The following general conditions constitute a legally binding agreement (the “User Agreement”) between the Customer and Tokeep AB (“Tokeep”) regarding Tokeep’s supply of private storage capacity on hard disk (including the Software) via the Internet (the “Service”). If the Customer is a private individual, the User Agreement is only valid if entered into by a Customer who is at least 18 years old on the day of entering into the User Agreement. If the Customer is a legal entity, the User Agreement is valid only if entered into by an authorized representative of such Customer.
A Customer that enter into the User Agreement in its capacity as a private individual is entitled to, in accordance with the Swedish Distance and Door-to-Door Sales Act (Sw: Distans- och hemförsäljningslagen 2005:59), cancel a subscription for the Service as well as a subscription for complementary services or upgrading within the scope of the Service, within two weeks after the date of the subscription. In the event the Customer intends to use its right to cancel a subscription, the Customer shall contact Tokeep’s customer service for processing of the cancellation. A Customer who is not a consumer is not entitled to cancel a subscription.
The Service consists of the services, the systems, the information and the products (including the Software) which appear, from time to time, in the description of the Service on Tokeep’s web site www.tokeep.com. Tokeep undertakes, in accordance with the User Agreement and in the manner described, from time to time, on Tokeep’s web site, to give the Customer access to the Service on the servers provided by Tokeep and to ensure that such servers are connected to the Internet. The Customer is aware and accepts that the Customers usage of the Service requires the Customer to have access to an Internet connection. The Customer must itself provide, pay for and sustain such Internet connection.
Tokeep and its personnel has no direct or immediate access to the information stored by the Customer through the Service and does not exercise any supervision of the information stored by the Customer.
Tokeep undertakes to take reasonable steps to ensure that the Service is accessible via the Internet 24 hours a day. However, Tokeep reserves the right to, at its own discretion and when it deems necessary due to technical-, operational-, maintenance- or security reasons, take measures which may affect the accessibility of the Service. Tokeep shall, if possible, in due time notify the Customer of any scheduled interruptions of the Service. However, the Customer is aware that the Service, wholly or party, may be closed down with immediate effect if Tokeep deems necessary for security or other reasons. Tokeep reserves the right to change, add or remove functions in the Service and to unilaterally change, make additions, and in other ways amend the terms of this User Agreement at any time. Tokeep shall notify the Customer, via the Service, at Tokeep’s web site or by email to an email address submitted by the Customer, of such amendments of the terms of the User Agreement and/or such material changes of the Service that Tokeep makes. In case the Customer does not accept such material change of the Service or of the terms of the User Agreement, the Customer shall, within thirty (30) days from receipt of Tokeep’s notification of the changes, terminate the User Agreement with immediate effect. A Customer that has not terminated the User Agreement at the latest thirty (30) days from the date when Tokeep notified the Customer of the changes, shall be deemed to have accepted such changes.
Tokeep is not liable for any disruptions or misrepresentations of the information which occur during the transfer via the Internet.
The Service does not protect against viruses or other harmful code and the Customer is aware that all opening of files is made at the Customer’s own risk. Tokeep does not guarantee the availability of the Service and does not guarantee that the Service is free from defects.
The service may include features offered through third-party providers. Tokeep is not responsible for these functions, but the user is responsible for any specific terms with regard to these suppliers.
If any part of the Software is offered with an open source license, this license is made available to you and the terms of that license may expressly violate some of the terms of this agreement.
Each Customer is entitled to register only one account for the Service. Upon registration, the Customer shall submit the personal and address details requested in the registration form including inter alia name, personal/corporate identification number, postal address and e-mail address (the “Registration Data”) and keep Tokeep informed of any changes in such Registration Data during the term of the agreement. A Customer who is a legal entity shall also submit information about the contact person(s) who shall have access to the Service on behalf of the legal entity. If the Customer submits inaccurate, incomplete or outdated Registration Data, Tokeep is entitled to terminate the User Agreement with the Customer with immediate effect and to concurrently cancel or terminate the Customer’s access to the Service.
Tokeep collects and processes the personal data about the Customer or the Customer’s contact person(s) that is submitted with the registration form (the “Personal Data”) in order to supply and administrate the Service and to fulfill its obligations under the User Agreement. To the extent necessary for Tokeep’s supply of the Service, Tokeep may transfer the Personal Data to service providers and partners. Tokeep and/or Tokeep’s partners are entitled to handle the Personal Data for marketing, campaigns, offers and new products or services that are offered within the scope of the Service by Tokeep or Tokeep’s partners. The Customer or the Customer’s contact persons are entitled to access the Personal Data that Tokeep has registered about them, and may at any time demand Tokeep to correct or erase erroneous or incomplete Personal Data. In addition to this, the Customer may itself correct its personal data, by logging into its account for the Service at Tokeep’s web site. By accepting this User Agreement, the Customer consents to Tokeep’s processing of Personal Data in accordance with this Section 3.
Tokeep is not entitled to submit customer information to anyone other than the partners who, together with Tokeep, provide products and/or services within the scope of the Service.
The Customer is itself responsible and shall bear all costs for the Customer’s access to such equipment that is required to access and use the Service at its full capacity, including to but not limited to Internet access and telephone-, data-, hardware- and software equipment.
The Customer is solely and exclusively responsible for all information that the Customer submits, processes or handles by means of the Service and for all information that the Customer stores on Tokeep’s servers (the “Contents”).
The Customer may use the Service only in accordance with the User Agreement and Tokeep’s from time to time applicable instructions. The Customer is not entitled to use the Service in any way that may overload, disturb, harm, inactivate or impair the Service, or use the Service in any way that may lead to transfer, distribution or uploading of software or material containing harmful code, such as virus, timebombs, cancelbots, worms, Trojan horses, espionage software or other potentially harmful software, material or information.
The Customer undertakes not to use the Service for the purposes of uploading, posting, emailing or in any other way processing or forwarding information in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of the personal data act) or that may in any other way be conceived as threatening, insulting, racist, harrassive, offensive, vulgar and/or indecent or which involves infringement of someone’s personal sphere. The Customer is also obligated not to use Tokeep’s trademarks or distinctive marks in any way other than has been explicitly consented to by Tokeep.
The Customer is not entitled to use information in the Service or storage space on Tokeep’s servers for any other purpose than using the Service in accordance with this User Agreement. The Customer shall not for commercial purposes reproduce, multiply, produce versions of, sell, resell or exploit any part of the Service, usage of the Service, or access to the Service without prior agreement to this effect with Tokeep. The Customer may neither use the Service as part of automatized processes for other software applications or in connection with bulk emailing of information or as support for publicly available file sharing services.
By agreeing to this User Agreement the Customer consents to Tokeep’s processing and storing of the Registration Data and the Contents, and to disclosing Registration Data or Contents if Tokeep is obliged to do so by law, or if Tokeep at its own discretion considers it necessary to (a) comply with a legal obligation; (b) uphold the User Agreement; (c) respond to statements that Contents and/or Registration Data constitute an infringement of a third party right or in any other way is in contravention with law; or (d) protect Tokeep’s, its users or the publics’ interests, rights, property or personal safety.
The Customer is aware that Tokeep’s providing of the Service and storing the Contents and Registration Data may involve (a) transfer through different networks; and (b) amendments to adjust and process the Contents in accordance with technical requirements for connecting networks or appliances.
Tokeep grants the Customer a non-exclusive, non-transferable, world wide and revocable license to install and use any software included in the Service, including connecting media and specifications, and instructions for handling of such software (collectively the “Software”). Tokeep reserves the right to change or replace the software during the term of this agreement. All intellectual property rights to the Software are held by Tokeep or its licensors. The Customer has no right whatsoever to the Software, except for what is explicitly stated in this User Agreement.
The Software may only be copied by the Customer to the extent that is explicitly consented to in writing by Tokeep. The Customer may not under any circumstances entirely or partly decompose, connect together in network, process, change, reverse engineer, copy, make additions or create derived items or productions from the Software in addition to what is explicitly stated in this User Agreement. The Customer also undertakes to ensure that no third party is admitted to examine the Software without Tokeep’s written consent. At the termination of the User Agreement the Software shall be uninstalled by the Customer.
In connection with a notice of defect or support issues regarding the Software, Tokeep shall be entitled to collect information regarding the Customer’s hardware, operating system, program etc., and to obtain such other information or data which may be required in handling the notice of defect or support issue. The Customer hereby agrees that Tokeep may collect information in accordance with the above. Tokeep is not entitled to use information regarding the Customer, which has been obtained according to the above, for other purposes than handling the notice of defect or support issue. Tokeep is obliged to treat such obtained information confidentially. Tokeep does not in any way guarantee that the Software is adequate to the Customer’s needs or that the Software can be used without disruptions or defects.
The Customer shall ensure that the user account(s) and the password(s) or similar which the Customer receives for its use of the Service are stored in a satisfactory manner and protected from being used by any third party. The Customer is responsible for any and all unauthorized use of the Customer’s user account and password until the Customer has requested and Tokeep has blocked the access to the Service for a specific user identity. Tokeep is entitled to, by the use of its own staff or by the use of subcontractors, control the Customer usage of the Service and its user accounts and passwords, in accordance with this User Agreement.
Customer support is only made available to Customers that have subscribed for the payable version of the Service and is not included in free versions of the Service. A Customer that uses a free version of the Service is referred to Tokeep’s web site, www.tokeep.com for further information regarding customer support.
A Customer that has subscribed for the payment version of the Service shall pay Tokeep according to the price plan specifically agreed between the Customer and Tokeep and otherwise in accordance with Tokeep’s from time to time applicable price lists for the Service which is published on Tokeep’s web site. Obligation to pay for the Service arises when the Customer creates an account for the payment version of the Service with Tokeep. Tokeep reserves the right to at any time unilaterally change the prices for the Service. Such changes shall be applicable to all payment periods that are entered into after Tokeep has published the new price list on its web site or in another manner informed the Customer of the change of prices.
All fees shall be paid in advance, unless otherwise is specified. In cases where a service is invoiced after consumption, post-invoicing / crediting may occur.
A Customer that chooses payment by credit card, thereby consents to Tokeep’s withdrawing money from the submitted credit card, in accordance with the payment period chosen by the Customer. The Customer receives a receipt for the payment which is stored on the Customer’s account for the Service.
If the Customer has not made payments and has insufficient funds at the submitted credit card, Tokeep is entitled to cancel, wholly or partly, the Service, until the Customer has paid in full. If the Customer does not pay, despite a reminder from Tokeep, Tokeep is entitled to immediately terminate the Customer’s User Agreement. Upon delayed payment, Tokeep is further entitled to compensation for reminder letter, recovery, enforced collection and entitled to statutory interest rate.
Payments made are binding and will not be refunded to Customer in connection with the termination of theUser Agreement or in connection with downgrading/deactivation, regardless of the cause of the termination of the User Agreement or when such termination occurs.
Each party undertakes not to disclose or make available to any third party any information which it has obtained by the other party within the scope of the User Agreement. The confidentiality undertaking does not apply to such information that a party can prove has come to the party’s knowledge otherwise than within the scope of the User Agreement or which is in the public domain. The confidentiality undertaking does not apply to such information which is required to be disclosed by law. The confidentiality undertaking shall remain in force upon the termination of the User Agreement. The Customer shall at all times when using the Service abide by Tokeep’s from time to time applicable provisions regarding computer safety.
If claims are made against Tokeep or an action is brought against Tokeep due to the Customer’s use of the Service, the Customer undertakes to indemnify Tokeep for any harm, loss or damage that is inflicted upon Tokeep because of such claim (including but not limited to costs connected with settlement or judgment). The undertaking is valid only if the Customer, within a reasonable time from the claims have been made, is informed in written by Tokeep of the claims or of the fact that actions have been brought against Tokeep. It further requires that the Customer is given the opportunity to approve of any settlement or similar undertaking.
Tokeep shall not be liable for any direct, indirect or consequential damage, on persons or property, economic loss or loss of data which are caused to the Customer or a third party due to the Service or the Customer’s use of the Service. Tokeep shall not be liable for any unauthorized access to data or deficient data secrecy in connection with the transfer of information via the Internet when using the Service.
Tokeep’s liability shall be limited to the above stated except in case of intent. Tokeep’s liability under the User Agreement shall under all circumstances always be limited to a sum corresponding to the annual fee paid by the Customer for the Service according to this User Agreement. However, such liability shall never exceed SEK 10 000. Claims in excess of this sum cannot be made against Tokeep by the Customer. This limitation shall apply even if other guarantees or remedies under this User Agreement fails to fulfill their purposes.
This User Agreement enters into force on the day of the Customer’s subscription for the Service through registration on Tokeep’s website and shall remain in force until terminated. Either party may terminate the User Agreement at the end of the then current payment period, provided that notice of termination is given at least thirty (30) days prior to the end of such payment period. The same period of notice of termination applies to Customers that wish to downgrade the size of the account or disable active payable services within the scope of the Service. If notice of termination of the User Agreement has not been given at least thirty (30) days prior to the end of the current payment period, the User Agreement shall automatically be renewed for an additional period of time, corresponding to the term of the previous payment period, with thirty (30) days notice period.
The Customer can give notice of termination of the User Agreement through its account for the Service or by sending a written notice of termination to Tokeep. Written notice of termination which is not sent through the Customer’s account for the Service, shall be supplemented with a copy of the Customers valid piece of identification or, if the Customer is a legal entity, a copy of a valid registration certificate of the legal entity.
Upon termination of the User Agreement, the Customer will have access to the Service for the remainder of the term paid for by the Customer. The Customer is responsible for clearing its account prior to the end of the term of the User Agreement. If the Customer does not clear its account within the above time, Tokeep will store the remaining files for two (2) months in the event the Customer wishes to re-activate its account. After this period, Tokeep is entitled to erase the remaining files. Should the Customer seek Tokeep’s assistance to transfer information, Tokeep is entitled to remuneration in accordance with Tokeep’s from time to time applicable price list relating to consultancy services for such assistance.
Tokeep retains the right to immediately terminate the User Agreement and/or close down, wholly or partly, the Service (including immediately clearing the storage space) for any Customer that uses the Service in breach of this User Agreement or Tokeep’s instructions, uses the Service to store and/or transfer unreasonably large quantities of data or for unreasonably long data sessions compared to the average usage of the Service, or for Customers that Tokeep otherwise considers risk to seriously disrupt the usage of Tokeep’s systems or that obviously abuse the Service.
The Customer accepts that Tokeep is entitled to terminate the User Agreement and clear the storage space from Customers of the free version of the Service that have been inactive for a longer period than one (1) month. In the event Tokeep intends to terminate the User Agreement due to inactivity, Tokeep shall send an email notification thereof to the Customer’s email address. The Customer may then re-activate the Service to be entitled to keep the Service on the same terms as were previously applied. In the event the Customer has re-activated the Service within one (1) month from receipt of Tokeep’s notification of termination, Tokeep shall be entitled to terminate the Customer’s account and clear the storage space.
In addition, Tokeep entitled to terminate the User Agreement with immediate effect if the Customer is declared bankrupt, suspends its payments, enters into liquidation or is otherwise deemed insolvent.
Upon Tokeep’s termination of the User Agreement for Customer’s breach of contract, Tokeep retains the right to request compensation from Customer for all damage caused by the Customer’s breach of contract.
A party is not liable for non-performance of a certain contractual duty in accordance with the User Agreement if the non-performance is due to a circumstance which is stated below (a “relieving circumstance”) and if the circumstance prevents or significantly complicates the performance under the User Agreement in due time and the circumstance has been beyond such party’s control. Such relieving circumstance is inter alia an act or an omission of a public authority, new or amended legislation, general labor disturbance, boycott, damage or destruction by lightning, fire, flood, lack of supply regarding transportation, goods or energy, or fault or delay of delivery of goods or services by a supplier on the same relieving circumstance that is stated above and disturbances in the general data- or telecommunication network.
This User Agreement comprises the entire agreement between the parties regarding the Customer’s use of the Service. Except for Tokeep’s right to change, make additions and in other ways amend the terms of this User Agreement according to Section 2 above, all potential additions or amendments to this agreement shall be made in writing and be duly signed by both parties.
The Customer shall not be entitled to transfer its rights or obligations according to this User Agreement, without Tokeep’s written consent. Tokeep is entitled to transfer its rights and obligations according to this User Agreement in its entirety.
Tokeep is entitled to employ subcontractors to perform its obligations pursuant to this User Agreement. Tokeep is liable for its subcontractors.
This User Agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of or in connection with this User Agreement shall be settled by the courts of law of Sweden, with the district court of Blekinge (swe: Blekinge tingsrätt) being the court of first instance.
Notices to the Customer will be sent to the email address the Customer has submitted in the User Agreement. Notices from the Customer to Tokeep may be sent via the headline “Contact” on Tokeep’s web site. Notices shall be deemed to have been received by Tokeep when Tokeep confirms receipt by a personal reference (not by auto reply).
Tokeep AB, org.nr 559193-9664, Pirgatan 1, 374 35 Karlshamn, (”Tokeep”, ”we” or ”us”) is data controller for your personal information.
We at Tokeep differentiate information related to your account and the information you store at your account. For personal information associated with the customer account, such as e-mail address, name, address, phone number, etc. customer service and other support staff have access to these through administrative interfaces.
In the case of customer-stored information, only a few individuals, on rare occasions and after requesting a customer’s access authority (read more about access authority), have the right to access the customer’s account.
Tokeep processes personal information provided by the customer in connection with subscription or test of service. The personal data are processed in order for Tokeep to be able to complete entered agreements for the provision of services, for administration and invoicing thereof, and for Tokeep to be able to fulfill its obligations under Swedish law.
In addition to the personal data processing for the above purposes, Tokeep may use the personal data for sending information, newsletters and direct marketing. However, in respect of the two later of these, we need your agreement for this process.
The personal data that Tokeep collects and processes may, depending on the context, include:
name and contact information, including address, mobile number and e-mail address, social security number, billing information, payment and credit card numbers, as well as any other information you provide in connection with the purchase of our service, username and password of our services, purchase, pay and order history, Other information relevant to customer surveys, ads or offers, IP address, and information provided in support cases.
General Data Protection Regulation requires legal basis for all processing of personal data. Below is the legal basis for each process.
Consent: Direct marketing and newsletters.
Completion of agreement: Provision, administration and invoicing of Tokeep’s service.
Legal obligation: Invoice documents are stored in accordance with current accounting rules.
Tokeep takes all reasonable steps to ensure that your personal data is processed and stored safely. Your personal data will never be stored longer than permitted by applicable law or for the purposes stated above. Your personal data will be processed by us during the following periods.
Customer: As a Tokeep customer, your personal information is retained until you relinquish the service. However, this does not apply if we need to save your personal information due to any of the items below.
Completion of agreement: Personal data (name, social security number, address, telephone number, e-mail and payment information) provided in connection with the ordering of the service will be retained as long as Tokeep is required to fulfill the agreement with you.
Legal obligation: Tokeep saves invoice data for as long as required by current accounting rules.
Consent: In cases where we process your personal information based on your consent, we will only save your personal information as long as we still have your consent to it. If we do not need to retain them due to any of the above.
When Tokeep no longer has the right to process your personal information, for example, if you terminate your account, or if you revoke your consent, your personal information will be deleted within 60 days. This 60-day time period begins with account statements starting from the date the account expires. During these 60 days we can still send information to you, as you can reactivate your account during this time period. If you do not want information during this time period, contact support to be forgotten.
The protection of your personal data is an important part of Tokeep’s business and the information you save with us is never disclosed to anyone else unless you consent to this or if it is done in accordance with the paragraph below. In order to further clarify this, Tokeep will under no circumstances sell, share or disclose information unless required by law requires it or whether it is a direct result of legal action.
However, in order for Tokeep to deliver its services, it may mean that customer information is shared with another party. Tokeep always observes extreme caution. The parties to whom transfer takes place as a necessary part of Tokeep’s ability to deliver its services, Tokeep assists with the following:
Handling of invoices and credit cards.
Issue of information mail, e.g. newsletter. Mail sent by third party is sent directly by Tokeep.
“Other information” means information that does not concern persons. We use such information on our websites. For example, it may be the time of browsing, access times, browser version, operating system, and other tasks that are not associated with a person. With this information, Tokeep can see how the services are used but not what is stored. This can for example be what kind of upload, what menus are used, what times the apps connect, etc. With this information we can improve our services so that our customers get a better user experience.
You are entitled to once a year, at no fee, request information about the personal data we have stored about you and how these are used. If you would like such information, please contact us according to the contact details below.
Tokeep wants to ensure that your personal information is accurate and up to date. Therefore, you can change your personal information at any time by emailing us at support@Tokeep.se.
You may at any time request that we remove personal data relating to you. Tokeep will then remove the relevant personal data if they are no longer necessary for the purposes for which they were collected or otherwise processed. This will also be done by Tokeep when you revoke your consent to the treatment.
In addition, you are entitled to require Tokeep to limit your processing of personal data in some cases and you may object to certain processing of your personal information. In addition, you have the right to request Tokeep to transfer your personal data to another personally responsible person in electronic format.
As stated above, your personal information is not processed for purposes such as direct marketing if you oppose such treatment. You are entitled to revoke any consent for processing personal data at any time. Such recall may be limited to only part of the treatment, such as direct marketing. Revocation of your consent does not affect the legality of Tokeep’s processing of personal data until you revoke consent.
You may file a complaint with the Swedish Data Protection Authority if you believe Tokeep’s processing of your personal data does not occur in accordance with applicable law.
We are concerned that your personal information is processed safely. In order to prevent unauthorized use or exposure of your personal data, we use appropriate and reasonable physical, technical and organizational security measures in relation to the amount and sensitivity of personal data, to ensure an appropriate level of security.
Cookies are usually categorized based on their origin, based on whether or not they are stored in your browser. First of all, cookies can either be sent to you from the site you visit (i.e., first-party cookies) or from another organization that provides services to the current site, such as an analytics and statistics company (so-called third-party cookies). Cookies can also be divided into session cookies and permanent cookies. A session cookie is sent to your computer in order for the web pages to work properly during your visit and are not stored on your computer without erasing and disappearing when you close your browser. The function of a session cookie, for example, is that it is activated when you return to a previously visited part of the website, thus facilitating your navigation on the website. A durable cookie, however, is stored in your browser, thus allowing a web page to recognize your computer’s IP address even if you turn off your computer or log out between visits.
Tokeep uses both session cookies and permanent cookies on the website. Both types of cookies are needed primarily for the functionality of our services, to help us improve our delivery of products and services, provide you with extra functionality or to help us target relevant and customized ads to you. Tokeep uses third-party cookies from Google Analytics to investigate how the information on the company’s website can best be adapted and developed. The cookie is stored for 1 year. Then it is deleted.
Everyone can, directly on the browser, decide if they want to accept cookies or not.
If the changes concern such personal data processing that we perform on the basis of your consent, we will allow you to again give your consent.
All material on www.Tokeep.com is copyright protected by Tokeep AB, unless otherwise stated. Other trademarks and products mentioned on www.Tokeep.com are probably copyrighted and trademarked by the respective owners.
Tokeep is data controller and have the following contact information:
Tokeep AB, Pirgatan 13, 374 35 Karlshamn, info@Tokeep.com
Tokeep has chosen a data protection officer who has the following contact information:
Simon Jimson, Pirgatan 13, 374 35 Karlshamn, dpo@Tokeep.com
If you have any questions regarding our processing of your personal information, request for rectification and / or deletion of personal data or other matters relating to your personal information, please contact Tokeep or the Data Protection Officer by sending a letter or email to the addresses listed above.