General Terms & Conditions

1.1 The following words and expressions and their inflectional forms in the Agreement have the following meanings:

“Affiliate” shall mean any person or entity directly or indirectly controlling, controlled by, or under common control with a Party where “control” means the legal power to control the election of a majority of the board of directors or otherwise direct or cause the direction of the general management of the company, partnership or other legal entity.

“Agreement” means these General Terms and Conditions, the Order Confirmation, and, where applicable, the Standard Contractual Clauses (Appendices A-C) for processing personal data.\

“Business days” means days when commercial banks are open for general banking business (other than Internet banking) in Sweden.

“Confidential Information” means all information which is designated in writing or orally as being confidential or which should otherwise be reasonably deemed to be confidential, given the nature of the information or the manner of its disclosure, including without limitations, with respect to Customer, the Customer Data and information related to Customer’s organization, business plans, media plans, marketing activities, financial performance, sales figures, customers and prospects, and in respect of Camphouse, all information related to the Service including all software, source code, Documentation, intellectual property, methods, processes and techniques in the Service, developments, know-how, and the service offering terms (including pricing). Confidential Information shall not include information that is: (i) already known to the receiving Party prior to disclosure; (ii) publicly known through no wrongful act or omission of the receiving Party; (iii) received from a third party without violation of law or contractual obligation; or (iv) independently developed without use of the non-public information.

“Critical Maintenance” means the correction of critical software faults and hardware failure including security patches on third party applications/Third-Party Data Sources.

“Customer” means the party set out in the Order Confirmation, other than Camphouse.

“Customer Data” means any data, information, or document of Customer that is imported, uploaded recorded, or otherwise entered into the Service.

“Deliverable” means the reports, schedules, analysis, and budgets based on Customer Data that is an output of the Service generated through Users use of the Service.

“Documentation” means user manuals, guidelines, instructions, training material, specifications and product information relating to the Service and its use, which is provided to Customer by Camphouse, publicly published by Camphouse, or otherwise available on the website. Except for Documentation publicly published by Camphouse, any Documentation shall be considered as Confidential Information of Camphouse.

“Effective Date” means the start date for the Service as set out in the Order Confirmation; or, if such date is not stated, the date the Order Confirmation is signed by both Parties.

“Expenses” means out-of-pocket expenses incurred by Camphouse in connection with the provision of the Services for which Camphouse seeks reimbursement from Customer.

“Implementation Cost” means the cost for implementation services as set out in an Order Confirmation.

“Intellectual Property” means all current and future copyrights, trademarks, trade names, service marks, logos, slogans, trade secrets, utility models, design rights, know-how and applications, contract rights, source code and other proprietary rights, and any registrations, patents, and renewals of the same.

“Camphouse Software” means all software in and related to Camphouse’s product/application incorporated in the Service, along with any releases, updates, developments, or upgrades.

“Order Confirmation” means the commercial terms for the Customer’s use of the Service which the Parties have agreed on.

“Service” means the Internet-based media planning tool described in Clause 2.1.

“Service Fee” means the subscription fee for the Services as set out in the Order Confirmation.

“Term” means the duration of the Agreement as set out in the Order Confirmation.

“Third-Party Data Source” means a digital source from which Customer Data is imported to be used in the Service.

“Users” means Customer’s employees, or anyone authorized by Customer to use the Service.

“Volume Commitment” The minimum number of Users that the Customer, according to the applicable Order Confirmation, has undertaken to order the Service for during the Term.