The terms are originally written in Swedish and an English translation is available for reference purposes only. In the event of any discrepancies or interpretation issues, the Swedish version shall prevail.

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Trackmate AB develops and delivers a cloud-based service called Trackmate, hereinafter referred to as the “Service.” Trackmate AB, hereinafter referred to as the “Supplier,” undertakes to provide the Service to the Customer on the terms set forth in this agreement (the “Agreement”).

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Supplier

Trackmate AB
Kivra: 559390-0201 
106 31  Stockholm 
Sverige 
Org nr: 559390-0201

BACKGROUND & PURPOSE
Reusable load carriers can be used for transporting products and goods. To enable the return of these carriers to the sender for reuse, a system is needed to track their location and manage returns. The Supplier develops such a system—the “Service”—and the Customer uses  load carriers. Therefore, the Customer and the Supplier enter into this Agreement with the purpose that the Customer will use the Service for managing its load carriers.

 

COMMENCEMENT AND ACCEPTANCE

We are pleased that you have chosen to join the Service.

By accepting our terms during registration, you confirm that you have read and understood our terms and agreement.

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CUSTOMER´S RIGHT TO USE THE SERVICE
Through the Agreement, the Customer obtains a non-exclusive, non-transferable right to use the Service in its own operations via the Internet, subject to the agreed fees. The Customer may not copy, decompile, redistribute, or sublicense the Service or its included software, nor allow third parties to use the Service.

 

CHANGES AND DEVELOPMENT OF THE SERVICE
The Supplier reserves the right to implement changes to the Service and its provision without notifying the Customer.

 

SUBCONTRACTORS
The Supplier may engage and replace subcontractors to provide the Service—or parts thereof—and for obligations under the Agreement. The Supplier is responsible for work performed by subcontractors.

 

INTERUPTIONS AND ERRORS
The Supplier shall strive to make the Service available for the Customer’s use 24/7. However, the Supplier may at any time, without prior notice, suspend access to the Service for maintenance, to protect it from unauthorized attacks, or for technical, operational or security reasons. The Supplier will, where possible, inform the Customer of such planned interruptions.

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An error exists when the Service does not conform to the service description. The Supplier regularly updates and corrects faults in the Service and included software. The Customer must report faults in writing within fifteen (15) days of discovering the issue, with a detailed description. The Supplier’s responsibility is limited to taking reasonable action to remedy the fault within a reasonable time. The Customer is not entitled to fee reductions, compensation, or damages due to errors, interruptions, or limited access.

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The Supplier is not liable for faults caused by operational conditions differing from the Agreement, misuse, third-party products, or circumstances beyond the Supplier's or third party's control. If no fault for which the Supplier is responsible is found, the Supplier has the right to compensation for incurred costs due to the complaint.

 

REQUEST FOR DEVELOPMENT OR CUSTOMIZATION
If the Customer wishes to order development or customization off/for the Service, such requests must be submitted to the Supplier. The Supplier will, within a reasonable time, provide a work plan, timeline, and cost estimate. If the Customer accepts, both parties must formalize the order in a written agreement signed by both. The Supplier is not obligated to implement any customization or development requested by the Customer.

 

SUPPORT
The Supplier provides support services for the Service to the Customer, available via phone or email during business hours (08:00–16:00, weekdays). Third-party use of the Service (e.g., a Customer’s client) is expected to be supported by the Customer. Support is generally free of charge for the Customer but may be charged if the issue stems from use outside agreed routines. Support provided to the Customer’s clients  is always chargeable.

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The Supplier will inform the Customer in advance if a support case is considered billable, allowing the Customer to decide whether to proceed with the work.

 

TRAINING AND IMPLEMENTATION
The Supplier provides implementation and training services for the Service upon agreement.

These services shall be carried out with the professionalism and care expected from a reputable company in the industry, in accordance with this Agreement.

 

CUSTOMER RESPONSIBILITIES
The Customer is responsible for:
(i) Providing the Supplier continuous access to necessary information and systems;
(ii) Ensuring any required software licenses also cover Supplier usage;
(iii) Informing the Supplier of business and IT changes affecting the Service;
(iv) Ensuring data is in the agreed format;
(v) Using required software and equipment;
(vi) Addressing faults or malware in their own systems;
(vii) Managing the Service connection;
(viii) Ensuring only authorized users access the Service and handle login credentials confidentially;
(ix) Following API usage rules;
(x) Treating access data as confidential and reporting breaches immediately;
(xi) If using Trackmate under the Swedish Environmental Protection Agency’s system, ensuring return and recycling 
documentation and reporting obligations are fulfilled.

 

PERSONAL DATA PROCESSING
The terms governing the Supplier’s processing of personal data on behalf of the Customer are described in the Privacy policy.

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The Supplier may process personal data about the Customer’s contacts and users, such as names and contact details, to fulfill contractual obligations. Data is processed based on legitimate interest and is stored only as long as necessary. Data subjects may request access, correction, deletion, restriction, and portability of their data in accordance with applicable laws.

 

COMPENSATION AND PAYMENT
Service fees:

Service fees are based on the current price list or specific agreement. Price changes require 30 days' notice. Fixed fees are invoiced monthly in advance, variable fees in arrears.

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Training and implementation:

Are charged hourly unless a fixed price is agreed.

 

Additional expenses:

E.g., travel are reimbursable.

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SMS costs:

Are charged per use.

 

Payment terms:

Payment terms are 15 days, with late fees in accordance with applicable law. If the Customer delays payment for more than 15 days, the Supplier may suspend service. This does not limit the right to damages.

SERVICE RIGHTS
The Supplier retains all intellectual property rights to the Service and associated software. The Agreement only grants the Customer a limited right to use the Service.

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Customer generated data remains the Customer’s property, though the Supplier may use it to fulfill obligations or extract anonymous usage statistics. All anonymized data belongs to the Supplier.

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THIRD PARTY RIGHTS INFRINGEMENT
If a third party claims that the Service infringes on intellectual property rights, the Supplier will indemnify the Customer, provided the Customer notifies the Supplier immediately, gives full control of the case, and does not settle independently. The Supplier may secure usage rights, modify the Service, or terminate the Agreement if necessary. No compensation is due 
for actions taken under this clause. If the Customer’s data infringes on third-party rights, the Customer will indemnify the Supplier under similar terms.

 

CONFIDENTIALITY
Both parties agree to keep confidential information private during the term of the Agreement and for two years after termination,  except for information already public or received from a third party without confidentiality obligations. Employees and contractors must also adhere to confidentiality. Disclosure of the existence or content of the Agreement is prohibited except with compelling reason.

 

FORCE MAJEURE
A party is not liable for failure to fulfill obligations due to events beyond their control, such as legal changes, illness, strikes, communication failures, or major accidents.

 

LIMITATION OF LIABILITY
The Supplier is not liable for indirect damages like lost profits. Total liability is capped at one Swedish price base amount, unless caused by gross negligence. The Supplier is not liable for data loss except where caused by failure to back up, and then only to the extent restoration is possible. Claims must be made within six months.

TERMINATION
The Customer may terminate the Service via the admin portal, effective at the end of the current month. The Supplier may terminate with six months' notice. Immediate termination is possible for material breach or insolvency. No refunds unless stated otherwise.

 

If the Supplier discontinues the Service, three months' notice is required. Upon termination, the Customer must stop using the Service.

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DATA AFTER TERMINATION
After termination, the Customer has three months to request a copy of their data. Personal data is always deleted per GDPR.

ASSIGNMENT / TRANSFER OF AGREEMENT
Neither party may assign or transfer the Agreement without written consent, except within its corporate group 

 

AMENDMENTS
The Supplier may amend terms with 30 days' written notice to the Customer. Continued use implies acceptance of the changes.

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GOVERING LAW AND DISPUTE RESOLUTION
The terms are originally written in Swedish and an English translation is available for reference purposes only. In the event of any discrepancies or interpretation issues, the Swedish version shall prevail.

Swedish law governs this Agreement. Disputes shall be finally settled by arbitration under the Stockholm Chamber of Commerce's Simplified Arbitration Rules, in Swedish and seated in Stockholm. The Supplier may also pursue unpaid claims in public court.