Last updated: 14 February 2023

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“).

Contact information

You may contact us by using any of the contact details set out below (“Contact Information“):

Telephone number: +46 10 3308600

Email address: hello@aqvify.com

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. 

Definitions

“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.

“Privacy Policy” means our Privacy Policy (https://aqvify.com/terms) which describes how we process personal data.

“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.

Price information

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 information

Payment for the Services can be made in accordance with what is set out below.

We offer payments by way of:

• Invoice

• Card payment

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.

Eligible customers

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

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.

Termination

Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you in accordance with our Privacy Policy, with exception for any personal information that we are required to keep by law.

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. 

Trial period

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.

Warranty

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.

Defects

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. 

Complaints

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).

Delay

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:

• Withhold payment.

• 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).

Cancellation

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.

Withdrawal exemptions

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.

Refunds

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.  

We process your personal data in accordance with our Privacy Policy.

Our rights

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. 

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 

Last updated: February 14, 2023

Information about Aqvify

These terms and conditions (the “Terms“) are provided by Aqvify AB (559280-8801) (“Aqvify“, “us“, “our” or “we“).

Aqvify provides services and hardware to “connect” and be able to measure activity in your well or tank. The information is then made available in your account in Aqvify’s app and/or Aqvify’s Site.

Aqvify’s General Terms and Conditions for Services can be found on our Site.

Contact information

You may contact us by using any of the contact details set out below (“Contact Information“):

Telephone number: +46 10 3308600
Email address: hello@aqvify.com

You can also contact us through thru chat on https://www.aqvify.com.

Agreeing to the Terms

By ordering Hardware you agree to the Terms.

Changes to the Terms

We may modify these terms at any time. The terms and conditions that are available on the Site when you order Hardware from us will be the one that applies if we accept your order. 

Definitions

“The App” refers to our application which is accessible via computer and/or mobile phone and which relates to the Service.

“Contact Information” means the information set out under the section “Contact Information” above.

“Functions” means the Site and the Hardware, jointly.

“Hardware “ means the product described under section “Hardware” below which we have made available through the Site, together with any such other related equipment, services and information made available by us to you.

“Installation” means installing the Hardware in the intended well, tank or similar.

“Privacy Policy” means our Privacy Policy (https://www.aqvify.com/privacy) which describes how we process personal data.

“Site” means our website (https://www.aqvify.com) and its sub-sites in various languages.

Description of the Hardware

The hardware we provide usually consists of a communication box (the Aqvify box), a sensor for level measurement (or another entity) in a water well or tank, a mains adapter, an extension cable between the communication box and the sensor, and various installation materials. The hardware can also consist of spare parts, accessories such as an external antenna, relay, or other goods. (“Hardware”). More information about the Hardware can be found on the Site.

The Hardware can only be used together with a valid service and subscription as per Terms & Conditions for Services found on our Site.

Order of Hardware

We ask you to order the hardware in accordance with the instructions on the Site.

We use WooCommerce as ordering system and will send an order summary to the supplied e-mail address that provides you with the possibility to verify to order content.

Our confirmation of your order will take place when we email you an order confirmation. Our confirmation means that a contract has 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.

We archive our agreements with you.

If you need to change an order, please contact our customer service team using the Contact Information above. 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 Hardware, 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.

Delivery of Hardware

During the order process we will let you know when and where we will deliver the Hardware to you, including any pertaining goods or digital content. Standard delivery time is up to 25 working days. During high season and sales, the delivery can take longer.

The delivery time depends on whether the ordered Hardware are in stock, or if they are Hardware that are out of stock. Orders containing both in-stock Hardware and Hardware that are out of stock, may be held until all out of stock Hardware are in stock at us, at which time we will dispatch the entire order.

We may, at our own discretion, deliver the Hardware by instalments in any sequence.

Delivery is made through the following freight partners:

• PostNord

• Schenker

• DHL

• UPS

You can read about our freight partners here: PostNord: https://www.postnord.se/, Schenker: https://www.dbschenker.com/, DHL: https://www.dhl.com/, UPS: https://www.ups.com/.

Some alternatives may involve freight cost which in such a case is clearly stated when ordering. The expected delivery time is specified during the order process. Note that delivery of large packages can be changed to home delivery and that light packages can be delivered in the mailbox at your registered address. We do not guarantee that the freight alternatives are available at the destination that you wish delivery to be made to.

We deliver with Europe. Delivery times, payment options, freight partners and freight cost may vary from what has been stated in these Terms if you want the Hardware delivered outside of Sweden. The specific terms applicable for a delivery of Hardware outside of Sweden will be communicated to you during the order process.

We have the right to charge you for handling that arises when you do not pick up your ordered Hardware in time from the place of delivery following transport of the Hardware. The same applies if you, or someone on your behalf, is not present at the time of delivery. We may cancel the delivery if you have provided us with incorrect, incomplete or inaccurate information before the delivery.

Title and risk of the Goods shall pass to you when delivery of the Goods is complete. 

Installation

As regards installation of the Hardware, it can either be done by you or a party that you contract, or be ordered as a service supplied by Aqvify. You will choose this during the order process.

Installation of Hardware if done or administrated by you

You are solely responsible for the installation of the Hardware in accordance with instructions on the Homepage, unless an installer is assigned by Aqvify.

Installation and other works performed by Aqvify

If you order installation work from us, then we will communicate with you the terms of payment that might apply to such work. You are obliged to keep the premises where the Hardware will be installed clear from any obstacles that can prevent the installation from being provided.

We have the right to charge you for costs and loss of time due to you acting in a way that affects our performance of the Installation, for example by not giving us access to the premises where we should perform the Installation or in any other way acting contrary to these Terms and other agreements that we might have reached. We may refuse to perform the Installation if you have provided us with incorrect, incomplete or inaccurate information before the delivery.

You agree to inspect the installation or other works performed by Aqvify and notify us withing seven (7) days after completion with any complaints.

We may at our own discretion use subcontractors when providing the services.

Price information

You must pay all applicable fees as set out and described on the Site for the Hardware that you have selected. The prices for the Hardware are set out on the Site and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes (as applicable). The Buyer shall be liable to pay VAT at the prevailing rate. The price of the Hardware provided to you will be the price indicated on the order pages when you placed your order.

We have the right to change the prices for the Hardware. If we change the prices, we will notify you in advance. By continuing to order the Hardware after the price changes come into effect, you agree to be bound by the new prices.

It is always possible that, despite our reasonable efforts, some of the Hardware on our site may be incorrectly priced. If the correct price for the Hardware is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Hardware at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Hardware and refund you any sums you have paid. 

Payment information

Payment for the Hardware can be made in accordance with what is set out below.

We offer payments by way of:

• Invoice

• Payment installments

• Card payment

• Direct payment

We offer payments in cooperation with “Stripe”, “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. Where we use a third party for payments, we will not have access to or store any payment information.

The Hardware may be paid for by credit or debit card. You must keep the payment information accurate and up-to-date.

We may invoice you for the Hardware in advance or in arrears, 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 upon ordering of the Hardware. 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. Payment after due date can entail late payment fees and interest.

Eligible customers

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 Hardware or use any of the Functions if you are below eighteen (18) years of age.

By ordering Hardware for a legal entity, you certify that you have the authority to enter into these Terms and to use all Features on behalf of that entity. If you are a business customer, these Terms constitute the entire agreement between us.

Use of the Functions

When you use the Functions, you must always comply with all applicable laws and these terms. You may not use the App or the Site in a manner contrary to our, or any third parties, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

You also agree not to:  

• Defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;  

• Publish, post or – in any other way express – any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;  

• Contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us, the Site and/or the App in any way;  

• Monitor the Functions’ availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Functions for the purpose of developing or operating a competitive product or service or copying the Functions’ features or user interface; or  

• Resell or in any way redistribute results generated in the Site and/or the App or use the Functions in order to create a competing service or product.  

• 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.  

Manufacturing

If the Hardware are manufactured in accordance with a specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses, including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of the your specification. This clause shall survive termination of these Terms.  

Use of the Hardware

The Hardware must only be used in Europe and in accordance with local rules and regulations, unless otherwise agreed in writing with Aqvify.

Other obligations

We assume that the information, including contact information, that you provide us with is correct and up to date. The information, including contact information, that you have provided to us will be used when we provide you with information and/or materials, such as digital content etc.

We only supply the Hardware to you for private use. You may not use the Hardware for any commercial, business and/or re-sale purposes.

Warranty

As regards any Hardware in physical form, we are liable for original defects, such as a manufacturing defect. A defect that becomes visible within twenty-four (24) months will be considered as having been there from start, unless we can prove that the defect was not there upon purchase or delivery. After twenty-four (24) months it is up to you to prove that the defect was there upon purchase or delivery.

We are not responsible for any defects caused by you, for example where you have not complied with maintenance instructions or if you have mistreated the Hardware.

Complaints

In the event that you consider the Hardware to be defect, you may make a complaint by using any of our Contact Information. You have to make the complaint within reasonable time (within two (2) months will always be considered as reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the purchase occasion of the Hardware.

In the event that we shall perform a repair or replacement you are obliged to make the Product available to us.

Your rights in the event of defects

In the event of defects, you may:

• Require repair of the Hardware or require a new delivery, meaning that you will receive other equivalent hardware, provided that it may be achieved to a reasonable cost for us.

• Require price reduction or compensation for repairing the Hardware.

• Terminate the agreement, provided that the defect is of material importance to you.

• Claim damages for costs that have arisen due to the defect. You may also claim damages in the event something other than the Hardware that belongs to you or your family has been damaged because of the defect Hardware.

We may first choose to repair the defect or provide you with other equivalent products, provided that this is done within a reasonable time.

Delay

Sometimes we may not deliver the Hardware within the period agreed between us (and you have not caused this delay). You can in the event of such delay:

• Require that we fulfil the order and deliver the Hardware.

• Terminate the agreement, provided that the defect is of material importance to you.

• Claim damages (you may claim economic damages for any damage caused by the delay).

Cancellation

You may always cancel the Hardware before they have been delivered to you. If you cancel the order, we are entitled to compensation for costs that we have had in relation to the order.

Third party services as a part of our Hardware

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 damages caused by an action or omission attributable to them. 

If you are a consumer, we only provide the Hardware for your private use. If you use the Hardware 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 Hardware you have paid for but not received.

How to exercise the right of withdrawal

In accordance with the Act on Distance Contracts and Off-Premises Contracts (Swedish distansavtalslagen) you have the right of withdrawal within fourteen (14) days from the day on which you receive the Hardware.

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 withdraw from a contract with us, we will reimburse all payments received from you provided that the Hardware are returned in an unchanged condition and have not lost in value due to your handling of the Hardware in a way that is not necessary for the examination of the Hardware. Refunds will be processed by using the same means of payment as you used for the initial transaction.

Any Hardware received that you no longer want must be returned by you. Hardware that you wish to return shall be returned without undue delay and in no event later than fourteen (14) calendar days from the day on which we are informed about your decision to cancel or until we have received evidence that the Hardware have been sent from you, whichever is the earliest.

To return any Hardware, you ship the items (including receipt or other proof of purchase) to the address under section Company information. We will ask you to pay for the shipping costs for returning the Hardware.

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Our rights

The Site is owned and operated by Aqvify. 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 prior written permission.

Respect for our property

You must not tamper with, attempt to gain unauthorised 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

The Hardware and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.

Swedish law shall apply to these Terms and our legal relationship in general. 

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 Swedish National Board for Consumer Disputes or by the competent ordinary court. In the event of a dispute at Swedish National Board for Consumer Disputes we will follow the Swedish National Board for Consumer Disputes decision.

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: SE559280-880101