Terms of Service

Last Updated: October 13, 2024

Entwine AB, (hereinafter: "Twine"), helps customers to automatically retrieve data from the different connected data sources and import them into their own systems (hereinafter: "Platform"). The following Terms and Conditions of Service (hereinafter referred to as "T&C") shall apply as a base for all services to be provided by Twine:

1. agreement

Twine shall provide the services agreed in the offer for the customer during the term of the contract, for which the customer shall pay the agreed service fee.
Terms and conditions provided by the customer shall not become part of the contract even if Twine does not expressly object to their inclusion in the respective contractual relationship. Any reference by the customer to his own terms and conditions of business in the form of a form is hereby expressly contradicted.
Twine's main obligation is the provision and operation of the Platform. For the quality of the Platform, the specification according to the offer are conclusively decisive. As far as employees of Twine give guarantees before the conclusion of the contract, these are only effective if they are confirmed in writing by the management of Twine. Not expressly agreed services are not owed.
A prerequisite for the retrieval of data points is that the data sources are supported by Twine and that the Platform has been set up properly and functionally. Which data sources are subject to the contractual relationship will be conclusively agreed upon in the offer. In all other respects, Twine provides the Platform with the services in such a way as this was available at the time of the conclusion of the contract and the terms and conditions valid at this time. Apart from that, the customer has no claim to a certain design or equipment of the Platform.
Twine will continue to develop the Platform and provide updates, upgrades, and other further developments of the Platform in the course of this. A claim to the development of individual or the provision of new versions is not justified by this.
For customers using Twine as an integral part of their solutions to their own customers, this agreement extends and applies to their agreement unless stated in the Terms of Service.

2. platform

Twine shall make the Platform available for use on a network (Internet) in the respective current version from the time agreed in the offer.
Any further access to or transfer of the Platform or the underlying source code is not owed.
Unless otherwise agreed individually, the customer shall ensure necessary support for the technical initial setup, e g contact with platform vendors that are to be integrated with Twine. The same applies to adjustments and/or additions of data points, sources, or targets.
If and to the extent that the provision of a new version or a change in functionalities of the Platform is accompanied by the customer's work processes supported by the Platform and/or restrictions in the usability of previously generated data, Twine shall announce this to the customer in good time, at the latest four weeks before such a change takes effect. If the customer does not object to the change in writing within a period of two weeks from receipt of the change notification, the change shall become part of the contract.
The transfer point for the Platform and the data points and data sets is the router output of the server used by Twine.

3. customer rights and obligations

For the services of Twine, the customer shall pay the service fee agreed in each case in accordance with the agreed price of the service.
The customer acknowledges that Twine is only a technical service provider and processes the information arising within the scope of the respective assignment for the customer. The customer shall check the permissibility of the operation of the Platform on his own responsibility and shall, in particular, ensure that the applicable data protection provisions are complied with. If the execution of a service commissioned by the customer gives rise to legal obligations on the part of Twine, the customer shall point this out without being asked before the start of the execution.
The customer shall support Twine in the performance of its contractually owed services and shall perform all acts of cooperation required for the performance of the contract completely, without being requested to do so, in a timely manner and at its own expense. This includes, in particular, the following general obligations to cooperate, in each case if and insofar as these are necessary for the performance of the services: The customer (1) provides Twine in a timely manner with the desired performance requirements and special performance features from which the specific requirement needs of the customer or third party can be conclusively determined, (2) provides Twine with all information, materials, access, licenses, data, third-party software, etc. necessary for the performance of the services. and keeps them up to date, (3) is available for any necessary technical coordination and service detailing as well as for the performance checks, (4) will regularly check the results achieved, namely the transferred data points, for completeness and correctness and (5) will continuously monitor the interfaces within this sphere of influence for their functional suitability.
If it is or becomes apparent to the customer that, within the framework of the entire contractual relationship of the parties, assumptions, specifications, and information are incorrect, incomplete, or ambiguous or that their execution is or becomes impossible, the customer shall inform Twine of this circumstance without delay.

4. adjustment of the services

The customer has the possibility at any time to request specification changes or extensions of the respective service (hereinafter "change requests"). These shall be agreed upon and implemented in accordance with the following provisions.
Change requests are to be submitted to Twine - depending on the agreed communication channel - by e-mail or ticket together with a detailed description of the change requirements - in particular with regard to the work results. Twine will check the change request after receipt for their feasibility as well as the effort required for this and submit an offer to the customer for implementation together with proposals for any necessary changes to the existing agreement. A change request is only neutral in terms of time and cost if this has been expressly confirmed in writing by Twine.
If the parties agree on the adjustment of the services by way of a change request, any previously agreed deadlines and execution periods shall be extended accordingly, unless compliance with the deadlines has been expressly agreed upon.
If Twine has already begun with the execution of an ordered service at the time of the agreement on a change request, these services are to be remunerated as agreed.
Twine is under no obligation to implement a change request.

5. rights of use

Twine grants the customer non-exclusive right, unlimited in content and limited in time to the respective contractual relationship with Twine, to use the Platform for his own business purposes. Sublicensing is not permitted without written approval.
The customer is not entitled to edit the Platform, in particular, to modify, translate, reverse engineer or further develop, decompile or disassemble and redesign it.

6. contract, performance and approval

If a work performance has been agreed upon, the acceptability of the work results achieved shall be determined on the basis of the agreed performance description, primarily according to the data source, the data points, and the data schema and their actual accessibility. In the case of services, the contractual conformity shall be determined on the basis of the agreed service description.
Insofar as the services provided by Twine under this contract are subject to acceptance, the customer shall inspect the services immediately after their provision or import for their conformity with the contract and, if a defect becomes apparent, notify Twine of this immediately and with a detailed description of the defect. The same applies if such a defect becomes apparent at a later date.
Acceptance of services cannot be refused due to insignificant defects.

7. claims, liability and warranty

The parties shall be liable to each other for direct and indirect material and financial damage caused by them, their legal representatives or vicarious agents, or third parties engaged by them, in particular subcontractors, in accordance with the following provisions.
Twine is not liable for damages that occur due to technical malfunctions or service disruptions of the customer, other third parties, or the data sources determined by the customer. The liability for damages caused by system failures, hacker attacks, or other external attacks affecting these systems (i.e., the customer’s systems, third-party systems, or data sources determined by the customer) is excluded.
These claims shall otherwise be governed by the statutory provisions.
In the event of a data breach or security incident affecting personal data, the obligations and processes for notification and remediation are governed by the Data Processing Agreement (DPA). Twine is not liable for damages resulting from technical malfunctions or security incidents caused by the customer or third parties as outlined in the DPA.

8. tax, invoice and service fee

For the services to be provided by Twine, the customer shall owe the respective agreed service fee plus the respective legally applicable value-added tax.
Twine's invoice is due for payment within 30 days after receipt of a corresponding invoice, whereby the services are invoiced at the end of each month.

9. contract duration

The contractual relationship begins at the time stated in the agreement and runs for an indefinite period.
The contractual relationship can be terminated by either party with a notice period of 4 weeks before the end of each contract year or other period.

10. confidential information

The parties will keep all confidential information of the other party secret and take all necessary technical and organizational precautions to protect all confidential information to which they have access from unauthorized access, loss, destruction, and modification. They shall treat confidential information with the same care as they apply to their own equally confidential information. This obligation shall continue to exist after the termination of the contractual relationship.

11. protection of data

The Customer shall ensure that all compliance requirements are fulfilled and, where personal data is processed, that the provisions of data protection laws, including the General Data Protection Regulation (GDPR), are implemented and continuously observed. The specific obligations regarding data processing, including Twine’s role as Data Processor and Sub-processor engagement, are further governed by the Data Processing Agreement (DPA), which forms part of this agreement.

12. general provisions

The entire contractual relationship of the parties, as well as the services rendered by the parties hereunder, shall be governed exclusively by the laws of Sweden
The customer may only offset Twine's remuneration claims under this contract against claims that have been legally established or acknowledged by Twine. The assertion of rights of retention due to the owed service fee can also be asserted due to the unjustified non-fulfillment of the customer's obligations from the contractual relationship for the provision of the Platform.
The place of performance and jurisdiction for the mutual claims arising from the contractual relationship is the registered office of Twine unless otherwise specified. Twine is entitled to take legal action against the customer at his general place of jurisdiction.
Should individual provisions of these T&C be ineffective or lose their effectiveness due to a circumstance occurring at a later date, the effectiveness of the respective contract shall remain unaffected in all other respects. The same applies to loopholes in these T&C.Entwine AB manages all Twines systems, including all the data and materials they contain.

If you have any questions regarding this Privacy Policy, please contact us using the contact details listed below. Twine is committed to protecting the privacy of all its users. This Privacy Policy applies to all pages on the Twine website - it does not apply to websites of other organizations, including websites of close organizations and third party sites. The Twine website may contain links to the websites of such organizations that have their own privacy policy applied to them.

This agreement is supplemented by Twine’s Data Processing Agreement (DPA), which governs the processing of personal data, including the roles and responsibilities of Twine, Customers, End Customers, and Sub-processors in accordance with GDPR.

contact

The website www.twine.se is a place to describe the services offered by Twine. The company is run by Stina Hauschildt, CEO, who is also responsible in handling all personal data. For questions on how we use your personal data or other concerns regarding this privacy policy, please contact us at: hello@twine.se