Terms of use 2018-05-08T08:21:47+00:00

Notified Terms & Conditions

Introduction

Thank you for using Notified, a service owned and operated by the swedish legal entity NSO Group AB, registration number 556803-4291.   Our Service is accessible via www.notified.com or any other website through which Notified makes the Services available (the “Site”).  

These terms and conditions (hereinafter “Terms”) are an integral part of your agreement with Notified concerning the supply of the Service (as defined below) and govern your access to, and use of, the Service and Site.

By confirming the Agreement (In Swedish: Kundavtal), you agree to these Terms and all other documents outlined in the Agreement, such as, but not limited to, applicable data processing agreement and privacy policy. Additionally, by confirming the Agreement, you warrant that you are legally authorized to enter into this agreement on behalf of your employer or client, as applicable.

  1. The Service

Notified is an online platform that helps clients monitor their areas of interest across digital and social news outlets, communicate efficiently with journalists and influencers, and visualize user generated content. More specifically, Notified’s services   of five different modules; Listen, Publish, Connect, Amplify and Measure (the “Service”). You find additional, specific information about the functionality of the Service and the modules at the Site; www.notified.com.

We are constantly improving the Service, and may introduce new features, change existing features, or remove features from the Site and Service at any time and without notice. If you provide us with feedback, comments, or suggestions regarding the Site and Service, you grant Notified the right to use such material for any purpose, without payment to you.

  1. Technical requirements to use the Service

As the Service is made available online, all you need in order to use the Service is an Internet connection, a computer, and one of the major web browsers (i.e. Internet Explorer, Firefox, Chrome or Safari). Please ensure that you have updated your chosen web browser for optimal results of your use of the Service. Notified reserves the right to discontinue providing support for older versions of browsers than the most recent version.

  1. License to the Service

Notified hereby grants You a limited, non-exclusive, non-transferable, and revocable right for its authorised users (the quantity is specified in the order confirmation) to use the Service, as made available by Notified from time to time. You agree that your account to the Service shall only be used by you, and that your authorised users shall not share their login credentials with anyone else. If you suspect that someone has got unauthorized access to  login information, You must immediately notify us, so we can set up new login credentials for you.

  1. Intellectual property

The Site and Service are subject to intellectual property rights protection, such as copyright, design rights, and trademark rights, which are owned by Notified or its licensors. You, including your authorized users, are not granted any license to the Service and thereto attributable intellectual property rights other than what is explicitly described in these terms.    

For the avoidance of doubt, You agree to not copy, modify, distribute, sell or lease any part of the Service. Unless otherwise permitted by mandatory law, you may not reverse engineer or attempt to extract the source code of the Site and Service. You may only access the Site and Service through the interfaces that Notified provides, and you may never “scrape” any content through automated means or “frame” any part of the it.  

  1. References in marketing

We have the right to use your company name and logo on our website for our marketing purposes. Should we wish to present your company as a use case, we will collect your prior consent to such marketing activity.

  1. Your content

Some parts of the Site and Services may allow you to upload or submit content, such as text, images, video, ideas, concepts, lists, and other material. In the relationship between You and Notified, you retain all rights in any content you upload or submit to the Service, and you are responsible for that such content is not violating any third party rights.

You are responsible for, and hereby warrant that: (i)  any messages, notes, photos, and other content or information you upload, publish or display to the Site and Service comply with applicable laws (including the Swedish Marketing Act and General Data Protection Legislation) and does not infringe on someone else’s rights (such as e.g. copyright) or otherwise conflict with the law or the rights of others ; (ii) you will not use the Site and Service to upload, post, transmit, share, store or otherwise make available any content that could be deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; and (iii) you are not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional material, “junk mail”, “spam”, chain letter”, “pyramid schemes” or any other form of solicitation.

We do not have an obligation to publish your content and we reserve the right to refuse (or remove) any press release and/or other content which we either deem inappropriate, unlawful, or unprofessional.

  1. Support and communication

The Service shall as default be accessible every hour of the day, except for scheduled maintenance, which are communicated to You in advance. Should other access problems occur, Notified will try to remedy the problem as soon as possible during standard working hours (9-17).  

By signing up for the Service, you agree to receive communications (promotional and non-promotional) from us, including information via email, text message, calls and push notifications to the cellular telephone number you have provided to us with. If you do not want to receive promotional communications from us, You may opt out from receiving of such communication form us simply by adjusting your  account settings, which are found in the Service.

  1. Specific Terms

The Service’s functionality and supply of information relies on third parties’ supply of information to Notified. Consequently, Notified can in no way be held responsible for reduced information supply due to a third party’s adjusted information channels or if third party by other means deny Notified from accessing third party’s information by, for example, limiting or adjusting the possibility of crawling third party content or closes (or reduces) access to third party’s API.

Please note that information about/from journalists or influencers is collected by use of publicly available sources and are suggestions for relevant contacts. You may need to approach these individuals to collect their consent prior to using their material in order to secure i) your right to use the material as you see fit, and ii) lawful processing of personal data found in their material, or otherwise in relation thereto.

You hereby undertake to, prior to any  publicly display of collected third party content, ensure that you have the right to reproduce and display such information.  NSO Group AB does not screen third party content and can not be held responsible for any violation of rights caused by your use of third party content.

As regard processing personal data in the Service; in the relationship between you and Notified, you are a data controller and Notified is your data processor. Effectively, when you use the Service to process personal data (such as when you upload contact information or email lists to the Service) or do marketing activities, you are exclusively responsible for securing that you have adequate legal ground and due permits (e.g. consent) for this data processing and communication activities.

The Service may allow for your creation of various marketing reports, business analysis reports, and other types of aggregated, or compiled, information, which serve to illustrate for example market reach and brand development. Any such material retrieved from and/or created by, or by information provided by, the Service (such as marketing reports and/or statistics) may be used for your internal purposes only, except for when explicitly approved by Notified.

We put great pride in supplying a well functioning Service. However, for technical or other reasons, the Service may, from time to time, not work as intended (such as fail to deliver messages at a certain time, delete content, fail to save, or in any other way temporarily be unavailable). Notified will make due efforts to limit these events, yet Notified shall never be held responsible for any damage that may arise as the result of a failure in delivery of the Service.

  1. Subscription term & termination

Upon signing the Agreement, Notified undertakes to supply you with the Service for the term agreed in the Agreement

The agreement between You and Notified will enter force upon signatures of both parties, and shall remain in force for the term outlined in the agreement (“Initial Term”). Unless terminated with 90 days notice before the end of the Initial Term, the Agreement is automatically renewed for a new term, where this term is equivalent to the Initial Term.

Legally binding termination of Agreement shall be sent to avsluta@notified.com at least 90 days before the end of the current term.

From time to time, we may offer promotional prices for new customers. Any such promotional prices apply exclusively to the Initial Term. Customers hereby agree to, upon renewal, be charged the standard price for the Service as set out by Notified’s standard price list, as updated at the time of renewal, by Notified in their sole discretion.  

  1. Payment

You will be charged the applicable fees for the modules that were included in your subscription at the time of entering into, or renewal of, this Agreement, and for those modules and/or additional features you have chosen to add to your subscription over the course of your use of the Service. Notified may, in their sole discretion, update the applicable fees for the Service. For example, price adjustments may be due to currency inflation or adjusted fees for integrated third party services. You are obliged to pay these fees, provided the changes are reasonable given the value and functionality provided by the Service. Ask a Notified sales representative for more information.

Unless otherwise specified in the order confirmation, invoicing is made in advance

for the entire term.Standard payment term is 30 days net.

For late payments, we have the right to charge you the applicable interest for late payments according to the Swedish Interest Act (Räntelagen) and/or suspend or terminate access to the Service. Currently, this interest rate is eight percentage points above the applicable reference interest rate as set out by the Swedish National Bank (Sveriges Riksbank).

  1. Entire agreement

These terms, including applicable Agreement and its appendices, amendments, modifications, and addendums , shall constitute the entire agreement between you and Notified with respect to the Service and any use thereof.

  1. Assignment and sale of business

If the ownership of our business or the Service changes (such as in the event of a merger with a third party, upon an equity sale, or transfer of all or a portion of our business or assets), Notified reserves the right to transfer and assign your information, subscription, user account and personal data to the new owner, or partners thereto, regardless whether they are resident and having business operations within or outside of the EU/EEA. This includes any assignment to a company within our group of companies, including an owner of, or subsidiary to Notified. Any new legal entity will still have to honour the commitments we have made in these Terms.

  1. Changes to the terms

We may make changes to these Terms from time to time. When we introduce changes we will post the most current version of the Terms on our Site and Services. If a revision of the Terms is material, we will notify you of the new Terms (either by email or a notification on our Site).

  1. Governing law and dispute resolution

These Terms and the Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. Disputes shall be resolved by public courts, where Malmö District court shall be the first instance.

  1. Contact information

If you have any questions, complaints or comments about the Services, the Terms, or the Agreement in whole, you may contact us at:

NSO Group AB

Stora Varvsgatan 6a

211 19 Malmö, Sweden

info@notified.com