You have via your employer (or where applicable, your client) been given the opportunity to use the services supplied by Preactly AB for which your employer has signed an agreement with Preactly AB. You may also have been offered the opportunity to use, test or evaluate services for different purposes through an agreement directly with Preactly.
By using the service, you accept these terms. If you do not accept the terms, you should not use the service.
1 The Parties and Their Agreement
1.1 Preactly AB, 559203-9415 (‘Preactly’) provides cloud-based web services (‘the Service’) aimed at organisations that want to focus on health promotion.
1.2 The Service is, as a main rule, only offered to users whose employer has entered into an agreement with Preactly. Use of the Service then requires an agreement between the organisation and Preactly as well as between the individual worker, which includes employees, temporary staff and consultants (‘the user’ or ‘you’). The latter consists of these terms and Preactly will then also have entered into an agreement with your employer.
1.3 If you have gained access to the Service directly from Preactly, these terms should apply as well as those stated in each separate agreement between you as a user and Preactly.
1.4 Your opportunity to use the Service depends on your employer complying with their obligations stated in the agreement with Preactly AB or, if you have entered an agreement directly with Preactly, on you complying with your obligations according with that agreement.
2 The Content of the Service and the Liability of Preactly
2.1 In the services, Preactly offers surveys that mainly focus on experience-based questions. The services help you to map the current status of areas that have been scientifically proven to contribute to well-being. Based on your answers, you will receive brief direct feedback and support to make active choices in relation to the feedback.
2.2 Employers may in some cases have their own question modules included in the Service. In such cases, clause 2.1 does not apply and the intellectual property rights according to 3.1 may be the property of a party other than Preactly.
2.3 Preactly does not operate a healthcare service. This means that the services do not in any way make diagnoses or provide medical advice. Nor are the services intended to be used in any way to rehabilitate or treat illnesses or injuries. The information you as a user receive via the services should therefore not be used as a substitute for medical advice, examination or treatment provided by healthcare professionals or other professionals within the areas that the services cover.
2.4 Preactly offers no guarantee that the user’s own expectations of the result of the use of the services will be met.
3 Use and Accessibility
3.1 All intellectual property rights in the services, including all content, are owned or licensed by Preactly. Users are granted a non-exclusive and non-transferable right to use the services with the material presented there at any given time.
3.2 The permitted use of the Service is limited to the user’s personal and non-commercial use only. The granted right to use the Service does not include the right to reproduce material of the Service or for others to display the content of the Service in private or public contexts. The user is aware that the Services contain material to which Preactly owns the intellectual property rights and that this material is protected by Swedish law.
3.3 The web service may not be used by children under the age of 16. Users who are under 18 years old need permission from a parent or guardian to use the Service.
4 The Obligations of the User
4.1 Users may not allow anyone else to use their personal login link or their user account.
4.2 Users are responsible for securely storing the login information received so that unauthorised persons cannot access it, as well as taking action if the user suspects that someone has been given unauthorised access.
4.3 Users are responsible for the equipment required to use the web service as well as for any communication costs arising from the use of the services.
4.4 You will not be entitled to any rights to the Service other than those stated in this agreement. You therefore do not have the right to:
1. bypass any of the technical limitations of the Service 2. take apart the code of the Service (i.e. perform so-called reverse engineering or decompile the Service), except and only to the extent that this, despite this limitation, is expressly permitted by Swedish law 3. use the Service in any way that conflicts with Swedish law or the instructions given by your employer
4.5 Users are responsible for not using the services in any way other than as instructed or causing damage to them.
5 Closing, Deregistration and Termination of Account
5.1 Users who violate these Terms of Use may be issued a warning by Preactly with a call for correction. This warning may also, where applicable, be communicated to the party that Preactly has entered into agreement with and that provides the Service to the user. If the user does not take immediate action to make a correction, Preactly has the right to close or deregister the user’s account.
5.2 Preactly reserves the right to, immediately and without prior notice, remove links, published profile, information and communication that conflict with the user’s commitment to the Terms of Use.
5.3 The agreement applies as long as your employer has an agreement with us or if you as a user have access to the Service directly from Preactly as separately agreed.
6 Compensation
6.1 The user’s application of the Service requires that the user’s employer pays for the Service in accordance with the agreement entered into by the employer and Preactly. The user should therefore not compensate Preactly for using the Service in accordance with these terms.
6.2 If you have received access to the Service directly from Preactly, the terms that have been separately agreed at the time apply.
7 User Generated Content
7.1 If the user, on his/her own volition or at the request of Preactly, creates content within the framework of the services (‘User Data’), Preactly obtains a royalty free, eternal, irrevocable, transferable, sub-licensable, non-exclusive licence to use and process such user data with the limitations stated in the Copyright Act (1960:729).
7.2 The licence includes the right for Preactly to use User Data at an aggregated level for marketing and research purposes. Herein, only anonymous data may be used by Preactly for such purposes.
8 Processing of Personal Data
By using the Service your personal data may come to be processed by your employer as well as by Preactly. Our privacy policy describes how we process your personal data and your rights.
9 Confidentiality
Preactly commits to keeping all user data strictly confidential during and after the term of the agreement. Preactly further commits to taking the necessary measures to prevent any employee, consultant or subcontractor from using or disclosing user data to outsiders.
When you use Preactly through your employer, your answers are anonymous to your employer. The employer only receives overall results at group level.
10 Customer Service
Preactly provides support for matters relating to the use of the services in accordance with instructions on preactly.com
11 Limitation of Liability
11.1 Preactly’s liability towards users according to these Terms of Use is limited to any damages caused by gross negligence on the part of Preactly. Preactly is in no case responsible for indirect damage.
11.2 Preactly does not guarantee that the services will function without interruption or error.
11.3 Preactly commits to, where possible, informing users prior to maintenance work and updates.
12 Changes
12.1 Preactly reserves the right to at any time, either in their own right or if required by laws and regulations, change these Terms of Use, upon which they will need to be approved once again.
12.2 Preactly has the right to change the content of the services without obtaining the user’s consent beforehand.
13 Links to Third Party
13.1 The Service or Preactly’s websites (such as preactly.com) may contain links to a third party and other websites. Preactly is not responsible for the information on the websites to which the links relate or for their reliability and function. Preactly is not responsible for any damage that may occur due to the user visiting other websites via the links.
14 Applicable Law – Dispute
14.1 Swedish law shall apply to these Terms of Use.
The Terms of Use were last updated 101019.