General terms and conditions for Kivra's verification service

1. General

These general terms and conditions (“Terms”) apply when Kivra Sverige AB, org. no. 556917-3544, or another company within the same group as Kivra Sverige AB (“Kivra”) provides companies and organizations (“Controller/You/Your”) with one or more digital services and functions, including but not limited to a service for receiving and checking digital documents (“Content”) shared from private individuals who have a digital mailbox with Kivra (“Users”). This service is hereinafter referred to as the “Verification Service”. A Controller who chooses to use the Verification Service undertakes to comply with the Terms and any other rules and instructions that Kivra publishes from time to time via the Verification Service and/or communicates in other ways. A Controller is also obliged to comply with applicable laws, regulations and government decisions when using the Verification Service.

2. Access to the Service

2.1 Access The Controller gains access to the Verification Service through one of the access options that Kivra offers from time to time in the Verification Service.

2.2 Authorization The person who obtains access to the Verification Service on behalf of the Controller is responsible for ensuring that he or she has the right to represent the Controller.

3. Description of the Service

3.1 Access to Content The Verification Service means that the Controller can gain access to Content that Users choose to share with the Controller. How long the Controller has access to the Content is stated in the Verification Service and may vary between different types of Content.

3.2 Content Control Within the Verification Service, Kivra offers an opportunity to check the Content and its properties, such as authenticity, content and origin.

3.3 Storage Content is only stored temporarily on behalf of the Controller in order for the Controller to be able to perform the check. Once the Controller has completed the verification, the Controller no longer has access to the Content or any information about the properties of the Content.

4. Prices and Payment

Prices and payment terms for the Verification Service are set out in the Verification Service and may vary.

5. Changes to the Verification Service

Kivra has the right to make changes to the Verification Service at any time and the functions that can be used via the Verification Service from time to time may vary in scope and design. Kivra reserves the right to continuously develop, expand, restrict or otherwise change the design of the Verification Service, technical functions, systems, technical requirements for accessing the Verification Service and other components, as well as the terms and conditions for these.

6. Availability

The Verification Service is normally available twenty-four (24) hours a day, seven (7) days a week, all year round. Notwithstanding this, Kivra does not guarantee any particular availability and is not responsible for the Verification Service being free from any errors, delays and/or interruptions. Kivra reserves the right to temporarily suspend the provision of the Verification Service at any time for service purposes, such as bug fixes, maintenance and upgrades.

7. Controller's responsibility

The Controller is responsible for:

• having the necessary connections and equipment for the Verification Service, including a functioning Internet connection and digital devices and browsers that enable access to the Verification Service.
• the accuracy of the information provided in connection with access to and use of the Verification Service.
• that personal information such as identity and password or other documents, certificates or devices that can be used to access the Verification Service are stored in a secure manner and are not used by or disclosed to any unauthorized person. If a Controller suspects that such information has been obtained by an unauthorized person or is otherwise being misused, the Controller is obliged to immediately take action to restrict access to the Verification Service and inform Kivra of the situation that has arisen.
• activities undertaken by the Controller in the Verification Service. The Controller is thus responsible, among other things, for handling Content within the framework of the Verification Service.
• to inform Users who share Content with the Controller about the purpose of the control and how the Controller handles the Content.
• any documentation that the Controller needs that the control has been performed.

The Controller may not use the Verification Service in such a way that Kivra or others suffer inconvenience or damage. The Controller may therefore, for example, not process Content via the Verification Service in violation of applicable law.

If Kivra suspects that a Controller is using the Verification Service in violation of this section, Kivra has the right to limit the Controller's or its representative's access to the Verification Service and terminate the Terms for the Controller with immediate effect, see also section 13 below.

8. Processing of personal data

The Controller is the data controller for the handling of Content and any other processing of personal data in the Verification Service. Kivra is your data processor for these processing operations and the relationship is governed by the Data Processor Agreement (“Data Processor Agreement”) which forms part of the Terms.

Kivra also processes personal data about the Controller’s representatives in the role of data controller. If you want to know how Kivra processes this personal data when you use the Verification Service, please read here.

9. Liability and limitations of liability

Kivra is responsible for the information security of the Verification Service.

Kivra is not liable for any damages that arise due to the Controller providing incorrect information when accessing the Verification Service or due to the Controller's incorrect handling of the Verification Service.

Kivra will only compensate the Controller for proven and reasonable costs that have arisen as a direct result of negligence on Kivra's part. However, Kivra will not compensate the Controller for indirect costs, damages or losses, such as e.g. loss of profit or other consequential damages, unless Kivra has acted intentionally or grossly negligently.

Notwithstanding the above, Kivra's total liability to a Controller during each twelve-month period is limited to an amount corresponding to one quarter (25%) of the price base amount applicable at any time according to the Social Insurance Code (2010:110).

The Controller is obliged to submit a claim for compensation to Kivra within three (3) months after the damage was discovered or should have been discovered. If a Controller fails to do so, the Controller loses the right to assert the claim.

The rights that accrue to a data subject when Kivra is the personal data controller for the relevant processing, according to applicable Swedish law, are not restricted by what is prescribed regarding Kivra's liability and limitations of liability.

10. Force majeure

Kivra is exempt from liability for compensation or other liability if the damage or failure to act is due to an obstacle outside Kivra's control that Kivra could not reasonably have been expected to have counted on and the consequences of which Kivra could not reasonably have avoided or overcome, including but not limited to, for example, war, natural disasters, lockout or other labor dispute, fire, interruption of energy supply, and interruption of the operation of electronic data processing caused by the above. The same applies if a subcontractor to Kivra is affected by obstacles referred to in this section.

11. Term

The Terms apply each time you use the Verification Service. When the check is completed, Kivra's provision of the Verification Service is completed and the Terms cease to apply. This means that each time you use the Verification Service, you enter into a new agreement with Kivra and the agreement ceases to apply as soon as the Verification Service is completed.

12. Confidentiality

Kivra shall observe confidentiality regarding Content handled via the Verification Service and may not improperly obtain access to Content or disclose Content to unauthorized persons. However, Kivra reserves the right to disclose information and Content that Kivra is required to disclose or disclose by law.

13. Intellectual Property Rights

All rights, including but not limited to all intellectual property rights, to the Verification Service including the technical solution and any content therein provided by Kivra belong to Kivra or its right holders and are protected by law.

14. Changes to Terms

Kivra reserves the right to change and/or make additions to these Terms at any time. Since the Controller, according to section 13 above, needs to accept the Terms each time the Controller uses the Verification Service, the Controller is responsible for taking note of the Terms in force at any time.

15. Assignment and subcontractors

The Controller may not assign these Terms, or its rights and obligations under the Terms, without the prior written consent of Kivra. Kivra has the right to assign the Terms, or its rights and obligations under the Terms, in whole or in part, to companies that are part of the same group as Kivra, without the Controller's consent. Kivra has the right to engage subcontractors to fulfill its obligations under the Terms. In such a case, Kivra is fully responsible for the subcontractor's fulfillment of its obligations.

16. Choice of law and dispute resolution

The Terms are governed by Swedish law.

Disputes arising from the Terms shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”). The Rules for Simplified Arbitration shall apply unless the SCC, taking into account the severity of the case, the value of the subject matter of the dispute and other circumstances, determines that arbitration rules shall apply. In the latter case, the SCC shall also determine whether the arbitration panel shall consist of one or three arbitrators. The seat of the arbitration shall be Stockholm.