TERMS OF USE
Version: 2025-07-01
These Terms of Use (the “Terms”) govern your use of the services provided by Dcipher Analytics AB (“DA”, “we”, “us” or “our”), Swedish registration number 559169-9268, with registered offices in Sweden. These Terms constitute a legally binding agreement between DA (including affiliates) and you, whether as an individual or an entity (“Customer”, “User”, “you”).
1. Definitions
For purposes of these Terms, the following definitions apply:
“Site”: The website (including all subdomains) at dcipheranalytics.com
“Service”: All current and future SaaS offerings, platforms, apps, APIs, features and functionalities provided by DA.
“User”: Any individual authorized to access and/or use the Service under a Customer’s Subscription.
“User Account”: A password-protected account assigned to an individual User to access the Service.
“Subscription”: The right, subject to these Terms, for a Customer (and permitted Users) to access and use the Service.
“Content”: All data, information, text, audio, video, images, or other material uploaded, submitted, transmitted, or otherwise made available by Customer or Users through the Service.
“Original Content”: All proprietary content provided by DA within the Service, including, without limitation, software, code, designs, documentation, text, images, and video.
“User Data”: Any data or information added to, processed by, or generated by Customer or Users via the Service.
“Third-Party Sites/Services”: Websites, applications, products, or services not controlled by DA.
“Applicable Law”: Any laws, directives, or regulations applicable to the use of the Service, including GDPR and the EU AI Act.
“Security Incident”: Any unauthorized access to, or acquisition, disclosure, alteration, loss, or destruction of User Data.
2. Scope of the Service
2.1 SaaS offering. The Service is offered exclusively on a software-as-a-service (SaaS) basis through compatible browsers or approved mobile apps.
2.2 System requirements. The Service requires up-to-date browsers or platforms. DA may cease to support outdated software or operating systems without liability.
2.3 Licensing. The Subscription is non-exclusive, non-transferable, and for the Customer’s and its Users’ internal business use only. Resale or redistribution is strictly prohibited.
2.4 Lawful use & compliance. Customer and all Users must use the Service in compliance with these Terms and all Applicable Law, including but not limited to the General Data Protection Regulation (GDPR), AI Act (when in force), and any other relevant privacy, data protection, or technology laws. DA does not monitor nor assume responsibility for Customer’s legal compliance when using the Service. Customers assume all responsibility for:
- Ensuring lawful basis and legal right to process all Content and User Data uploaded or processed via the Service.
- Compliance with regulations on AI, privacy, data residency, export control, intellectual property, and rights of data subjects.
2.5 Customer’s responsibilities. Customer must procure all hardware, software, connectivity, and bear any costs associated with access.
3. User Accounts & Security
3.1 Account responsibility. Customer is solely responsible for all activities and Content conducted under User Accounts and must promptly notify DA of unauthorized use or suspected breach.
3.2 Account administration. DA may suspend or terminate unauthorized, non-compliant, or harmful User Accounts at its discretion.
3.3 Account deletion. Customer and Users may request account cancellation pursuant to these Terms.
4. User Data & Data Protection
4.1 Ownership. All User Data shall remain the exclusive property of the Customer. DA claims no ownership over data uploaded by the Customer or Users.
4.2 Data processing & confidentiality. DA is a data processor and will process User Data strictly according to Customer’s documented instructions and in compliance with GDPR, AI Act, and all Applicable Law. DA shall not process data for any purpose other than providing the Service, and shall implement appropriate technical and organizational measures, including regular Security Assessments, to safeguard User Data.
4.3 Data access. Upon written request, DA shall provide Customer with an export of User Data in a commonly used electronic format, without charge, within 7 business days.
4.4 Backups & recovery. DA will maintain daily backups and implement recovery protocols for the duration of the subscription.
4.5 Security incidents. In the event of a Security Incident affecting User Data, DA shall notify Customer without undue delay and in any event within 24 hours, providing all necessary information and cooperation required by Applicable Law.
5. Fees & Payment
5.1 Pricing. Service fees are stated in the main agreement or order form. All fees exclude VAT and similar taxes.
5.2 Subscription renewal & cancellation. Subscriptions automatically renew unless cancelled in writing no fewer than 30 days before renewal, or otherwise agreed.
5.3 Price adjustments. DA may update pricing annually in accordance with official indices. Any such changes will apply only after the end of the Customer’s current subscription period.
5.4 Payment terms. Payments are due within 30 days of invoice. Overdue payments are subject to statutory interest and DA may suspend Service access until payment in full.
5.5 No refunds. No refund is given for cancellations occurring within an ongoing subscription period.
6. Term & Termination
6.1 Effective date & term. The Agreement starts upon Subscription activation and continues until terminated per these Terms.
6.2 Termination by customer. Cancellation or termination requests must be made in writing. Early termination does not entitle Customer to a refund for unused service periods.
6.3 Termination by DA. DA reserves the right to terminate any account for breach of these Terms or unlawful use.
6.4 Effect of termination. Upon termination, DA will provide Customer with a final export of User Data and permanently delete all User Data within a commercially reasonable period, unless legally required to retain it.
7. Permitted and Prohibited Uses
7.1 Lawful purposes only. The Service must not be used for any unlawful, unauthorized, fraudulent, or harmful activities, including processing or distributing prohibited Content (such as defamatory, obscene, hateful, racist, terrorist, or illegal material).
7.2 AI Law compliance. Customers are solely responsible for ensuring their use of the Service, including any use or development of AI models, is compliant with the EU AI Act and other applicable AI governance frameworks. DA does not provide legal compliance guarantees for Customer’s generated AI output.
7.3 Integrity and security. No Customer or User may attempt to disrupt, breach, or compromise the integrity or security of the Service, or use the Service to harm others.
8. Content Responsibility
8.1 Customer-provided content. Customers retain full responsibility for all Content uploaded, processed, or published via the Service, including its legality and intellectual property status.
8.2 Rights and permissions. By uploading Content, the Customer warrants that it holds all rights necessary and that uploading or processing such Content does not violate third-party rights or Applicable Law.
8.3 Monitoring and removal. DA does not pre-screen User Content but reserves the right (without obligation) to monitor, review, block or remove Content in breach of these Terms, or as required by law.
9. User Privacy & Information
9.1 Visibility and confidentiality. User-specific Content and information is only accessible to the Customer and its designated Users. DA does not share such information with third parties except as required by law or for providing support under a separate written agreement.
9.2 Privacy policy. The processing of personal data by DA is governed by our Privacy Policy, which is hereby incorporated by reference.
10. Personal Data & Data Processing
10.1 Role allocation. For User Data, the Customer is the Data Controller and DA is the Data Processor as defined by the GDPR and other national or EU data protection laws. Where DA processes personal data for its own purposes, it does so as a Data Controller.
10.2 Instruction and compliance. Customer’s instructions for processing shall be consistent with Applicable Law, and DA will notify Customer of any believed unlawful instruction.
10.3 No Unlawful processing. DA reserves the right to suspend processing if it believes such processing violates the GDPR, AI Act, or other applicable laws.
11. Intellectual Property
11.1 DA content. The Service and all intellectual property rights therein remain the exclusive property of DA or its licensors. Except as expressly provided in these Terms, no right, title, or interest in the Service, Site, or DA’s content is granted.
11.2 Customer content. Customer retains all rights to Content uploaded to the Service. DA will not sell, use, or distribute Customer Content for any purpose except to provide the Service or as required by law.
11.3 Restrictions. Users and Customers shall not:
- Reverse engineer, decompile, tamper with or disassemble the Service;
- Attempt unauthorized access or circumvent security mechanisms;
- Systematically retrieve or scrape content or data (manually or using bots/crawlers);
- Reproduce, exploit, sell, resell, lease, or commercialize the Service except as permitted.
12. Third-Party Services
12.1 No endorsement or control. Links to Third-Party Sites or Services are provided for convenience only. DA assumes no responsibility for their content, privacy practices, or legal compliance.
12.2 Assumption of risk. Use of Third-Party Sites is at the Customer’s own risk.
13. Customer Warranties, Indemnities & Liability
13.1 Customer warranties. Customer represents and warrants that:
- All Content and User Data is uploaded and processed lawfully;
- Use of the Service is at all times consistent with Applicable Law, including GDPR, AI Act, and all intellectual property and privacy legislation.
13.2 Indemnity. Customer agrees to indemnify, defend and hold harmless DA, its affiliates, officers, and agents from any claim, damage, liability, cost, or expense (including reasonable legal fees) arising out of:
- Breach of these Terms by Customer or its Users;
- Use of the Service in violation of Applicable Law, including but not limited to privacy, data protection, AI, copyright, and export control laws.
13.3 Customer data compliance & AI use disclaimer. DA specifically disclaims any responsibility or liability for Customer’s failure to comply with laws governing data privacy, intellectual property, or AI use. DA does not provide legal advice regarding such compliance; Customer should consult its own legal counsel.
14. Limitation of Liability
14.1 No warranty. The service is provided “as is” without warranty of any kind. All warranties, express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or title), are hereby disclaimed.
14.2 No liability for consequential damages. To the maximum extent permitted by law, DA and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profit, revenue, business opportunities, data, or goodwill.
14.3 Limitation. In no event shall DA’s total aggregate liability to Customer exceed the amount paid by Customer for the Service in the twelve (12) months preceding the event giving rise to liability. Claims must be made in writing within fifteen (15) days of the event.
15. Communication
15.1 For any queries, notifications, or support, you may contact DA at info@dcipheranalytics.com unless instructed otherwise in a separate agreement.
16. Enforcement & Breach
16.1 Breach and remedial rights. Upon breach of these Terms, DA may suspend or terminate Customer’s and/or User’s access, remove or block violating Content, and seek compensation for losses.
16.2 Content removal. DA, in its discretion, may remove unlawful or harmful Content.
17. Amendments & Assignment
17.1 Changes to the service or terms. DA reserves the right to update these Terms at any time. Continued use after notice of amendments constitutes acceptance of the new Terms.
17.2 Assignment. Customer may not assign rights or obligations under these Terms without DA’s prior written consent, except as part of a bona fide merger or asset sale. DA may assign these Terms in connection with a reorganization, merger or sale of substantially all assets.
18. Force Majeure
18.1 No party is liable for failure or delay in performance due to force majeure events beyond reasonable control (including natural disasters, war, terrorism, labor disputes, government intervention, internet outages, etc.)
18.2 If affected, the party must notify the other in writing as soon as reasonably practicable.
18.3 If performance is rendered impossible for more than three (3) months due to force majeure, either party may terminate the Agreement.
19. Governing Law and Dispute Resolution
19.1 These Terms are governed by and construed in accordance with the laws of Sweden, excluding conflict-of-law rules.
19.2 Any dispute, controversy, or claim arising out of these Terms or use of the Service shall be finally settled by arbitration under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, with the seat of arbitration in Stockholm, Sweden, and with one (1) arbitrator.