Terms of service

1. Parties and scope

Svarlane is operated and provided by Pelle Lindal, Kvernsteinkroken 27, 4320 Sandnes, Norway. Enquiries about the agreement, privacy and security should be sent to info@svarlane.no. In the agreement, Svarlane and the provider refer to this business.

These terms apply to businesses and organisations. An individual who is a consumer under applicable law retains their mandatory rights, including where the agreement was entered into through a workspace. The way the business is organised does not alone determine whether the customer has consumer rights.

The person entering into the agreement on the customer’s behalf must have the necessary authority to represent the organisation and issue instructions concerning the data processed. The order and acceptance must be documented with the agreement version and timestamp. Amended terms apply in accordance with the rules on notice and a valid contractual basis in this agreement.

2. Contractual documents and order of precedence

An individually signed agreement or order takes precedence in the event of a conflict concerning commercial matters. The data processing agreement and its agreed annexes take precedence for the processing of personal data. These terms of service and the accepted plan description apply next.

The privacy policy explains Svarlane’s own processing. Cookies, subprocessors, security and retention are described in separate documents linked from this page. Binding security and processing terms must form part of the agreed document version. Subsequent website changes do not in themselves amend an existing agreement.

3. The service and customer content

The selected plan and order determine access to inboxes, case management, collaboration, automation, knowledge, integrations and optional AI features. Prices, currency, taxes, billing interval and included features are displayed before a paid order is confirmed.

The customer retains the rights to its messages, attachments and other content. The customer grants Svarlane a limited right to process the content to deliver, secure and support the agreed service in accordance with the customer’s instructions. Svarlane retains the rights to the software and the service design.

These contractual documents do not authorise the use of customer content for general model training. The customer is responsible for the necessary rights, legal bases for processing, information to data subjects and lawful use of the content.

4. Accounts, access and administrators

The customer must keep contact and billing information up to date, protect its accounts, assign appropriate roles and remove access when it is no longer needed. Svarlane has an independent responsibility for the security of its own processing.

Authorised Svarlane administrators may receive time-limited support access for necessary troubleshooting, customer support and security. Access may include customer communications and specific changes. The reason and administrator identity must be traceable in an audit log. The security annex describes the controls and limits for such access.

5. Acceptable use

The customer must use the service in accordance with applicable law and the agreed features. Bulk messaging without the necessary legal basis, phishing, malware, infringing content, attempts to gain unauthorised access and circumvention of access or security controls are subject to the use restrictions.

Processing requiring specific safeguards, including extensive health data, data concerning criminal offences or highly regulated activities, requires an individual assessment and the necessary supplementary agreements before the data is introduced. The customer must minimise such data and obtain the necessary permissions.

6. Free trial

A new workspace receives a trial period of 14 calendar days from the creation of the organisation. The trial provides access to the features offered in the trial configuration, subject to the usual role, inbox and privacy restrictions.

The trial does not trigger automatic payment. The owner may start a paid subscription before the trial expires after expressly confirming that payment starts immediately. An interrupted or failed payment does not extend the original deadline. After expiry, ordinary use is restricted, while essential account, privacy and payment features remain available.

7. Pricing, renewal and plan changes

The subscription is billed per workspace with a quantity of one. The confirmed price specifies a monthly or annual period and how VAT is handled. The subscription renews for the same period until cancelled. Annual discounts and other offers apply at the amounts and on the terms displayed when ordering.

The customer must expressly approve an upgrade and any prorated payment for the remaining period. Expanded access is granted when the required payment or agreed invoice credit has been confirmed. Usage overviews do not constitute an agreement to additional usage charges. New charges require a contractual basis.

Price increases are notified at least 30 days before taking effect at a subsequent renewal. For annual subscriptions, the agreed price applies throughout the paid period. The customer must be able to cancel before the change takes effect.

8. Card payments and invoices

Stripe processes card details and payments. Invoices are due within 14 calendar days. Access is granted when the invoiced subscription and credit terms have been confirmed. A grace period of three calendar days after the due date allows payment to be recorded. Ordinary access may then be suspended until payment is confirmed.

The customer receives payment information and invoices through Stripe. Invoices are available by email and as PDFs. Invoice errors must be reported promptly with specific reasons. A genuine objection must be assessed before further collection of the disputed amount. Interest and costs may only be claimed where supported by the agreement and applicable law.

9. Email, domains and AI

The customer is responsible for its domains, DNS, forwarding rules, recipients and content. Svarlane must handle email with reasonable professional care. Recipient filters, internet connectivity and external providers may affect timing and delivery. A message displayed as sent does not guarantee that the recipient has read it.

Optional AI suggestions must be reviewed by a responsible user before use. The customer determines activation and the processing it instructs. Suggestions may contain errors. Removing certain identifiers must not be equated with full anonymisation. The relevant provider, processing location and transfer basis must be disclosed before customer data is transferred.

10. Operations, changes and defects

Svarlane must deliver the service with reasonable professional care and address documented defects within a reasonable time according to their severity. The customer must report defects with sufficient information and mitigate harm where practicable.

Planned maintenance and material feature changes must be notified where practicable. Agreed core features may not be materially reduced during a paid period without a basis in the agreement or a necessary security or legal change. For a material defect that remains unresolved, the customer may claim a proportionate price reduction or termination for breach under applicable contract law.

A percentage uptime, round-the-clock customer support, recovery time or specific backup retention period becomes a guarantee only when separately agreed. Internal operational targets and providers’ certifications must not be presented as such a guarantee from Svarlane.

11. Temporary restrictions

Svarlane may restrict affected access where necessary to address a specific security threat, unlawful use, material breach or an unpaid invoice after the agreed deadline and grace period. The measure must be proportionate, limited to what is needed and lifted when its grounds cease to apply.

The customer must be notified and given an opportunity to remedy the situation where consistent with law and security. Necessary privacy and termination requests must remain capable of being handled. Suspension does not constitute an instruction to delete customer data.

12. Cancellation, termination and data return

The customer may cancel automatic renewal through the available billing feature or by contacting the provider in writing. Cancellation takes effect at the end of the period already ordered unless otherwise agreed. As a general rule, cancellation does not entitle the customer to a prorated refund for an unused part of the period. Mandatory rights and claims arising from the provider’s breach remain available.

Either party may terminate for a material breach that has not been remedied within a reasonable written deadline, or immediately where the circumstances require it. Any prepayment the provider is not entitled to retain for the period after a justified termination for breach must be refunded.

The customer’s choice between return and deletion is governed by the data processing agreement and retention annex. Svarlane must carry out a verified termination instruction without undue delay and document the data and copies covered, any lawful retention exceptions and further follow-up. Moving data to trash and ending payment do not by themselves carry out such deletion.

13. Liability and allocation of financial risk

Compensation requires a relevant basis for liability, a documented loss and a sufficient causal link. The parties must take reasonable measures to mitigate loss. The customer may not recover the same loss more than once.

To the extent permitted by applicable law, Svarlane excludes ordinary contractual liability for damages for financial loss caused by simple negligence. The exclusion covers direct and indirect loss, including loss of profit, revenue, anticipated savings, business interruption and recovery costs. It also applies where loss arises in connection with cyberattacks, delivery failures or interruptions, only insofar as liability for the particular incident may lawfully be excluded.

The exclusion of liability does not limit contractual or statutory claims for rectification, a proportionate price reduction, repayment or termination for breach where the conditions for such claims are met. Express guarantees in an individually concluded agreement apply according to their agreed terms.

The exclusion does not apply to the provider’s intent or gross negligence, personal injury or other liability that cannot be limited under applicable law. Data subjects’ statutory rights, supervisory authorities’ powers, statutory rights of recourse and the processor’s responsibility for subprocessors under Article 28 GDPR remain in force. The provision may only be relied upon within the limits of, among other provisions, section 36 of the Norwegian Contracts Act and mandatory consumer law.

A data breach or third-party attack does not alone determine whether liability or an exemption from liability exists. Claims under Article 82 GDPR and any administrative fines are assessed under the conditions laid down by law. The application and validity of the exclusion of liability must be assessed in the circumstances of a claim, and the agreement provides no guarantee that all financial liability is excluded.

14. Third-party claims

The customer is responsible for third-party claims arising from its unlawful content or use to the extent that it is liable under applicable law. Svarlane is correspondingly responsible for matters for which the provider is liable. A general indemnity must not make the customer assume responsibility for the provider’s own legal violations or security obligations.

A party receiving a claim must notify the other without undue delay, cooperate in handling the matter and allow the other party to participate in the defence. A settlement imposing an obligation on the other party requires that party’s consent.

15. Events beyond reasonable control

A party may be temporarily excused from a performance obligation only to the extent that performance is prevented by an extraordinary circumstance beyond its reasonable control that it could not reasonably have foreseen, avoided or overcome. The party must give notice and mitigate the consequences.

Inadequate security measures of its own, any provider failure or any cyberattack are not automatically covered. Statutory requirements concerning security, notification, cooperation and protection of personal data remain in force. In the event of a prolonged material impediment, the parties must clarify termination and any refund for performance not delivered.

16. Changes, governing law and disputes

Material contractual changes are notified in writing at least 30 days before their proposed effective date, with information about the customer’s right to terminate before the change. Necessary legal and security measures may be implemented sooner with an explanation. A new liability cap or new use of customer data requires a valid contractual or processing basis.

The agreement is governed by Norwegian law. The parties must first seek to resolve a dispute through dialogue. Disputes are heard by the ordinary courts under the applicable rules on jurisdiction and venue. Data subjects and consumers retain their mandatory rights to complain and bring proceedings.