Terms and Conditions

1. Introduction

Worldfavor AB, 556754-8689 (“Worldfavor”), is very happy that you want to use our service (the “Service”). By using our Service, you will be part of changing the world! However, before using the Service, you must accept our Terms and Conditions (the “Terms”) below. 

If you have any questions, do not hesitate to contact us at info@worldfavor.com.

2. Definitions

The following terms shall have the meaning ascribed to them below. 

“Company” means a Customer or a Provider. 

“Customer” means a Licensee Customer or a Free Tier Customer (as applicable).  

“Free Tier Customer” means an organization that choses to benefit from any Worldfavor offer available from time to time to freely enter into and access certain sustainability data in the Service. 

“Licensee Customer” means an organization that has entered into a separate Service Agreement with Worldfavor providing additional and enhanced access to the Service.  

“Data” means all texts, statistics, graphics, pictures, and all other information that a User or a Company upload or publishes via the Service for the purpose of sharing it with other user/s of the Service. 

“Provider” means an organization that enters sustainability data into in the Service. 

“Publisher” means any publisher or owner of guidelines, frameworks or standards that may be made available via the Service. 

“Service” means the digital platform made available by Worldfavor from time to time for access, management, visualization, evaluation, comparison, registration, and analysis of sustainability Data, which you can enter into and access via the Site. The Service includes access to features, functionality, design elements, graphics, pictures, texts, statistics, guidelines, frameworks, standards and any other material or information.  

“Service Agreement” means the license between the Licensee Customer and Worldfavor including any appendices. It regulates the access to the Service for any Customer Users, any fees, and other commercial and legal terms between the Licensee Customer and Worldfavor.  

“Site” means the domain and subdomains of www.worldfavor.com. 

“User” means you, a natural person who is reading this document. As a User you can fall under one or several of the following categories: 

“Customer User” if you are designated as a User of the Service on behalf of a License Customer; 

“Free Tier User” if you are accessing the Service on behalf of a Free Tier Company; 

“Provider User” if you are accessing the Service on behalf of a Provider; or  

“Consumer User” if you are accessing the Service as a consumer.  

“User Account” means any individual User’s account for accessing the Service. 

3. Who is accepting these Terms?

If you are a Customer User, a Free Tier User, or a Provider User, you are accepting these Terms on behalf of the Company you are representing. In such case, you represent and warrant that you have legal authority to do so. In these cases, “you” should be interpreted to include reference to the Company you represent, where relevant. 

Whereas the relationship between Worldfavor and the Licensee Customer is regulated in the Service Agreement, each Customer User shall accept these Terms prior to accessing the Service. If there are any discrepancies between these Terms and the Service Agreement, the Service Agreement shall prevail.   

If you are a Consumer User, you are entering these Terms only on behalf of yourself, the natural person. If you are a Consumer User you may have additional rights and remedies other than set out in these Terms in accordance with applicable mandatory consumer laws.  

4. The Scope of the Service

The Service is a digital platform, available via the Site, where you can enter, manage, visualize, evaluate, compare, record, and analyse your own and/or other’ Companies’ sustainability Data.  

You will have different access rights to the Service depending on which type of User you are. If you are a Customer User your access rights will also depend on which type of subscription plan or other commercial terms that the Licensee Customer you are representing have chosen, as set out in the Service Agreement. 

5. The User Accounts

You are responsible for keeping your login information and password secure and for keeping your login information updated and complete. You are not allowed to share your login information or let unauthorized users access the Service. You will promptly terminate any unauthorized use of which you become aware and promptly notify Worldfavor if you become aware of any unauthorized use.  

Each Company can manage the User Accounts of their Users from an administrator account. 

You and the Company you represent are jointly responsible for the activities conducted through your User Account. 

6. Prohibited use of the Service

We strive to provide you with a great Service, in return we ask that you play nice. This includes that:  

  1. You may not use the Service to do, upload, or share anything: 

    • that breaches these Terms, applicable laws, or could otherwise give rise to criminal or civil liability, 

    • that you believe could be to be misleading or fraudulent; or 

    • that infringes or breaches someone else’s rights, including their intellectual property rights. 

  2. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Service or any Content. 

  3. You may not access or collect Data from our Services using automated means (without our prior written permission) or attempt to access Data you do not have permission to access. You should only access Data in the ways provided by the Service.  

Worldfavor assumes no responsibility for you or other Users’ posting or transmitting of prohibited Data. Worldfavor will cooperate with authorities and comply to court orderings requesting or directing Worldfavor to disclose the identity of anyone posting prohibited Data.  

7. Data

You warrant that you represent the owner or license holder of any Data you provide in the Service, as well as that the Data you provide does not infringe on any third-party rights or violates any applicable laws.  

The Service makes the uploaded Data available to us at Worldfavor and to the Company that you represent. The Worldfavor mission is to increase transparency within sustainability, and several of our functions relates to sharing Data with other companies. Therefore, in certain cases, the Data you share might also be shared with other Users of the Service. Before sharing your Data, you will know if it is being shared with only your company or if other Users also will be able to access the Data. Regardless of which other Users you are sharing the Data with, Worldfavor reserves the right to use your name to indicate that you are a User of the Service. 

The Service contains Data uploaded also by other Users. This means the following: 

  • You hold no right and make no warranties in relation to any other data than the Data that you have uploaded.  

  • You may not use Data you have not yourself uploaded in any other way than as technically enabled as part of the intended use of the Service.  

  • You may not outside the intended use of the Service, without prior written consent of the relevant data owner, use, sell, copy, modify, sublicense, or distribute any Data made available to you through the Service, except the Data that you have uploaded. 

Worldfavor neither warrants nor represents that the Data, or the use thereof, does not infringe rights of third parties.  

By accepting these Terms, you grant Worldfavor and where applicable the receiving User, a non-exclusive, global, perpetual, and irrevocable right to use, modify, distribute, sublicense, publish and process all Data submitted by you for the purpose of providing the Service to Worldfavor’s users. The aforementioned right shall include a right for Worldfavor to use all Data, including where applicable, Personal Data, in an aggregated and unidentifiable manner, for analyses and internal purposes, and for improving and developing the Service.  

You shall, at your expense, defend, indemnify, and hold Worldfavor harmless against any and all losses arising out of or in connection with any claim that Worldfavor’s use or possession of the Data in accordance with these Terms infringes any intellectual property rights of any third parties or violates any applicable laws or have been uploaded in violation of these Terms.  

8. Personal Data

Free Tier Customers, Licensee Customer and Providers are the personal data controller under GDPR for any personal data which have been entered into the Service by their Users.  

Your own rights in relation to your own personal data is regulated via the Privacy Policy which forms part of these Terms.   

9. Intellectual property rights

Worldfavor, or its license providers such as the Publisher, hold all intellectual property rights and other rights attributable to the Service, its content, and any ancillary services, excluding the Data. For the avoidance of doubt, this includes but is not limited to copyright, trademarks, know-how, design, or other intellectual property rights in relation to the Service or any of the data shared through the Service. You are granted a limited, non-exclusive, and non-transferable right to use the Service only in accordance with these Terms. No intellectual property rights are transferred through these Terms. You may not without our prior written consent in any other way than what is expressly permitted in these Terms, use, sell, copy, modify, sublicense, or distribute any part of the Service or any intellectual property rights related thereto, or any of the Service content or other customers data made available to you through the Service. You may not decompile or disassemble the Service or by any other means recreate the Service’s source code, except for what is permitted under mandatory law. Notwithstanding the foregoing, you have the right to use your own Data in the same format as you have entered into the Service.  

For Free Tier Customers or Providers, Worldfavor reserves the right to use the Company’s trademarks and other characteristics to promote the Service. This shall, for example, include the right to refer to the Company as a customer of Worldfavor at Worldfavor’s website.

10. Third-party sites

Worldfavor is not responsible for the content of any third-party site linked to from the Service. You are advised to review any terms and privacy policies of such third-party sites before using them.

11. Limitation of liability

The Service is provided “as is”, without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, its fitness for a particular purpose, or non-infringement. Worldfavor’s liability for breach of these Terms is limited to direct damages and to a maximum amount of 50 000 SEK for all claims. 

Worldfavor shall not be liable for any indirect damages arising out of the User’s or Company’s use of the Service to the extent permitted by applicable law. Worldfavor shall also not be responsible or liable for any failure of the Service due to unforeseen circumstances or causes beyond its reasonable control. You have no other right to damages or other compensation, unless Worldfavor has acted wilfully or grossly negligent. 

12. Breach of the Terms

If the Service is used in violation with these Terms, applicable law, or if the use constitutes a risk of harming or adversely impact Worldfavor’s Service or any third party or Worldfavor’s goodwill, trademarks, or reputation in general, Worldfavor reserves the right to delete, restrict or block any Data related to the breach and to limit your access to the Service and/or suspend and/or terminate your account. In the event of such limitation of your access or termination of your account. 

Free Tier Customer, Consumer Users and Providers agree to compensate Worldfavor with respect to all direct liability, losses, damages, costs, or expenses caused, arising out of, or in connection with the Company’s or its designated Users’ I) negligence, II) breach of these Terms, or III) misuse of the Service.  

Customer User’s liability is governed by the provisions in the Service Agreement.  

13. Changes to the Terms

Worldfavor may at any time revise these Terms by publishing the new Terms on the Site and informing you through your submitted contact information whereas such changes shall be in force earliest with 30 days from the publication thereof. Your continued use of the Service thereafter will constitute acceptance of such updated terms. If you do not accept the changes to the Terms you may terminate your use of the Service in accordance with Section 14.  

14. Termination of the Service

These Terms shall take effect immediately upon your acceptance of the Terms and remain in effect until the earlier of your discontinued access to and use of the Service or Worldfavor’s termination of the Service or any part thereof or Worldfavor’s termination of the Terms as set out below. You may terminate the Terms and your use of the Service by contacting Worldfavor through termination@worldfavor.com. Termination will take effect seven (7) days after your email. Termination will not affect the rights provided in Section 7. 

Unless you are a Customer User, Worldfavor may terminate the Service or the Terms by giving you thirty (30) days prior written notice by posting on the Site or contacting you through your submitted contact information. 

Worldfavor will allow you to retrieve a copy of relevant Data from the Service during a period of thirty (30) days following the effective date of termination of the Terms and Worldfavor reserves the right to delete any and all Data thereafter.     

15. Governing law and dispute resolution

These Terms shall be construed in accordance with and governed by Swedish law.  

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). 

The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. 

The parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other party. This notwithstanding, a party shall not be prevented from disclosing such information in order to safeguard in the best possible way its rights vis-à-vis the other party in connection with the dispute, or if the party is obliged to so disclose pursuant to statute, regulation, a decision by an authority, applicable stock exchange regulations or the regulations of any other recognized marketplace. 

 

Agreement version: June 20, 2022