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TERMS OF SERVICE

Emoco Labs AB Last updated: 2025-11-12

1. General

These Terms of Service (the "Terms") govern your access to and use of the services provided by Emoco Labs AB, a Swedish company registered under organization number 559117-7596, with its principal place of business at Valhallavägen 5, 181 51 Lidingö, Sweden (hereinafter referred to as "Emoco", "us", "we", or "our").

The Services include our website at https://emoco.com (the "Website"), our SaaS application, mobile website, mobile application, and any related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

IMPORTANT: These Terms include important provisions regarding data protection. For business customers who upload or process personal data through our Service, our Data Processing Agreement applies and forms part of these Terms.

Eligibility: Only persons 18 years or older, who are not under guardianship, may create an account and use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

Availability: The inclusion of any products, services, or features on the Service at a particular time does not imply or warrant that these will be available at any time. We reserve the right to discontinue, modify, or limit any product, service, or feature at any time.

Changes to Terms: We reserve the right to amend these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or through the Service before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. The version of the Terms applicable to your use will be the version posted on the Website at the time of your use.

Acceptable Use: To provide the best possible experience for all users, you agree not to:

  • Post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products, services, or other users
  • Act in a manner or employ any device that restricts, impairs, interferes with, or inhibits any other user from using or enjoying the Service
  • Compromise the security, integrity, or availability of the Service
  • Employ any automated means (including spiders, bots, crawlers, scrapers, or similar tools) to access, navigate, search, or extract content from the Service without our prior written permission
  • Violate any applicable laws, regulations, or third-party rights
  • Upload, store, or process any data in violation of data protection laws, including the GDPR

We reserve the right to immediately suspend or terminate access to the Service and close the account of any user who violates these provisions or any other provision in these Terms.

2. Data Protection and Privacy

Privacy Policy: Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

Data Processing Agreement: If you are a business customer using the Service to process personal data (as defined by the GDPR), our Data Processing Agreement applies. Under the DPA:

  • You act as the Data Controller for any personal data you upload, store, or process through the Service
  • Emoco acts as the Data Processor, processing data only on your documented instructions
  • You are responsible for ensuring a lawful basis for processing personal data and complying with applicable data protection laws

Your Responsibilities: You represent and warrant that:

  • All personal data you upload or process through the Service is collected and processed lawfully and in compliance with applicable data protection laws
  • You have obtained all necessary consents and have a valid legal basis for processing such data
  • You will not upload or process special categories of personal data (e.g., health, religious beliefs, ethnicity) unless you have a lawful basis to do so

Data Security: We implement appropriate technical and organizational measures to protect your data as detailed in our Privacy Policy and Data Processing Agreement. However, you are responsible for maintaining the security of your account credentials and for the security of data you upload to the Service.

3. Pricing and Payment Terms

Pricing: The prices displayed on emoco.com include the statutory Value Added Tax (VAT) but may not include delivery charges where applicable.

Our pricing and payment terms are available at emoco.com/pricing. If you agree to a subscription price, that price will remain in effect for the duration of the payment term; however, prices are subject to change at the end of a payment term with at least 30 days' notice.

Free Trials and Automatic Billing:

  • We will immediately bill you when your trial ends
  • By starting a trial, you authorize Emoco to store your payment method (via our payment processor Stripe, Inc.) and automatically charge you at the end of the trial period unless you cancel in advance
  • Payment details are securely stored and processed by our third-party provider, Stripe, Inc. (https://stripe.com), in accordance with PCI-DSS compliance standards
  • We will notify you by email before your free trial ends and before we charge your stored payment method for a paid subscription
  • You may cancel at any time before the trial ends to avoid charges

Plan Changes:

  • If you change from a monthly billing plan to a yearly billing plan, Emoco will bill you for a full year at the next monthly billing date
  • If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately
  • You may change your level of service at any time through your Account settings
  • If you choose to downgrade your Account, you may lose access to Content, features, or capacity. See Section 5 (Cancellation and Account Termination) for information on obtaining a copy of your Content

Payment Based on Plan:

  • For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively
  • Payments are generally non-refundable except as required by law or as specified in Section 5
  • There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account
  • The service will remain active for the length of the paid billing period
  • To treat all customers fairly and equally, exceptions will only be made where required by applicable consumer protection laws

Payment Based on Usage:

  • Some Service features are billed based on your usage
  • A limited quantity of these Service features may be included in your plan without additional charge
  • If you purchase paid Service features beyond the quantity included in your plan, you pay for those features based on your actual usage in the preceding month
  • Monthly payment for usage-based purchases will be charged on a periodic basis in arrears

Delivery Charges (where applicable):

  • The cost for delivery depends on the size of items and will be displayed before you complete your order

4. Orders and Conclusion of Contract

Orders may be placed via the Website at emoco.com.

Order Confirmation:

  • Once you have placed your order or created a subscription, you will receive an email confirmation
  • The contract between you and Emoco is formed when you receive this confirmation email

Order Fulfillment:

  • If for any reason we are unable to fulfill your order, we will notify you at the earliest opportunity
  • If we have already received payment, we will refund the applicable amount using the same payment method
  • If alternative arrangements are necessary, an Emoco representative will contact you

Authorization for Recurring Payments:

  • By completing your order or starting a subscription, you confirm that you authorize Emoco to charge your stored payment method for recurring subscription fees, unless you cancel before the billing date
  • You may update or cancel your subscription at any time via your account settings
  • This authorization complies with applicable payment regulations and GDPR requirements for processing payment data

Your Right to Cancel (EU/EEA Consumers):

  • If you are a consumer in the European Union or European Economic Area, you have the right to cancel or return your order within 14 days of receipt, in accordance with the EU Consumer Rights Directive
  • If you cancel within this period and have been charged, you will receive a refund (excluding standard delivery costs)
  • For digital services, if you request that the service begins immediately, you may lose your right of withdrawal once the service is fully performed

5. Cancellation and Account Termination

Your Right to Cancel Subscription:

  • It is your responsibility to properly cancel your subscription with Emoco
  • You can cancel your subscription at any time through your Account Settings
  • The Account screen provides a simple cancellation process
  • Cancellations must be made through the Service interface; we cannot process cancellation requests via email or phone for security reasons
  • Upon cancellation, your service will remain active until the end of your current paid billing period

Data Retention After Cancellation:

  • We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements
  • SaaS Service Content: User-generated content and account data related to the SaaS application will be deleted within 30 days of cancellation or termination (as specified in our Privacy Policy and Data Processing Agreement)
  • Purchase History and Billing Data: If you have made physical product purchases, we will retain transaction records, billing information, and purchase history for 7 years to comply with tax, accounting, and consumer protection laws (including warranty obligations)
  • Different Retention Periods Apply: Even if you cancel your SaaS subscription, any data related to physical product purchases will be retained according to the applicable legal requirements
  • Some information may remain in backups for up to 90 days according to our backup rotation schedule
  • SaaS content cannot be recovered once deletion is complete

Data Export Before Cancellation:

  • Upon request, we will make a reasonable effort to provide you with a copy of your lawful, non-infringing account contents
  • You must make this request within 90 days of cancellation, termination, or downgrade
  • Data will be provided in a structured, commonly used, and machine-readable format in accordance with GDPR Article 20 (Right to Data Portability)
  • You can export your data at any time through your Account Settings
  • Repeated Requests: If you make repeated requests for copies of your personal data within a short time frame, Emoco Labs AB reserves the right to refuse the request or charge a reasonable administrative fee in accordance with Article 12(5) GDPR (as detailed in our Privacy Policy)

Termination by Emoco:

  • Emoco has the right to suspend or terminate your access to all or any part of the Service if you violate these Terms, engage in unlawful activity, or pose a security risk
  • We will provide notice of termination where reasonably possible, except in cases of serious violations or legal requirements
  • Emoco reserves the right to refuse service where necessary to protect our business, other users, or to comply with legal obligations
  • In case of termination for cause, no refunds will be provided for remaining subscription periods

How to Cancel or Return Physical Items (if applicable): If you wish to cancel or return a physical product order, please:

  • Contact Customer Service
  • Send written notice to: Emoco Labs AB, Valhallavägen 5, 181 51 Lidingö, Sweden
  • Use the pre-printed return form in your parcel (if provided)
  • Submit the standard form issued by your local Consumer Rights Authority
  • Return items within 14 days (EU/EEA consumers) as specified above

Refund Processing:

  • We will provide a refund using the same payment method you used, or another method with your consent
  • Refunds will be processed as soon as possible and within 14 days of receiving your cancellation notice (for physical items, once we receive the items or evidence of return)
  • No additional charges will be incurred for refund processing

Defective Items:

  • If you receive a defective item, please notify Emoco promptly and return the item in accordance with Section 6 (Returns)
  • Emoco will provide a full refund for items deemed defective
  • These provisions do not limit your applicable statutory consumer rights

Emoco guarantees a full refund of returned physical items, provided that all items are returned in the same condition they were in upon receipt. This means items should not have been damaged, soiled, used, or altered, and any labels or boxes should be intact.

Any item purchased from and shipped by an external party or brand must be returned in accordance with the instructions included in the parcel.

7. Payment Methods

Accepted Payment Methods:

  • Credit card (VISA, Mastercard)
  • Debit card
  • Other payment methods as displayed at checkout

Payment Processing:

  • You can enter your payment details at the time you place your order
  • For physical goods, the applicable amount will be reserved on your card but not debited until goods are dispatched
  • For digital services/subscriptions, payment is processed immediately upon order confirmation
  • All payments are processed securely by Stripe, Inc., a PCI-DSS compliant third-party payment provider
  • Stripe processes and stores your payment details on our behalf for recurring billing purposes (e.g., subscriptions)
  • For details on how Stripe handles your data, see Stripe's Privacy Policy

Payment Security and Verification:

  • Emoco reserves the right to verify the validity of your payment method, credit status, and billing address information
  • We may refuse or cancel orders based on the results of these verification checks
  • These checks help protect against fraud and ensure secure transactions

Invoices:

  • You will receive the legally required invoice document via email (for physical goods, in the Shipping Confirmation email; for subscriptions, after each billing cycle)

8. Liability and Limitations

Mandatory Liability: Nothing in these Terms shall exclude or limit Emoco's liability for:

  • Death or personal injury caused by our negligence or that of our employees and agents
  • Fraudulent misrepresentation
  • Any matter for which it would be unlawful to limit or exclude liability
  • Violations of data protection laws, including GDPR obligations

Limited Liability:

  • If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach
  • Emoco is not responsible for indirect or consequential losses (such as loss of profits, loss of opportunity, loss of data, or business interruption)
  • Our maximum liability to you for any loss or damage arising in connection with your use of the Service shall be limited to the total amount you paid to Emoco in the 12 months preceding the event giving rise to liability

Force Majeure:

  • Emoco is not liable for failure to deliver goods or meet obligations where such failure is due to events beyond our reasonable control, including but not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, pandemic, or government restrictions

Data Protection Liability:

  • Nothing in these Terms removes or limits liability under applicable data protection laws, including the GDPR
  • For matters related to data processing, see our Data Processing Agreement and Privacy Policy

Consumer Rights:

  • Nothing in these Terms excludes or limits your mandatory rights under applicable consumer protection laws
  • EU/EEA consumers have additional statutory rights that cannot be waived by contract

Dispute Resolution (EU/EEA Consumers): If you have a problem with a product or service purchased from Emoco and were not able to resolve the complaint with us directly, you can submit your complaint to the EU's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/odr.

The ODR platform offers EU consumers and traders the possibility to reach an out-of-court settlement for complaints arising from online purchases. This platform is user-friendly, available in all EU official languages, and free of charge.

9. Guarantee and Warranties

Statutory Guarantees:

  • For physical goods, Emoco abides by all statutory guarantee regulations applicable in your jurisdiction
  • If you have a complaint regarding material or manufacturing defects, including damage incurred in transit, please notify us without delay using the provided return form or by contacting Customer Service
  • EU/EEA consumers have statutory warranty rights for a minimum of 2 years from delivery

Service Warranties:

  • We warrant that the Service will perform substantially in accordance with its documentation
  • We do not warrant that the Service will be uninterrupted, error-free, or completely secure
  • Some jurisdictions do not allow exclusion of certain warranties, so limitations may not apply to you

10. Assignment and Transfer

Emoco reserves the right to assign, transfer, or delegate these Terms and our rights and obligations without your consent in connection with:

  • A merger, acquisition, or sale of assets
  • A change of control or corporate reorganization
  • Assignment to an affiliate or subsidiary

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

11. Communications and Electronic Notices

For contractual purposes, you:

  1. Consent to receive communications from us in electronic form via the email address you provided or via the Service
  2. Agree that all Terms of Service, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing

This section does not affect your non-waivable rights under applicable consumer protection laws.

Communication Preferences:

  • You may update your communication preferences in your Account Settings
  • You cannot opt out of essential service communications (e.g., security alerts, billing notifications, changes to Terms)
  • Marketing communications can be opted out at any time

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or regulator, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13. Intellectual Property Rights

Emoco's IP: All intellectual property rights in the Service, including trademarks, copyrights, patents, trade secrets, and other proprietary rights, remain with Emoco Labs AB (and its parent company Rector AB) and its licensors.

Restrictions:

  • You may not copy, modify, distribute, sell, or lease any part of the Service
  • You may not reverse engineer or attempt to extract the source code of the Service
  • You may only use the Service for your own personal or internal business purposes as permitted by these Terms
  • Any unauthorized use of emoco.com or its contents is prohibited without our prior written permission

License to Use Service: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose.

14. User-Generated Content

Your Responsibility:

  • You may create, upload, or share content ("User-Generated Content" or "Your Content") while using the Service
  • You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content you post, upload, link to, or otherwise make available via the Service
  • We are not responsible for any public display or misuse of your User-Generated Content
  • You must ensure that Your Content complies with applicable laws, including data protection laws

Content Moderation:

  • Emoco has the right (but not the obligation) to refuse, remove, or modify any User-Generated Content that, in our sole discretion, violates any laws, these Terms, or our policies
  • We may take down content without prior notice if required by law or to protect our services or other users

Ownership and Licenses:

  • You retain full ownership of and responsibility for Your Content
  • You represent and warrant that:
    • You own or have the necessary rights to post Your Content
    • Your Content does not violate any third-party rights (including intellectual property, privacy, or data protection rights)
    • You have obtained all necessary consents for any personal data included in Your Content
  • By uploading Content, you grant Emoco a limited license to store, process, and transmit Your Content solely to provide the Service to you
  • This license terminates when you delete Your Content or close your account (subject to reasonable backup retention periods)

Data Controller/Processor Relationship:

  • For any personal data you upload or process through the Service, you act as the Data Controller and Emoco acts as the Data Processor
  • See our Data Processing Agreement for details on how we process your data

Private Content and Confidentiality:

  • Emoco treats the contents of private accounts, repositories, or workspaces as confidential to you
  • We will protect private content from unauthorized use, access, or disclosure using the same standards we apply to our own confidential information, and in no event with less than a reasonable degree of care
  • We will not access your private content unless:
    • Required for security, maintenance, or support purposes
    • You explicitly request our assistance
    • Required by law or legal process

15. Additional Provisions for Specific Jurisdictions

Disclaimer of Warranties (Applicable Where Permitted by Law)

General Disclaimer: Except where prohibited by law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, Emoco disclaims all warranties, whether express, implied, or statutory, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components

Important Note: Some jurisdictions (including the EU/EEA) do not allow the exclusion or limitation of certain warranties, so these limitations may not apply to you. EU/EEA consumers have mandatory statutory warranty rights that cannot be waived.

Customs and Import Duties (International Shipments)

When ordering physical goods for delivery outside Sweden, you (the purchaser/importer) may be subject to:

  • Import duties
  • Customs fees
  • VAT or sales taxes
  • Other charges levied by the destination country

Your Responsibilities:

  • You are responsible for all such additional charges
  • Emoco has no control over these charges and cannot predict their amount
  • Customs policies vary by country; contact your local customs office for information
  • By ordering international shipments, you agree to pay any applicable import duties, taxes, or fees

16. Governing Law and Jurisdiction

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.

Jurisdiction:

  • Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Sweden
  • EU/EEA consumers may also bring proceedings in the courts of their country of residence
  • Nothing in this section affects your statutory rights as a consumer

17. Contact Information

Emoco Labs AB

Parent Company: Emoco Labs AB is a subsidiary of Rector AB

  • Registered Office: Valhallavägen 5, 181 51 Lidingö, Sweden
  • Organization Number: 556541-6228
  • VAT Number: SE556541622801

Data Protection:

Supervisory Authority (Data Protection): Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten - IMY): https://www.imy.se

Effective Date: 2025-11-12

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.