Information about Aqvify
These terms and conditions (the “Terms“) are applicable to all services provided by Aqvify AB (559280-8801) (“Aqvify“, “us“, “our” or “we“) to our customers (“you“).
You may contact us by using any of the contact details set out below (“Contact Information“):
Telephone number: +46 10 3308600
Email address: firstname.lastname@example.org
You can also contact us through You can also contact us through thru chat on https://www.aqvify.com.
Agreeing to the Terms
By creating an Account and ordering the Services you agree to be bound by the Terms.
Changes to the Terms
We may modify these terms at any time. The terms and conditions that are available on the Site and in the App when you order the Services from us will be the one that applies if we accept your order.
“Account” means the account that you register and create on the Site and/or in the App.
“App” means our application that is accessible using purchased hardware and computer and/or mobile phone and that relates to the Service.
“Contact Information” means the information set out above.
“Functions” means the Site, the App, your Account and the Services, jointly.
“Hardware” means the hardware purchased by you from us in order to use the Service. For terms, warranties, etc. regarding the Hardware, please refer to [General Terms and Conditions for Hardware]. The hardware is necessary for you to be able to use the Service as promised.
“Services” means the services described under section “Services” below which we have made available through the Site, and the App, together with any such other related goods, equipment, services and information made available by us to you.
“Subscription Period” is defined under section “Term and termination” below.
“Site” means our website (https://aqvify.com) relating to the Services.
Description of the Services
We provide a platform to “bring your well or tank online” to provide you with information about the current and historical water levels in your well. We give you the opportunity to receive alerts at the lowest water levels you have activated using the App. The ambition is to give you the opportunity to use your well in a sustainable way and help you to be able to protect your well from overexploitation and possible saltwater intrusion.
The service can also provide calculated and approximate values of use and inflow given that the right conditions prevail. In cases where the well/tank has an unusually large inflow, no/too small water level difference occurs and then neither use nor inflow can be calculated reliably. If you are unsure of what applies to your well, please contact us (Contact information above). We therefore cannot guarantee that the correct inflow and/or use will be displayed in the App.
Groundwater level for your specific well is calculated daily based on the highest standing water level identified. If no stagnant level is identified, i.e. the well is constantly under filling, then accordingly no groundwater level is recorded.
We are not responsible for how the well is used or for any damage that occurs to the well due to how you use the Service. We do our best to capture metrics and notify you based on your settings to protect your well. However, we cannot guarantee that we can capture all risks as it is due to external factors such as, for example, unusually fast water inflows that make it difficult to calculate use and inflow and collaboration between our service providers to, for example, send SMS.
Calculations and metrics may change and be refined over time.
The information is made available in your account in Aqvify’s app and/or Aqvify’s website. (the “Service“). The service is further based on you making correct settings in the App regarding the diameter of the well, the lowest level you want to allow the well to be used to, and the depth at which the sensor is installed. More information about the Service is available on the Website and in the App.
The service may only be used in Europe and in compliance with local laws and regulations, unless otherwise agreed in writing with Aqvify.
Setting up an Account
For ordering of the Services, you must create an Account. You are not allowed to transfer the Account to others, and you may only sign up one (1) Account. Once an Account has been created, and payment has been made where prepayment is required, the Services will be available and ready to use, as instructed on the Site and in the App.
Several people who use the well/tank can use the service with the same underlying subscription. However, each individual user must have their own Account. We allow a maximum of five individuals to share the Service for the same well/tank, unless otherwise stated on the Site.
Order of Services
The Services shall be ordered in accordance with the instructions on the Site and the App.
Our confirmation of your order will take place when we email you and/or send you a confirmation in the App, at which point a contract will come into existence between you and us. If we are unable to confirm your order, we will inform you of this in writing and will not charge you anything. You are able to reach an agreement with us in English and Swedish.
If you need to change an order, please contact our customer service team using the Contact Information below. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Providing the Services
During the order process we will let you know when and where we will provide the Services.
Information about the delivery and installation of the Hardware necessary to perform the Service will be provided during the Hardware ordering process.
Limitations in the Service
The service includes a maximum of 25 SMS per month and subscription. This includes SMS sent to any users invited by you. Additional SMS is offered as an additional service unless otherwise stated on the Site.
PRICES AND PAYMENT
Payment for the use of the Service is made periodically in advance unless we agree otherwise in writing. Each payment will cover a Subscription Period during which you will have access to the Services.
You must pay all applicable fees etc as set out and described on the Site and/or the App or as they are set out in an agreement between us regarding the Services that you have ordered. The price for the Service can include costs for delivery, expenses and other costs incurred by us to perform the Services, and also value added tax (VAT) or other fees and taxes. The price of the Service is as stated on the order page when you place your order.
We have the right to change the prices for the Services. If we change the prices, we will notify you in advance. Price changes will take effect at the start of the Subscription Period following the date the prices were changed. By continuing to use or access the Services after the price changes come into effect, you agree to be bound by the new charges. You are entitled to cancel your subscription at any time, and you will continue to have access to the Services throughout your current Subscription Period.
If you have registered for a trial period of the Service, you will have access to all or part of the Service (as described on the Site and in the App) completely free of charge during the trial period.
Payment for the Services can be made in accordance with what is set out below.
We offer payments by way of:
The payments are offered in cooperation with Stripe and Fortnox. On your payment, the third party processor’s/provider’s terms and conditions will apply (Stripe: https://stripe.com/en-se/privacy, Fortnox: https://www.fortnox.se/om-fortnox/integritet-och-sakerhet/avtal-och-villkor). You may be requested to identify yourself and credit reports may be pursued by the third party processor/provider. Where we use a third party for payments, we will not have access to or store any payment information.
The Services may be paid for by credit or debit card. You must keep the payment information accurate and up-to-date.
We may in special circumstances invoice you for the Services in advance, with the frequency agreed for the period contracted. You agree that we may issue electronic invoices, which will be sent to the email address you have provided in your Account. You must keep the payment information accurate and up-to-date.
You agree to pay within the set time for the payment method you choose. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after due date can entail late payment fees and interest.
We offer the Hardware to individuals acting as consumers (as defined under applicable local law), companies and other legal entities.
You may not order the Services or use any of the Functions if you are below eighteen (18) years of age.
By registering an account and ordering the Service for a legal entity, you certify that you have the authority to enter into these Terms and to use all Functions on behalf of that entity. If you are a business customer, these Terms constitute the entire agreement between us. You may not resell the service without written approval from Aqvify. Please note that consumer protection legislation including such protection clauses in these Terms do not automatically apply to you as a business customer.
Use of the functions
When you use the Functions, you must always comply with all applicable laws and these Terms. In particular, you may not use the Site or the App other than through the interfaces provided by us and expressly permitted by the Terms. You may not use the Functions in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.
We may have to suspend the supply of any of the Functions to:
Deal with technical problems or make minor technical changes; or
Update changes to the Functions to reflect changes in applicable laws and regulatory requirements.
We will contact you in advance in case we need to suspend the supply of any Services. This does not apply if the problem is urgent or an emergency.
We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
TERM AND TERMINATION
The term for our Services commences upon creation of an Account with us and shall remain in force during the subscription period (“Subscription Period”). A Subscription Period can be monthly, yearly or longer.
At the end of each Subscription Period, your subscription will be automatically renewed for your selected subscription period (depending on the term of your current Subscription Period) unless terminated by you before the last day of your current Subscription Period.
Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
To terminate the Services such termination shall be made in writing and by contacting us using the Contact Information. Notwithstanding the above-mentioned, the Services will be deemed terminated when the Services has been completed.
In some cases, you may be offered to register to use the Service during a trial period. During the trial period, you then have access to all or parts of the Service (as described in more detail on the Website and App). If you wish to continue using the Service after the trial period, you must notify us of this at the end of the trial period at the latest.
We warrant that we will, where applicable:
Perform the Services professionally and with the correct and necessary competence.
Take care of your interests and consult with you in order to avoid misunderstandings where necessary.
Ensure that the Services are not performed in breach of the Swedish Product Safety Act (Sw. produktansvarslagen), the Swedish Consumer Services Act (Sw. konsumenttjänstlagen) or the Swedish Marketing Act (Sw. marknadsföringslagen).
Inform you in the event additional work is required.
Discourage you from using the Services in the event these are not of use for you.
Discourage you from using the Services in the event these are not of use for you.
The Services are defect in the following events:
The result has not been professionally performed (Sw. fackmässigt utförd).
We have not performed the Services in accordance with applicable security regulations, or in breach of the Swedish Product Safety Act or the Swedish Consumer Services Act.
The Services are not in accordance with what we have agreed.
We have not performed additional work which was necessary in order to avoid material damage.
The result is not in accordance with information provided in our marketing.
In order for the Service to work as promised, stable and secure internet connection via mobile network is required both to Aqvify’s communication box and your own device (mobile, tablet, etc.). Note that the communication box needs to be connected to the intended power source as specified in the Installation Instructions.
In the event that you consider the Services to be defect, you may make a complaint by using any of our Contact Information. You have to make the complaint within reasonable time (Sw. skälig tid). If you make a complaint within two (2) months it will be considered within reasonable time. More information about your right to make complaints can be found in 17 och 18 §§ the Swedish Consumer Services Act (Sw. konsumenttjänstlagen).
Your rights in the event of defects
In the event of defects, you may:
Withhold payment large enough to be security for your claim.
Require that the defect is corrected (normally without any cost for you).
Require price reduction (corresponding to what it would cost you to have the defect corrected).
Where the purpose of the Services has forfeited, and we ought to have understood that – you may terminate the agreement.
Claim damages (you may claim economic damages for any damage caused by the defect).
Sometimes we may not complete the Services within the period agreed between us (and you have not caused this delay). You can in the event of delay:
Require that we fulfil the Services.
Where the purpose of the Services has forfeited, and we ought to have understood that – you may terminate the agreement.
Claim damages (you may claim economic damages for any damage caused by the delay).
If you cancel the Services before they have been completed, we are entitled to compensation for the part of the Services that have already been performed, including reimbursement for services which we must provide due to the cancellation. We may also claim compensation for losses for the remaining part of the Services and loss of income for not being able to perform other work.
Third party services as a part of our Services
Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damage caused by an action or omission attributable to them.
If you are a consumer, we only provide the Service for your private use. If you use the Service for commercial and/or business and resale purposes, our liability to you is limited as follows:
we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for loss of profits, indirect or consequential damages arising under or in connection with a contract between us; and
our total liability to you for any other losses arising under or in connection with a contract between us, whether in contract, tort (including negligence), breach of statutory obligation or otherwise, shall be limited to the total amount you have paid for the Hardware under the applicable order/agreement. If you use the Hardware during a trial period or otherwise free of charge, our liability is limited to an amount equal to that period.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
Right of withdrawal
In accordance with the Act on Distance Contracts and Off-Premises Contracts (Sw. distansavtalslagen) you have the right of withdrawal within fourteen (14) days from the day on which you purchased the Service.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear written statement. Please contact us by using any of our Contact Information. You may also use this withdrawal form: The Swedish Consumer Agency’s (Sw. Konsumentverket) standard form, which you may find here.
To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you are a consumer and you withdraw from a contract with us, we will reimburse all payments received from you. Refunds will be processed by using the same means of payment as you used for the initial transaction.
Where we have already performed parts of the Services before you notify us your wish to withdraw, we are entitled to reimbursement at an amount proportionate to the amount payable for the full Services.
Your right as a consumer under the Act on Distance Contracts and Off-Premises Contracts to withdraw does not apply if the Services have been completed after you have agreed a) to us initiating the Services during the withdrawal period and b) that your withdrawal right is in such case not applicable.
Products specially manufactured upon your request.
Please note that once you have installed the Hardware and activated the service, the right of withdrawal no longer applies.
Unless otherwise expressly set out in these Terms, we do not provide refunds for returning a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of your dissatisfaction with the Services and/or the Functions.
As the subscription gives you access to the Services and the Functions (which are digital and not provided via a physical medium instantaneously after the purchase), we do not offer a right of return (such as refunding the subscription fee) unless withdrawal right is applicable in accordance with section “Withdrawal right”.
We can’t ensure that the reviews available on our website or app are reviews that comes from customers who have used or bought the products.
INTELLECTUAL PROPERTY RIGHTS ETC
The Site and the App are owned and operated by Aqvify. The Service and other information, including all copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
Respect for our property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source codes or information for any purposes.
Respect for our intellectual property rights
The Service and other information, including all associated intellectual property rights, provided and made available by us constitute our exclusive property. You may not use our exclusive property for any commercial or other purpose without our written consent.
Swedish law shall apply to these Terms and our legal relationship in general.
COMPLAINTS AND DISPUTES
If you have any complaints, please contact our support department by using any of our Contact Information.
We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).
Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court.
Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
Aqvify AB is an entity registered in Sweden.
Registered address: Cypressvägen 2 b, 13552 Tyresö, Sweden
Reg. No: 559280-8801
VAT Reg. No: SE559280880101