Terms and conditions for Trustlinks

1. Activation of Trustlinks and conclusion of Agreement 

1.1 An Agreement between Whistleblowing Solutions AB (“We”, “Us”, or “Provider”) and the Customer (“Customer” or “You”) is concluded when the Customer has registered via Trustlinks’ designated onboarding process or signed an order confirmation that references these Terms and Conditions.

1.2 In connection with activation, a Customer account is created. The Customer undertakes to provide complete and accurate information necessary for onboarding, configuration, and delivery of the Service. Incorrect or incomplete information may affect our ability to deliver the Service.

1.3 The Customer is responsible for maintaining secure handling of login credentials and access methods to the Service. We take no responsibility for damages arising from unauthorized or incorrect use of Customer login information. Each Party must promptly notify the other if unauthorized use is detected or suspected.

2. License and provision

2.1 By activating Trustlinks, the Customer is granted, during the period for which the Customer has paid in advance, a non-exclusive license to Trustlinks in accordance with these Terms and Conditions and the special restrictions set out in section 4.

2.2 Trustlinks is provided around the clock, all year round, with the exception of such maintenance work of which We notify the Customer in writing in advance. If Trustlinks during a calendar month is available less than 99% of the foregoing, the Customer shall have the right to request a free extension of the current contract period by 10 times the time that Trustlinks has not been available.

2.3 Our support is available in all languages via e-mail [support@Trustlinks.com] with a response time of 8 business hours, on weekdays between 09:00-16:30, Central European Time.

2.4 Trustlinks is provided in its existing condition, whereby We do not make any other commitments or guarantees regarding functionality, services levels, quality and its fitness for a particular purpose than what is expressly stated in these Terms and Conditions or otherwise in writing directly to the relevant Customer. In addition to this, Trustlinks may be developed, adapted and changed during the agreement period, and possibly supplemented with other offers. If such changes can be assumed to entail significant negative consequences for the Customer, we undertake to notify the Customer of these in advance, whereby the Customer shall have the right to terminate the Service in writing, taking into account the 30-day notice period. If the Customer has not invoked this right before the day when the notified change takes effect, this right to early termination ceases.

2.5 The Customer undertakes to follow the from time-to-time applicable guidelines for the use of Trustlinks, and in this respect has a strict responsibility for all of the Customer’s users of Trustlinks. This includes, but is not limited to, not use the Service in any way that overloads, infects with virus or otherwise damages Trustlinks or that causes or enables unauthorized access to Trustlinks or any information contained in Trustlinks.

2.6 Trustlinks may include guidance, recommendations, templates, policies, tasks, checklists, scoring mechanisms, reports, and other content or output made available through the Service (collectively, “Service Output”), including functionality supported by automated or AI-based features.

The Customer acknowledges and agrees that:

(a) Service Output is provided to support the Customer’s internal processes and is not intended to constitute legal, regulatory, compliance, or other professional advice.

(b) Service Output may be based on information provided to the Service and/or standardized frameworks and may require adaptation to reflect the Customer’s specific circumstances.

(c) The Customer is responsible for reviewing, validating, and approving any Service Output before implementation and for ensuring that actions taken based on the Service are appropriate for the Customer’s organisation.

(d) While we strive to maintain a high-quality Service, we do not guarantee that Service Output will be accurate, complete, or suitable for every purpose, and we are not responsible for outcomes resulting from the Customer’s reliance on Service Output.

2.7 Trustlinks is intended to support the Customer’s internal governance, risk management, and compliance-related processes.

We do not represent or warrant that use of the Service will ensure compliance with any specific law, regulation, framework, standard, or regulatory requirement, including but not limited to NIS2, DORA, ISO standards, GDPR or similar frameworks.

Compliance with applicable laws and regulations remains the responsibility of the Customer. The Customer is responsible for assessing its own obligations and determining how the Service should be used in its specific context.

3. Price and payment

3.1 The Customer must pay the license fee for each level specified on the Website in connection with the activation of Trustlinks. The license fee is paid in advance annually by paying an invoice. In the event of late payment compared with the due date stated on the invoice, statutory default interest is paid. If the Customer is in arrears with payment for more than one month and We have requested payment of the amount due in writing, We have the right to suspend the continued provision of Trustlinks until the Customer has paid outstanding amounts due.

3.2 We may adjust subscription fees for renewed terms. Any price adjustment will be communicated to the Customer at least 60 days before renewal unless otherwise stated in the Agreement.

4. Intellectual property rights

4.1 The Customer understands that Trustlinks contains intellectual property rights that We or third parties own. Nothing in the Agreement or these Terms and Conditions shall mean that such intellectual property rights are transferred to the Customer or that the Customer otherwise acquires the right to use such intellectual property rights in any way beyond what is expressly stated in these Terms and Conditions.

4.2 The license to Trustlinks which is stated in section 2.1 is conditional on the Customer not (with the exception of Customer data (as defined below) copying, making available (by subletting, transfer or otherwise), carrying out so-called reverse engineering or perform any other action that would allow copying of all or part of Trustlinks, its concept.

5. Liability and limitation of liability

5.1 The Service is provided in accordance with these Terms and Conditions and is made available on an “as is” and “as available” basis.

We are not responsible for damages arising from Customer data or content uploaded or provided by the Customer or third parties.

We are not liable for indirect or consequential damages, including but not limited to loss of profit, loss of revenue, loss of business opportunities, business interruption, loss of goodwill, loss of anticipated savings, or regulatory fines, even if the Provider has been advised of the possibility of such damages.

Whistleblowing Solutions s total aggregate liability under or in connection with the Agreement, whether in contract, tort (including negligence), or otherwise, shall in no event exceed an amount corresponding to the total fees paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms and Conditions limits liability to the extent such limitation is prohibited under applicable law.

6. Personal data and Customer data

6.1 ” We protect the Customer’s integrity and our goal is to always protect the personal data we process to the best of our ability. Personal data management within the framework of Trustlinks is regulated in the data processing agreement in Appendix 1 to these Terms and Conditions.

6.2 All information that the Customer and/or a user of Trustlinks provides, submits, uploads or otherwise makes

available through Trustlinks, including Service Output, constitutes “Customer Data.” We do not claim any rights to any Customer Data, and the Customer is solely and completely responsible for the Customer Data and for the consequences of using such Customer Data.

7. Confidentiality and the right to publish the Customer’s name

7.1 Each Party undertakes not to disclose to third parties without the other Party’s written consent the information marked “CONFIDENTIAL” or otherwise use such information for any purpose other than the Party’s fulfilment of its obligations under these Terms and Conditions. The obligation of confidentiality does not apply to information that a Party can show has become known to him/her in any other way than through these Terms and Conditions or that is generally known. The obligation of confidentiality also does not apply when a Party is obliged by law, other statute or official decision to disclose information.

7.2 Neither Party has the right to issue any press release or other public statement related to this Agreement without the other Party’s prior written consent. Nor, neither Party shall publish the other Party´s name and logo on its website during the term of the agreement, without the other Party’s prior written consent.

8. Agreement period and early termination

8.1 The Agreement applies from the date on which the Parties have entered into the Agreement in accordance with section 2.1 and shall apply until the end of the month 12 months thereafter. The agreement shall be automatically extended by a period of 12 months unless the Party has terminated the agreement in writing to support@trustlinks.com no later than 3 months before the end of each agreement period.

8.2 Either Party has the right to terminate the Agreement in writing immediately if (i) the other Party commits a material breach of agreement and does not remedy such breach of agreement within 30 (thirty) days from having received notice of the breach of agreement in writing, or (ii) the other Party is declared bankrupt, becomes the subject of corporate reorganization, applies for composition, suspends payments, enters into liquidation or is otherwise considered insolvent. Notice of termination shall be given without unreasonable delay after the circumstance constituting grounds for termination became known to the Party.

9. Miscellaneous

9.1 The Parties are in all respects independent businesses who conduct business on their own behalf and at their own risk. Unless otherwise expressly agreed, neither Party is entitled to enter into an agreement in the name of the other Party or on behalf of the other Party or in any other way to impose any obligations on the other Party.

9.2 All amendments and additions to the Agreement and these Terms and Conditions shall be in writing and duly signed by each Party.

9.3 The Customer does not have the right to transfer its rights or obligations under these Terms and Conditions or the Agreement without Our prior written consent.

9.4 If a Party’s fulfilment of its obligations under the Agreement or these Terms and Conditions is prevented due to a circumstance which the Party could not control, this shall constitute a ground for exemption which entails exemption from damages and other sanctions.

9.5 Should a competent court, authority or arbitral tribunal find that any provision of these Terms and Conditions is invalid or unenforceable, the provision in question and all other provisions shall be valid and enforceable to the extent permitted by applicable law, and the Parties shall negotiate loyally with each other in order to agree on the necessary changes to these Terms and Conditions in order to maintain the structure, purpose and spirit of these Terms and Conditions.

9.6 Upon termination of these Terms and Conditions or the Agreement, for whatever reason, this clause and the following provisions shall remain binding on the Parties: Intellectual property rights, Liability and limitation of liability, Confidentiality, and Applicable law and dispute resolution.

10. Applicable law and dispute resolution

10.1 Swedish law shall apply to these Terms and Conditions. Disputes in connection with these Terms and Conditions shall be finally settled by arbitration administered by the Stockholm Chamber of Commerce’s Arbitration Institute (the “Institute”). The seat of the arbitration shall be Gothenburg, Sweden. The Institute’s rules for simplified arbitration shall apply unless the Institute, taking into account the severity of the case, the value of the dispute and other circumstances, decides that rules for the Stockholm Chamber of Commerce’s Arbitration Institute shall be applied to the procedure. In the latter case, the Institute shall also decide whether the arbitral tribunal shall consist of one or three arbitrators. The Parties undertake, without limitation of time, not to disclose the existence or content of arbitration in

connection with these General Terms and Conditions or information about negotiations, arbitration or mediation in connection therewith. What is prescribed here does not apply unless otherwise provided by law, other statutes, government orders, stock exchange rules or good practice in the stock market or otherwise required for the enforcement of a judgment.

10.2 We retain the right to bring an action for non-payment by the Customer in a general court, and in the first instance before the Gothenburg District Court. We retain the right to pursue claims for unpaid fees in the Customer’s local jurisdiction if necessary.