Terms of service

This is an English translation. In case of any discrepancy, the Swedish version prevails.

These terms apply when AltitudeHR (reg. no. 9008242613) (“AltitudeHR”, “we”) provides the AltitudeHR cloud service to a customer (“the Customer”). The scope of the service, chosen plan, number of employees and price are set out in the Customer's order in the service or in a written quote (“the Quote”).

These terms apply to businesses only. Anyone accepting them on behalf of the Customer confirms that they are authorised to do so.

• Agreement – these terms together with the Quote or order and the data processing agreement.
• Service – the AltitudeHR cloud service with its features, applications, interfaces (API), updates and documentation.
• Professional services – services beyond the Service, such as implementation, data import, integrations and training, as specified in the Quote.
• Customer Data – all information, including personal data, that the Customer or its Users enter into the Service.
• User – a person the Customer has given access to the Service, such as administrators, managers and employees.

If the documents of the Agreement conflict, they apply in the following order unless circumstances clearly indicate otherwise:

1. 1The Quote or order
2. 2The data processing agreement, for matters concerning personal data
3. 3These terms
4. 4Other appendices

The Customer may try the Service free of charge for 14 days. The trial never turns into a paid subscription automatically. If the Customer does not subscribe, the trial account and its Customer Data are deleted no later than 30 days after the trial ends, unless the Customer requests earlier deletion.

During the trial the Service is provided as is and without warranties.

During the term, AltitudeHR grants the Customer and its Users a non-exclusive, non-transferable right to use the Service in the Customer's own business, within the chosen plan.

The Customer may not copy, modify, decompile or otherwise attempt to derive the source code of the Service, may not sublicense the Service to third parties, and may not use the Service to build a competing product.

• Provide the Service professionally and with the functionality stated for the chosen plan.
• Perform professional services with qualified and competent staff.
• Continuously develop, update and maintain the Service. Material changes that adversely affect the Customer are announced in advance.
• Protect Customer Data with appropriate technical and organisational measures in accordance with the data processing agreement.
• Provide email support in Swedish and English during regular office hours. Extended support and service levels (SLA) can be agreed in the Quote.

• Keep login credentials confidential and ensure that only authorised Users access the Service.
• Be responsible for Customer Data being correct and for having the right to process it, including a lawful basis under the GDPR.
• Use the Service in accordance with applicable law and not introduce malicious code or unlawful material.
• Provide the information and cooperation required for AltitudeHR to perform professional services.
• Notify AltitudeHR without delay if unauthorised access to the Service is suspected.

The Service includes features that use AI to analyse Customer Data and suggest insights and actions. Suggestions are decision support. The Customer is responsible for the decisions made, especially decisions concerning individual employees. Sensitive actions are never carried out without approval from an authorised User.

Customer Data is not used to train AI models provided by third parties.

The Customer owns all Customer Data. AltitudeHR may process Customer Data only to provide, maintain and improve the Service, and in anonymised and aggregated form for statistics on how the Service is used.

The Customer is the controller and AltitudeHR is the processor for personal data processed in the Service. The processing is governed by the data processing agreement, which forms part of the Agreement.

AltitudeHR may engage subcontractors to perform the Agreement and is responsible for their work as for its own. Subcontractors processing personal data are engaged in accordance with the data processing agreement.

Fees for the Service are charged per active employee and month according to the current price list or the Quote. Monthly plans are invoiced monthly in advance and yearly plans yearly in advance. Professional services are invoiced as performed according to the Quote. All prices exclude VAT.

Payment is due within thirty (30) days of the invoice date. Late payment incurs interest under the Swedish Interest Act and a statutory reminder fee. If payment is not made despite a written reminder, AltitudeHR may, no earlier than ten (10) days after the reminder, restrict the Customer's access until full payment is received.

Travel and expenses in connection with professional services are reimbursed as agreed in the Quote.

AltitudeHR may adjust prices at most once per calendar year. Price changes are announced at least sixty (60) days in advance and apply from the next billing period. The Customer may terminate the Agreement with effect from the day the change takes effect.

AltitudeHR aims for the Service to be available around the clock. Planned maintenance is carried out outside office hours where possible and announced in advance.

AltitudeHR shall remedy defects in the Service within a reasonable time after the Customer reports them. This does not cover defects caused by use in breach of the Agreement or documentation, the Customer's own equipment, network or software, or third-party services the Customer has chosen to integrate.

All intellectual property rights in the Service, including improvements made as a result of the Customer's requests or feedback, belong to AltitudeHR or its licensors.

AltitudeHR warrants that the Service does not infringe third-party intellectual property rights and will indemnify the Customer against such claims, provided the Customer promptly notifies AltitudeHR and lets AltitudeHR conduct the defence. In case of infringement, AltitudeHR shall at its own cost either secure the Customer's right to continue using the Service, modify the Service so it no longer infringes or, if neither is possible, terminate the Agreement and refund prepaid fees for the period after termination.

Neither party may use the other party's name or trademarks without written consent. AltitudeHR may, however, mention the Customer as a reference customer unless the Customer objects.

A party shall compensate the other party for direct damage resulting from breach of contract. Neither party is liable for indirect or consequential loss, such as loss of profit, data or revenue, unless caused intentionally or through gross negligence.

Each party's total liability under the Agreement per calendar year is limited to an amount equal to the fees paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to intent or gross negligence, infringement of intellectual property under section 13 or breach of confidentiality under section 16.

Claims must be made in writing no later than six (6) months after the damage was or should have been discovered.

A party is released from liability for failure to perform an obligation if the failure is caused by circumstances beyond its control that it could not reasonably have foreseen when the Agreement was entered into and whose consequences it could not reasonably avoid or overcome – for example war, natural disaster, decisions by authorities, extensive disruption of public communication networks or power supply, or a subcontractor's failure caused by such circumstances.

A party invoking force majeure shall notify the other party without delay. If performance is prevented for more than thirty (30) days, either party may terminate the Agreement with immediate effect without liability.

Each party undertakes not to disclose, without the other party's consent, information about the other party's business that may be considered a trade secret or has been designated as confidential. This does not apply to information that is publicly known or that a party must disclose by law or a decision of a court or authority. In such cases the other party shall, where permitted, be informed before disclosure.

The parties shall ensure through confidentiality agreements or otherwise that employees and subcontractors observe confidentiality. This obligation applies during the term and for three (3) years thereafter.

• Monthly plans run until further notice and can be terminated by either party at the end of the current calendar month.
• Yearly plans run for one (1) year at a time and renew automatically for one year unless terminated no later than one (1) month before the end of the period.
• Enterprise and professional services run as specified in the Quote.

Termination is made in the Service or in writing by email. Prepaid fees are not refunded when the Customer terminates, except as set out in sections 11 or 13.

Either party may terminate the Agreement with immediate effect if the other party:

1. 1materially breaches the Agreement and does not remedy the breach within thirty (30) days of written notice, or
2. 2is declared bankrupt, enters into company reorganisation, suspends its payments or can otherwise be assumed to be insolvent.

The Customer can export Customer Data at any time during the term in a common, machine-readable format. After termination the Customer has thirty (30) days to export Customer Data. Customer Data is then deleted in accordance with the data processing agreement, unless AltitudeHR is required by law to retain it.

A party's failure to exercise a right under the Agreement does not mean that the party has waived that right.

Neither party may assign its rights or obligations under the Agreement without the other party's written consent. AltitudeHR may, however, assign the Agreement without consent to a group company or in connection with a transfer of the business, and assign its right to payment.

AltitudeHR may change these terms. Changes that do not disadvantage the Customer may take effect immediately. Other changes are announced at least thirty (30) days before they take effect. If the Customer does not accept a change, the Customer may terminate the Agreement with effect from the day the change takes effect. Changes to the Quote require written agreement between the parties.

Notices under the Agreement shall be sent by email to the address most recently provided by the party. A notice is deemed received when sent, if sent during office hours, and otherwise at the start of the next business day. AltitudeHR can be reached at hello@altitudehr.se.

The Agreement is governed by Swedish law. Disputes arising from the Agreement shall primarily be resolved through negotiation between the parties and otherwise be settled by the general courts, with Malmö District Court as the court of first instance.