These General Terms and Conditions (GTC), together with any Subscription Plan and associated schedule(s), form a legal agreement (Agreement) between Amiqa Tech AB, a company incorporated in Stockholm, Sweden (Amiqa Tech), and the Customer subscribing for the use of Amiqa Tech’s AI-driven services. This Agreement outlines the terms and conditions governing the use of Amiqa Tech’s software and services.

These Terms of Use, together with our separate document on the gathering, use and protection of your personal information (the “Privacy Policy”) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Amiqa Tech in relation to your use of our platform and services.

1. SCOPE AND ACCEPTANCE

1.1 Purpose

These GTC govern the provision and use of the services offered by Amiqa Tech, including access to AI-powered software, data analytics, machine learning models, and other functionalities provided through Amiqa Tech’s platform (the Solution). The services are described in detail in the Subscription Plan purchased by the Customer.

As a user of our services and the Solution, you will be provided with access to certain proprietary information and technology. By using said services and the Solution, you understand that you have accepted these terms and conditions.

1.2 Definitions

Solution: Amiqa Tech’s proprietary software and services, including analytics, AI models, machine learning processes, and other functionalities offered via a Software as a Service (SaaS) model.

Services: Any services made available to the Customer through the Solution or provided in connection with its use, including support, maintenance, and related consulting services.

Customer: The individual or legal entity subscribing to the use of Amiqa Tech’s Solution.

Authorized Users: Individuals or entities granted access to the Solution by the Customer, including employees, agents, and representatives of the Customer.

Confidential Information: Any information marked as confidential or which should reasonably be understood to be confidential, including but not limited to trade secrets, business strategies, technical knowledge, client lists, pricing information, and proprietary data, whether in oral, written, or electronic form.

Consequential Loss: Losses arising from indirect or incidental damages, including but not limited to, loss of revenue, loss of profits, business interruption, and loss of data, whether foreseeable or not.

Data Protection Requirements: Any law, regulation, or statute that governs the protection and processing of personal data, including the GDPR, Data Protection Act, and relevant local laws like Swedish data protection regulations.

Hotel Data: All data provided by or on behalf of the Customer in connection with the Solution.

1.3 Acceptance of Terms

By subscribing to or accessing Amiqa Tech’s Solution, the Customer agrees to be bound by these GTC. If the Customer is a legal entity, the individual acting on behalf of the Customer represents and warrants that they have the authority to enter into this Agreement. 

These GTC may be amended, updated or otherwise changed from time to time. The Customer is responsible for keeping up to date on updated GTC. Continued use after such updates will be viewed as a binding approval of the GTC.

2. RIGHT TO ACCESS AND USE

2.1 Grant of License

Amiqa Tech grants the Customer a limited, revocable, non-exclusive, non-transferable license to access and use the Solution and any content generated through its use, strictly in accordance with these GTC and the Subscription Plan. The Solution is provided solely for the Customer’s internal business purposes.

2.2 Restrictions on Use

The Customer and its Authorized Users are prohibited from:

• Sublicensing, reselling, or redistributing the Solution without prior written consent from Amiqa Tech.
• Modifying, reverse engineering, or creating derivative works from the Solution.
• Using the Solution on behalf of or for the benefit of third parties unless explicitly authorized by Amiqa Tech in writing.

Amiqa Tech reserves the right to restrict or otherwise cancel the Customer’s use of the platform and Solution at any point. The Customer understands that any illicit use of the Solution may be grounds for liability.

2.3 Authorized Users

Customer may only allow access to the Solution by its Authorized Users. The Customer is responsible for ensuring that its Authorized Users comply with the terms of this Agreement. Any unauthorized use may be grounds for liability.

2.4 Free Trial

In some cases, Amiqa Tech may offer a free trial license for evaluation purposes, subject to the terms of the Subscription Plan. Upon expiration of the trial, the Solution will convert into a fully paid subscription unless terminated by the Customer before the end of the trial period. Amiqa Tech offers trial periods, discounts or any other allowances at its sole discretion and will not be bound by any such offerings unless otherwise stated through a written agreement between the parties.

2.5 No Delivery

The Solution is provided as a SaaS platform, and Amiqa Tech does not deliver physical copies of the software. Access is provided through cloud-based infrastructure only. Any changes or amendments to the Solution will be communicated in writing. The Customer is responsible for acquiring the necessary hardware needed to use the Solution.

3. ACCOUNT AND SECURITY

3.1 Account Creation

Each Authorized User must create an account to access the Solution. During the registration process, the Customer must provide accurate information and keep this information updated. The Customer warrants that all registration data is true, accurate, and current.

Upon creation and use of the account, the Authorized User accepts that it will share certain data and information with Amiqa Tech. For further information regarding this, we refer you to our Privacy Policy.

3.2 Confidentiality of Credentials

The Customer is responsible for maintaining the confidentiality of user credentials and must immediately notify Amiqa Tech if credentials are lost, stolen, or misused. Amiqa Tech may charge a fee for the replacement of credentials.

3.3 Account Security

Amiqa Tech takes reasonable measures to secure accounts, but the Customer remains responsible for ensuring that its credentials and account are safeguarded from unauthorized access. If an Authorized User leaves the Customer’s organization, the Customer must notify Amiqa Tech so that the user’s credentials can be deactivated.

The Customer is responsible for informing Amiqa Tech, without undue delay, regarding any security breaches that it detects regarding its account.

4. AVAILABILITY, MAINTENANCE, AND SUPPORT

4.1 Service Availability

Amiqa Tech will use reasonable efforts to ensure the availability of the Solution but does not guarantee uninterrupted or error-free service. Planned maintenance, system updates, or unforeseen outages may temporarily disrupt the Solution’s availability.

4.2 Maintenance and Updates

Amiqa Tech continuously seeks to identify and resolve issues affecting the Solution’s performance. Amiqa Tech may perform regular maintenance to ensure system functionality, including implementing bug fixes, updates, and security patches. In some cases, Amiqa Tech may also upgrade the Solution’s features or layout.

4.3 Training and Support

Amiqa Tech may provide training or support services as part of the Subscription Plan. The Customer remains responsible for ensuring its personnel are adequately trained to use the Solution.

4.4 Incident Management

In the event of a service disruption or security incident, Amiqa Tech will use reasonable efforts to resolve the issue and may contact the Customer to provide updates.

5. CUSTOMER’S OBLIGATIONS

5.1 Subscription Fees

The Customer agrees to pay the applicable fees specified in the Subscription Plan in accordance with the payment terms provided therein. Fees are non-refundable unless otherwise explicitly stated. Amiqa Tech reserves the right to update the Subscription Plan at any time. Any such updates will be communicated in writing to the Customer prior to being enacted.

5.2 Proper Use

The Customer agrees to use the Solution in compliance with all applicable laws and regulations. The Customer is prohibited from engaging in activities that could compromise the security, integrity, or functionality of the Solution, including:

• Inserting malicious code or viruses.
• Attempting to gain unauthorized access to Amiqa Tech’s infrastructure or third-party systems.
• Using the Solution for any illegal or unethical purposes.

5.3 Compliance with Policies

The Customer and its Authorized Users must comply with Amiqa Tech’s Privacy Policy and any other policies or guidelines provided by Amiqa Tech regarding the use of the Solution.

5.4 Licenses and Permissions

The Customer is responsible for obtaining and maintaining all necessary permits, licenses, and consents required for the lawful use of the Solution and Services.

Amiqa Tech reserves the right to suspend or terminate your access to the Solution and/or pursue all legal remedies if we believe that your use breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation. You represent and warrant that You have obtained and/or will obtain any and all necessary and legally enforceable written consent upon using the Solution.

If you, in your capacity as User, discover any Content on the Platform that you believe infringes your (or anybody else’s) copyright or trademark or if you discover Content that infringes or in any way violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these GTC, any applicable guidelines that we may choose to enforce or applicable law, please report this to us at customer@amiqa.io

6. CUSTOMER DATA AND MATERIALS

6.1 Ownership of Data

The Customer retains ownership of all data and materials it provides through its use of the Solution (Customer Data). Amiqa Tech will not use, sell, or disclose Customer Data except as necessary to provide the Services or as permitted by this Agreement.

6.2 Use of Customer Data

The Customer grants Amiqa Tech a non-exclusive, royalty-free, irrevocable license to use Customer Data for the purposes of providing, maintaining, and improving the Solution. Amiqa Tech may also use anonymized or aggregated data for benchmarking, research, and development purposes.

6.3 Data Deletion

Upon termination of this Agreement, Amiqa Tech will retain Customer Data for a limited period, during which the Customer may request a final data extract. After this period, Amiqa Tech reserves the right to delete or anonymize all remaining Customer Data.

6.4 Security of Data

Amiqa Tech will implement reasonable security measures to protect Customer Data from unauthorized access, use, or disclosure. However, the Customer acknowledges that no method of data transmission over the internet is entirely secure, and Amiqa Tech cannot guarantee the absolute security of Customer Data.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Amiqa Tech’s Intellectual Property

Amiqa Tech retains all ownership rights, title, and interest in and to the Solution, including all software, code, algorithms, databases, and other intellectual property related to the Services. The Customer does not gain any ownership rights through the use of the Solution.

7.2 Feedback

The Customer may provide Amiqa Tech with feedback, suggestions, or ideas for improving the Solution. Amiqa Tech is free to use, disclose, and exploit any feedback without restriction or compensation to the Customer.

7.3 Third-Party Content

The Solution may incorporate content or software developed by third parties (Third-Party Content). Amiqa Tech will identify any Third-Party Content used within the Solution, and the Customer must comply with any applicable terms and conditions for such content.

The platform and the Solution that you receive access to through Amiqa Tech, may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

Amiqa Tech does not have or maintain any control over nor does it take any responsibility for the External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Amiqa Tech does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

8. DATA PROTECTION AND PRIVACY

8.1 Data Protection

Amiqa Tech complies with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. Amiqa Tech processes personal data on behalf of the Customer as a data processor, while the Customer remains the data controller. Both parties must fulfill their obligations under applicable data protection regulations.

8.2 Personal Data

Amiqa Tech processes personal data provided by the Customer in compliance with Amiqa Tech’s Privacy Policy. The Customer warrants that it has obtained all necessary consents and legal permissions to transfer personal data to Amiqa Tech for processing.

8.3 Data Transfers

By accepting these GTC, the Customer acknowledges that Amiqa Tech may process data on servers located outside of the Customer’s jurisdiction, including servers in jurisdictions that may not have data protection laws equivalent to those in the Customer’s home jurisdiction.

8.4 Data Breaches

Amiqa Tech will notify the Customer of any data breach that may affect the security of personal data. The Customer is responsible for notifying data subjects and regulators as required by law.

8.5 Subcontractors

Amiqa Tech will notify the Customer of any data breach that may affect the security of personal data. The Customer is responsible for notifying data subjects and regulators as required by law.

9. LIABILITY AND INDEMNIFICATION

9.1 Limitation of Liability

Amiqa Tech’s total liability under this Agreement, whether in contract, tort, or otherwise, is limited to the amount of fees paid by the Customer in the 12 months preceding the event giving rise to the claim. Amiqa Tech is not liable for indirect, special, consequential, or incidental damages, including loss of profits, data, or business opportunities.

Amiqa Tech and its subsidiaries, affiliates, successors, and assignees, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:

• any loss or damage arising from:
  • your inability to access or use the Solution or any part or parts thereof, or to access any content or any external services via the platform;
  • any changes that Amiqa Tech may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories;
  • any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by Amiqa Tech or any relevant law enforcement authority regarding your use of the platform;
  • any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
  • your failure to provide Amiqa Tech with accurate or complete information, or your failure to keep your username or password suitably confidential;
• any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or
• any loss of profits, or any loss you suffer which is not a foreseeable consequence of Amiqa Tech breaching these GTC. A loss is foreseeable where it could be contemplated by you and Amiqa Tech at the time you agree to these Terms of Use, and as such do not include any indirect losses, such as loss of opportunity.

In no event shall Amiqa Tech’s aggregate liability to you exceed the amount of fees paid by you during the preceeding 12 months.

9.2 Disclaimer of Warranties

Amiqa Tech provides the Solution “as is” and “as available,” and makes no warranties, express or implied, regarding the Solution’s performance, accuracy, or suitability for the Customer’s particular needs. Amiqa Tech disclaims all implied warranties to the maximum extent permitted by law.

9.3 Indemnification

The Customer agrees to defend, indemnify, and hold harmless Amiqa Tech from any claims, damages, or liabilities arising from the Customer’s breach of this Agreement, misuse of the Solution, or violation of applicable laws.
To clarify, you hereby agree to indemnify, defend and hold harmless Amiqa Tech, its successors, assignees, affiliates, agents, directors, officers, employees, partners and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

• any violation by you of these GTC or any applicable guidelines; or
• any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Solution.

10. TERM AND TERMINATION

10.1 Term

This Agreement remains in effect for the initial term specified in the Subscription Plan. Subscriptions may be automatically renewed unless terminated by either party in accordance with the terms of this Agreement.

10.2 Termination for Cause

Amiqa Tech may terminate this Agreement immediately if the Customer materially breaches its obligations and fails to remedy such breach within 20 days after receiving notice from Amiqa Tech.

10.3 Effects of Termination

Upon termination, the Customer must cease using the Solution, and Amiqa Tech will deactivate all access credentials. The Customer must also delete all copies of Amiqa Tech’s software and documentation. Amiqa Tech will retain or delete Customer Data in accordance with Section 6.3.

11. GENERAL PROVISIONS

11.1 Independent Contractors

The relationship between Amiqa Tech and the Customer is that of independent contractors. Nothing in this Agreement creates an employer-employee, agency, or partnership relationship between the parties.

11.2 Subcontractors

Amiqa Tech may use subcontractors to provide the Solution, but Amiqa Tech remains responsible for fulfilling its obligations under this Agreement.

11.3 Force Majeure

Neither party is liable for delays or failures to perform resulting from events beyond their reasonable control, such as natural disasters, government actions, war, or internet outages.

If a Force Majeure Event continues for more than 45 days, either party may terminate the Agreement with written notice.

Amiqa Tech reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Solution or any part thereof or any other tool provided through Amiqa Tech’s Services, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Amiqa Tech shall use its reasonable endeavors to notify registered users of such decision in advance. Any such decision will be made at Amiqa Tech’s discretion.

You hereby agree that Amiqa Tech and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, partners and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that Amiqa Tech may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Solution, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

Amiqa Tech may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its paid plans accounts from time to time.

11.4 Assignment

The Customer may not assign or transfer its rights or obligations under this Agreement without Amiqa Tech’s prior written consent.

11.5 Governing Law and Jurisdiction

This Agreement is governed by the laws of Sweden, and any disputes arising from this Agreement will be subject to the exclusive jurisdiction of Swedish courts.

11.6 Entire Agreement

This Agreement, together with any applicable Subscription Plan and Privacy Policy, constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.