1. Service Description
Komply.1 provides Recoger, a web-based solution that helps organizations manage their devices, software, SaaS applications and tools, including functionality for compliance requirements. The service is provided on a Software-as-a-Service (SaaS) basis.
This Agreement governs your subscription and your end users' access to and usage of the Service.
2. Acceptance of Terms
By subscribing to our Services, you accept these Terms of Service.
- The Service may be accessed either as an individual or on behalf of a company. If accessing on behalf of a company, you warrant that you are authorized to represent the organization and accept these terms on its behalf.
- These terms may be modified from time to time. All contract renewals will be subject to the terms in effect at the time of renewal.
3. Software Access and Restrictions
Subject to these terms, we grant you a limited, non-transferable and non-exclusive right to access and use Komply.1's proprietary hosted software products and related documentation.
Komply.1 hosts the Service and makes it available via web browser, app or similar. Nothing in these terms transfers any rights in or to the Service other than those specifically stated. We are not obligated to provide copies of programs or code.
You shall not:
- Copy, modify, alter or create derivative works from the Service
- Lease, rent, distribute, or resell the Service
- Use the Service as the basis for creating a competitive solution (or assist a third party to do so)
- Upload or distribute content that is unlawful, fraudulent, defamatory, abusive, contains viruses, or is otherwise objectionable
- Use any robot, spider, or automated process to monitor or copy content from the Service
You will use the Service in compliance with all applicable local, regional, national, and international laws.
4. Account Registration
To use Recoger, you must create an account. You agree to:
- Provide accurate, current information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
5. Payment Terms
5.1 Pricing and Taxes
If your company resides within the EU/EEA, fees include local value added tax (VAT). If outside the EU/EEA, fees exclude relevant duties or taxes, and you are responsible for payment of all such taxes or duties.
5.2 Subscription Renewal
Unless agreed otherwise, your subscription renews automatically each term (monthly or yearly) until terminated in accordance with this agreement.
5.3 Annual Subscriptions
Yearly subscriptions require a minimum commitment of one year. You will be invoiced in the first month of the annual commitment period. Annual subscriptions automatically renew for subsequent one-year periods unless terminated.
5.4 Payment Due
All payments are due within 15 days from the invoice date. If you fail to pay within 15 days, your access to the Service may be suspended until outstanding invoices are paid.
5.5 Price Adjustments
Prices may be annually adjusted to compensate for increasing costs. Price increases will not exceed 5 percentage points annually. Adjustments will be communicated in writing and shall not apply to periods already paid for.
6. Data Protection
The safety of your data is a priority to us. See our Privacy Policy for how we protect and handle your data.
- We comply with Sweden's data protection laws and GDPR.
- In the event of a data breach, you will be promptly notified of the nature and scope, and we will initiate remedial actions consistent with industry standards.
- For business customers processing personal data, we offer a Data Processing Agreement (DPA).
7. Proprietary Rights
Komply.1 owns all rights, titles and interests in and to the Software, including all intellectual property rights. We retain all rights to the Software and Service, including any modifications or enhancements, regardless of whether you have provided input.
Your data: You retain all rights to data uploaded to the Service by you. We have no rights or interests in your personally identifiable information.
Analytics: Provided that such use does not reveal personally identifiable information, we may collect and use performance and transactional data related to Service usage for our business purposes.
8. User Responsibility
You accept that Komply.1 does not exercise control over your specific decisions made using the Service. You assume full responsibility for all decisions made with respect to your use of the Software and agree to use it at your own risk.
It is your sole responsibility to ensure your company's compliance with all applicable laws when using the Service.
You will be held responsible for the actions of your employees using the Service. You shall indemnify us from any claims by other users, customers or third parties on account of illicit use of the Service by you or your employees.
9. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance that temporarily affects availability. Paid licenses include basic support at no additional charge.
10. Liability Limitation
We shall be liable for damages only if such damages are caused by:
- Gross negligence, malicious intent, or malicious deception
- Injury to life, body, or health
- Breach of fundamental contract obligations (basic duties forming the essence of the Agreement)
In no event will either party be liable for lost profits, lost opportunities, or indirect, special, incidental, or consequential damages.
Aggregate liability shall not exceed the total amount paid for the Services in the 12 months preceding the first incident giving rise to liability.
Liability for claims relating to personal data processing is limited to SEK 1,000,000.
Claims for damages must be submitted no later than 6 months from when the damage occurred, and never later than 3 months from expiration or termination of the Agreement.
11. Term and Termination
These terms become effective upon commencement of your subscription and apply until all subscriptions have expired or been terminated.
Termination by You
- Monthly subscriptions: May be terminated with 30 days notice before term expiry
- Annual subscriptions: May be terminated with 3 months notice before the agreement conclusion
- Termination requests should be sent to support@recoger.co
- No refunds or credits are provided for termination unless otherwise agreed
Termination by Us
We may terminate or suspend your access without liability if we have a good faith belief that you have violated these terms and you did not remedy the violation within 30 days of notice.
After Termination
Upon termination, your right to use the Service ends immediately. We will retain your data for 30 days to allow for export, after which it will be deleted.
12. Changes to Agreement
We may modify this Agreement at any time. Material changes will be notified via email. The latest version will always be available on our website. Amendments become effective the business day following posting.
We continuously improve the Service, which means new modules and functionalities may be created ("New Services"). New Services are not automatically included and may be subject to additional fees.
13. Publicity
You agree that we may disclose the fact that you are our customer. While this Agreement is in effect, you grant us the right to reference your company name and logo in marketing materials online and offline.
14. Governing Law and Disputes
These terms shall be governed by and construed in accordance with Swedish law, without application of conflict of laws principles. Any dispute arising out of or in connection with these terms shall be finally settled by the competent ordinary courts of Sweden.
15. Miscellaneous
- Neither party may assign rights or obligations under these terms without prior written consent of the other party.
- If any provision is found invalid or unenforceable, all other provisions remain valid. The invalid provision shall be replaced with a valid provision that reflects the original economic intention.
- These terms comprise the entire agreement between us with respect to the Service and supersede all prior representations, agreements and understandings.
- Notice of termination must be delivered in text form (e.g., email) to be effective.
16. Contact
For questions about these terms:
Komply.1 AB
Org.nr: 559480-3560
Sturehillsvägen 46, 117 56 Stockholm, Sweden
Email: legal@recoger.co
Support: support@recoger.co
Related Documents
These Terms of Service should be read in conjunction with our Privacy Policy, Data Processing Agreement, and Service Level Agreement.