Terms of Use
Please read these terms of use ("Terms") carefully before using the services provided through the website kattalo.com, operated by Kattalo AB ("Kattalo", "we", "us" or "our"). Your access to and use of our service (the "Service") is conditioned upon your acceptance of and compliance with these Terms and their Appendices. These terms apply to all visitors, users and others who use our service. By accessing, or using, our Service, you agree to be bound by these terms. Please direct questions related to these Terms to legal@kattalo.com.
Introduction
Last updated May 10, 2023.
Definitions
"User" means, in these Terms, individuals who have registered an Account.
“Account” means, in these Terms, a personal password-protected account used to identify specific Users while using the Service
"Profile" means, in these Terms, profiles that are created/associated with one or more accounts. A profile represents a child/student but does not have to contain personal data.
"Kattalo", "we", "us" or "our" means, in these Terms, Kattalo AB, corporate number 559264-7043, with registered office at Otterhällegatan 2, 411 17 Gothenburg, Sweden
"Platform" means, in these Terms, the portal provided by us at teachers.kattalo.com, as well as our apps on the App Store and Google Play
"Website" means, in these Terms, the website kattalo.com
"Service" means, in these Terms, access to and use of the Platform and/or Website
"Customer" means, in these Terms and Conditions, committee, principal or other person or body that has a mandate to enter into an agreement.
The definitions above shall apply to these terms regardless of whether they are capitalized or not.
The platform
The platform is an aid that will simplify language development for children in preschool, primary school and adapted primary school. The user can easily and efficiently create tasks and challenges with language-developing content in the Platform. The application also simplifies the User's administrative work in terms of feedback on tasks and that it more efficiently enables a continuous follow-up of the students' development/progression.
The fees for use of the Service ("Fees") are available on the Website and/or in our then published price list. The price stated for the Service excludes all taxes and fees, unless otherwise stated. You are responsible for any taxes and any other charges (for example currency exchange). All prices are exclusive of tax, which may be added to the price, depending on your place of residence.
Payment must always be made in advance for the entire license period, unless otherwise agreed. We reserve the right to change the listed currency at any time.
We have the right to adjust the prices for the Service from time to time. Adjusted prices come into effect at the subsequent license period. Payment shall be made by bank transfer to our bank account or by online payment as specified in the invoice, or otherwise from time to time. We can make invoicing to the email address provided by the user.
We will of course notify you in advance, either through the Service or to the email address you last provided us, if we change the price of the Service. In the event that there is a certain length and a certain price for your service offer, the price will apply at that time. After the offer period ends, your use of the Service will be charged at the new price. In the event that your agreement is without a specific length, we will notify you of price changes at least thirty (30) days in advance. By continuing to use the Service after the new terms come into effect, you accept the updated terms. If you do not want to accept the change, you have the right to terminate your license.
You must be authorized to use the payment method you specify when creating a billing account. You authorize us to charge you for the Service using your payment method and for any paid features of the Service that you choose to register for or use while these Terms are in effect.
You must keep all information in your billing account current. You can access and change your billing account information in your Account.
You can change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid service, we may suspend that service. Your notice to us will not affect charges that we send to your billing account before we can reasonably act on your request.
In the event you cancel, your service will end at the end of your current service period or, if we bill your Account on a recurring basis, at the end of the period in which you canceled. If you do not cancel as needed, we will automatically renew the service for the same period and charge your payment information on file with us from the first day of the renewal period. If we do not receive payment on the due date, your Account will be frozen, inaccessible and all shared links will be suspended until all outstanding payments have been processed by us.
In case you have taken part in a trial offer, you must cancel the Service before the end of the trial period to avoid new charges. In the event that you do not cancel your Service and we have said that the Service will be converted to a paid subscription at the end of the trial period, you authorize us to charge you for the subsequent period.
Except as prohibited by law, we may charge you a late fee if you do not pay on time. You must pay these late fees when we bill you for them. The late fee will be the lesser of one (1) percent of the unpaid amount each month or the maximum fee permitted by law. We may use a third party to collect overdue amounts. You must pay for all reasonable costs we incur in collecting past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may pause or cancel your service if you do not pay the full amount on time.
Payment
Addition
We may update and change any part or all of these Terms at any time and for any reason, including costs associated with using the Service (but your fees will not change during your subscription period except as we explain in the "Payment" section above.) I in the event that we update or change these terms, the updated terms will be published at https://www.kattalo.com/terms and we will notify you by email or by notification in the Service. The updated terms and conditions become effective and binding on the next business day after they are published.
Any new functionality introduced to the Service will be subject to what is set out in these Terms.
Payment terms for principals and schools are signed in separate agreements.
Change of the platform
We reserve the right to change and remove features of the Platform at any time including, but not limited to (i) functionality, (ii) features and (iii) services, with or without notice.
Any new functionality, new features or services introduced to the Platform will be subject to what is set out in these Terms.
We will make reasonable efforts to keep the Platform operational and fully functional during the changes described above.
We have no obligation to provide specific features or to ensure their availability.
Code of Conduct
You may only use the Platform for lawful purposes. You agree that when using the Platform or communicating through the Platform, you may not use the Platform to post, broadcast or otherwise distribute illegal material.
You further agree to the following:
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You shall not defame, abuse, harass, threaten or otherwise violate the legal rights of others or any third party, including us,
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You may not in any way publish, post or - in any other way express - any material or information that is inappropriate, defamatory, offensive, obscene, pornographic, racist, terroristic, politically biased, indecent or illegal;
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You shall not contribute to destructive activities such as the spread of viruses, spam or any other activity that may harm the Platform, its users or us in any way,
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You shall not monitor the availability, performance or operation of the Service for any competitive purpose, which includes, among other things, that you agree not to access the Service for the purpose of developing or operating a competitive product or service or copying the Service's features or user interface.
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In the event that we discover that you are in violation of these Terms or any other provisions set by us or our affiliates, we reserve the right to suspend or revoke your access to the Platform.
We recommend that you use the Platform carefully, and that you remember that the content you upload may be of a sensitive nature.
Content
The Platform includes features for uploading, posting, linking and communicating and otherwise making content available to others. You are always responsible for all distribution or other actions under your Account(s).
By uploading content to the Platform, you warrant that you are either the owner of the uploaded content or that you have a valid license to such content from the appropriate rights holder and that the content or your use of the content does not in any way violate national or international law. We do not monitor whether any content is lawfully uploaded or distributed through the Platform. In case you have any complaints or other questions related to any content, please contact legal@kattalo.com.
By submitting content to the Platform, you acknowledge that, depending on the settings of your Account(s), such content may be shared with others.
We take no responsibility for lost content and we advise you to always keep your own backup copy of your content.
We assume no responsibility with respect to the validity of any content provided by you or any other user.
Registration and accounts
Accounts can either be registered as a private or legal person. A prerequisite for the User to be able to use the Platform and its functionality is that an agreement has been drawn up between the User, or the User's employer, and Kattalo regarding the right to use the Platform.
Users under the age of 18 need the guardian's approval of these Terms, where the guardian gives their consent to the Terms and that the User becomes a Customer of Kattalo.
Users with contracts for private individuals are only entitled to use the Platform for private use.
Users with contracts through their employer are given a limited, non-exclusive and non-transferable right to use the Platform in their professional work.
The right to use only covers the number of licenses for which the Customer has paid in accordance with the price terms applicable at any given time. Use of the Service in any other way, e.g. resale, sublicensing, copying or modification of the Service is not permitted.
For the sake of clarity, you are also required to ensure that only one natural person can use each individual Account as each Account is personal.
When registering on the Platform, you must provide current, true and complete information requested in the registration form. You are responsible for keeping such information current and complete.
You agree that you will be fully responsible for all access to, or your use of, the Platform under your Account(s) and that you are responsible for all actions and activities performed under your designated Account. This also includes usage and information associated with the Profiles associated with your account.
You are responsible for your users' personal passwords and warrant that you treat them as sensitive and confidential information. We further advise you to use personal passwords with sufficient password strength and to change personal passwords periodically to prevent unauthorized access.
We reserve the right to terminate any Account if activities occur that constitute or may constitute a violation of these Terms or of any applicable local or international laws, rules or regulations.
We also reserve the right to delete inactive Accounts. Inactivity means that Kattalo has not been used for a continuous period of six (6) months.
Immaterial rights
The Platform and its original content, features, functionality and design elements are and remain the exclusive property of Kattalo and its licensors. Our intellectual property rights may not be used in connection with any product or platform without prior written consent from Kattalo.
Liability limitations
We are, subject to the limitations set out below, liable to you for damages caused by our negligence, regardless of the legal basis you use for such a claim.
Except as stated in the Agreement, we are not responsible for damages caused by changes to the Service made according to your instructions or made by anyone other than us (including but not limited to changes made by you or made on your behalf).
In no event shall we be liable for your loss of profit, revenue, savings or goodwill, loss due to operational, power or network interruptions, loss of data, your potential liability to third parties or indirect or consequential damages of any kind.
Our total and aggregate liability under these Terms is, for each calendar year and regardless of the number of damages, limited to 50% of the fees paid by you in the 12-month period before the time when the damages occurred. In the event that you use the service on a trial or otherwise free subscription, our total liability, regardless of the number of damages, is limited to 50 euros. Our liability for third party applications will never exceed the amount that we are entitled to recover from the provider of such third party application.
We are not liable for damages unless you notify us in writing within 90 days of noticing or should have noticed the actual damage or loss, but no later than six (6) months after the damage occurred.
Although we strive to have the Platform available 24/7/365, we cannot be held responsible if the Platform should be unavailable for any reason at any time. We do not guarantee that access to the Platform will be uninterrupted, timely and error-free. In addition, from time to time we may have to perform maintenance or introduce new features.
Personal Information
In the event that you use the service as a private person, you acknowledge that you are the personal data controller for all personal data that is processed by us on your behalf in relation to the service and that we are considered to be your personal data assistant. We and you have therefore agreed to enter into the agreement on data processing according to our privacy policy, which will apply regardless of the terms otherwise as long as we process personal data on your behalf.
In the event that you use the service at school, you understand that we only process personal data on behalf of the data controller, i.e. The customer. For questions regarding the processing of personal data in connection with the application, Kattalo refers the user to the person in charge of personal data, i.e. The customer.
Indemnification
You shall indemnify us in respect of any direct liability, loss, damage, cost or expense caused, arising out of or in connection with any breach of these Terms.
Secrecy
We are not responsible for confidential information shared through the Platform, provided we have not acted with gross negligence or intent.
Duration and Termination
These Terms and Conditions are considered valid from the day you accept them, i.e. when you first use the Platform, and expire when you terminate your Accounts. Upon termination, your right to use the Platform ceases immediately.
Distinguishing
In the event that any provision of these Terms between us and you is held to be invalid or unenforceable, such provision shall be limited or modified to the minimum extent possible to eliminate its invalidity or unenforceability so that these Terms otherwise remain in full force and effect.
Applicable law
The terms are regulated under Swedish law.
Disputes
Disputes arising from this agreement must be referred to mediation and/or arbitration in accordance with the West Swedish Chamber of Commerce's Trust Council's rules on mediation and arbitration.