TERMS OF USE

re:nable marketing platform

1. Introduction

These Terms of Use (the ”Terms”) apply when an user who acts in the exercise of its business (“you”) uses Renable AB’s Swedish Reg. No. 559164-0114, (“Renable AB”, “re:nable,” “we,” or “our”) venture assessment and growth platform (the “Platform”). If you use the Platform as the representative of, or on behalf of, a legal person, such legal person will be bound by these Terms.  

2. Definitions

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;

“Free Version” means the basic version of the Platform provided free of charge or as a limited time trial.  The Free Version is subject to limited functionality of the re:nable Platform. We may amend, vary, or cancel any Free Version access at any time;

”Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights, and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, patents, utility models and rights in designs; 

“Personal Data” shall have the meaning described in the General Data Protection Regulation (EU 2016/679);

“Premium Version” means the premium version of the Platform provided as a subscription service with a monthly or yearly fee;

“re:nable Platform” is an application by re:nable used by marketers to enrich their product data for the purpose of improving their marketing performance;

“In-App Purchases” refers to additional functions, content, or credits purchased from within the Free Version or Premium Version (such as Generative AI token credits);  

“Privacy Policy” means the privacy policy applicable from time to time and accessible here;

“Tax” or “Taxes” means all applicable taxes, including but not limited to indirect taxes such as goods and services tax (“GST”), value-added tax (“VAT”), sales tax, fees, duties, levies, or other similar taxes. Unless otherwise stated, any consideration, amount payable, prices, fees, payment terms and/or other amounts are exclusive of Taxes.

“User Account” means the user account created by you as described in section 4;

“User Data” means all data (including Personal Data) provided by you in the Platform;

“Users” means any person appointed by you to access the User Account.

‍3. Scope of Services 

3.1 The Platform offers product information and review ingestion, content enrichment and product feed tools for marketing professionals. The Platform aims to efficiently help users level up their marketing. The  Platform constantly evolves; therefore, the exact design layouts, content, and feature sets will change over time. 

3.2 The Platform is provided as a Free Version and a Premium version. In some cases, separate terms will apply. However, the provisions below apply to both versions if not explicitly stated.

4. Creation of a User Account  

4.1 To create a User Account, you must complete the initial assessment by entering your name and business email, and completing a Company Information form.

By ticking the “I have read and agree to re:nable’s Terms of Use and Privacy Policy agreements” check box, you accept that these Terms govern your rights and obligations regarding the Platform. You also confirm that you have obtained the information about our processing of Personal Data in accordance with the Privacy Policy. 

4.2 After completing the initial assessment described in 4.1, you can create a User Account. Accepting the Terms gives you a worldwide, non-transferable, and non-exclusive right to access and use the Platform. 

4.3 If you create a User Account of the Platform, you may, in accordance with the instructions in the Platform, add (and remove) Users to access and use the content of your User Account; you are responsible (i) to ensure that the Users act in compliance with these Terms when using the Platform; and (ii) for all acts and omissions of Users in relation to the User Account, including their compliance with these Terms. 

4.4 By following the instructions in the Platform, you can ask re:nable to delete your User Account and any information stored therein. 

5. Limited access to the User Account/Platform

5.1 re:nable may discontinue your access to parts of or all of the User Account and the Platform with immediate effect and during the time it lasts if:

  1. your or user’s use of the Platform (i) poses a security risk to the Platform, re:nable, or any third party, or (ii) could adversely impact re:nable´s systems, the Platform, or the systems or content of any third party (including re:nable´s other customers);

  2. you or Users are in breach of these Terms, or

  3. you are in breach of your payment obligations according to section 8.

5.2 If any of the above is remedied, re:nable may give you and/or Users access again to the Platform. While the User Account and Platform access is discontinued, you will remain responsible for all fees accrued. However, if access is discontinued in accordance with 5.1 A, B, or C above, re:nable may, at its sole discretion, choose to terminate the Terms with immediate effect.‍

6. Availability and functionality

6.1 re:nable provides the Platform “as is” and is not responsible for damages caused by errors or disruptions in the Platform. We are under no circumstances obliged to pay compensation or damages for any errors, deficiencies, loss of data, or other breach of contract on our part that goes beyond what is stated in these Terms. 

6.2 re:nable shall use reasonable endeavors to maintain the availability of the Platform to you but does not guarantee 100% availability.

6.3 re:nable may, from time to time, suspend the Platform for maintenance. re:nable shall, to the extent possible, ensure that maintenance is carried out outside normal business hours. 

6.4 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of these Terms:

  1. a Force Majeure Event;

  2. a fault or failure of the internet or any public telecommunications network;

  3. a fault or failure of your computer systems or networks;

  4. any breach by you of these Terms; or

  5. maintenance.

7. Your obligations 

7.1 You shall only use the Platform in accordance with these Terms and the instructions made available in the Platform by re:nable.

7.2 The User Account is personal and only allowed to be used by you or Users. You ensure that no one else can use any login details linked to the User Account and that these are stored so that unauthorized persons cannot access the information. If you suspect the User Account is being used unauthorized, you shall report this to re:nable. We are not responsible for any losses caused by the unauthorized use of your login details.

7.3 The right to access and use the Platform granted to you under sections 4.1 and 4.2 above is subject to the following conditions:

  1. you may not sub-license its right to access and use the Platform;

  2. the User Account may only be used by you and the Users (if applicable); 

  3. you may not copy, modify, develop, or in any other way amend the Platform or permit any third party to do so, or decompile or disassemble the Platform or by any other means recreate the Platform’s source code, except for what is permitted under mandatory law; 

  4. you may not use the Platform in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any such purpose or activity.

7.4 You acknowledge that the platform is owned and operated by Renable AB. Any content, data, graphics, images, audio, video, software, systems, processes, trademarks, and other information, including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Renable AB. The content is protected by Swedish and international copyright and trademark laws. Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, create derivative works from, transfer, or sell any Content without the express prior written consent of Renable AB. You may download, print, and reproduce the content for your own non-commercial, informational purposes, provided you agree to maintain any and all copyright or other proprietary notices contained in such content and to cite the URL source of such content. Reproducing multiple copies of the content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Renable AB. To obtain written consent for such reproduction, contact us at support@renable.com.

8. Prices and payment

8.1 Signing up for the Premium Version means paying the monthly or annual subscription fees set out in re:nable’s time-to-time applicable price list available on the Platform. You will be billed on the day you subscribe and for the entire duration of the selected term (e.g., monthly or annually). You can cancel your subscription at any time on the Platform. When you cancel your subscription, you will be eligible to use the Platform until the end of the paid subscription term, after which you will be downgraded to the Free Version. Your subscription will be billed on the first day of your subscription for the full term selected (e.g., monthly or annually), and the subscription will be renewed automatically on the day it expires unless you cancel the subscription beforehand.  All billing and transaction processing is done using a valid debit or credit card entered into the Platform. You will receive an invoice/receipt by email, and you can also access all re:nable invoices/receipts via the Platform.

8.2 If you at any time should fail to make payment in full on the commencement of a subscription term, or your debit or credit card has expired, re:nable shall be entitled to either suspend the use of the Platform or downgrade you from the Premium Version to the Free version. 

8.3 In-App-Purchases on the Platform will provide the price for each feature (e.g., AI token credits). Your in-app purchases are billed on the day of your purchase. All billing and transaction processing is done using a valid debit or credit card entered into the Platform. You will receive an invoice/receipt by email, and you can also access all In-App-Purchases and related invoices/receipts via the Platform.

8.4 As long as you utilize the Premium Version of the Platform or make In-App-Purchases, you shall provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You will replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card and that any charges may be billed to that card and won’t be rejected. If we cannot process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.

8.5 We may change any of our fees, including our charges for Premium Version subscription plans and In-App-Purchases, at any time by posting a new pricing structure on the Platform and/or sending you a notification by email. Existing pre-paid subscription plans will only be affected by price changes once renewed. Quoted fees don’t include sales or other transaction-based taxes of any kind.

8.6 In the event that any amount payable to re:nable is subject to Taxes, re:nable shall collect the total amount of those Taxes from you, and said collection should not reduce or somehow impact the amount to which re:nable is entitled. You will reimburse and indemnify re:nable for any Taxes, interest, and penalties that re:nable may be compelled to pay on account of your non-payment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to re:nable is subject to (i) any withholding or similar tax, (ii) any Taxes not collected by re:nable, or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which re:nable is entitled under the Terms. You will indemnify and hold Stripe harmless against any claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest.

8.7 You will not be entitled to a refund or credit from us. However, we may offer a refund, discount, or credit at our sole discretion. 

9. Warranties and warranties limitation

9.1 re:nable warrants that the Platform, when used by you in accordance with these Terms:

  • Will not breach any laws, statutes, or regulations applicable under Swedish law; 

  • To its knowledge, it will not infringe any third party’s Intellectual Property Rights.

9.2 If re:nable reasonably determines, or any third party alleges, that the use of the Platform by you in accordance with these Terms infringes any third party’s Intellectual Property Rights, re:nable may, at its own cost and expense:

  • modify the Platform in such a way that it no longer infringes the relevant Intellectual Property Rights or

  • procure for you the right to use the Platform in accordance with these Terms.

9.3 The Customer acknowledges that complex software is never wholly free from defects, errors, bugs, or security vulnerabilities. Thus, re:nable gives no warranty or representation that the Platform will be entirely free from defects, errors, and bugs or will be entirely secure.

10 Indemnification and limitation of liability

10.1 re:nable shall indemnify you from and against any liability to third parties arising from a claim that the use of the Platform infringes upon any third party’s Intellectual Property Rights provided, however, that re:nable shall have no liability if such claim arises from (a) User Data or (b) if applicable, any modification, combination or development of the Platform that is not performed by re:nable or on its behalf.

10.2 You shall indemnify re:nable from and against any liability to third parties arising from violating these Terms.

10.3 In events described in sections 10.1 and 10.2 above, the party making the claim must provide the other party with prompt written notice of any claim and allow such other party the right to assume the exclusive defense and control and cooperate with any reasonable requests assisting defense and settlement of such matter. 

10.4 Neither party shall be liable to the other party for loss of profit, production, goodwill, or further indirect damage or loss, including the other party’s liability to pay compensation to a third party or for loss of data.

10.5 re:nable does not guarantee or endorse the accuracy, completeness, reliability, or suitability of any content, advice, statement, opinion, or other information contained, displayed, or extracted from the Platform.

10.6 re:nable excludes any warranties and responsibilities concerning the results or reports obtained by you from the Platform and shall not be liable for any claims, losses, or damages arising from inaccuracy, delay, omission, bug, or error in the Platform nor actions taken as the result from your use of the Platform or any reliance on its content, advice, statement, opinion or any other information contained, displayed or extracted from the Platform. 

10.7 Under no circumstances shall the content, advice, statement, opinion, or any other information contained, displayed, or extracted from the Platform be used or considered as an offer, solicitation, or recommendation to sell or buy any security. 

10.8 The maximum liability of re:nable under these Terms in respect of any event or series of related events shall not exceed the amount paid and payable by you for the Platform for the preceding twelve (12) months.

10.9 The limitation regarding a party’s liability in damages according to section 10 shall not apply where the party has acted intentionally or grossly negligent.

10.10 Neither party shall be liable for delay or damage caused by a Force Majeure Event.

11 Intellectual Property Rights

11.1 You retain all rights, title, and interest, including all Intellectual Property Rights, in all User Data. You grant re:nable a worldwide, non-exclusive, limited-term license to copy, reproduce, store, distribute, publish, export, adapt, edit, and translate User Data to the extent required for the performance of re:nable’s obligations and the exercise of re:nable’s rights under the Terms. This includes the right for re:nable to anonymize and aggregate the User Data to produce statistics and to improve the Platform. You also grant re:nable the right to sub-license these rights to its hosting, connectivity, and telecommunication service providers.

11.2 You are responsible for:

  • development, content, operation, maintenance, and use of User Data,

  • ensuring that User Data and re:nable’s use of User Data will not infringe the Intellectual Property Rights of any third party or violate any applicable laws and

  • taking appropriate action to secure, protect, and backup User Data in a manner that will provide appropriate security and protection and routinely archiving User Data.

11.3 re:nable, or any third party from whom re:nable derives its right, owns and shall retain all rights, title, and interest, including any Intellectual Property Rights, in and to the Platform. Nothing in these Terms shall be deemed an assignment or transfer of any Intellectual Property Rights from re:nable to you or from you to re:nable.

12 Confidentiality

During the term of this Terms and thereafter, the parties hereby undertake to maintain in absolute confidence any Confidential Information (as defined below) disclosed by the other party in connection with your use of the Platform and not to disclose any Confidential Information thus received to any third parties. 

For the purpose of these Terms, “Confidential Information” means all information (whether in written or oral form) save as provided under (a) – (d) below:

  1. Information which is or becomes common knowledge otherwise than as a result of a breach of these Terms;

  2. Information which the disclosing party can show was in its possession before receiving such information from the other party in connection with these Terms;

  3. Information that a party has obtained or receives from a third party without any lawful restraints as to the disclosure thereof or

  4. Information that a party is legally obliged to provide under compulsory law, any court order, or by order of another authority of competent jurisdiction.

13 Term and termination

13.1 If you use the Free Version, the Platform may be used until your trial ends. You may terminate your use of the Platform without any notice period, and termination must be made in the platform. 

13.2 If you use the Premium Version, the Platform may be used until further notice. You may terminate your use of the Platform with one month’s written notice, e.g., by contacting support via the chat. However, either party is entitled to terminate these Terms and the use of the Platform with immediate effect if the other party:

  • Fails to fulfill any of its obligations under these Terms, provided such failure is of material importance to the non-breaching party and the other party has failed to perform rectification not later than thirty (30) days following written notice thereof or

  • has suspended its payments, is the subject of a bankruptcy petition, commences negotiations for a composition with its creditors or applies for company reconstruction (Sw. företagsrekonstruktion), enters into liquidation or may otherwise be deemed to be insolvent.

13.3 Upon termination of these Terms, all the provisions hereunder shall cease to have effect if not explicitly stated otherwise. However, it shall not affect your obligation to pay re:nable any accrued fees under these Terms. Furthermore, re:nable shall not be obliged to refund any subscription payments carried out nor any In-App-Purchases carried out but not utilized (in full or in part).

14 Miscellaneous 

14.1 These Terms and the instructions provided to you in the Platform constitute the entire terms regarding the use of the Platform. 

14.2 re:nable has the right to make amendments and changes to these Terms and will notify you through the Platform in a reasonable time before modifications or adaptations are implemented. However, re:nable will not inform you if the amendment or change is of limited importance or is caused by a change in law regulation or governmental decisions. Regarding the change of fees for the Premium Version, you will be able to end the subscription set out in 8.1 before the renewal date.

14.3 A new version of these Terms is effective from the time we announce it either via email or when you log into the Platform.  

14.4 Neither party may transfer or otherwise assign, partially or in full, any of its rights or obligations according to the Terms without the other party’s written consent. Without prejudice to the foregoing, re:nable may transfer its rights and obligations pursuant to these Terms in connection with business transfer concerning the Platform.

14.5 Should any provision in these Terms or part thereof be found void or invalid, the other provisions of these Terms shall remain in force, and the provision may be amended to the extent such invalidity materially affects the rights or obligations of either party pursuant to the Terms.

15 Governing Law and dispute resolution

15.1 These Terms shall be governed by and construed in accordance with the laws of Sweden.

15.2 Any dispute, controversy, or claim arising out of or in connection with your use of the Platform, or these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). The seat of arbitration shall be Gothenburg, and the language to be used in the arbitral proceedings shall be Swedish.

15.3 The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply unless the SCC Institute, at its discretion, determines, taking into account the complexity of the case, the amount in dispute, and other circumstances, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal comprises one or three arbitrators.

16 Contact details

Do not hesitate to contact us on the support chat if you have any questions or complaints regarding the Platform.