Terms of Service
These general conditions regulate the relation between Bliva AB (org. nr 556612- 4102), hereafter called “Bliva”,and the Customer, and constitute an integrated part of the agreement reached between the parties with respect to software concept Apps2u (“Agreement”). Note that this includes Data Processing Agreement (DPA) Appendix A, which is an integrated part of this agreement.
Important – please read carefully: by creating an account or by utilizing the application you agree to be bound by these terms and conditions. If you use the application, or if you click “i agree” or take any other affirmative action indicating your acceptance of this agreement, then you have agreed to these terms. If you are an agent or employee of the intended subscriber or user, you individually represent and warrant to Bliva that you are authorized to bind that party to this agreement. If you do not agree to this agreement, then you are not authorized to use the application.
In the terms of service set out in this agreement with appendices (the ‘agreement’), Bliva offers the customer a SaaS-service, hereafter called “Service”.
The Service is a database and software web services application offered to the Client over the Internet that includes certain management functions that have been designed specifically for travel and event organisations. The Application is located at cloud.oracle.com and/or gather.bliva.com and includes all modifications, customizations, enhancements, revisions, updates, upgrades and documentation that Bliva may make available periodically. Applications do not include interfaces to other non-Bliva software programs.
Bliva is responsible for hosting, support and maintenance (HSM) of the Software.
The operating environment of the Bliva service provided by Bliva is being hosted by Oracle Cloud Service. Oracle Cloud Service handles hosting in a manner certified by external parties. Their commitment to providing a secure hosting covers physical access to used hardware as well as handling catastrophic events like power outage and internet outage.
Storage of customer data
Data is stored within EU.
Training for users of the Service is provided by video and manuals online. Bliva provides additional training and consultation services in accordance to the current price list.
Bliva provides support for the Service via e-mail and telephone. The support is available Monday-Friday 09.00 to 17.00 CET, excluded public holidays, and 09.00 to noon CET on the day before holiday. The support is available to registered users. The following topics are covered by support obligations:
- Advise in administration of Bliva
- diagnosis of problems or performance deficiencies of the Service
- resolution of the problem or performance deficiencies of the Service
The following topics are not covered by support obligations:
- Production of activities in the Service
- Use of other applications that are integrated to the Service
- Due to the nature of the Internet, Bliva cannot guarantee the continuous and uninterrupted availability and accessibility of the Service.
In the event that Bliva deems that the need for support for customer cannot be met in an acceptable and practical manner over phone or e-mail, Bliva will offer consultancy services in accordance with current price list.
5. Scope of the service
5.1 Bliva shall provide the Service in accordance with the agreement including any supplemental agreements.
6. Rights of customer
By signing this agreement, the Customer gives his or her full consent to receive communication from Bliva in forms of email, SMSs and/or phone. The Customer has ‘the right to be forgotten’ and can be withdrawn the consent at any time by contacting Bliva.
6.1 The Customer is hereby granted a non-exclusive, non-transferable right to use the Service in accordance with the agreement.
6.2 The usage of the Service by the staff of the customer requires personal registration and log-in. In connection with the registration of each user, each user shall accept and approve an undertaking in accordance with the main agreement (End User License Agreement).
The Customer is fully responsible for the staff that is offered access to the service.
6.3 Bliva owns or holds through the license from rights holders, all rights to the Service and any new versions thereof.
6.4 The Customer shall not make or permit sale transfer or service bureau use of the Service or the making of any modifications, additions or enhancements to the Service, or cause or permit the reverse engineering, disassembly, or de-compilation thereof. Copyright and all other rights concerning modifications of the service shall inure to Bliva without any separate compensation.
7. System requirements and access to the Internet
Access to the Service is obtained over the Internet from the computer equipment of the customer. Customer shall at its own cost and expense maintain updated web browser software and Internet connection to use the Service. Recommended system requirements can be obtained from Bliva.
8. Updates and new functionality
8.1 Bliva carries out the ongoing development of the Service and the Service will be upgraded with new functionality from time to time. Bliva has the right to upgrade the Service without notice, provided that the modified functionality does not diminish performance or accessibility. General modifications are provided as part of Bliva hereunder. Major upgrades are made available as soon as general availability is at hand.
8.2 The Customer has the option to enhance the Service with additional functions from Bliva. Once delivered to the customer, such functions are thereafter included to the Service.
9. Maintenance, support and availability
9.1 Bliva shall use reasonable efforts to ensure that the Service is available over the Internet without interruptions. Errors under the Service control shall be corrected by Bliva. Customer reports deviations in the functionality of the Service in the Bliva designated system. Bliva shall always be allowed to rectify errors within a reasonable time before a breach of contract is at hand.
9.2 Bliva shall have the right to take actions that affect the availability of the Service provided that such effect is justified from a technical or security perspective. Bliva informs the customer in advance of any scheduled maintenance on Bliva Status page.
10. Data Protection
10.1.1. The Customer owns the rights to its data as data controller, and Bliva acts as a data processor on
the Customer’s behalf. All processing by Bliva of the personal data and other data provided by the Customer shall be in accordance with the applicable laws. Bliva ’s processing of personal data on behalf of the Customer shall therefore only be done in order to provide the service and shall be subject to the Customer’s written instructions.
10.1.2. As Bliva is a data processor and the Customer is a data controller, the parties obligations regarding
the processing of personal data are regulated in the data processor agreement attached as Appendix A below.
10.1.3. The Customer is obligated to keep user logins and passwords to the Product secret from any unauthorized users or third parties.
10.1.4. The Customer is obligated to ensure that the personal data provided by the Customer and used in the Product is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer’s data provided in the Product, including personal data, do not violate any third party intellectual property rights and/or any applicable legislation. Bliva is entitled to delete any data that in the sole discretion of Bliva constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.
11.1 Bliva is not liable for any data provided by the Customer in the Service.
11.2 With the limitations pursuant to this agreement, Bliva is liable for direct damages due to wilful misconduct or gross negligence by Bliva.
11.3 in no event Bliva shall be liable to the Customer or any party related to the Customer for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data or other indirect losses, such as lost profits, diminished production, costs of retaining a consultant, costs of equipment and similar costs or losses.
11.4 Bliva’s obligation to pay damages in the case of breach of contract is, in the absence of intent or gross negligence by Bliva, limited to an amount equal to the accumulated HSM-fees paid by the customer during the preceding 6 month-period from the point in time when the breach of contract was claimed.
11.5 Bliva hereby warrants that Bliva does not infringe upon any right held by a third party. Customer shall without delay and in writing notify Bliva of claims presented by third parties concerning infringements of copyright or other intellectual property right on account of the customer’s use of the service.
11.6 In the event that a third party presents claims purely on account of the customer’s use of the service, the customer shall keep Bliva indemnified from such claims.
12. Sub-consultants and third party products
12.1 Bliva is entitled to freely appoint sub-consultants. Bliva is responsible for work performed by the sub-consultant, however not for any errors or defects caused by third-party software.
12.2 Bliva shall not be liable for defects in the equipment for Internet access of the Customer.
13.1 All business information disclosed by one party to the other in connection with this agreement, shall be treated as confidential information unless such information is part, or later becomes part, of the public domain through no fault of the other party or it was later obtained by the other party from independent sources free from any duty of confidentiality. Each party’s confidential information shall be held in strict confidence by the other party, both for the duration of this agreement and thereafter, exercising the same standard of care as it uses to protect its own confidential information, and shall not be used or disclosed by the other party for any purpose except as necessary to implement or perform this agreement, or except as required by law.
13.2 Bliva undertakes to ensure that its staff has signed the confidentiality agreement (compliant with GDPR) in relation to the information of the customer included in the Service.
13.3 The Customer is responsible for ensuring that usernames and passwords are guarded safely, are used only by the intended users and do not come into the hands of any unauthorized users. Furthermore, the Customer is responsible for any unauthorized use of the Service through its equipment or systems.
14. Protecting and handling personal information
14.1 The Customer is using both manual and automatic processing of personal data that exists in Bliva. The processing of personal data is regulated by privacy laws and the customer is responsible for the correct management of such data in accordance with current local as well as international legislation. Bliva will never share personal data with any third party in other circumstances than what will be needed to comply with the agreement.
14.2 Bliva reserves the right to review, process and store the personal data and customer information that the customer stores in the Service otherwise Bliva has no right to use the customer information beyond what is necessary to comply with the agreement.
14.3 To prevent unauthorized access and/or use of the Service, Bliva uses secure login via HTTPS (Hypertext Transfer Protocol Secure), a protocol for encrypted transport of data via the HTTP protocol as well as personal user credentials and acceptance of end user license agreement for all users.
15. Fees and payment
15.1 Customer shall pay fees and expenses in accordance with the agreement. All amounts are exclusive of VAT and other taxes and duties.
15.2 Payment for ‘pre-paid Participants’ or ‘pay as you go’ shall be made ten (10) days from the day of invoice. Thirty (30) day payments are possible but require a credit evaluation. Bliva may apply a late charge on overdue invoices at a rate allowed by applicable law, whichever is less, from the day after the due date until the outstanding invoice has been paid in full. Card payment is paid in advance.
15.3 Additional services offered by Bliva, such as consulting, are invoiced monthly in arrears.
16. Term and termination
This agreement is valid once the Customer has agreed to the terms of the agreement or started using the Service. Said electronic copy of the terms is presented to the customer the first time the customer uses the service.
16.2 Pre-paid Participants
The agreement applies to a period of twelve (12) months. Period starts from the day of the purchase order or the date the agreement is signed.
16.2.2 Pay as you go
Bliva reserves the right to terminate this agreement if the account has not been active for a continuous period of twelve months
16.3 Each party is entitled to rescind the agreement in the event that the other party is in material breach thereof and does not rectify the breach within thirty days from obtaining written notice thereof. Each party is entitled to rescind the agreement in the event that the other party is declared bankrupt, enters into composition proceedings or liquidation or can in order ways be assumed to be insolvent.
16.4 Bliva shall have the right to terminate the Customer’s account to access the Service with immediate effect if the customer uses the service:
- In a way that constitutes a criminal act or contrary to applicable law (especially personal data protection legislation and anti-spamming legislation);
- In a way that constitutes a risk of damage to Bliva or a third party;
- In a way that constitutes a breach of Bliva safety instructions;
- In the case of non-payment of fees or costs pursuant to the agreement
17. Consequences of termination
17.1 Upon termination of the agreement, it is customer’s responsibility to copy and save previously stored information. Bliva is responsible for customer data to be erased from the Service database/s.
18.1 A party (including its sub-contractors) is relieved from liability for a failure to perform an obligation under the agreement if such failure is due to a circumstance of the type stated below (Relieving circumstance) and the circumstance prevents or makes substantially more difficult the timely performance of such obligation.
A Relieving circumstance shall be deemed to include inter alia acts or omissions of authorities, new or amended legislation, leaving of personnel, illness or other reduction of work capacity, death, conflicts on the labour market, blockade, fire, flood, loss or destruction of property or data of major significance or a major accident.
18.2 If a party wishes to claim relief pursuant to the above provisions, then he shall without unreasonable delay inform the other party thereof in order to be able to invoke such a claim.
18.3 Notwithstanding the above (with regard to relief from liability), a party may under the stated circumstances rescind the agreement if the other party’s performance of a certain obligation has been delayed by more than three months.
19.1 Customer may not in wholly or partly assign its rights and/or obligations under this agreement to any third party without the prior written approval of Bliva.
20.1 Bliva reserves the right to change prices with a 30-day notice in addition to general changes in the price list on a yearly basis.
20.2 Notwithstanding the above, Bliva shall always have the right to with immediate effect carry out changes (including price) that are caused by acts or omissions of authorities or new or amended legislation.
21. Disputes and governing law
21.1 Any dispute arising out of or in connection with this agreement shall be finally settled by arbitration in accordance with the provisions of the Swedish Arbitration Act (SFS 1999:116).
The arbitration proceedings shall be conducted in English and take place in Stockholm.
21.2 This agreement shall be construed in accordance with and be governed by the laws of Sweden.
Data Processing Agreements
Version 1.1 Last modified 2019-09-04.
Bliva follows the legal requirements given by EU in the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of persons with regard to the processing of personal data and on the free movement of such data, and repealing DIRECTIVE 95/46/EC (General Data Protection Regulation – GDPR).
U.S.-based services are certified under the EU-U.S. Privacy Shield Framework, and/or the U.S. – Swiss Safe Harbor Framework. All data is stored in Europe.
Bliva General Principles and Governance
Data Processing Agreements are signed between Bliva and Customer. The purpose of the Data Processing Agreement is to regulate Bliva processing of personal data on behalf of the Customer using eMarketer’s applications. Sub-Data Processing Agreements are signed between Bliva and sub-Processors.
What information do we collect ?
During registration of customers, we collect information such as company name, user name, email, address, location and telephone number.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To process transactions
- For customer identification
- For contacting the customer if there should be a problem with account.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails on product releases and other relevant Bliva information
The email address you provide for order processing will only be used to send you information and updates pertaining to your order.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever without your consent other than for the express purpose of delivering the purchased product or service requested.
An overall risk assessment is implemented in relation to information objects which is updated once a year. Bliva approach to security is based on risk assessments according to Article 24 in EU General Data Protection Regulation (EU-GDPR) and the ICT regulations §3.
Information Classification and Control
It is important to Bliva that breaches of confidentiality and insufficient integrity of information does not occur. It is therefore important that we protect information based on its criticality.
All main information and assets are registered and assigned a designated owner. The Information is classified to enable application of necessary and appropriate security controls. The information owner is responsible for maintenance and that checks and improvements are carried out.
Any information stored in Bliva applications is treated as confidential and not disclosed or sold to any third party. All information is stored securely, and can only be accessed by the customer and trusted Bliva personnel for site administration purposes.
How long will information be stored for?
Information will be stored no longer than is necessary for the purposes for which information is processed.
Rights and Contact Info
Upon request, our Data Protection Officer will provide you with information as to whether and what personal data we store in relation to you. Should your personal data be incorrect, you may have it rectified. You may also revoke your consent to use your personal data in the future, in whole or in parts, or request deletion of your personal data. You can ask to get your data exported in a well-known format.
How do we protect your information?
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology into our database. Only those authorized with special access rights will have access to such systems and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes. Cookies are small files that a site or its service provider transfer to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and retain certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
When someone fills out a form of ours (in events such as registering for marketing communications, demo requests, or downloading of marketing content etc.), consent must be given to process that information. This consent can be withdrawn at any time.
This policy was last modified on 2019-09-04