General Terms and Conditions for Business Users
Applies from from 07 Aug 2023 and onwards.
These general terms and conditions ("Terms") apply when Kivra Sverige AB, org. no. 556917-3544, or any other company within the same group as Kivra Sverige AB ("Kivra") provides companies and organizations ("Business Users/You/Your") one or more digital services and features, including but not limited to a digital mailbox for receiving, managing, transmitting, and storing digital messages and shipments ("Service").
A Business User who chooses to register to use the Service also commits to following the Terms and any other rules and instructions that Kivra may publish through the Service and/or communicate in another way from time to time. A Business User is also obligated to comply with applicable laws, regulations, and official decisions when using the Service.
2. Access to the service
Business Users register for the Service by applying for an account with Kivra through one of the registration options offered by Kivra from time to time.
The types of organizations that can register as Business Users are stated in the Service and may vary over time.
Registration can only be done by an authorized signatory ("Signatory") in accordance with the signing authority registered with the Swedish Companies Registration Office (this applies to limited liability companies, general partnerships, limited partnerships, and economic associations) or with 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 for individuals. The Service can be subscribed to by companies with signing authority rules supported by responsible authorities' registry service or a registry maintained by an organization approved by Kivra.
The Terms apply between the Business User and Kivra when the registration has been completed and the account has been approved.
Access to the Service is provided through the access options that Kivra informs about through the Service from time to time.
Signatories (or other Users representing the Business User and given such authorization) can grant access rights to others for parts of or the entire service, thereby granting them reading and/or handling rights. Certain handling of the service requires approval from an authorized Signatory.
Users with handling rights for the service can create new access rights and revoke issued access rights whenever they wish. Signatories who are Users always have access to the service.
Authorization for non-profit associations to use the Service is governed by an external system approved by Kivra, and therefore, Business Users cannot regulate authorizations within the Service.
3. Description of the service
3.1 Receipt of E-shipments
The Service involves Kivra, after the approved registration of a Business User's account, among other things, receiving digital messages and shipments, including invoices ("E-shipments"), to the Business User's digital mailbox from companies, organizations, authorities, municipalities, and others who have chosen to connect to Kivra ("Senders").
To be able to receive E-shipments from authorities and municipalities, Business Users must also register as users of the service Mina Meddelanden, see the description of the terms at digg.se. This is done automatically upon registration with Kiv
ra. By being connected to Mina Meddelanden, Business Users agree to receive E-shipments from authorities and municipalities connected to or intending to connect to Mina Meddelanden. Mina Meddelanden is not available for Business Users who are non-profit associations.
Kivra continuously informs Senders that Business Users wish to receive E-shipments through the service. Business Users can choose not to receive E-shipments from one or more Senders at any time through settings in the Service. After such notification, the User can continue to receive E-shipments from the respective Sender for a maximum of fifty-two (52) days.
Within the Service, Kivra offers the possibility to upload digital documents. The number of digital documents that can be uploaded is limited as stated in the Service. Additional numbers can be uploaded within Kivra Business Plus, see below. It is not allowed to upload sensitive personal data or personal data related to crimes in the Service.
Business Users can integrate their digital mailbox with other services provided by third parties that Kivra collaborates with ("Partners").
By activating the integration, Business Users grant Partners access to their digital mailbox and allow them to transfer the contents of the digital mailbox to the services provided by the Partner, such as accounting services. Business Users can choose which Partner(s) to grant access to the digital mailbox. If the Business User activates the integration through a retailer, the retailer will also have access to the Business User's Kivra address and Kivra email address (as defined below).
3.4 Kivra's communication with Business Users
Kivra communicates with Users via email, SMS, push notifications, and E-shipments, among other methods. Users can also choose to decline marketing emails through a link in the email. Communication regarding the Service is considered an integral part of the Service, which means that it cannot be opted out of. It is also not possible to unsubscribe from Kivra as a Sender in the Service.
3.5 Receipt of and responsibility for E-shipments
An E-shipment is considered received by a Business User when the E-shipment is made available to the Business User in the Service.
Senders are responsible for the content of the E-shipments, regardless of the channel chosen by the sender to send mail to the Business User.
Business Users are responsible, in the same way as for physical shipments, for accessing the content of E-shipments.
Content in the Service, such as E-shipments and the Business User's account history, is stored for the duration the Business User has the Service activated.
During this time, the Business User is responsible for choosing which digital documents, including but not limited to E-shipments, to delete. The deleted digital documents will no longer be accessible to the Business User.
Upon deactivation or termination of the Service for a Business User according to section 11 below, all of the Business User's digital documents, including but not limited to E-shipments, and the Business User's account history stored within the scope 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 option for the Business User to access additional features at a cost (see the section on Pricing and Payment below). The features provided at a cost are collectively referred to as "Kivra Business Plus."
Within Kivra Business Plus, Kivra offers the option of scanning physical mail for delivery to the Business User's digital mailbox.
If the Business User activates this feature, 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 use the scanning feature, the Business User needs to provide a physical address in Sweden ("Delivery address"). The Delivery address cannot be a P.O. box address, and it must be different from the Kivra address. The Business User is responsible for ensuring that the Delivery address is always correct and up to date.
Physical mail sent to the Kivra address will, under the conditions specified below, be opened, scanned, and then delivered digitally to the Business User's digital mailbox as E-shipments. The E-shipment is also assigned a Document ID. The E-shipment is delivered to the User within two (2) business days from the physical mail being delivered to the Kivra address.
Physical mail that has been digitally delivered to the Business User ("Original shipments") is archived by Kivra for seven (7) years from the date the mail is delivered to the Kivra address. As long as the Original shipment is archived, the User has the option to request that it be sent to the Business User's specified Delivery address for a fee as stated in the Price List. Delivery of Original shipments is done through regular postal service.
Physical mail that, according to Kivra's assessment, cannot be scanned, including but not limited to packages, payment cards, and other shipments in irregular formats ("Unscannable shipments"), will not be scanned or archived upon delivery to the Kivra address. Instead, Kivra will, for the fee specified in the Price List, within two (2) business days from the Unscannable shipment being delivered to the Kivra address, send the Unscannable shipment to the Business User's Delivery address. Delivery of Unscannable shipments is done through regular postal service or, if decided by Kivra, by courier. The Business User is responsible for informing senders not to send Unscannable shipments to the Kivra address. Unscannable shipments that cannot be delivered to the Business User due to the Business User not providing a correct or updated Delivery address will be destroyed.
The Business User is responsible for personally collecting registered mail sent to the Business User's Kivra address. The same applies to mail that, for any other reason, must be personally collected by the Business User. The User is responsible for informing senders not to send mail that must be personally collected by the recipient to the Kivra address.
Physical mail that, according to Kivra's assessment, constitutes marketing material or similar material, including but not limited to brochures, leaflets, and newspapers ("Marketing material"), will not be scanned or archived upon delivery to the Kivra address. Instead, Kivra will, without seeking approval from the Business User, destroy such Marketing material. Kivra cannot be held responsible for any direct or indirect damage suffered by the Business User as a result of the destruction of mail that Kivra has deemed to be Marketing material.
Physical mail delivered to Kivra that,
according to Kivra's visual inspection, cannot be deciphered will be returned to the sender. If such physical mail lacks a sender or the sender cannot be deciphered, Kivra will return the mail to the postal operator that delivered it to Kivra. The postal operator is responsible for handling the mail in accordance with the rules of the postal law regarding undeliverable mail.
Kivra is not responsible for the content or any errors or deficiencies in the physical mail delivered to the Business User as E-shipments, Unscannable shipments, or Original shipments. Kivra shall not be held liable in any way for any damage suffered by the Business User as a result of the content of the physical mail or any errors or deficiencies in the content that occurred before the physical mail was delivered to the Kivra address.
Within Kivra Business Plus, Kivra offers the receipt of email for delivery to the Business User's digital mailbox.
If the Business User activates this feature, the Business User is assigned a unique email address ("Kivra email address"). The User can then provide the Kivra email address to senders who send email to the Business User. It is the Business User's responsibility to inform senders to send email to the Kivra email address.
Email sent to the Kivra email address is received by Kivra and delivered to the Business User's digital mailbox as E-shipments under the conditions specified below.
Email that Kivra deems to be spam will not be delivered as E-shipments to the Business User's digital mailbox. Instead, Kivra will delete such email messages without seeking approval from the Business User. Kivra cannot be held responsible for any direct or indirect damage suffered by the Business User as a result of the deletion of email that Kivra has deemed to be spam.
Kivra will only deliver content in the form of plain text and attachments in the formats JPEG, PDF, and PNG to the Business User as E-shipments. Email containing attachments in other formats will not be delivered to the Business User.
Kivra is not responsible for the content or any errors or deficiencies in email sent to the Business User as E-shipments in plain text format. Kivra shall not be held liable in any way for any damage suffered by the Business User as a result of the content of the email messages or any errors or deficiencies in the content that occurred before the email message was delivered to the Kivra email address.
Within Kivra Business Plus, Kivra offers interpretation of incoming E-shipments. The interpreter identifies information in E-shipments to streamline the accounting process for the Business User in the accounting services connected to Kivra.
If the Business User activates this feature, Kivra classifies all incoming E-shipments as either "accounting records" or "other." E-shipments that Kivra deems to be accounting records will be interpreted by Kivra. E-shipments classified by Kivra as "other" will not be interpreted. The Business User is responsible for verifying the classification of incoming E-shipments is correct.
Kivra will interpret the E-shipments classified as accounting records by attempting to identify and validate the information required for accounting and linking it to the E-shipment. Kivra is not responsible for the accuracy of the interpreted information.
The User cannot modify or supplement the information interpreted by Kivra in Kivra Business Plus. Instead, this can be done in the accounting service to which the User has connected their digital mailbox. Kivra is not responsible for the accuracy of modified or supplementary information.
In Kivra Business Plus, the User can scan and upload digital documents without the limitations that apply in Kivra Business, as described above.
5. Prices and Payment
Certain parts of the Service are provided at a cost (see above under Kivra Business Plus). For current prices, refer to the Price List for Business Users.
Kivra invoices the Business User for the use of the Service in arrears.
The accepted payment methods and options will be specified in the Service and may vary over time.
In cases where the Business User purchases the Service through a reseller, pricing and invoicing will be governed between the Business User and the reseller.
6. Changes to the Service
Kivra has the right to make changes to the Service at any time, and the scope and design of the functions that can be used through the Service may vary over time. Kivra reserves the right to continuously develop, expand, restrict, or otherwise modify the design of the Service, technical features, systems, technical requirements for accessing the Service and other components, as well as the terms and conditions governing them.
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 any errors, delays, and/or interruptions. Kivra reserves the right to temporarily suspend the provision of the Service for service purposes, such as bug fixes, maintenance, and upgrades, at any time. Kivra is not responsible for updating the access rights to the Service.
8. Business User's Responsibilities for Access to the Service, etc.
The Business User is responsible for:
having the necessary connections and equipment for the Service, including a functioning 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.
regularly updating their contact information to ensure it is correct at all times and to ensure that the Business User has access to the specified contact information and that it is functional for receiving information from Kivra.
storing personal and user-specific information, such as user identity and password, or other documents, certificates, or devices used to access the Service in a secure manner and not disclosing them to any unauthorized persons. If a Business User suspects that such information has been accessed by an unauthorized person or is otherwise being misused, the Business User is obligated to immediately take action to restrict access to the Service and inform Kivra about the situation.
keeping their access rights updated in the Service.
regularly accessing E-shipments in their role as a Business User, even if the service has been terminated as a User.
transferring access to the Service and updating access rights in the event of a transfer of the business or organization.
9. Business User's Responsibility for the Use of the Service
The Business User is responsible for the activities carried out by the Business User and any other Users to whom the Business User has granted reading and/or management rights. Therefore, the Business User is responsible, among other things, for any transfer of information and digital documents, including but not limited to E-shipments, carried out by the Business User within the scope of the Service.
The Business User is responsible for ensuring that the digital documents saved in the Service do not violate applicable legislation.
The Business User may not use the Service in a manner that causes inconvenience or harm to Kivra or others. Therefore, the Business User may not, for example, handle digital documents, including but not limited to E-shipments, 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, without prior notice to the Business User, to delete and/or prevent the Business User from transferring information and/or digital documents, including but not limited to E-shipments. Kivra also has the right to suspend the Service for the Business User and terminate the Terms for the Business User with immediate effect. Please refer to section 12.2 for more information.
10. Processing of Personal Data
Except for Kivra's processing of personal data about representatives of the Business User, the Business User is the data controller for all storage and any other processing of personal data in the Service. Kivra acts as the data processor for these processing activities, and the relationship is governed by the Data Processing Agreement ("Data Processing Agreement"), which is a part of these Terms.
11. Liability and Limitations of Liability
Kivra is responsible for the information security in the Service.
Kivra is not liable for any damages arising from the Business User providing incorrect information during registration, the Business User's improper handling of the Service, or the Business User's improper handling of the information required to access the Service.
Kivra shall only compensate the Business User for proven and reasonable costs that have directly resulted from Kivra's negligence. However, Kivra shall not compensate the Business User for indirect costs, damages, or losses, such as loss of profits or other consequential damages, unless Kivra has acted intentionally or with gross negligence.
Notwithstanding the above, Kivra's total liability towards a Business User during any twelve-month period is limited to an amount equal to one-fourth (25%) of the current base amount according to the Swedish Social Insurance Code (2010:110).
The Business User must submit a claim for compensation to Kivra within three (3) months after discovering or should have discovered the damage. If a Business User fails to do so, the Business User forfeits the right to make the claim.
The rights granted to a data subject when Kivra acts as the data controller for the relevant processing, pursuant to applicable Swedish law, are not restricted by the provisions regarding Kivra's liability and limitations of liability.
Kivra's liability as a data processor to the Business User is governed by the Data Processing Agreement.
12. Force Majeure
Kivra is exempt from any obligation to pay compensation or other liability if damage or failure to act is due to an obstacle beyond Kivra's control that Kivra could not reasonably have foreseen and the consequences of which Kivra could not reasonably have avoided or overcome, including but not limited to war, natural disasters, lockouts or other labor disputes, fire, interruption of energy supply, and interruption in the operation of electronic data processing caused by the aforementioned. The same applies if a subcontractor to Kivra is affected by obstacles as referred to in this section.
13. Suspension and Termination of the Service
13.1 Rights of the Business User
A Business User has the right to terminate the Terms at any time by notifying Kivra that they wish to deregister their account. The authorized signatory has the right to terminate the Terms on behalf of the Business User. After termination, the Business User can continue to use the Service for a limited period to receive and read E-deliveries that the 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 relevant Senders have been informed of the termination and provided an opportunity to change the delivery method for deliveries to the Business User, but no later than fifty-two (52) days from the date Kivra receives the Business User's termination.
If the Business User has activated "Mina Meddelanden" (My Messages), this service must be terminated before the Business User can terminate the Service with Kivra. If the Business User has activated the Service through a reseller, the agreement with the reseller must be terminated before the Business User can terminate the Service with Kivra.
13.2 Rights of Kivra
Kivra has the right to, in whole or in part, terminate the Service for a Business User and terminate the Terms with immediate effect by providing written notice to the Business User if the Business User breaches their obligations under the Terms or violates regulations, official decisions, or provided instructions.
Kivra also has the right to, in whole or in part, terminate the Service for a Business User and terminate the Terms with three (3) months' notice by providing written notice to the Business User.
Kivra also has the right to, in whole or in part, terminate the Service for a Business User and terminate the Terms without observing a notice period if the Business User has not used the Service for a period of one (1) year or if the registration process for an account has not been completed within two (2) weeks.
Kivra shall observe confidentiality regarding digital documents, including but not limited to E-deliveries, handled via the Service and shall not gain unauthorized access to the content or disclose such documents to unauthorized persons. However, Kivra reserves the right to disclose or provide information that Kivra is obligated to disclose or provide according to the 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 amend and/or add to these Terms at any time. Any changes to the Terms shall be communicated to the Business User in a manner determined by Kivra at least thirty (30) days before the changes take effect. However, Kivra always has the right to immediately make such changes and additions as required by law, regulation, or official decision. If a Business User does not accept the changes and additions, the Business User has the right to terminate the Terms in accordance with section 13 above.
17. Assignment and Subcontractors
A Business User may not transfer these Terms or their rights and obligations under the Terms without prior written consent from Kivra.
Kivra has the right to transfer the Terms, or its rights and obligations under the Terms, in whole or in part, to companies within the same group as Kivra without the consent of the Business User.
Kivra has the right to engage subcontractors to fulfill its obligations under the Terms. In such cases, Kivra is fully responsible for the subcontractor's fulfillment of its obligations.
18. Choice of Law and Dispute Resolution
These Terms are governed by Swedish law.
Disputes arising out of these Terms shall be finally resolved through arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC"). The Rules for Expedited Arbitration shall apply unless the SCC, taking into account the complexity of the case, the value of the dispute, and other circumstances, determines that the Arbitration Rules shall apply. 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.