, other Users, or any Third Party, whether it is a natural or legal person.
Comply with the Terms of Use in their entirety and do not use the Platform in a way that violates them.
Use the Platform only for its intended purpose.
Protect all information obtained from the Platform and to not misuse, sell, share or otherwise misuse such information.
Respect and not attempt to circumvent or neutralise the Platform's technical protection measures.
Refrain from attempting to compromise, hack, infect or otherwise damage the Platform with malware, viruses or the like.
Ensure that all content that the User contributes, disseminates or otherwise makes available on the Platform is legal, accurate and free from threats, violations, illegal expressions, and no elements that can be considered racist, sexist, homophobic, hateful or pornographic.
Not introduce, disseminate or encourage criminal behaviour, illegal activities or any form of harmful practices through or within the framework of the Platform.

The User understands that any violation of the above points may result in immediate suspension from the Platform and possible legal action. We reserve the right to report criminal activity to the police.

Event information: While we ensure that all Events presented on the Platform comply with the guidelines, rules and instructions we set, we cannot guarantee its accuracy, availability, reliability or content. Our responsibility is limited to verifying that the Event information is complete and correctly completed according to our specified criteria. Since we do not have direct control over the content or performance of the Event, it is the User's responsibility to contact the Organizer directly in case of questions, doubts or need for clarification regarding specific Events. We encourage all Users to be proactive and informed when it comes to participating in or engaging in any Events registered on our Platform.

External links and Third Party Services: Within the Website and/or Platform, the User may encounter links that route the User to external websites, platforms or services that are not operated or monitored by us (“External Links”). Although these links may exist for the convenience of the User, they do not represent any form of endorsement or recommendation of the content or service they provide. We are not responsible for the content or security of such External Links or Third Party Services. Furthermore, we are not responsible for how these external actors, including but not limited to Organizers or other Third Parties, process the User's personal data. Before the User engages with these external websites or services, we recommend that the User carefully review their terms of use, privacy policies and other guidelines. It is important to understand how the User's data may be used by these Third Parties. The User is responsible for protecting his or her privacy and we have hereby informed the User that our Privacy Policy and our Terms and conditions do not apply when the User navigates away from our Platform.

6. Processing of personal data

We process personal data in accordance with GDPR and are data controllers for our processing of personal data, insofar as we determine the means and purposes of the processing. Information about our processing of personal data can be found in our privacy notice published both on the Website and within the Platform.

The Organizer is an independent data controller for its processing of other Users' personal data, such as personal data belonging to Participants of the Organizer's Events. Such processing is subject to the Organizer's personal data policy and processing. The Organizer is responsible for ensuring that its processing of personal data is carried out in accordance with the GDPR and for informing the data subjects of its processing of their personal data in accordance with applicable law.

7. Support and maintenance, etc.

Accessibility: We are responsible for technical support and maintenance of the Platform, and strive for the Platform to be available for use 24 hours a day throughout the year. However, there may be technical complications and disturbances.

Limited access: We have the right to take measures affecting the availability of the Platform, if required for technical, maintenance, operational or safety reasons, without having to inform you when such interruptions may occur. The User is not entitled to any compensation from us for lack of access to the Platform due to such interruptions and/or planned maintenance.

Updates: The Platform is updated continuously and the User must always use the latest version. The current Terms of Use also apply to updates to the Platform.

Fault report: We make no guarantee whatsoever that the Platform will be free from interference or other technical complications. Any complaints or similar complaints regarding the Platform may be communicated directly to us by sending a message to the following email: [email protected]. We will, to the best of our ability and within a reasonable time, try to remedy any errors or defects, to the extent possible. The User is not entitled to invoke any remedy other than rectification and has no right to compensation, damages, or any other form of reimbursement due to errors or deficiencies, downtime, or interruptions in the Platform (unless otherwise provided by applicable mandatory law).

8. Our rights

Feedback: The User's opinion is valuable to us, and we encourage the User to share feedback, suggestions or recommendations relating to our Services, including the Website and the Platform (“Feedback”). When the User communicates its Feedback to us, the User is responsible for ensuring that the:

User has the rightful authority to express and share this Feedback;
Feedback does not violate anyone's rights; and
Feedback does not include confidential or protected information, whether such information belongs to the User, us, or a Third Party.

By providing Feedback to us, the User grants us the right to freely use, modify, redistribute and base our work on the information received. This includes all rights associated with the conveyed Feedback, and the User does so without expectations or claims for compensation. Should there be rights that are not legally transferable to us, the User grants us a worldwide, royalty-free, irrevocable and perpetual license to use, modify and create works based on the User's Feedback, without any financial commitment to the User. Furthermore, the User undertakes to assist and facilitate all steps that may be necessary to secure these rights.

Anonymisation and use of data: We have the right to anonymise all data generated in connection with the User's use of the Platform. This anonymisation process removes all personally identifiable data, making it impossible to link the data directly to the User as an individual. This anonymised data is valuable to us, as it helps us better understand user behaviour, identify patterns and trends, and improve user experience. Therefore, we reserve the right, without limitation, to store, analyse, use and share this information. This collection and analysis also enable us to proactively further develop and improve our Services, the Platform and its features, all to create a better experience for the Users.

Logging and data use: In order to ensure a reliable and safe use of the Platform, we conduct logging of its use. The purpose of this logging ranges from technical aspects, such as troubleshooting and system optimisation, to security considerations, including investigation of potential abuse and prevention of unauthorised intrusions.

Furthermore, we analyse User data to understand how the Platform is used, which in turn helps us make improvements and adaptations based on Users' needs and behaviors.

There are also times when we may need to share certain log information with authorities, either to comply with legal requirements or in connection with a specific investigation. In these situations, our commitment to protecting the User's privacy remains central. Therefore, where possible and appropriate, we will exclude or anonymise non-essential personal data before such sharing takes place, so that only the most relevant information is disclosed.

Subcontractors: We have the right to engage subcontractors for the performance of our contractual commitments and obligations.

9. Liability and Limitations of Liability

9.1 Our general responsibilities

We take full responsibility for the functionality, quality and information security of the Platform. This means that we continuously work to ensure that the Platform lives up to the expectations of the Users and maintains a high standard, until the time the User's account is terminated or suspended.

9.2 Exemption of liability

While we strive to provide a flawless Platform, we cannot be held liable for damages caused by the User's own actions. This includes damages caused by incorrect information when registering or mishandling the Platform. It is the User's responsibility to correctly follow the instructions we provide and to report any ambiguities to us.

9.3 Compensation

We only reimburse the User for substantiated and reasonable costs incurred as a direct result of negligence on our part. However, we do not compensate the User for indirect costs, damages or losses, such as loss of profit or other consequential damages, unless we have acted intentionally or grossly negligently.

9.4 Maximum liability

Our maximum liability to a User as a Participant for any loss or damage arising from the Platform is limited to what is required by applicable law (for example, the Swedish Consumer Purchase Act (SFS 2022:260)). Our liability to the Organizer is governed by the service agreement entered into between us and the Organizer.

9.5 Personal Data responsibility

The rights of a data subject when we are data controllers for the processing in question, in accordance with applicable Swedish law, are not limited by what is prescribed regarding our liability and limitations of liability.

9.6 Responsibility related to Third Party

We are constantly working to create a secure and reliable Platform, but we cannot be held liable for damages resulting from the actions of other Users or Third Parties. The User should be aware of and take this into account when interacting with others through the Platform. This means, among other things, that we cannot be held liable for damages, losses, or disappointments the User may experience or be caused due to the failure of agreements between the Users, or between the User and a Third Party.

We do not assume responsibility for the accuracy or any other aspect of the information or content provided by the User or any other Third Party, or otherwise registered in or presented through the Platform. We cannot be held responsible for any consequences arising from the User's or any other Third Party providing incorrect information.

9.7 Links and technical problems

We strive to provide useful links and resources. However, we cannot guarantee the content or safety of Third Party websites.

When it comes to technical problems, we are actively working to solve these as quickly as possible to minimise any disruption. We are not responsible for technical problems, delays or interruptions caused by external factors, including but not limited to problems with the User's technical equipment or with Third Party Services or network disruptions. We are also not responsible for errors as the User does not reasonably cooperate with us in troubleshooting.

9.8 Security measures

In the digital world, there are always risks. Despite our best efforts to protect the Platform, we recommend that Users also take precautions themselves, such as using current antivirus software.

9.9 Integration with Third Party

We collaborate with several Third Party Services to offer an integrated experience. However, as we do not have control over these Third Party Services, we cannot guarantee their full functionality or security. Any problems, delays, or damages that may arise in connection with these Third Party Services are outside our responsibility.

9.10 Force Majeure

Each Party is exempt from any penalty for failure to perform its obligations under the Agreement and shall not be liable for damages if such failure is due to a circumstance which prevents the performance of the obligation and which is beyond the Party's control and the consequences of which it could not reasonably have avoided or overcome (“exempting circumstance”). Such events include, but are not limited to: epidemic, pandemic, majority decision, government action or omission, labour dispute, thunderstorm, fire, war, attacks, mobilisation, new or amended legislation and thus equal circumstances. When the obstacle ceases, the obligation shall, if possible, be performed in the agreed manner.

10. Complaints

In the event of a fault in the Service or Platform, the User has the right to lodge a complaint in accordance with applicable law. The User shall complain to us no later than two (2) months after its User Account has been suspended or terminated. If the User does not do so, the User loses the right to complain. For complaints, please contact us using the contact details set out in section 15 below.

11. Intellectual property rights

All rights, including but not limited to all intellectual property rights, to the Platform including the technical solution and any content therein provided by us, belong to us or our rights holders and are protected by law. These rights include, but are not limited to, the software's source code, design, graphics, logo, domain name, trademarks, copyrights, and all other forms of intellectual assets and protected works.

If the User registers or otherwise provides material and/or other supporting documents to us, the User is responsible for ensuring that the User has the right to provide the material in question and that it does not infringe the rights of any Third Party.

A party does not transfer or assign any of its intellectual property rights or assets to any other party by virtue of these terms.

12. Changes and updates

Platform updates: We are constantly striving to improve and optimize the Platform to provide the User with a better user experience. Therefore, we reserve the right to make changes to the Platform's design, layout, content, features etc. at any time, without prior notice. These changes may affect the user experience, but our intention is always to improve the Service.

Service offerings: In order to respond to market needs and wishes, we may introduce new Services, adjust our Service offering or even terminate certain Services. If we decide to discontinue the provision of the Platform or any particular Service, the User shall not be entitled to any form of compensation due to this decision.

Conditional changes: As our business evolves, we may change these Terms of Use, the Terms of Service, the specific terms of any additional services and/or our guidelines and instructions for use of the Platform (the “Terms”).

If we make a material change to the Terms, we will inform the affected Users within a reasonable time before the change takes effect, either by sending an email to the email address associated with the User's User Account or by notifying the User via the Website. However, changes required by laws, regulations or government decisions may be made and take effect immediately.

Any material changes to the Terms will take effect on the date stated in our notice, and any other changes will take effect on the date we publish the change. If the User's User Account is still registered after the date on which the changes take effect, this will be deemed to constitute the User's acceptance of the revised Terms.

The User may review the latest version of the Terms at any time by visiting the Website. It is the User's responsibility to regularly review and be aware of the Terms and conditions at any time.

13. Other provisions

Invalidity of a provision: Should a Swedish court, authority or arbitration panel find that any provision of the Terms is invalid or non-enforceable, the provision in question and all other provisions shall be effective and enforceable to the extent permitted by applicable law. To the extent that the invalidity materially affects a Party's rights or obligations under the Terms, reasonable adjustment of the Terms shall be made.

Survival of provisions: The provisions of these Terms relating to, inter alia, intellectual property rights and dispute settlement and any other provisions which are expressly or because of their nature are intended to apply even after the termination of the agreement, shall continue to apply even after the agreement between us and the User has expired.

Assignment: We reserve the right, either in whole or in part, to transfer or assign our rights and/or obligations under these Terms to another natural or legal person. This can be done without obtaining the User's prior consent and without prior notice thereof. The User may not assign its rights and obligations under the Terms, without our prior written consent.

14. Choice of law and dispute resolution

The Terms, including their interpretation and application, are governed by Swedish law.

Disputes arising between us and the User in connection with this agreement shall be finally settled in a Swedish general court, unless otherwise required by applicable mandatory legislation.

It is important to point out that any dispute arising between Users, or between a User and any other Third Party, is not subject to these Terms. We recommend that the parties involved in a dispute strive to reach a common solution directly with each other. We, on our side, are outside of these individual conflicts and our Terms are not intended to regulate such situations. The responsibility for resolving individual disputes lies with the parties concerned themselves.

15. Our contact details

Below are our company and contact details:

Company name: Prouder AB\nReg.no.: 559450-4887\nEmail: [email protected]

Postal address: Fröjel Alstäde 525, 623 55 Klintehamn