General Terms and Conditions
Last updated: 2025-10-15
The Vyer digital platform for property management and operation as well as the handling of building information is provided to the Customer as a software as a service solution (SaaS) via the Vyer website and includes the non-downloadable software that the Customer can access via the website, as well as other software, functionality, and other services and products that may be provided or made available to the Customer by Vyer from time to time (collectively referred to as "the Service"). You hereby confirm that you, as a representative of your employer or another legal entity (collectively "you" or "your") have read and accept and commit to following these General Terms and Conditions and Vyer's applicable and available policies from time to time (together with the Order Form "the Agreement") and that you hereby enter into a legally binding agreement with Vyer Technologies AB ("Vyer"). The use of and access to the Service is subject to the provisions of this Agreement, and in the event you enter into this Agreement on behalf of your employer or another legal entity, you hereby warrant that you have the authority and power to enter into this agreement on behalf of your employer or such other legal entity which thereby becomes a party to this Agreement ("the Customer").
Vyer and the Customer are referred to in this Agreement individually as "Party" and collectively as "the Parties".
1. Definitions
In this Agreement, the following terms and expressions shall have the meaning as stated below:
"General Terms and Conditions" means these general terms for the use of the Service;
"User" shall have the meaning given in section 3;
"the Agreement" means jointly these General Terms and Conditions, Vyer's applicable and available policies regarding, for example, personal data processing, the Order Form as applicable, and any data processing agreements entered into between the parties;
"Contract Period" means the period of time in an Order Form during which the Service is provided to the Customer;
"Order" means an order for a License to the Service through the Service, Vyer's website, through an Order Form or otherwise as may be provided by Vyer from time to time;
"Order Form" means an order form containing details of, as well as any special terms for, an Order as agreed between the Parties via the Service, Vyer's website, or otherwise as may be provided by Vyer from time to time;
"Customer" means the legal entity that has entered into this Agreement;
"Customer Data" shall have the meaning given in section 5;
"Confidential Information" shall have the meaning given in section 10;
"License" shall have the meaning given in section 4;
"License Fee" shall have the meaning given in section 7;
"Organizational Account" means the Customer's user account for the Service;
"the Service" means collectively Vyer's software that the Customer can access via the website, as well as other software, functionality, and other services and products that may be provided or made available to the Customer by Vyer; and
"Vyer" means Vyer Technologies AB.
2. Order
Vyer provides the Service and the rights in the Agreement are granted in accordance with an order of the Service that the Customer makes to Vyer ("Order"). Customers holding a License may place Orders and extend and/or modify their License. Each Order shall be placed via the Service, Vyer's website, or via a separate order form ("Order Form"). In case of conflicts between these General Terms and Conditions and an Order Form, the provisions in the Order Form shall take precedence.
3. Customer's Account
Organizational Account
The Customer uses the Service through an organizational account ("Organizational Account"). The Customer may have multiple users via the Service who have access to the Organizational Account and thereby can utilize the Service ("User"). The number of users within the customer's organization is unlimited beyond any limitations set forth in section 4 below, and the customer can thereby ensure that the entire organization’s user needs are met through the organizational account. The Customer hereby agrees to provide accurate and complete billing information, to safely store login credentials and passwords for the Service (including Users' login credentials and passwords), to act responsibly to avoid unauthorized use of the Service, and to promptly notify Vyer in the event the Customer becomes aware of unauthorized use of the Organizational Account or the Service. The Customer is responsible for its Users' use of the Service and for the Users' compliance with the provisions of this Agreement as for its own actions.
4. License and Permitted Use of the Service
The License
In accordance with the provisions of the Agreement and Vyer's applicable and available instructions from time to time, the Customer is granted a non-exclusive, non-sublicensable, and non-transferable license to access and use the Service internally in its operations for its intended purposes ("the License").
Restrictions
The Customer may not, either manually or automatically, provide users access to the service through its Organizational Account in an evidently unjustified extent which constitutes an abuse of the service. The Customer may not also provide access to the service for users who are not associated with the Customer's organization.
The Customer may not itself, or allow third parties to, (i) license, sell, transfer, distribute or otherwise commercially exploit or make the Service available to third parties, (ii) circumvent or otherwise interfere with the Service's security features, (iii) copy, decompile, decrypt or otherwise make alterations to the Service, (iv) modify, improve, alter or create derivative works of the Service, (v) use the Service in a manner that disrupts the function of the Service, imposes an unreasonable burden on the Service, or can lead to transmission, distribution, or uploading of materials that contain harmful code, including but not limited to viruses, worms, trojan horses, spyware, or other potentially harmful programs, materials, or information, or (vi) use the Service in a manner that violates applicable laws and regulations, this Agreement and/or any applicable third-party terms and conditions.
Suspension/Restriction of Access
If Vyer has reason to suspect that the Customer is using the Service in violation of this Agreement and/or in such a way that Vyer and/or a third party may suffer harm or otherwise violate this Agreement, the Customer shall, at Vyer's request, cease such use. If the Customer does not cease such use within seven (7) days from Vyer's notification thereof, Vyer has the right to immediately suspend or restrict the Customer's or a specific User's access to the Service without limiting Vyer's right to terminate the Agreement in any way.
Infringement Notification
The Customer shall promptly inform Vyer if the Customer (i) discovers any infringement or attempts at infringement that may affect the Service, and/or (ii) becomes aware of or has reason to believe that claims will be made against the Customer or Vyer due to the Customer's use of the Service.
5. Data
Customer Data
Customer data includes all information uploaded to the Service by the Customer or Users, manually or through sharing from internal systems, or by Vyer in cases where Vyer assists with information import to the Customer's Account including but not limited to, building data, information concerning smoke detectors, card readers, fans, and similar, messages, attachments, files, cases, components, properties, groups, and other similar content and information ("Customer Data").
Aggregated Data
Aggregated data includes all anonymized and collected data resulting from the processing of Customer Data or access to or use of the Service by the Customer or Users that cannot in any way identify the Customer or Users as well as all statistics or other analysis, information or data based on or derived from the Service ("Aggregated Data").
Use of Customer Data
The Customer hereby grants Vyer an irrevocable, non-exclusive, non-transferable right to use Customer Data: (i) as necessary to provide, improve and develop the Service and fulfill its obligations under this Agreement, (ii) to prevent and address technical and security-related issues, (iii) to provide support, (iv) to investigate any breaches of this Agreement, and (v) in accordance with what is otherwise agreed in writing by the Customer. Vyer's right to use Customer Data for the purpose of improving and developing the Service shall apply without limitation in time and notwithstanding the termination of this Agreement.
For the processing of data that also constitutes personal data, see specifically section 11 (Personal Data) below.
Customer's Responsibility for Customer Data
The Customer is responsible for the accuracy, quality, legality, reliability, and appropriateness of Customer Data, as well as that necessary permissions/approvals are in place for uploading Customer Data to the Service. The Provider maintains daily backups of Customer data. This is done daily based on the type of data. A backup is retained for at least 14 days in the past. However, the purpose of these backups is limited to allowing the recovery of data in the event of loss not caused by the Customer's intentional actions. The Provider is not responsible for data being preserved indefinitely, and the Customer may not rely on such data being available for recovery after it has been intentionally deleted or otherwise permanently removed by the Customer. Vyer commits to take commercially reasonable measures to maintain the security and integrity of Customer Data in the Service and protect it from unauthorized intrusions, but shall under no circumstances be held liable for any loss of Customer Data.
6. Intellectual Property Rights
Vyer's Intellectual Property Rights
The ownership of the Service (including user interface, content, information, features, and other material included or displayed on the Service (excluding Customer Data)) and all intellectual property rights related thereto (including but not limited to inventions, designs, copyright and neighboring rights) as well as all Aggregated Data belongs to Vyer or third parties as applicable.
Customer's Intellectual Property Rights
The ownership of Customer Data and any intellectual property rights related thereto belong to the Customer, or third parties as applicable, and Vyer makes no claims of ownership to Customer Data.
Transfer of Rights
Except as explicitly stated in this Agreement, no intellectual or other rights held by Vyer, the Customer, or third parties shall pass to the Customer, Vyer, or third parties under this Agreement and nothing herein shall be construed as the Customer or Vyer transferring any rights to the other Party in whole or in part. Except as expressly set forth in this Agreement, no Customer or Vyer shall have any rights to use the other Party's intellectual property rights, regardless of purpose, without the prior written consent of the other Party.
Development of the Service
All intellectual and other rights, including but not limited to copyright and neighboring rights as well as intellectual achievements that Vyer, alone or together with the Customer or third parties, creates within the framework of the Customer's use of the Service (e.g., in connection with changes or customizations of the Service to meet the Customer's needs), shall belong to Vyer and/or Vyer's subcontractors/licensors (as applicable) from the time of the creation of the right with full and unrestricted ownership and usage rights, including but not limited to the right to freely assign, change and modify such rights.
Third Party Software
Any software belonging to third parties included in the Service is provided in accordance with the respective third-party's licensing terms for such software.
7. Fees and Payment
Fees
For the License, the Customer shall pay Vyer a license fee applicable for the Agreement period ("License Fee") in accordance with an Order Form. The License Fee is calculated based on the number of activated square meters over time for each property according to the calculation model established in consultation between Vyer and the Customer. Size and license fee are stated in the order form for each property.
Prices in an Order Form are always stated exclusive of value-added tax. Standard data traffic fees may, however, apply in connection with the use of the Service.
Payment
Vyer invoices the Customer according to the time interval stated in the order form as agreed between the Parties.
The Customer shall pay the invoice within thirty (30) days from the invoice issuance date. If the Customer pays late, Vyer has the right to charge late interest in accordance with the Interest Act (1975:635). In case of written payment reminder, a reminder fee of sixty (60) kronor shall be charged unless otherwise follows from mandatory law.
If the Customer does not pay the fees under the Agreement, Vyer has the right to immediately suspend or restrict the Customer's or a specific User's access to the Service without affecting Vyer's right to terminate the Agreement in any way.
8. Support
Vyer shall, based on what is stated in the agreement through communication between Vyer and the Customer or in the respective order form, provide support to the Customer regarding the Service. In addition to this agreed support in the respective order form, Vyer continuously works to develop the Service, including support for it. Support is available via the email address support@vyer.com.
9. Changes to the Service
Changes
Vyer has no obligation to change or further develop the Service or provide specific functionality. Vyer has the right to change, update, add new functionality, and/or remove functionality in the Service at its discretion and without any obligation to notify. However, Vyer commits to notify the Customer if such change or update results in a significant change to the Service or otherwise in Vyer's reasonable assessment may result in a significant deterioration of the Customer's use of the Service.
Maintenance
Vyer shall, to the extent commercially reasonable, attempt to schedule any changes and maintenance work at such time, and carry out the work in such a manner, that causes the least inconvenience to the Customer.
10. Confidentiality
Confidential Information
In connection with this Agreement, a Party may receive or be exposed to information that is not publicly known and that is marked as, or reasonably should be understood by the receiving Party to be, confidential (“Confidential Information”). Confidential Information means any disclosure and information, technical, commercial, or otherwise including, but not limited to, the Service, Order Forms, Customer Data, Aggregated Data, strategies, results, analyses, methods and models, product plans, financial information, cost structures, business processes, and technical documentation and information.
Exceptions
Confidential Information does not include information that (i) at the time of disclosure is or later becomes available to the public in any way other than through breach of this confidentiality provision, (ii) the receiving Party can demonstrate it knew before receiving, (iii) is developed independently by the receiving Party without use of Confidential Information, or (iv) is lawfully obtained by the receiving Party in any manner other than through breach of this confidentiality provision.
Care
Unless otherwise expressly stated in this Agreement, the receiving Party hereby agrees not to, without the other Party's consent, disclose, reveal, utilize, provide, transmit or otherwise disseminate Confidential Information to third parties. The receiving Party shall ensure that only employees, contractors, subcontractors, or other third parties who need access to Confidential Information in order to fulfill their commitments under this Agreement have access to it, and shall ensure that employees, contractors, subcontractors, and such other third parties who have access to Confidential Information are informed of and adhere to confidentiality of the same content in this Agreement.
Mandatory Disclosure
The confidentiality obligation above does not prevent a Party from disclosing such Confidential Information that the Party is required to disclose by law, court, government decision, or under applicable stock market rules or any other recognized market regulations, provided that the Party, if permitted by law, notifies the other Party in reasonable time before such disclosure so that the Party can take appropriate protective measures.
11. Personal Data
Vyer's Responsibility for Personal Data
Vyer is the data controller for the personal data provided by the Customer to Vyer and which Vyer processes to provide the Service, such as enabling the Customer to create an Organizational Account and for Vyer to provide support. More information about Vyer's processing of personal data and the rights of data subjects is available in Vyer's privacy policy, which is available on Vyer's website (https://vyer.com/villkor/privacy).
Customer's Responsibility for Personal Data
The Customer is the data controller for personal data included in Customer Data or otherwise supplied to the Service by the Customer. In cases where the Customer's personal data is processed by Vyer as part of the provision of the Service under this Agreement, Vyer is the data processor. The Customer acknowledges and hereby consents to Vyer processing such personal data in accordance with the Agreement and Vyer's data processing agreement, which is available on Vyer's website (https://vyer.com/villkor/persondata). The data processing agreement constitutes an integral part of this Agreement between the Customer and Vyer. Vyer hereby commits to process the Customer's personal data in accordance with the processing agreement, applicable data protection legislation, and to only use such personal data to fulfill its obligations under this Agreement. In the event that Vyer uses subcontractors who process personal data as sub-processors for Vyer, Vyer commits to enter into sub-processing agreements with the supplier and otherwise comply with the processing instructions in the data processing agreement.
12. Duration and Termination of the Agreement
The License is not tied to any binding period. The Customer therefore has the right to terminate its License with immediate effect upon Vyer's confirmation of the Customer's notice of termination. The Customer shall terminate the License through its Organizational Account via the Service or otherwise by sending a notice of termination via email, in which case Vyer commits to confirm such termination without undue delay.
This Agreement and the License shall commence from the date that the Customer signs an Order Form.
This Agreement shall remain in effect until the Customer or Vyer terminates the License. The License shall automatically renew for one (1) Contract Period at the end of the Contract Period if the Customer has not notified Vyer that the Customer wishes to terminate the License. To avoid being invoiced for the License for a relevant Contract Period, the Customer must terminate its License before the date such automatic renewal occurs.
Vyer reserves the right to terminate the Customer's License with immediate effect, including but not limited to in cases where the Customer breaches this Agreement.
A termination of the License shall not affect Orders placed by the Customer and confirmed by Vyer before the time of termination. In such a case, the Order shall be annulled, and Vyer has the right to compensation for the work performed by Vyer up to the time of termination.
Upon termination of the Agreement, the Customer's License shall immediately cease to apply, which means that the Customer's and its Users' access to, and right to use, the Service is terminated. Vyer shall not be liable in any circumstances to the Customer or third parties for the termination of the Customer's right to access or use the Service, or part thereof. Upon termination of the Agreement, the Customer shall immediately cease its use of the Service, pay all outstanding fees to Vyer, and the Parties shall promptly return the other Party's Confidential Information without undue delay. All provisions in this Agreement that are by their nature intended to survive the termination of this Agreement shall continue to apply.
13. Communication
All communication between the Parties regarding the Agreement shall be conducted electronically via email or via the Service. Vyer has the right to provide information regarding the Service via email, through the Service, or otherwise by publishing on Vyer's website. Important information concerning the Service and the Agreement shall primarily be sent to the Customer's account responsible users, as indicated by the Customer through the Organizational Account, via email and secondarily made available via the Service or published on Vyer's website. The Customer shall provide Vyer with an updated email address so that Vyer can send messages to the Customer. In the event that the email address provided to Vyer is invalid, or cannot receive messages from Vyer, the Customer hereby acknowledges and agrees that a message shall be deemed to have been received by the Customer upon Vyer's sending of such message.
Publicity
The Customer acknowledges and agrees that Vyer publicly discloses that the Customer is a customer of Vyer and grants Vyer the right to use the Customer's name and logo in marketing materials. Vyer acknowledges and agrees that the Customer publicly discloses that Vyer is a provider to the Customer.
14. Liability and Warranty
Limited Warranty
The Service is provided as-is. Vyer makes no warranties, either express or implied, regarding the Service, including but not limited to warranties regarding functionality, quality, suitability, purpose, or results achieved. Vyer does not guarantee that the Service operates without errors or that the Customer can access or use the Service without interruptions or downtime.
The Customer acknowledges and agrees that the Customer assumes sole responsibility for its use of the Service, for the intended purposes of the use, and the information that arises or is generated therefrom. It is the Customer's responsibility to verify the accuracy and/or suitability of such information before it is used by the Customer. Vyer is not liable for any economic or other decisions made by the Customer based on its use of the Service.
Liability Limitation
Each Party shall not, unless willful misconduct or gross negligence is present, be liable in any case for indirect damage or loss sustained by the other Party or third parties, including but not limited to, loss of revenue, loss of data, loss resulting from the inability to use the Service as intended, loss resulting from any decline or loss of revenue or production, and/or lost savings or goodwill.
Equipment
The Customer's access to, and use of, the Service depends on the Customer having such equipment and software as enables access to browsers and a functioning internet connection. The Customer acknowledges and agrees that the Customer assumes sole responsibility for holding such necessary equipment and software.
Third-Party Products
Vyer is not responsible for the functionality of third-party products or for errors or disruptions in the Service caused by third-party products. Vyer is not liable for any infringement of rights of third parties by third-party products.
Claim for Damages
Each Party shall, in order not to lose its right to make a claim for damages, notify the other Party no later than ninety (90) calendar days after the aggrieved Party has realized or should have realized its damage, unless otherwise specified by applicable law.
Pricing of the Service
The Customer acknowledges that the price of the License is set in relation to, and to fairly and reasonably reflect, Vyer's limited liability under the Agreement. In the event that the Customer objects to a provision in this Agreement or otherwise becomes dissatisfied with the Service, the Customer's sole available remedy is to cease its use of the Service and terminate its License in accordance with the provisions of the Agreement.
15. Indemnity
The Customer shall indemnify and hold Vyer harmless against all claims made by third parties against Vyer due to Customer Data, the Customer's use of the Service, and/or breach of the Agreement.
Vyer shall indemnify and hold the Customer harmless against all claims made by third parties based on the Service, or parts thereof, in the Customer's use of the Service in accordance with the provisions of this Agreement, infringing third-party intellectual property rights.
The Parties' indemnification obligations are conditioned upon the Party promptly notifying the other Party of receipt of a claim from a third party (i) regarding the third party's claim, (ii) giving the other Party exclusive authority to investigate, contest the claim, or reach a settlement, and (iii) providing information and assistance that is reasonably necessary for the other Party to contest the claim or reach a settlement, at the other Party's expense.
If the Service is, or in Vyer's reasonable judgment is likely to become, the subject of an infringement claim from a third party as stated in this section, Vyer reserves the right at its discretion: (a) to obtain the right for the Customer to continue using the Service; (b) to replace or modify the Service to the extent necessary to avoid such infringement claims; or (c) if neither (a) nor (b) can reasonably be done, to terminate the Customer's right to use the Service and thereby refund a proportionate share of any fees paid by the Customer for the Customer's future use of the Service. Notwithstanding this, Vyer shall under no circumstances be liable for claims made by third parties based on: (i) modifications or changes to the Service made by anyone other than Vyer, (ii) the Customer's continued use of the Service after being informed of a modification or change that results in the Service no longer infringing third-party intellectual property rights, or (iii) use of the Service in any manner other than permitted by the Agreement.
16. Force Majeure
If a Party is hindered from fulfilling its obligations under the Agreement due to circumstances that the Party cannot control and that the Party could not have foreseen at the time of the Agreement's conclusion, such as, for example but not limited to, lightning strikes, fire, strike, pandemic, war, confiscation, government actions, or riot, as well as faults or delays in services or products from subcontractors due to circumstances as noted, this shall constitute a ground for relief that leads to a postponement of the performance and release from any potential damages and other penalties. The Party invoking relief under the provisions above shall without delay notify the other Party thereof.
17. Miscellaneous
Amendments and Modifications
Vyer has the right to make additions to and changes to this Agreement from time to time. The Customer shall be notified of changes to the Agreement. Such changes shall take effect immediately upon notification to the Customer. If the Customer does not accept the notified changes or additions, the Customer has the right to terminate the Agreement with immediate effect. If the Customer has not notified Vyer that it does not accept the changes or additions within one month after being informed of this, the Customer's continued use of the Service shall be deemed to constitute acceptance of these changes and/or additions.
Assignment
Vyer has the right to fully or partially assign its rights and obligations under the Agreement. The Customer may not assign its rights or obligations under the Agreement or sublicense its rights under the Agreement to any third party. In the event the Customer assigns a property for which the Service is provided to a third party, the Customer shall notify Vyer of this immediately. At the Customer's request, Vyer, according to a separate agreement between the Parties, may assist the Customer in exporting Customer Data related to the relevant property to such third party.
Complete Regulation
This Agreement constitutes the complete regulation of all matters concerning the Agreement and supersedes all verbal or written representations made prior to the Agreement.
18. Applicable Law and Dispute Resolution
The Agreement shall be interpreted and applied in accordance with Swedish law, except for its choice of law provisions. Disputes arising from the Agreement and related matters shall be finally resolved by a general court with Stockholm District Court as the court of first instance.