Terms of Use
This is a translation from Swedish; this translation has been checked for accuracy. In cases of any discrepancies, the Terms of Use in their original language will prevail.
1. Introduction
1.1 These Terms of Use ("Terms") form an integral part of the agreement between you or the organisation you represent ("Customer") and EdAI Technologies AB, company registration no. 559209-0871 ("EdAider"), governing the use of the EdAider web service ("Web Service") by the Customer, its staff, and students ("Users"). The agreement consists of these Terms, a Data Processing Agreement, and, where applicable, a Master Agreement as well as any documents referenced in any of these. In the event of a conflict between the agreement documents, the following order of precedence applies: (i) the Master Agreement (if applicable), (ii) the Data Processing Agreement, and (iii) these Terms.
1.2 By registering a user account and accepting the “Terms of Use” during the EdAider setup process, the User accepts Section 3 of these Terms. However, the Customer remains responsible for all Users’ compliance with the entire Agreement.
2. Customer Access to and Use of the Web Service
2.1 Unless otherwise stated, EdAider grants the Customer a non-exclusive, non-transferable right, during the term of the Agreement and subject to any agreed limitations, to use and display the Web Service and its content. This right is conditional on the Customer and its Users fulfilling their obligations under the Agreement.
2.2 The Customer acknowledges that EdAider or its licensors hold all rights to the Web Service and the materials provided or displayed therein. As between the Customer and EdAider, the Customer retains all rights to personal data governed by the Data Processing Agreement, as well as any content and information uploaded by the Customer or its Users ("Customer Data"). The Customer grants EdAider a licence to use the Customer Data for the purpose of fulfilling its obligations and exercising its rights under the Agreement.
2.3 EdAider is deemed to have fulfilled its obligation to provide the Web Service once login credentials have been provided and access is made available to Users via a web browser or other supported platform.
2.4 The Web Service is provided "as is" and with the functionality available at any given time. If EdAider removes features that are of material importance to the Customer, the Customer has the right to terminate the Agreement in writing with effect from the date the change comes into force. Notice must be received by EdAider no later than ten (10) days after the change takes effect.
2.5 The Customer may not reproduce, modify, publish, transmit, distribute, display, assign, sell, create derivative works from, or otherwise commercialise (e.g. in print, on another website, or on a networked computer), in whole or in part, any content from the Web Service (excluding Customer Data) without prior written consent from EdAider.
2.6 The Web Service is intended solely to support Users in educational and learning contexts. EdAider is not an educational institution and does not provide pedagogical assessment advice. No functionality of the Web Service should be interpreted as such.
3. User Obligations
3.1 The User agrees to provide accurate and complete information as required for account registration and to keep such information updated. The User also agrees not to create a false or misleading identity nor to share User's login credentials with others, even if part of the same Customer organisation, unless otherwise expressly permitted by EdAider.
3.2 If the User’s account is cancelled or suspended, the User must not register a new account under a different name or by other means. If EdAider suspects that a new account has been created after a prior suspension, it reserves the right to terminate such accounts without notice and may take further steps to prevent re-registration.
3.3 The User agrees to immediately notify EdAider if they suspect unauthorised use of their account and to take appropriate action to prevent it, such as changing their password.
3.4 The User agrees not to upload to the Web Service any material that may contain viruses, harm hardware or software, damage EdAider’s reputation, constitute a criminal offence, or otherwise violate applicable laws, such as copyright legislation.
3.5 EdAider investigates all reports of material uploaded to the Web Service that may be deemed racist, illegal, or unethical. Uploading such material is prohibited. EdAider reserves the right to remove any content it deems to violate this provision.
3.6 EdAider’s obligations under the Agreement apply to the Customer only. EdAider is not liable for any loss or damage suffered by individual Users.
3.7 If the User is using the Web Service under a free trial or equivalent offer, EdAider reserves the right to suspend or terminate the account and delete any associated data without notice or explanation.
4. Price and Payment Terms
4.1 The Customer shall pay the agreed fee as specified in the Master Agreement or during registration at edaider.com. All prices are exclusive of VAT. Training services, where applicable, are invoiced separately at agreed rates.
4.2 If a Master Agreement is in place, its payment terms apply. Otherwise, payment is due monthly in advance, within 30 days of the invoice date. If card payment is available and selected, the Customer authorises automatic billing on the due date upon submitting card details.
5. Suspension and Early Termination
5.1 In instances of breach of the Agreement by Customer or User, applicable policies, or excessive use or unreasonable costs, EdAider may restrict or suspend access without prior notice until the issue is resolved. Suspension does not entitle the Customer to a refund or to withhold payment.
5.2 EdAider may terminate the Agreement with immediate effect and block User access in the event of material breach by the Customer or its Users.
5.3 For trial use, EdAider may suspend access or terminate the Agreement at any time without providing a reason.
5.4 The Customer may terminate the Agreement in writing if EdAider commits a material breach and fails to remedy it within 30 days of written notice.
6. Personal Data
6.1 EdAider’s processing of personal data on behalf of the Customer is governed by the Data Processing Agreement.
7. Availability, Support and Data
7.1 EdAider endeavours to provide uninterrupted access to the system, except for periods of scheduled downtime for maintenance, but is unable to guarantee 100% uptime and accepts no liability for downtime caused by external factors.
7.2 Unless otherwise agreed, EdAider provides support for basic user queries and fault reporting during hours and via channels as communicated. EdAider will aim to respond and resolve issues within a reasonable timeframe.
8. Amendments
8.1 EdAider reserves the right to amend the Agreement (excluding the Data Processing Agreement, which requires written consent from the Customer). Notice of changes will be given with at least 30 days' notice via the Web Service, edaider.com, or another suitable channel. Updates to the privacy policy will be communicated via email and popup and are not considered contract changes.
8.2 The Customer may terminate the Agreement with immediate effect if the change is materially detrimental, by giving written notice before the change takes effect.
9. Confidentiality
9.1 This section does not apply if the Customer is subject to Swedish public access laws, in which case the Public Access to Information and Secrecy Act shall apply.
9.2 Each party agrees not to disclose business or trade secrets or confidential information for three years after the Agreement ends, unless required by law or stock exchange rules. Pricing and designated confidential information are always considered confidential. Disclosure is permitted if required by law or court order, but the disclosing party must inform the other party in advance where legally permitted.
10. Liability
10.1 EdAider’s total liability per calendar year is limited to the equivalent of one year’s service fee. EdAider is not liable for loss of profits, indirect damages, or third-party claims, except as stated in Section 10.2. EdAider is not responsible for data loss. These limitations do not apply in cases of wilful misconduct or gross negligence.
10.2 EdAider guarantees that the Web Service does not infringe third-party IP rights. If a claim is made, EdAider will defend the Customer at its own cost and compensate for any settlement or judgment, provided the Customer gives timely written notice and EdAider controls the defence and settlement.
10.3 Use of the Web Service during a free trial is at the Customer’s own risk. EdAider is not liable for any resulting losses or damages.
11. Term, Termination and Effects
11.1 The Agreement remains in force for the term and with the termination notice period specified in the Master Agreement or, if none, as stated during registration at edaider.com.
11.2 Upon termination, the Customer may request a copy of their data in the format held by EdAider. This right expires 30 days after termination, after which EdAider has the right to delete or render the data inaccessible.
12. Miscellaneous
12.1 Notices under the Agreement must be in writing and sent by courier, registered mail, or email to the other party’s contact. Notices are deemed received: (i) upon delivery by courier, (ii) 5 days after posting by registered mail, or (iii) upon receipt at the recipient's email address.
12.2 The Agreement may not be assigned by the Customer without EdAider’s written consent. EdAider may assign the Agreement, in whole or in part, with advance notice to the User and an option to terminate. EdAider may assign the right to receive or collect payments to a third party without this giving the Customer the right to terminate the Agreement.
12.3 This Agreement constitutes the entire agreement between the parties. All prior written or oral commitments are superseded.
12.4 If any provision of the Agreement is found invalid, the remainder shall remain enforceable unless the obligations become unduly burdensome without the invalid part.
12.5 The Agreement is governed by Swedish law. Disputes shall be exclusively resolved in Swedish courts, with the Stockholm District Court as the court of first instance.