General Terms and Conditions for Business Users
Applies from from 2024-10-18 and onwards.
1. General
These general terms and conditions ("Terms") apply when Kivra Sverige AB, corporate ID number 556917-3544, or another company within the same group as Kivra Sverige AB ("Kivra") provides businesses and organizations ("Business User/You/Your") with one or more digital services and features ("the Service"), including but not limited to a digital mailbox for receiving, managing, transferring, and storing digital messages and documents ("Content").
A Business User who chooses to register to use the Service simultaneously commits to follow the Terms and any other rules and instructions that Kivra may publish via the Service and/or communicate in other ways. A Business User is also obliged to observe applicable laws, regulations, and governmental decisions when using the Service.
2. Access to the Service
2.1 Registration
Business Users register for the Service by applying for an account with Kivra through any of the registration options that Kivra offers from time to time.
The types of organizational forms that can register as a Business User are stated in the Service and may vary over time.
Registration can only be made by an authorized signatory ("Signatory") in accordance with the company's signing rights registered with the Swedish Companies Registration Office (this applies to limited companies, partnerships, limited partnerships, and economic associations) or by an organization approved by Kivra (this applies to non-profit associations).
The Signatory initiating the application for the Service must be registered as a User in accordance with Kivra's general terms and conditions for private users. The Service can be subscribed to by companies that have signing rules supported by the responsible authorities' registry service or a register maintained by an organization approved by Kivra.
The Terms apply between the Business User and Kivra when the registration is completed, and the account is approved.
2.2 Access
Access to the Service is provided through any of the access options that Kivra informs about via the Service from time to time.
2.3 Authorization
Signatories (or other Users representing the Business User and who have been given that authority) can grant someone else access rights to parts of or the entire Service and thereby give this person read and/or management rights. Certain management of the Service requires approval from an authorized Signatory.
Users with management rights for the Service can create new access rights and revoke issued access rights whenever they wish. Signatories who are Users have access rights to the Service.
Access to the Service for non-profit associations is controlled in an external system approved by Kivra, and therefore Business Users cannot regulate access rights in the Service.
3. Description of the Service
3.1 Receiving Electronic Correspondences
The Service means that Kivra, after approved registration of a Business User's account, among other things, receives digital messages and dispatches including invoices ("Electronic Correspondences") to the Business User's digital mailbox from companies, organizations, authorities, municipalities, and others who have chosen to join Kivra ("Senders").
To be able to receive Electronic Correspondences from authorities and municipalities, the Business User must also register as a user of the service Mina Meddelanden, see the description of the terms at digg.se. This is done automatically upon registration with Kivra. By being connected to Mina Meddelanden, the Business User agrees to receive Electronic Correspondences from authorities and municipalities that are connected to or will connect to Mina Meddelanden. Mina Meddelanden is not available for Business Users that are non-profit associations.
Kivra continuously informs Senders that the Business User wishes to receive Electronic Correspondences in the Service. Business Users can at any time choose not to receive Electronic Correspondences from one or more Senders via settings in the Service.
3.2 Uploads
Within the Service, Kivra offers the possibility to upload Content. The number of Contents that can be uploaded is limited as stated in the Service. Additional amounts can be uploaded within Kivra Business Plus, see below. It is not allowed to upload sensitive personal data or personal data related to criminal convictions in the Service, read more here.
3.3 Integrations
The Business User can integrate their digital mailbox with other services provided by third parties that Kivra collaborates with ("Partners").
By activating the integration, the Business User gives Partners access to the Business User's digital mailbox and can transfer the content of the digital mailbox to the services provided by the Partner, such as accounting services. The Business User chooses which Partner(s) should be given access to the digital mailbox.
3.4 Kivra's communication with Business Users
Kivra communicates with Users via, among other things, email, SMS, push notifications, and Electronic Correspondences. Users can also choose to opt-out of marketing via email through a link in the email message itself. However, communication regarding the Service is considered an integrated part of the Service, which means it cannot be opted out of. It is also not possible to opt out of Kivra as a Sender in the Service.
3.5 Receiving and responsibility for Electronic Correspondences
An Electronic Correspondence is considered to have been received by a Business User when the Electronic Correspondence has been made available to the Business User in the Service.
Senders are responsible for the content of the Electronic Correspondences, regardless of which channel the sender has chosen to send mail to the Business User.
Business Users are responsible, in the same way as for physical correspondences, for reviewing the content of Electronic Correspondences.
3.6 Storage
Content and the Business User's account history are stored for as long as the Business User has the Service activated.
During this time, the Business User is responsible for which Content they choose to delete. The Content that is deleted will no longer be available to the Business User.
Upon suspension or termination of the Service for a Business User according to section 11 below, the Business User's all Content and the Business User's account history stored within the framework of the Service will be deleted after forty-five (45) to fifty-two (52) days.
4. Kivra Business Plus
Within the Service, Kivra offers the opportunity for the Business User to utilize additional features for a cost to the Business User (see the section Prices and Payment below). The features provided for a cost are collectively referred to as "Kivra Business Plus".
4.1 Scanning
Within Kivra Business Plus, Kivra offers the opportunity for scanning of physical mail for delivery to the Business User's digital mailbox.
If the Business User activates this function, the Business User is assigned a unique physical mailing address ("Kivra address"). The User can then provide the Kivra address to senders who send physical mail to the User. It is the Business User's responsibility to inform senders to send mail to the Kivra address.
To be able to use scanning, the Business User needs to provide a physical mailing address in Sweden ("Delivery Address"). The Delivery Address cannot be a PO box address and it also cannot be the same as the Kivra address. The Business User is responsible for ensuring that the Delivery Address is always correct and updated.
Physical mail sent to the Kivra address will, under the conditions stated below, be opened, scanned, and then delivered digitally to the Business User's digital mailbox in the form of Electronic Correspondences. The Electronic Correspondence is also provided with a Document ID. The Electronic Correspondence is delivered to the User within two (2) working days from the time the physical mail was delivered to the Kivra address.
Physical mail that has been digitally delivered to the Business User ("Original Correspondences") is archived by Kivra for seven (7) years from the time the mail was delivered to the Kivra address. The User has the opportunity, as long as the Original Correspondence is archived, to request that it be sent to the Business User's specified Delivery Address against the fee stated in the Price List. Delivery of Original Correspondences is carried out through ordinary postal service.
Physical mail that, according to Kivra's assessment, cannot be scanned, including but not limited to packages, payment cards, and other correspondences in odd formats ("Unscannable Correspondences"), will not be scanned and archived upon delivery to the Kivra address. Instead, Kivra will, against the fee stated in the Price List, within two (2) working days from the time the Unscannable Correspondence was delivered to the Kivra address, send the Unscannable Correspondence to the Business User's Delivery Address. The delivery of Unscannable Correspondences is carried out through ordinary postal service or, if Kivra decides, by courier. The Business User is responsible for informing senders that Unscannable Correspondences should not be sent to the Kivra address. Unscannable Correspondences that cannot be delivered to the Business User because the Business User has not provided a correct or updated Delivery Address will be destroyed.
The Business User is responsible for picking up mail that is sent registered to the Business User's Kivra address. The same applies to mail that must be personally picked up by the Business User for any other reason. The User is responsible for informing senders that mail that must be personally picked up by the recipient should not be sent to the Kivra address.
Physical mail that, according to Kivra's assessment, constitutes marketing material or other material of similar nature, including but not limited to brochures, flyers, and newspapers ("Marketing"), will not be scanned or archived upon delivery to the Kivra address. Instead, Kivra will, without first obtaining approval from the Business User, destroy such Marketing. Kivra cannot be held liable for any direct or indirect damage suffered by the Business User as a result of the destruction of mail that Kivra has assessed to constitute Marketing.
Physical mail delivered to Kivra where the recipient, after a visual inspection by Kivra, cannot be read will be sent back to the sender. If such physical mail lacks a sender or the sender cannot be read, Kivra will return the mail to the postal operator that delivered it to Kivra. Such postal operator is responsible for handling the mail in accordance with the rules of the Postal Services Act regarding undeliverable letters.
Kivra is not responsible for the content or for errors and deficiencies in the physical mail sent to the Business User as Electronic Correspondences, Unscannable Correspondences, or Original Correspondences. Kivra shall not in any way be held liable for any damage that occurs to the Business User as a result of the content of the physical mail or for errors and deficiencies in the content that occurred before the physical mail was delivered to the Kivra address.
4.2 Email
Within Kivra Business Plus, Kivra offers the reception of emails for delivery to the Business User's digital mailbox.
If the Business User activates this function, the Business User is assigned a unique email address ("Kivra email address"). The User can then provide the Kivra email address to the senders who send emails to the Business User. It is the Business User's responsibility to inform senders to send emails to the Kivra email address.
Emails sent to the Kivra email address are received by Kivra and delivered to the Business User's digital mailbox in the form of Electronic Correspondences under the conditions stated below.
Emails that Kivra assesses to constitute spam will not be delivered as Electronic Correspondences to the Business User's digital mailbox. Instead, Kivra will, without first obtaining approval from the Business User, delete such emails. Kivra cannot be held liable for any direct or indirect damage suffered by the Business User as a result of the deletion of emails that Kivra has assessed to constitute spam.
Kivra will only deliver content in the form of text and attachments in the format PDF to the Business User in the form of Electronic Correspondences. Emails containing attachments in other formats will not be delivered to the Business User.
Kivra is not responsible for the content or for errors and deficiencies in emails sent to the Business User as Electronic Correspondences. Kivra shall not in any way be held liable for any damage that occurs to the Business User as a result of the content of the emails or for errors and deficiencies in the content that occurred before the email was delivered to the Kivra email address.
4.3 Uploads In Kivra Business Plus, the User can upload Content without the limitation that applies in Kivra Business, see above.
5. Prices and Payment
Parts of the Service are provided for a fee (see above under Kivra Business Plus). For current prices, see the Price List for Business Users.
Kivra charges the Business User for the use of the Service in arrears. Which payment methods and payment options can be used are stated in the Service and may vary over time.
6. Changes in the Service
Kivra has the right to make changes to the Service and the functions that can be used via the Service at any time. The scope and design of the functions available through the Service may vary over time. Kivra reserves the right to continuously develop, expand, limit, or otherwise change the design, technical features, systems, technical conditions for access to the Service, and other components, as well as the conditions for these.
7. Availability
The Service is normally available 24 hours a day, seven (7) days a week, year-round. However, Kivra does not guarantee and is not responsible for the Service being free from errors, delays, and/or interruptions. Kivra reserves the right to temporarily interrupt the provision of the Service for service purposes, e.g., bug fixes, maintenance, and upgrades. Kivra is not responsible for updating the Service's access rights.
8. Business User's responsibility for access to the Service, etc.
The Business User is responsible for:
-
having the necessary connections and equipment for the Service, including a working internet connection and digital devices and browsers that enable access to the Service.
-
the accuracy of the information provided in connection with registration and use of the Service.
-
continuously updating their contact details so that they are correct at all times and ensuring that the Business User has access to the specified contact details and that these are functional for receiving information from Kivra.
-
ensuring that personal and user-specific information such as user identity and password or other documents, certificates, or devices that can be used for access to the Service are stored in a secure manner and are not used by or disclosed to any unauthorized person. If a Business User suspects that such information has come into the possession of an unauthorized person or is otherwise misused, the Business User is obliged to immediately take action to limit access to the Service and inform Kivra about the situation.
-
keeping their access rights updated in the Service.
-
continuously reviewing Electronic Correspondences in the role of Business User even if the service has been terminated as a User.
-
upon transfer of the company or organization, transferring access to the Service and updating Your access rights.
9. Business User's responsibility for using the Service
The Business User is responsible for activities conducted by the Business User and any other Users whom the Business User has given read and/or management rights. Therefore, the Business User is responsible, among other things, for any transfer of information and Content conducted by the Business User within the framework of the Service.
The Business User is responsible for ensuring that the Content saved in the Service does not violate applicable legislation.
The Business User may not use the Service in such a way that Kivra or another party suffers inconvenience or damage. Therefore, the Business User may not, for example, handle Content in violation of applicable legislation through the Service.
If Kivra suspects that a Business User is using the Service in violation of this section, Kivra has the right to delete and/or prevent the Business User from transferring information and/or Content without prior notice to the Business User and has the right to suspend the Service for the Business User and terminate the Terms with the Business User with immediate effect, see further section 13.2 below.
10. Processing of personal data
The Business User is the data controller for all storage and any other processing of personal data in the Service. Kivra is Your data processor for these processing activities, and the relationship is regulated in the data processing agreement ("Data Processing Agreement") that is part of the Terms.
Kivra also processes personal data about the Business User's representatives in the role of data controller. If You want to know how Kivra processes these personal data when You use the Service, read here.
11. Liability and limitations of liability
Kivra is responsible for the information security of the Service. Kivra is not responsible for any damages that arise due to the Business User providing incorrect information at registration, due to the Business User's incorrect handling of the Service, or due to the Business User's incorrect handling of the information required for access to the Service.
Kivra only compensates the Business User for verified and reasonable costs that have arisen as a direct result of negligence on Kivra's part. However, Kivra does not compensate the Business User for indirect costs, damages, or losses, such as, for example, lost profits or other consequential damages, unless Kivra has acted intentionally or with gross negligence.
Notwithstanding what is stated above, Kivra's total liability to a Business User during each twelve-month period is limited to an amount equivalent to one-quarter (25%) of the price base amount according to the Social Insurance Code (2010:110) at any given time.
Business Users are obliged to present claims for compensation to Kivra within three (3) months after the damage was discovered or should have been discovered. If a Business User does not do this, the Business User loses the right to make the claim.
The rights that accrue to a registered when Kivra is the data controller for the relevant processing, according to applicable Swedish law, are not restricted by what is prescribed about Kivra's liability and limitations of liability.
Kivra's liability in the role of data processor to the Business User is regulated in the Data Processing Agreement.
12. Force majeure
Kivra is exempt from liability for damages or other responsibilities if damage or failure to act is due to an obstacle outside Kivra's control that Kivra could not reasonably have been expected to anticipate and whose consequences Kivra could not reasonably have avoided or overcome, including but not limited to, for example, war, natural disasters, lockouts or other labor conflicts, fire, interruptions in energy supply, and interruptions in 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.
13. Suspension and termination of the Service
13.1 Business User's rights and obligations
A Business User has the right to terminate the Terms at any time by notifying Kivra that the User wishes to deregister their account. It is the Signatory who has the right to terminate the Terms on behalf of the Business User. After the termination, the Business User can continue to use the Service for a limited period to receive and read such Electronic Correspondences that Business Senders had already planned for delivery via the Service at the time of termination.
The Service is terminated for the Business User, and the Terms cease when the concerned Senders have been informed about the termination and been provided with the opportunity to change the delivery method for Electronic Correspondences to the Business User, however, no later than within fifty-two (52) days from the time Kivra received the Business User's termination.
If the Business User has activated Mina Meddelanden, this service must be terminated before the Business User can terminate the Service with Kivra.
If Kivra Business Plus is terminated, it is the Business User's responsibility to inform users to stop sending mail to the Kivra address and Kivra email address.
13.2 Kivra's Rights
Kivra has the right, through written notice to the Corporate User, to wholly or partially terminate the Service for a Corporate User and terminate the Terms with immediate effect if the Corporate User breaches its obligations under the Terms or against legislation, authority decisions, or provided instructions.
Furthermore, Kivra has the right, through written notice to the Corporate User, to wholly or partially terminate the Service for a Corporate User and terminate the Terms with three (3) months' notice.
Kivra also has the right to wholly or partially terminate the Service for a Corporate User and terminate the Terms without observing any notice period if the Corporate User has not used the Service for a period of one (1) year or if the registration of an account has not been completed within two (2) weeks.
Kivra is entitled to compensation for any costs incurred if senders continue to send mail to the Kivra address or Kivra email address after Kivra Business Plus has ended, see Price List.
14. Confidentiality
Kivra shall observe confidentiality regarding Content handled through the Service and shall not improperly access or disclose Content to unauthorized persons. However, Kivra reserves the right to disclose information and Content that Kivra is obligated to disclose or reveal by law.
15. Intellectual Property Rights
All rights, including but not limited to all intellectual property rights, to the Service including the technical solution and any content therein provided by Kivra, belong to Kivra or its rights holders and are protected by law.
16. Changes to the Terms
Kivra reserves the right to at any time change and/or add to these Terms, including the Price List. Changes to the Terms shall be notified to the Corporate User in the manner decided by Kivra at least thirty (30) days before the change comes into effect. However, Kivra always has the right to immediately make such changes and additions as required by law, regulation, or authority decision. If changes and additions are not accepted by a Corporate User, the Corporate User always has the right to terminate the Terms according to section 13 above.
17. Assignment and Subcontractors
Corporate Users may not assign these Terms, or their rights and obligations under the Terms, without prior written consent from Kivra.
Kivra has the right, without the consent of the Corporate User, to wholly or partially assign the Terms, or its rights and obligations under the Terms, to companies within the same group as Kivra.
Kivra has the right to engage subcontractors for the fulfillment of its obligations under the Terms. In such cases, Kivra is fully responsible for the subcontractor's fulfillment of its obligations.
18. Governing Law and Dispute Resolution
The Terms are governed by Swedish law.
Disputes arising out of 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 be applied unless the SCC, considering the complexity of the case, the value of the subject matter of the dispute, and other circumstances, determines that the Arbitration Rules shall be applied. In the latter case, the SCC shall also determine whether the arbitral tribunal shall consist of one or three arbitrators. The seat of arbitration shall be Stockholm.