1About these terms and the parties#
These terms of service (the “Terms”) apply to the Blixtflow service (the “Service”) provided by Blixtgo Agency AB, Swedish company registration number 559069-9038, Drottninggatan 6A, 212 11 Malmö, Sweden (“Blixtflow”, “we”, “us”).
The Terms apply between us and the company, organisation or public body that creates an account or subscribes (the “Customer”, “you”). Anyone accepting the Terms on the Customer’s behalf confirms that they are authorised to bind the Customer.
The Service is intended for businesses. Consumer protection legislation therefore does not apply to the agreement.
The agreement consists of (i) these Terms, (ii) the data processing agreement (the “DPA”) and (iii) the order or subscription the Customer has chosen, including price and plan. In case of conflict, the DPA prevails on matters of personal data, then the order, and then these Terms.
2Definitions#
- User
- A person the Customer has given access to the Service, such as an employee or consultant. A guest with the “Projects only” role also counts as a User.
- Workspace
- The Customer’s own, separate part of the Service with its users, channels and data.
- Customer Data
- All information that the Customer, its Users or the Customer’s own customers enter into or receive through the Service – such as messages, calls, contacts, files, orders and notes.
- Channel
- A communication route connected to the Service, such as email, web chat, SMS, WhatsApp, Messenger, Instagram or phone.
- AI Features
- Features that use artificial intelligence, such as the AI receptionist, the chatbot, suggested replies, summaries and text suggestions.
- Third-Party Service
- A service not provided by us that the Customer connects to the Service, such as Google, Microsoft, Meta or an online store.
3Account and formation of the agreement#
The agreement is formed when the Customer creates a Workspace and accepts the Terms. The Customer must provide accurate and complete information and keep it up to date.
The Customer is responsible for
- which Users get access and which role they have,
- making sure Users comply with the Terms,
- keeping login credentials secret and using two-step verification where appropriate, and
- notifying us without delay if unauthorised use is suspected.
Anything done with the Customer’s accounts is deemed to have been done by the Customer, unless the Customer shows that unauthorised use occurred despite reasonable security measures.
4Free trial#
New Customers can try the Service free of charge for 14 days. No payment card is needed and the trial never turns into a paid subscription automatically.
During the trial the Service is provided as is and without warranties. If the Customer does not choose a subscription when the trial ends, the Workspace becomes read-only. Customer Data is then kept for 30 days so that the Customer can subscribe or export its data, and is deleted after that.
We may limit the number of trials per Customer and end a trial in case of misuse.
5The Service and its development#
The Service is cloud-based customer service software that brings the Customer’s channels together in a shared inbox, with the related features described on blixtflow.com. The features and limits (such as the number of Users, channels and AI characters) included are set out in the Customer’s plan.
We develop the Service continuously. We may change, add or remove features, but we will not reduce the core functionality of the Customer’s plan during a paid period. If a change materially worsens the Service for the Customer, the Customer may terminate the agreement with immediate effect and receive a refund of prepaid fees for the remaining time.
Features explicitly labelled “beta”, “preview” or “coming soon” are provided as is and may change or be removed.
6Acceptable use#
The Customer may use the Service in its own business. The Customer and its Users must not
- use the Service in breach of law, such as the Swedish Electronic Communications Act, the Marketing Act or the General Data Protection Regulation (GDPR),
- send unsolicited bulk marketing (spam) or messages to recipients who have not consented where consent is required,
- record calls or let the AI receptionist answer calls without informing the caller where required,
- upload malicious code, try to circumvent security or access other customers’ data,
- load the Service in a way that affects other customers, for example through automated mass requests,
- copy, resell or make the Service available to third parties outside the Customer’s business, or decompile the software except as permitted by mandatory law, or
- use the Service to build a competing service.
The Customer is responsible for Customer Data and for having the right to process it, including giving its own customers the information required by the GDPR.
7AI Features#
The AI Features generate replies, summaries and suggestions automatically. AI can be wrong, misunderstand or give incomplete answers. The Customer is responsible for reviewing and steering how the AI Features are used, for the knowledge the AI is allowed to work with and for decisions the Customer makes based on the output.
- The Customer must clearly tell its customers that they are communicating with AI where required by law, including the EU AI Act.
- Personal identity numbers, card numbers and IBANs are masked automatically before text is sent for AI processing. The Customer should still avoid letting the AI Features process sensitive personal data.
- We do not use Customer Data to train general AI models.
- AI usage is limited by the plan’s quota and by a monthly cap the Customer controls.
8Channels and Third-Party Services#
The Service can be connected to Third-Party Services such as Google, Microsoft, Meta (Facebook, Instagram, WhatsApp), SMS providers and online stores. When the Customer connects a Third-Party Service, the Customer authorises us to retrieve and send information through it to the extent needed for the feature.
Use of Third-Party Services is also governed by each provider’s terms, which the Customer is responsible for following. We are not responsible for the availability, changes or content of Third-Party Services. If a provider changes or closes an interface, a feature may need to change or stop.
9Prices, invoicing and payment#
Fees are set out in the Customer’s plan and in the price list. All prices are in Swedish kronor (SEK) excluding VAT.
- The subscription is charged monthly in advance for the whole Workspace.
- Variable costs, such as telephony per minute, SMS and AI usage beyond the plan’s quota, are charged in arrears at the current price.
- Payment is made using the payment methods stated when ordering. Invoices are due 30 days after the invoice date unless otherwise stated.
- For late payment we are entitled to interest under the Swedish Interest Act and a statutory reminder fee. If payment has not been made 14 days after a reminder, the Workspace may be made read-only until payment is received.
- We may change prices with at least 30 days’ notice. The Customer may then cancel the subscription with effect from the date the change applies.
Fees paid are non-refundable, except where the Terms expressly say otherwise.
10Customer Data and personal data#
The Customer owns Customer Data. The Customer gives us the right to process Customer Data to the extent required to provide, secure, troubleshoot and support the Service.
When we process personal data on the Customer’s behalf, the Customer is the controller and we are the processor. The processing is governed by the DPA, which forms part of the agreement and is accepted in the Service. The subprocessors we use are listed on our website.
For personal data we are responsible for ourselves, such as account details and invoicing, our privacy policy applies.
We may use anonymised, aggregated statistics about how the Service is used to improve it, provided that neither the Customer nor any individual can be identified.
11Availability and support#
We aim for the Service to be available around the clock but do not guarantee uninterrupted operation. Planned maintenance is carried out, as far as possible, at times of low impact and announced in advance where possible.
Support is provided by email and chat in Swedish and English during office hours (weekdays 09:00–17:00 Swedish time). Customers on the Pro plan get priority support.
12Security#
We take appropriate technical and organisational measures to protect Customer Data, including encrypted transfer, two-step verification, role-based access, protection against repeated login attempts and isolation between customers’ Workspaces. The measures are described in more detail in Annex 2 to the DPA.
We may temporarily suspend an account or a Channel where needed to prevent harm, for example in case of suspected intrusion or misuse. We will inform the Customer as soon as possible.
13Intellectual property#
All rights to the Service, the software, the Blixtflow brand, the Blixten mascot and other material we provide belong to us or our licensors. During the term, the Customer receives a non-exclusive, non-transferable right to use the Service in accordance with the Terms.
If the Customer gives us suggestions or feedback about the Service, we may use them freely and without compensation.
14Confidentiality#
Each party shall keep the other party’s confidential information secret and not use it for any purpose other than the agreement. Confidentiality does not apply to information that is publicly known, that the party already had, or that must be disclosed by law, decision of an authority or stock exchange rules. Confidentiality applies during the term and for three years thereafter.
15Limitation of liability#
We are liable for damage caused by our failure to fulfil the agreement, subject to the following limitations:
- We are not liable for indirect or consequential loss, such as loss of profit, loss of revenue, loss of data the Customer could have restored, or loss suffered by third parties.
- Our total liability per calendar year is limited to the fees the Customer paid for the Service during the twelve months preceding the damage.
- We are not liable for content generated by the AI Features, for Third-Party Services or for faults caused by the Customer, its equipment or internet connection.
The limitations do not apply in case of intent or gross negligence, or where mandatory law provides otherwise. Liability between the parties under the GDPR is governed by the DPA.
Claims must be made in writing within three months from when the Customer discovered, or should have discovered, the basis for the claim.
16Force majeure#
Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, such as war, terrorism, natural disaster, pandemic, decisions of authorities, strikes, large-scale cyberattacks, outages at power or telecom operators, or failures of subcontractors caused by such circumstances. If the impediment lasts longer than 60 days, either party may terminate the agreement without liability.
17Term, termination and suspension#
The agreement runs until further notice. The subscription runs monthly with no minimum term. The Customer can cancel the subscription at any time in the Service or by email. Cancellation takes effect at the end of the paid period.
We may terminate the agreement with 30 days’ notice. Either party may terminate the agreement with immediate effect if the other party materially breaches the agreement and fails to remedy the breach within 14 days of written notice, or if the other party becomes bankrupt or can otherwise be assumed to be insolvent.
We may suspend the Customer’s access wholly or partly if the Customer materially breaches the acceptable use section, or where required by law or a decision of an authority.
18Export and deletion when the agreement ends#
When the agreement has ended, the Workspace is read-only for 30 days. During that time the Customer can export its data. Customer Data is then deleted, including backups within their normal rotation cycle, unless the law requires us to keep it longer. Invoicing records are kept in accordance with the Swedish Bookkeeping Act.
19Changes to the Terms#
We may change the Terms. Material changes are announced by email or in the Service at least 30 days before they take effect. If the Customer does not accept a change, the Customer may terminate the agreement with effect from the date the change applies. Changes required by law or that are not to the Customer’s detriment may apply immediately.
The current version is always available on this page, with its date and version number at the top.
20Assignment and subcontractors#
The Customer may not assign the agreement without our written consent. We may assign the agreement to a company in the same group or in connection with a transfer of the business the agreement relates to, with written notice to the Customer. We may use subcontractors and are responsible for their work as for our own.
21Governing law and disputes#
The agreement is governed by Swedish law, without regard to its conflict-of-laws rules. The parties shall first try to resolve disputes through discussion. Disputes that cannot be resolved shall be settled by the Swedish general courts.
If any provision of the Terms is invalid, the other provisions remain in force.
The Terms are available in Swedish and English. In case of discrepancies, the Swedish version prevails.
Questions about this document?
Get in touch and we will answer – in English or Swedish.
hello@blixtflow.com- Company
- Blixtgo Agency AB
- Company registration number
- 559069-9038
- Address
- Drottninggatan 6A, 212 11 Malmö, Sweden
- hello@blixtflow.com