Terms & Conditions

1. About us and the Agreement

• Globy AB, 559474-2693, Grönviken 172, 865 92, Alnö, ("Globy"), provides a platform with associated services (the "Service(s)") where Customers automatically can generate and deploy custom made websites, including website structure, design elements, and content (the "Website"). The Service is further described on Globy's webpage www.globy.ai.
• By registering an account with us, you as a company or organisation (the "Customer") accept to be bound by these terms and conditions (the "General Terms"). Additional terms and conditions may apply as set out in other documents referred to herein, including Globy Data Processing Agreement (the "DPA") and Service Level Agreement (the "SLA") when applicable. These General Terms form integral parts of the parties' agreement regarding the Services (the "Agreement") and shall be applied together with the terms set out herein and any additional terms incorporated by reference. Please be aware that our services are not designed for consumer use.

2. Responsibilities of Globy

• Provided that the Customer pays the agreed fees and complies with the terms of the Agreement, Globy shall provide the agreed Services to the Customer in accordance with the Agreement.
• The Services shall be provided in accordance with the descriptions on Globy's webpage and with reasonable skill and care. Unless otherwise agreed, Globy shall provide the Services according to the requirements and service levels set out in this Agreement, as applicable, and otherwise according to the methods and standards normally applied by Globy.

3. The Services

• The Customer is granted a non-exclusive, non-transferable and limited right to access and use Service pertaining thereto solely for the purpose specified on Globy's webpage. The service plans offered by Globy are available on its webpage. Each service plan includes a defined set of functionalities, support levels, usage limitations, and applicable service periods or durations, as further detailed in the respective service plan description on Globy's webpage.
• Globy shall provide the Customer with the credentials and information required for the Customer's authorised users ("Authorised Users") to, from the agreed start date, access the Service.
• The parties may agree upon the provision by Globy of support, consulting or other professional services in relation to the Services ("Professional Services"). Professional Services may be included in certain service plans provided by Globy.
• All access to and all use of Services is subject to the restrictions and limitations set out in the Agreement.
• Globy may use third-party providers in the delivery of the Services. Globy remains fully responsible for the performance of such third-party providers as if the Services were provided directly by Globy. To the extent that the Customer elects to integrate or use other third-party services or providers in connection with the Services that are not supplied, recommended or subcontracted by Globy, the Customer shall be solely responsible for such use, including compliance with applicable terms and conditions and the functionality, security, and performance of such third-party services or providers.

4. AI functionality in the service

• Customer acknowledges the Service incorporates artificial intelligence and machine-learning capabilities ("AI Functionality") that autonomously generate, design and deploy the Website and related materials in response to Customer's data, instructions and prompts.
• Customer shall, before any publication, use or distribution, conduct its own thorough review, verification and, where necessary, modification of all AI outputs to ensure regulatory compliance (including without limitation intellectual-property, privacy, consumer-protection and accessibility requirements), and suitability for Customer's intended purpose.
• The AI Functionality is provided "AS IS," and, to the fullest extent permitted by law, Globy disclaims all warranties—statutory, express or implied—including any warranty of accuracy, merchantability, fitness for a particular purpose or non-infringement, and Globy shall have no liability, whether in contract, tort (including negligence) or otherwise, arising from or relating to any AI outputs or Customer's reliance thereon.
• Customer further acknowledges that the AI Functionality is an evolving technology that Globy may modify, replace, suspend or discontinue at any time without notice, provided such changes do not materially degrade the overall Service; and nothing in this Section 4 limits or supersedes any other disclaimers, exclusions or limitations of liability set forth elsewhere in this Agreement.

5. Customer Data

Globy will not acquire any title to or ownership of the Customer Data by virtue of the Agreement. When acting as a data processor under the GDPR, Globy shall have the right to access, use and otherwise process the Customer Data and information provided by the Customer in relation to the Services solely for the purposes of providing the Services in accordance with the Agreement and as set out in section 20.2. "Customer Data" means data and content that the Customer provides to the Services or allow or enable to be transmitted to or stored in the Services or which is otherwise generated by the Services as a result of the Customer's use of the Services.

6. Changes to the Services

Globy reserves the right at any time to make any change to, addition to or replacement of any part of the Services. Globy will endeavour to publish information about such change on Globy's webpage. If such change materially reduces or impairs the overall quality or features of the Services and the Customer objects to the change, the Customer shall promptly and latest within 30 days from the change coming into effect, notify Globy in writing, specifying in reasonable detail in what manner the change is not acceptable to the Customer. If Globy has not within 30 days remedied the issue notified by the Customer in a reasonably satisfactory manner, or otherwise agreed, the Customer shall be entitled to terminate the affected Service for convenience without liability by giving Globy written notice of termination, effective from the end of the month during which notice is given.

7. Evaluation Services

• Globy may make services that are under development ("Evaluation Services") available to the Customer. Evaluation Services will be marked as "Beta", "Evaluation", "Trial", "Test" or similar, and are provided for evaluation and testing purposes only.
• The Customer's use of any Evaluation Services is at the Customer's sole risk and discretion. Globy disclaims all warranties, representations, and liabilities for Evaluation Services and shall not be liable for damages of any kind related to the Customer's use of Evaluation Services.

8. Responsibilities of the Customer

• The Customer is responsible for (i) providing the information necessary for Globy to perform its obligations under the Agreement in an accurate and timely manner; (ii) the information the Customer provides to the Service to create and generate a Website; (iii) all necessary licences, certificates, permits, approvals, and/or other documents as may be required by any applicable laws and regulations in order for the Customer to enjoy the rights and perform the obligations under the Agreement; (iv) the content on the generated Website, including but not limited to content website visitors may publish on the Website, and (iv) notifying Globy as soon as reasonably possible of circumstances that may impact Globy' provision of the Services.
• The Customer is responsible for all activities that occur on the Website and under the Customer's usernames, passwords and accounts or as a result of the Customer's access to or use of the Services. The Customer shall use the Services only for legal purposes and in accordance with the terms of the Agreement. Unless otherwise expressly set out in the Agreement, the Customer is in relation to Globy responsible for the Customer Data.
• The Customer warrants that (i) it is either the owner of the Customer Data or that it holds a valid permission to the Customer Data from the appropriate rights holder; (ii) it has the right to grant to Globy the right to use the Customer Data as set forth herein; and (iii) the Customer Data in no way violate applicable law or risk harming Globy' trademarks, goodwill or reputation. The Customer acknowledges that it is the Customer's responsibility to ensure that any results which Globy executes in accordance with the Agreement based on the Customer's request or the Customer Data do not violate or infringe any third-party rights.
• The Customer undertakes not to use or permit use of the Services and generate Websites for any purpose that may (i) menace or harass any person; (ii) involve the transmission or storage of any material that is libellous or unlawful; (iii) constitute an infringement of Intellectual Property Rights (as defined in section 17.1) or any other proprietary rights; or (iv) otherwise be defamatory, obscene, abusive, threatening, invasive of privacy or publicity rights, or which may otherwise constitute or encourage a criminal offence, violate or infringe any third-party rights or give rise to liability or violation of law. In addition, the Customer warrants that the Customer Data and/or the Customer's use of the Service will not damage, disrupt, or otherwise interfere with the functionality, security, or availability of the Service.
• The Customer furthermore undertakes not to, and not permit others to:
  • use the Service, or allow access to it, in a manner that circumvents user authentication, security or contractual restrictions or that exceeds the Customer's authorized use as set forth in the Agreement;
  • license, sub-license, sell, re-sell, rent, lease, transfer, distribute, or otherwise make any portion of the Services available for access by third parties, except as otherwise expressly provided for in the Agreement;
  • reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Service or technologies without consent, unless and then only to the extent expressly permitted by applicable law;
  • use the Services in any way that could or does bring the Services or Globy into disrepute;
  • access or use the Services for the purposes of building a product or service that competes with the Service; (vi) not distribute or transmit viruses, trojans, worms, or any other malicious software or code in connection with its use of the Service; or
  • access or use the Services for the purposes of performing penetration tests, systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activities.
• The Customer shall defend, indemnify, and hold Globy and its service providers, affiliates, staff and employees harmless from all liabilities, claims and expenses, including but not limited to, legal costs and attorneys' fees, that are caused by or related to the Customer's failure to comply with the obligations or responsibilities of the Customer set out in this section 8.

9. Fees and Payment

• If no specific agreement regarding prices has been made between Globy and the Customer, the Customer shall pay for the Service when Globy has made the Service available to the Customer, and the price for the Service shall be in accordance with Globy' prevailing rates for Services according to Globy' current standard price list.
• Unless expressly stated otherwise with respect to a particular Service, fixed or subscription fees for the Services shall be paid primarily via credit card and in advance, with such payments processed through third-party payment providers such as e.g., Stripe. All fees and charges are non-refundable, unless otherwise expressly stated, and quoted exclusive of value added tax and other applicable taxes which shall be added to the invoice at their prevailing rate.
• If the Customer requests a paper invoice, additional invoice fees may apply according to Globy' at each time applicable price list.
• All invoices shall be paid by the Customer in full not later than 30 days from the date of invoice without any set-off, withholding or deduction. In case of late payment, the Customer shall pay interest in accordance with law. Globy is entitled to suspend the performance of the Services in the event of any past due fees until payment is made.
• Any complaint regarding an invoice shall be in writing and notified to Globy no later than 90 days after the Customer received the invoice. Globy shall have no obligation to handle complaints received outside of the 90 days period.

10. Problems

• In case Globy fails to comply with its obligations set forth in section 2 (a "Problem"), and the Problem is promptly notified by the Customer in writing to Globy, specifying in reasonable detail the nature of the Problem, Globy shall address or remedy the Problem as set out in the SLA, or if no SLA is executed between Globy and the Customer, by re-performing the defective part of the Services or taking other appropriate corrective action, at its own discretion and expense, subject to section 14 in these General Terms.
• If the Customer has been unable to use the Services as agreed due to a Problem, and if the parties have agreed on compensation as part of the SLA, such compensation will apply. If Globy is unable to correct the Problem, either party may terminate the affected Service forthwith without liability and any unused pre-paid portions of the fees for the Services shall be refunded to the Customer. The aforesaid in this section 10 shall be the only remedies available to the Customer in respect of Problems except in case of fraud or wilful misconduct.

11. Availability

• Availability: Globy guarantees a minimum uptime of 99,3 % of the Service on a monthly basis. Scheduled maintenance windows will be communicated in advance and are excluded from the uptime calculation.
  Response Time: Globy commits to an initial response time of within 8 hours for critical issues and within 16 hours for non-critical issues during business hours.
  Resolution Time: Globy aims to resolve critical issues within 32 hours and non-critical issues within 4 days from the time of the initial response. Complex issues that require extended resolution time will be communicated to the Customer with regular updates on progress.
• Downtime for the purposes of measuring agreed availability shall be calculated based on issues reported by the Customer. The measurement period for downtime begins when the Customer reports the issue to Globy and ends when Globy resolves the issue and restores the Service to operational status. The Customer must report any downtime incidents promptly and provide sufficient details to allow Globy to accurately assess and address the issue. Only downtime incidents that are properly reported by the Customer will be included in the calculation of service availability.
• The following events shall not be considered as downtime for the purposes of calculating agreed availability:
  • Scheduled Maintenance: Any planned maintenance activities that are communicated to the Customer in advance. Globy will make reasonable efforts to schedule maintenance during off-peak hours to minimize impact on the Customer;
  • Emergency Maintenance: Unplanned maintenance required to address critical issues that, if not resolved immediately, could lead to significant service disruption. Globy will notify the Customer as soon as practicable in such cases;
  • Customer actions or inactions: Any downtime resulting from actions or inactions of the Customer or any third party acting on behalf of the Customer, including but not limited to configuration changes, misuse of the services, or failure to comply with Globy's instructions;
  • Force Majeure Events: Any downtime caused by events beyond the reasonable control of Globy, including but not limited to natural disasters, acts of war, terrorism, government actions, or widespread internet outages;
  • Third-Party Services: Any downtime attributable to the failure or performance issues of third-party services or systems that are not under the direct control of Globy; and
  • Network issues outside Globy's Control: Any downtime caused by network issues outside Globy's control, including but not limited to internet service provider failures or disruptions.

12. Monitoring by Globy

Globy may, but shall have no obligation to, monitor the Customer's use of the Services and the use to verify Customer's compliance with the Agreement, and for improving the Service and creating insights.

13. Suspension and deletion of websites

• Globy may temporarily suspend the Customer's passwords, accounts, and access to or use of the Services and the Website if:
  • the Customer violates any provision in the Agreement;
  • the Customer's generated Website contains content that is unlawful, infringing, or otherwise inappropriate, or if, in Globy's reasonable discretion, such content may expose Globy to liability or reputational harm;
  • the Services or any component thereof risk suffering a threat to security or functionality; or
  • Globy becomes aware that the Customer, or any individual or entity directly or indirectly owning, controlling, or acting on the Customer's behalf, is engaged in, affiliated with, or providing support to any criminal enterprise or terrorist organisation, or is identified on any applicable sanctions, anti-money-laundering, or counter-terrorism watch list. Globy will inform the Customer prior to such suspension as far as reasonably possible.
• Globy reserves the right to delete the Website provided in breach of the Agreement. Globy shall, subject to mandatory restrictions, as reasonably possible inform the Customer of its intention and the basis for its decision and, save for situations where the breach is material, enable the Customer to provide for correctional measures before deletion of the Website occurs.

14. Limitation of liability

• Except as expressly set out in the Agreement, the Services are supplied without any other rights or warranties, directly or indirectly, and any rectifications of the Services of any Problems, failures, lacks, errors or the like will be carried out as decided by Globy.
• The total liability of Globy under the Agreement or otherwise relating to the Services (or the Website) shall for each calendar year not exceed the fees paid by the Customer during the 12-month period preceding the event giving rise to the claim. This limitation shall not apply in cases of fraud or wilful misconduct.
• In case of loss of or corruption to data, Globy' liability is limited to recover data from the latest available back-up, and solely in relation to Services where Globy has undertaken expressly in writing an obligation to store data.
• To the furthest extent permitted by law, neither Globy nor its affiliates, staff, employees, partners or service providers shall under any circumstance be responsible for any indirect, special, incidental, punitive or consequential damages (including but not limited to damages for loss of business, loss of profits, business interruptions or the like) regardless of whether Globy has been advised of the possibility of such damages.
• Globy shall not be liable for any claim in connection with the Agreement if such claim is brought more than one year after the first event giving rise to such claim is or should have been discovered by the Customer.
• The Customer's sole remedies in case of Globy' breach of the Agreement are limited to those remedies set out in the Agreement.

15. Personal data

Both parties acknowledge that personal data under this Agreement should be processed in accordance with present applicable data protections laws, such as the EU General Data Protection Regulation ("GDPR"). If required by the GDPR, the Parties agree that the Parties will enter Globy's standard data processing agreement for the processing of personal data under this Agreement and to take all necessary measures to comply with the GDPR.

16. Confidentiality

• During the term of the Agreement and for a period of 2 years thereafter, or such longer period that may follow from mandatory law, each party undertakes not to disclose information to any third party regarding the other party's activities and business which has been disclosed in connection with the Agreement, as well as all other information which may be regarded as business or professional secrets or information that is subject to confidentiality undertaking by law without the other party's consent or to use such information for any other purpose than fulfilment of the Agreement. Any software or information made available by Globy to Authorised Users or for use of the Services, and any information which a party has indicated as confidential shall always be regarded as a business or professional secret. The duty of confidentiality does not apply to information that a party can prove has come to its knowledge other than through the Services, or which is generally known. Nor does this confidentiality undertaking apply when the receiving party is required to disclose information in accordance with any law, enactment, stock market regulation or decision by governmental authorities. Where a party is obligated to disclose information under law, subject to mandatory restrictions, the disclosing party shall notify the other party thereof prior to disclosure.
• The Customer acknowledges that the Service and all other information made available by Globy related to the Services constitute confidential information.

17. Intellectual property and Data

• Globy, or any third party from whom Globy derives its right, owns and shall retain all rights, title and interest, including any registered or unregistered, existing or future prospective intellectual property rights, including trademarks, patents, patterns, designs, software, copyright, know-how and other similar intellectual property rights, whether registerable or not ("Intellectual Property Rights"), related to Service's underlying software, technology, architecture, user interface, documentation, and any modifications or derivative works thereof.
• All data, content, or materials generated as a result of the Customer's use of the Service, including the Website, Customer Data, any outputs, or other results produced through the Service, shall be and remain the sole property of the Customer, unless otherwise expressly stated in this Agreement or required by mandatory law. For the avoidance of doubt, Globy shall not acquire any ownership or other intellectual property rights in or to such data. Notwithstanding the foregoing, the Website generated through the Service shall remain the property of Globy until full payment has been received from the Customer. Additionally, the Customer must maintain their status as a customer for a minimum period of 3 months before ownership of the Website is transferred to the Customer.
• Globy may incorporate open-source software and/or third-party software components in the provision of the Services. Such use shall not be construed as granting the Customer any rights, title, or licenses to such components, except as expressly set forth in this Agreement.

18. Marketing and references

Unless the Customer explicitly opts out by notifying Globy in writing, Globy may use the Customer's name, logo, and the Website (or screenshots thereof) as references in its marketing materials, presentations, and website to demonstrate examples of Services delivered. Globy will ensure that such use is reasonable and in accordance with good industry practice. If the Customer does not wish to be referenced, such request must be submitted in writing to hello@globy.ai or the contact address stated in the Agreement.

19. Indemnification by customer for third party IP claims

Customer will defend Globy against any claim, demand, suit, or proceeding made or brought against Globy by a third party alleging that the Customer's use of any part of the Services in accordance with the Agreement infringes upon or misappropriates such third party's intellectual property rights (a "Claim"), and will indemnify Globy from any damages, attorney fees, and costs finally awarded against Globy as a result of, or for amounts paid by Globy under a settlement approved by Globy in writing of, a Claim, provided that Globy (i) promptly gives Customer written notice of the Claim; (ii) and gives Customer reasonable assistance, at Globy' expense. The above defence and indemnification obligations do not apply if a Claim arises from Globy's breach of the Agreement, or from the use of Evaluation Services or Customer Data.

20. Suggestions and improvements

• Globy welcomes feedback regarding the Services. To the extent the Customer provides such feedback, the Customer grants to Globy a free, transferable, sub-licensable, non-exclusive, irrevocable, worldwide right to use in any way such feedback without restrictions.
• Globy may, when acting as a data processor in accordance with section 15, by rendering the Customer Data anonymous, in a manner that ensures that neither the Customer, End User, nor any individual can be identified, retain and use such anonymised data to analyse, improve or develop the Services.

21. Term and termination

• The Agreement is valid as per section 1.1 and, subject to any notice or fixed period set out in section 21.2, for as long as the Customer is using the Services, or until the Agreement is otherwise terminated pursuant to the Agreement.
• Unless otherwise expressly stated in the Agreement, all annual and monthly subscription-based Services can be terminated by either party by giving the other party at least 30 days prior written notice of termination. If the parties have agreed on a fixed term for such Services, termination will not become effective before the end of the agreed fixed term.
• Without prejudice to any remedy a party may have against the other party for breach or non-performance under the Agreement, and subject to section 10.2, either party shall have the right to terminate the Agreement with immediate effect in accordance with the following:
  • If the other party commits a material breach of an obligation under the Agreement and, if the breach is capable of remedy, fails to remedy the said breach within thirty days following the receipt of written notification referring to this section; or
  • If the other party is placed into insolvent liquidation, enters into negotiations regarding company reorganization or composition or is otherwise insolvent.
• Notice of termination shall be given without undue delay.

22. Consequences of termination

• Upon the expiration or termination of the Agreement, for whatever reason, (i) Globy shall have no obligation to provide the Services except for such Services that the parties have agreed shall be provided following the termination of the Agreement, and (ii) the Customer shall pay all outstanding amounts not paid, and (iii) immediately cease to use the Service, but shall be afforded thirty days after the effective date of termination to use the Service for the sole purpose of downloading the Customer Data, and other related content and information from the Website in a readable and suitable format decided by Globy. When the thirty days period has ended, Globy shall delete the Website and all Customer Data in its possession save for Customer Data retained pursuant to law or generally in back-ups, which shall be deleted in accordance with Globy standard routines for deletion.
• The expiration or termination of the Agreement, for whatever reason, shall not affect the respective rights and liabilities of each of the parties hereto accrued on or before termination. Provisions containing rights and obligations which to their nature are such that they should remain in force also after the expiry of the Agreement shall remain valid and in force until the expiry of such right or obligation, including without limitation as regards intellectual property and limitations of liability.

23. Force Majeure

A party shall be discharged from liability for a failure to perform an obligation under the Agreement due to a circumstance beyond the party's reasonable control. Circumstances giving rise to such discharge are war or warlike acts, restrictions by public authorities, fire, strike, blockade, prohibition, epidemics, pandemics, telecommunications failures, denial of service attacks or similar malicious occurrences or other similar events, provided that the affected party without undue delay gives written notice to the other party of such event. Failure to pay agreed fees shall however not constitute a circumstance beyond a party's control.

24. Amendments and changes to the agreement

• Notwithstanding the foregoing, the terms and conditions set out in the Agreement may be amended or changed by Globy. Any such substantive amendments and changes shall be notified to the Customer in writing (e.g. via e-mail or information via Globy's webpage) reasonably in advance of coming into effect. If the change adversely affects the Customer's use of the Services and the Customer does not agree to it, the Customer may terminate the Agreement for convenience without incurring liability, except for the obligation to pay for the Services provided up to the date of termination, by providing written notice to Globy prior to the change taking effect, with termination effective on the date the change comes into force.
• Globy may change the standard pricelist for the Services by notification (e.g. via e-mail or information via Globy's webpage). Such price adjustment will apply subject to the Customer's renewed subscription term (annually or monthly). Such change will not affect the fixed or subscription fees for Services for the duration of current subscription term (annually or monthly). Upgrades to higher service tiers/plans may be made by the Customer at any time during the current subscription term. Downgrades, however, are not permitted during the current subscription term and shall only take effect upon renewal.
• Any notice to be given in writing by a party under the Agreement shall be sent by e-mail or as otherwise in accordance with Globy's from time-to-time applicable routines.

25. General provisions

• The Agreement constitutes the entire agreement between the parties regarding all of the issues set forth in the Agreement and supersedes any and all prior written or verbal undertakings and agreements.
• The parties are independent legal entities which act and trade under their own names, for their own accounts and on their own risks. Except as provided for herein, neither party may in any respect represent the other party or enter into any agreement or other commitments on the other party's behalf.
• Neither party may assign its rights and/or obligations under the Agreement without the prior written consent of the other party. Globy may however freely assign its rights and obligations hereunder to an affiliate of Globy. Globy may also freely assign the right to receive payment hereunder.
• Failure of either party to enforce or exercise, at any time or for any period, any term of the Agreement, does not constitute, and shall not be construed as, a waiver of such term and shall not affect the right later to enforce such term or any other term herein contained.
• Should any section in the Agreement or part thereof be void or invalid, the other provisions of the Agreement shall remain in force and the section may be amended to the extent such invalidity materially affects the rights or obligations of either party under the Agreement.

26. Governing law and disputes

• The Agreement shall be governed by and construed in accordance with the laws of Sweden without application of its conflict of laws principles.
• Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute (the "SCC Institute"). The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be Swedish.

The Rules for Expedited Arbitrations shall apply, unless the SCC Institute 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 Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

The parties undertake, indefinitely, not to disclose the existence or contents of any judgment or decision related to or in connection with the Agreement or any information regarding negotiations, arbitral proceedings or mediation in connection therewith. This confidentiality undertaking shall not apply in relation to information which a party is required to disclose by law, pursuant to an order of a governmental authority, pursuant to applicable stock exchange rules, or which may be required for the enforcement of a judgment or an award.