Cookie Preferences

    Terms of Service

    Last Updated: November 1, 2025

    1. Scope and Applicability

    1.1 Business Users Only

    These Terms of Service ("Terms") govern all use of the Asky Search Optimization platform and services ("Service") by business customers only. These Terms apply exclusively to businesses, organizations, agencies, and legal entities. The Service is not intended for, and these Terms do not apply to, consumers acting in a personal, non-commercial capacity.

    By using the Service, you represent and warrant that you are:

    • A business entity (company, agency, sole proprietor, partnership, or legal entity)
    • Using the Service for commercial or professional purposes
    • Authorized to bind your organization to these Terms

    Consumer protections under consumer law do not apply to this Service.

    1.2 Agreement to Terms

    These Terms constitute a legally binding agreement between you (either a business entity or individual acting in a business capacity, "you," "your," or "Customer") and Asky ("Asky," "we," "us," or "our"), a service operated from Sweden, concerning your access to and use of the Service.

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

    1.3 Entire Agreement

    These Terms, together with any order forms, subscription agreements, and our Privacy Policy, constitute the entire agreement between you and Asky. We expressly object to any of your general terms and conditions or purchase order terms. Any deviating, supplemental, or conflicting terms proposed by you will not become part of the contract unless we have expressly agreed to them in writing.

    2. Service Description

    2.1 What We Provide

    Asky is a Search Optimization (SEO/GEO/AEO) platform that provides:

    • Brand Monitoring: Track your brand mentions across AI platforms including ChatGPT, Claude, Perplexity, Google AI Overviews, Meta AI, Grok, and other Large Language Models (LLMs)
    • Competitor Analysis: Monitor competitor presence and rankings in AI-generated responses
    • Source Analysis: Monitor and outline sources and citations in AI generated responses.
    • Visibility Analytics: Measure brand visibility scores, market share, mention rates, and sentiment analysis
    • Technical Insights: Website optimization recommendations including robots.txt analysis, sitemap verification, html semantics , JSON-LD schemas and performance.
    • Owned Content: Auditing, improving, creating relevant content to increase probability of appearing in AI generated answers.
    • Earned Content: Automated outreach to relevant entities to increase probability of appearing in AI generated answers.
    • Bot Tracking: Monitor crawler visits and live citations to your websites for traffic attribution.
    • Prompt Management: Create and manage search prompts to monitor specific queries, languages and geographical scopes.
    • Reporting: Generate analytics reports and actionable recommendations

    The specific features available to you depend on your subscription plan.

    2.2 Service Modifications

    We reserve the right to modify, update, enhance, or discontinue features of the Service at any time. We may:

    • Add or remove AI platforms we monitor
    • Update monitoring algorithms and analytics methods
    • Introduce new features or retire existing ones
    • Modify user interface and functionality
    • Perform scheduled or emergency maintenance

    We will provide reasonable advance notice of material changes that substantially reduce core functionality of the Service. However, we may make changes immediately if required for:

    • Security or legal compliance
    • Addressing critical bugs or vulnerabilities
    • Responding to third-party platform changes (AI provider API changes, etc.)

    2.3 Third-Party Dependencies

    Our Service relies on third-party platforms and services, including:

    • AI Platforms: ChatGPT (OpenAI), Claude (Anthropic), Perplexity, Google AI, and others
    • Infrastructure: Supabase (database and hosting)
    • Payment Processing: Stripe
    • Analytics: PostHog

    Availability and performance of third-party services are outside our control. If a third-party platform becomes unavailable, changes its terms, restricts access, or ceases operations:

    • We will notify you promptly
    • We will use commercially reasonable efforts to find alternatives or workarounds
    • We are not liable for service interruptions caused by third-party failures

    2.4 No Guaranteed Results

    Unless explicitly agreed in writing, Asky does not guarantee specific outcomes or results from using the Service. In particular:

    • No Visibility Guarantees: We monitor and report on brand visibility but do not guarantee your brand will appear in AI platform responses or achieve specific visibility scores
    • No Performance Guarantees: We provide optimization recommendations but do not guarantee improvements in rankings, sentiment, or market share
    • No AI Platform Control: We have no control over how AI platforms generate responses, what content they prioritize, or whether they mention specific brands
    • No Citation Guarantees: We track citations but cannot guarantee your brand will be cited by AI platforms
    • Third-Party Results: Results depend on factors outside our control, including your website content, brand reputation, third-party AI algorithms, and implementation of our recommendations

    The Service is a monitoring, analytics, and insights platform, not a performance marketing or results-based service. Your use of the Service is at your own business discretion and risk.

    2.5 Service Availability

    We strive to provide reliable, high-availability Service but do not guarantee:

    • 100% uptime or uninterrupted access
    • Error-free operation
    • Real-time or instantaneous data updates
    • Specific response times from AI platforms

    We may experience downtime due to:

    • Scheduled maintenance (we will provide advance notice when possible)
    • Emergency maintenance or security updates
    • Third-party service disruptions
    • Internet or infrastructure failures
    • Force majeure events

    We will use commercially reasonable efforts to minimize downtime and promptly address service issues.

    3. Account Registration and Obligations

    3.1 Account Creation

    To use the Service, you must create an account by providing:

    • Business email address
    • Secure password
    • Account type (Agency or In-House)
    • Brand information during onboarding
    • Payment information (for paid plans)
    • Additional information as requested

    You agree to:

    • Provide accurate, current, and complete information about your business
    • Maintain and update your information to keep it accurate
    • Keep your account credentials secure and confidential
    • Notify us immediately of any unauthorized access or security breach
    • Be responsible for all activities conducted under your account
    • Ensure you have authority to bind your organization to these Terms

    3.2 Account Security

    You are solely responsible for:

    • Maintaining the confidentiality of your password and account credentials
    • All access and activities conducted through your account
    • Restricting access to your account
    • Implementing appropriate security measures for team members

    We are not liable for any loss or damage arising from your failure to protect your account credentials.

    If you become aware of unauthorized access, you must notify us immediately at [email protected].

    3.3 Account Types and Workspace Management

    We offer two business account types:

    • Agency Accounts: For marketing agencies managing multiple client brands
    • In-House Accounts: For businesses managing their own brand(s)

    Each account includes:

    • One or more workspaces (depending on your plan)
    • Team member management with role-based access control
    • Brand and competitor tracking
    • Multi-brand support

    You are responsible for managing team member access, roles, and permissions within your workspace.

    4. Acceptable Use and Prohibited Activities

    4.1 Permitted Use

    You may use the Service solely for legitimate business purposes, including:

    • Monitoring your own brand visibility across AI platforms
    • Tracking competitors for lawful competitive intelligence
    • Analyzing market positioning and sentiment
    • Optimizing your website for AI platform visibility
    • Generating reports for internal business use or client deliverables (for agencies)

    4.2 Prohibited Activities

    You may not:

    Abuse the Service:

    • Circumvent usage limits, access controls, or subscription restrictions
    • Use automated scripts, bots, or scraping tools (except authorized API access)
    • Overload, disrupt, or interfere with Service infrastructure
    • Reverse engineer, decompile, or disassemble any part of the Service
    • Attempt to access other customers' data or accounts

    Misuse Data:

    • Monitor brands you do not own or lack authorization to monitor
    • Use data for unlawful purposes or in violation of third-party rights
    • Export or redistribute data in violation of these Terms
    • Share account access with unauthorized third parties
    • Use data to harass, defame, or harm others

    Violate Laws or Rights:

    • Violate applicable laws, regulations, or third-party rights
    • Infringe intellectual property rights (copyrights, trademarks, trade secrets)
    • Violate data protection laws (GDPR, Swedish data protection law)
    • Engage in fraudulent, deceptive, or misleading practices
    • Introduce malware, viruses, or harmful code

    Competitive Actions:

    • Use the Service to develop or offer competing products
    • Benchmark the Service for competitive purposes without permission
    • Copy or replicate Service features, functionality, or user interface

    4.3 Enforcement and Suspension

    If you violate these Terms or engage in prohibited activities, we may:

    • Issue a warning and require corrective action
    • Temporarily suspend your access to the Service
    • Terminate your account and contract for cause (see Section 11.3)
    • Seek legal remedies for damages
    • Report violations to law enforcement if applicable

    We will provide notice before suspending access when reasonably feasible, but may suspend immediately for:

    • Serious violations (security breaches, illegal activity)
    • Violations that harm other customers or the Service
    • Violations that expose us to legal liability

    5. Intellectual Property Rights

    5.1 Our Intellectual Property

    The Service, including all content, features, functionality, software, code, algorithms, designs, user interface, logos, trademarks, and documentation, is owned by Asky and protected by:

    • Copyright laws (Swedish and international)
    • Trademark laws
    • Trade secret laws
    • Database rights
    • Other intellectual property laws

    License to You: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of your subscription, solely for your internal business purposes and in accordance with these Terms.

    You may not:

    • Copy, modify, adapt, or create derivative works of the Service
    • Sell, rent, lease, sublicense, or distribute access to the Service
    • Remove, alter, or obscure any copyright, trademark, or proprietary notices
    • Use our trademarks, logos, or branding without written permission
    • Frame, mirror, or replicate any part of the Service

    5.2 Your Data and Content

    Ownership: You retain all intellectual property rights to:

    • Your brand information, descriptions, and business data
    • Prompts and queries you create
    • Content and data you upload or input into the Service ("Customer Data")

    License to Us: By providing Customer Data, you grant us a worldwide, non-exclusive, royalty-free license to:

    • Store, process, display, and transmit your data to provide the Service
    • Use your data to generate analytics, reports, and insights for you
    • Back up and secure your data
    • Use aggregated, anonymized data for Service improvement and analytics (no identification of your business)

    We will not:

    • Sell your Customer Data to third parties
    • Use your Customer Data for purposes outside providing the Service
    • Share your proprietary business information publicly
    • Use your Customer Data to benefit competitors

    Your Responsibility: You represent and warrant that:

    • You own or have the right to use all Customer Data you provide
    • Your Customer Data does not infringe third-party intellectual property rights
    • Your Customer Data complies with all applicable laws (including data protection laws)

    5.3 AI-Generated Content

    Content generated by third-party AI platforms (ChatGPT, Claude, Perplexity, etc.) during monitoring:

    • Is subject to the respective AI platform's terms of service
    • Is provided to you for informational and analytical purposes only
    • May be protected by third-party intellectual property rights
    • Does not constitute endorsement or verification by us

    You are responsible for how you use AI-generated content in your business operations.

    5.4 Feedback and Suggestions

    If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, implement, and commercialize such Feedback without compensation or attribution to you.

    6. Subscription Plans, Billing, and Payment

    6.1 Subscription Tiers

    We offer multiple subscription plans:

    • Trial: 7-day free trial (no credit card required)
    • Starter: Entry-level plan with defined limits for prompts, data points, and countries
    • Pro: Advanced plan with higher limits and priority support
    • Enterprise: Custom plans with unlimited resources, dedicated support, and custom integrations

    Full details of features, limits, and pricing are available on our website and in your subscription agreement.

    6.2 Free Trial

    Trial Terms:

    • 7-day duration from account creation
    • Full access to plan features (based on tier selected)
    • No credit card required to start trial
    • One trial per business/organization
    • Automatically ends after 7 days unless you subscribe

    Trial Conversion:

    • If you subscribe before the trial ends, your paid subscription begins immediately
    • If you do not subscribe, your account will be suspended at trial end
    • Your data will be retained for 30 days to allow you to subscribe and restore access
    • After 30 days, your data may be permanently deleted

    6.3 Billing and Payment

    Payment Processing: All payments are processed securely through Stripe. We do not store your credit card or banking information.

    Billing Cycles:

    • Monthly: Billed on the same day each month
    • Annual: Billed once per year (discounted rate applied)

    Payment Terms:

    • Payment is due within 14 days of the invoice date
    • Invoices are provided via email and accessible in your account
    • Payment methods: Credit card, bank transfer (for annual plans or Enterprise)
    • All prices are in EUR (€) or USD ($) as specified in your subscription
    • Prices are exclusive of VAT and other applicable taxes

    Automatic Renewal: Your subscription automatically renews at the end of each billing period (monthly or annual) unless you cancel before the renewal date. Renewal will be at the then-current pricing.

    Price Changes:

    • We may change subscription prices with at least 30 days' advance notice
    • Price changes apply to renewals after the notice period
    • Current subscriptions are not affected until renewal
    • If you do not accept a price increase, you may cancel before renewal

    Taxes: You are responsible for all applicable taxes (VAT, sales tax, etc.) based on your location. Taxes will be added to your invoice as required by law.

    6.4 Late Payment and Service Suspension

    Late Payment: If payment is not received within 14 days of the invoice date:

    • We will send a payment reminder via email
    • Late payment interest of 9 percentage points above the European Central Bank (ECB) base rate per annum will accrue (in accordance with Swedish law for B2B transactions)
    • We may charge a reminder fee for administrative costs

    Service Suspension: If payment remains overdue for 7 days after the reminder:

    • We may suspend your access to the Service after providing reasonable notice
    • Suspension does not relieve you of payment obligations
    • Upon payment of all overdue amounts, we will restore access within 2 business days

    Account Termination: If payment remains unpaid for 30 days:

    • We may terminate your account and contract for cause
    • Your data will be retained for 30 days to allow payment and restoration
    • After 30 days of termination, your data may be permanently deleted

    6.5 Set-Off and Withholding Restrictions

    No Set-Off: You may not set off any counterclaims against our payment invoices unless:

    • Your counterclaim is undisputed by us, or
    • Your counterclaim has been finally adjudicated by a court

    No Withholding: You may not withhold payment or exercise a right of retention, except:

    • Where your claim arises from the same contractual relationship, and
    • Your claim is undisputed by us or legally established

    These restrictions ensure timely payment and do not limit your right to bring separate claims for damages, breach of contract, or other remedies.

    6.6 Cancellation and Refunds

    Cancellation:

    • You may cancel your subscription at any time through your account settings or by contacting support
    • Monthly subscriptions: Cancellation takes effect at the end of the current billing cycle
    • Annual subscriptions: Cancellation takes effect at the end of the 12-month term
    • You retain access to paid features until the end of the paid period
    • No partial refunds for unused time in a billing period

    Refund Policy:

    • Trial Period: No refunds apply (trial is free)
    • Monthly Plans: No refunds after the billing date
    • Annual Plans: No refunds after 14 days from the initial purchase date
    • Exceptional Circumstances: Refunds may be granted at our discretion for billing errors, technical issues preventing Service use, or other exceptional circumstances

    To Request Cancellation or Refund: Contact us at [email protected] or use your account settings.

    6.7 Usage Limits and Overages

    Each subscription plan has defined limits:

    • Daily Prompts: Maximum AI search queries executed per day
    • Data Points: Total data records stored
    • Countries: Geographic regions covered for monitoring
    • Brands: Number of brands monitored (varies by plan)

    If you exceed limits:

    • Non-essential features may be temporarily restricted
    • You will receive a notification to upgrade to a higher-tier plan
    • We may charge overage fees (if agreed in your subscription)
    • Persistent overages may require a plan upgrade

    7. Data Protection and Privacy

    7.1 GDPR and Swedish Data Protection Law

    We process your business data in accordance with:

    • General Data Protection Regulation (GDPR)
    • Swedish Data Protection Act (2018:218)
    • EU Data Act
    • Our Privacy Policy (incorporated by reference)

    Data Controller and Processor Relationship:

    • For your account data: We are the data controller
    • For data you process about third parties (e.g., competitor tracking): You are the data controller, and we are the data processor

    7.2 Data Processing Agreement (DPA)

    For processing activities where you are the data controller and we are the processor, a Data Processing Agreement (DPA) is available upon request. The DPA governs:

    • Scope and purpose of processing
    • Data security measures
    • Subprocessor use (Supabase, Stripe, etc.)
    • Data subject rights handling
    • Cross-border transfers (Standard Contractual Clauses)

    Contact [email protected] to request a DPA.

    7.3 Third-Party Processors

    We use the following third-party subprocessors:

    • Supabase (United States): Database, hosting, authentication
    • Stripe (United States/Ireland): Payment processing
    • PostHog (United States): Analytics
    • AI Platforms: OpenAI, Anthropic, Perplexity, Google, Meta, xAI (for monitoring queries)

    All processors have appropriate data protection agreements and Standard Contractual Clauses (SCCs) in place for GDPR compliance.

    7.4 Data Security

    We implement industry-standard technical and organizational measures:

    • Encryption in transit (TLS/SSL) and at rest
    • Access controls and multi-factor authentication
    • Regular security audits and penetration testing
    • Incident response procedures
    • Employee training on data protection
    • Database row-level security (RLS)

    No system is 100% secure. You acknowledge that use of the Service involves inherent security risks, and you use the Service at your own business risk.

    7.5 Data Retention and Deletion

    During Active Subscription:

    • We retain your Customer Data for as long as your account is active
    • You may delete data at any time through your account settings

    After Termination:

    • Upon termination, we retain your data for 30 days to allow reactivation
    • After 30 days, your Customer Data is permanently deleted (except data we must retain for legal, tax, or compliance purposes)
    • Backup copies may persist for up to 90 days

    Legal Retention Requirements:

    • Billing and payment records: 7 years (Swedish accounting law)
    • Support communications: 3 years
    • Audit logs: 12 months

    Your Right to Request Deletion: You may request immediate deletion of your data by contacting [email protected]. We will delete your data within 30 days, except where retention is legally required.

    See our Privacy Policy for complete details on data handling.

    8. Warranties and Disclaimers

    8.1 Service Provided "As Is"

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

    We disclaim all warranties, including but not limited to:

    • Merchantability: The Service may not be suitable for all business purposes
    • Fitness for a Particular Purpose: We do not warrant the Service will meet your specific business requirements
    • Accuracy: We do not guarantee accuracy, completeness, or reliability of monitoring data, analytics, or AI-generated responses
    • Uninterrupted Access: We do not guarantee error-free, uninterrupted, timely, or secure Service
    • Non-Infringement: We do not warrant that third-party content (AI responses) does not infringe rights

    8.2 Third-Party Platform Disclaimers

    We have no control over third-party AI platforms (ChatGPT, Claude, Perplexity, Google, etc.) and disclaim all warranties related to:

    • Availability, performance, or accuracy of AI platforms
    • Changes to AI platform APIs, terms, or access policies
    • Content generated by AI platforms
    • Removal or restriction of AI platform access

    AI platforms may:

    • Change their terms or pricing
    • Restrict or terminate our access
    • Modify their algorithms or response generation
    • Cease operations

    We are not liable for any impact on your business resulting from third-party platform changes or failures.

    8.3 No Professional Advice

    The Service provides informational insights and analytics only. It does not constitute:

    • Legal advice
    • Marketing or business consulting
    • SEO or technical consulting guarantees
    • Financial advice
    • Professional services requiring licensing

    You should consult qualified professionals for advice specific to your business needs.

    8.4 Your Acknowledgment

    By using the Service, you acknowledge and agree that:

    • Results depend on factors outside our control
    • You are responsible for business decisions based on Service data
    • The Service is a tool to inform your strategy, not a guarantee of outcomes
    • You use the Service at your own business discretion and risk

    9. Limitation of Liability

    9.1 Unlimited Liability

    We are fully liable without limitation for:

    • Intentional misconduct or gross negligence by Asky, our employees, or agents
    • Damages resulting from injury to life, body, or health caused by our negligence
    • Damages arising from fraudulent misrepresentation
    • Any liability that cannot be excluded or limited under mandatory Swedish law

    9.2 Liability for Ordinary Negligence (Material Obligations)

    For ordinary (slight) negligence:

    • We are liable only for breach of material contractual obligations (Kardinalpflichten)
    • Material obligations are those fundamental to the contract and essential for proper performance
    • Our liability is limited to foreseeable, typically occurring damages

    Material obligations include:

    • Providing access to the Service in accordance with your subscription plan
    • Protecting your data with reasonable security measures
    • Processing payments correctly

    9.3 Exclusion of Liability (Non-Material Obligations)

    We are not liable for:

    • Breaches of non-material obligations caused by slight negligence
    • Indirect, incidental, or consequential damages, including:
      • Loss of profits, revenue, or business opportunities
      • Loss of data (except where caused by our gross negligence)
      • Loss of reputation or goodwill
      • Cost of substitute services
    • Damages caused by:
      • Your misuse of the Service or violation of these Terms
      • Third-party actions (AI platform failures, Stripe outages, etc.)
      • Force majeure events
      • Your failure to implement our recommendations
    • Service interruptions or downtime not caused by our gross negligence

    9.4 Maximum Liability Cap

    To the extent our liability is not unlimited under Section 9.1:

    • Our total aggregate liability for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim
    • Minimum cap: If you paid less than €500 in the preceding 12 months, the cap is €500

    This limitation applies to all claims, regardless of the form of action (contract, tort, negligence, strict liability, etc.).

    9.5 Liability of Our Personnel

    The limitations and exclusions of liability in this Section 9 also apply to the personal liability of:

    • Our officers, directors, and employees
    • Our agents, contractors, and subprocessors
    • Our affiliates and their personnel

    9.6 Your Indemnification Obligations

    You agree to indemnify, defend, and hold harmless Asky, its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

    • Your use or misuse of the Service
    • Your violation of these Terms or applicable laws
    • Your breach of third-party rights (intellectual property, privacy, defamation, etc.)
    • Content or Customer Data you provide
    • Unauthorized use of your account due to your failure to secure credentials
    • Your negligence or willful misconduct

    Your obligations:

    • Promptly notify us of any claim
    • Cooperate fully in the defense
    • Not settle any claim without our prior written consent
    • Reimburse us for all costs and damages

    This indemnification survives termination of these Terms.

    10. Reference Use and Marketing Rights

    10.1 Customer Reference Rights

    By using the Service, you grant Asky the right to publicly reference your business as a customer for marketing and promotional purposes.

    Specifically, we may:

    • List your company name and logo in customer reference lists
    • Display your logo on our website, presentations, and marketing materials
    • Include your name in case studies, testimonials, or success stories (with your prior approval for detailed case studies)
    • Mention your use of Asky in press releases, blog posts, and social media

    Our commitments:

    • References will be factual and professional
    • We will not disclose confidential business information
    • We will not misrepresent your use of the Service or results
    • We will use only publicly available logos and branding

    10.2 Opt-Out Rights

    You may opt out of reference use by providing written notice to [email protected] stating:

    • Your company name
    • Request to be removed from reference materials
    • Reason for opt-out (optional)

    Effect of opt-out:

    • We will remove your reference from future materials within 30 days
    • Existing published materials may take longer to update (e.g., printed brochures, third-party publications)
    • Opt-out does not affect your obligations under these Terms

    Note: This right survives termination of your subscription unless you explicitly opt out.

    11. Term and Termination

    11.1 Contract Term

    Commencement: The contract begins when you accept these Terms and create an account or enter into a subscription agreement.

    Duration: The contract term is as specified in your subscription:

    • Monthly subscriptions: One-month renewable terms
    • Annual subscriptions: 12-month renewable terms
    • Trial: 7-day term (non-renewable)

    Automatic Renewal: Unless cancelled, subscriptions automatically renew for successive periods of the same duration.

    11.2 Ordinary Termination

    Termination by You:

    • Monthly subscriptions: Cancel anytime, effective at the end of the current billing cycle
    • Annual subscriptions: Cancel with 30 days' notice, effective at the end of the 12-month term
    • Method: Submit cancellation via account settings or email to [email protected]

    Termination by Us:

    • We may terminate for convenience with 60 days' advance written notice
    • We may discontinue the Service entirely with 90 days' notice

    Effect: Upon termination, access ends at the end of the paid period. No refunds for unused time.

    11.3 Termination for Cause

    Either party may terminate immediately for cause (without notice or with shortened notice) if:

    We may terminate for cause if:

    • You materially breach these Terms and fail to cure within 14 days of written notice
    • You fail to pay undisputed invoices for more than 30 days
    • You engage in prohibited activities (Section 4.2)
    • You become insolvent, enter bankruptcy, or cease business operations
    • Required by law or legal process
    • Your use of the Service poses security or legal risks

    You may terminate for cause if:

    • We materially breach these Terms and fail to cure within 30 days of written notice
    • We cease providing the Service without offering a suitable alternative
    • We are declared insolvent or enter liquidation

    Effect of Termination for Cause:

    • Immediate suspension of Service access
    • No refunds for prepaid periods (unless termination was due to our breach)
    • You remain liable for all unpaid fees and charges
    • We may immediately delete your data (after a reasonable opportunity to export)

    11.4 Effects of Termination

    Upon termination or expiration:

    • Your right to access and use the Service immediately ceases (or at the end of the paid period for ordinary termination)
    • We will deactivate your account
    • You must immediately cease all use of the Service
    • You remain liable for all outstanding fees, charges, and obligations incurred prior to termination

    Data Deletion:

    • We will retain your Customer Data for 30 days after termination to allow reactivation
    • After 30 days, your data will be permanently deleted (except data we must retain for legal/compliance reasons)
    • You should export your data before termination

    Data Export: Before terminating, you may export your data in JSON format via your account settings or by requesting a data export from [email protected].

    Survival: The following provisions survive termination:

    • Payment obligations (Section 6)
    • Intellectual property rights (Section 5)
    • Confidentiality obligations
    • Limitation of liability (Section 9)
    • Indemnification (Section 9.6)
    • Dispute resolution and governing law (Section 12)

    12. Confidentiality

    12.1 Confidential Information

    "Confidential Information" means non-public information disclosed by one party to the other, including:

    • Business strategies, financial information, and pricing
    • Technical data, algorithms, and product roadmaps
    • Customer lists and business relationships
    • Trade secrets and proprietary information

    Exclusions: Information is not confidential if it:

    • Is or becomes publicly available without breach of these Terms
    • Was lawfully known prior to disclosure
    • Is independently developed without use of Confidential Information
    • Is required to be disclosed by law or court order (with prior notice if permitted)

    12.2 Obligations

    Each party agrees to:

    • Keep Confidential Information strictly confidential
    • Use Confidential Information only to perform obligations under these Terms
    • Disclose Confidential Information only to employees and contractors with a need to know
    • Protect Confidential Information with the same care used for its own confidential information (but no less than reasonable care)
    • Not reverse engineer or attempt to derive trade secrets

    12.3 Duration

    Confidentiality obligations survive termination for 5 years.

    13. Dispute Resolution and Governing Law

    13.1 Governing Law

    These Terms are governed by and construed in accordance with the laws of Sweden, without regard to conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

    13.2 Jurisdiction

    Exclusive 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 Stockholm, Sweden.

    By agreeing to these Terms, you consent to the personal jurisdiction of Swedish courts and waive any objections based on inconvenient forum.

    13.3 Informal Dispute Resolution

    Before initiating litigation or arbitration, we encourage you to contact us at [email protected] to resolve disputes informally. Many disputes can be resolved quickly through good-faith discussion.

    We commit to:

    • Responding to dispute notices within 5 business days
    • Engaging in good-faith negotiations for 30 days
    • Escalating to senior management if necessary

    13.4 No Class Actions

    You agree to resolve disputes on an individual basis only. You waive any right to:

    • Participate in class action lawsuits
    • Join consolidated claims with other customers
    • Bring representative or collective proceedings

    This waiver applies to the extent permitted by Swedish law.

    14. Force Majeure

    14.1 Excused Performance

    Neither party is liable for delays or failures in performance caused by circumstances beyond its reasonable control, including:

    • Natural disasters (earthquakes, floods, fires, storms)
    • War, terrorism, civil unrest, or riots
    • Government actions, embargoes, or sanctions
    • Labor strikes or lockouts (not involving the party's own employees)
    • Internet, telecommunications, or utility failures
    • Third-party service outages (AI platforms, cloud providers, payment processors)
    • Pandemics or public health emergencies
    • Cyber attacks or data breaches not caused by the party's negligence

    14.2 Notification and Mitigation

    The affected party must:

    • Promptly notify the other party of the force majeure event
    • Use commercially reasonable efforts to mitigate the impact
    • Resume performance as soon as reasonably practicable

    14.3 Right to Terminate

    If a force majeure event prevents performance for more than 60 consecutive days, either party may terminate the affected contract upon written notice without liability (except for payment obligations accrued prior to the event).

    15. General Provisions

    15.1 Amendments to Terms

    We may update these Terms from time to time to reflect:

    • Changes in our Service or business practices
    • Legal or regulatory requirements
    • Industry best practices

    Notice of Changes:

    • We will notify you at least 30 days in advance of material changes
    • Notice will be sent via email to your registered email address
    • We will update the "Last Updated" date at the top of these Terms

    Your Options:

    • Changes take effect on the date specified in the notice
    • If you do not agree to the changes, you may terminate your subscription before the effective date
    • Continued use of the Service after the effective date constitutes acceptance of the updated Terms

    Existing Contracts: For fixed-term contracts (e.g., annual subscriptions), material adverse changes will only apply upon renewal unless you consent earlier.

    15.2 Entire Agreement

    These Terms, together with:

    • Your subscription agreement or order form
    • Our Privacy Policy
    • Any Data Processing Agreement (DPA)

    constitute the entire agreement between you and Asky regarding the Service and supersede all prior agreements, representations, and understandings (whether written or oral).

    No reliance: You acknowledge that you are not relying on any statement, representation, or warranty not expressly set forth in these Terms.

    15.3 Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

    • The remaining provisions will remain in full force and effect
    • The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent
    • If modification is not possible, the invalid provision will be severed, and the remainder of these Terms will continue to apply

    15.4 No Waiver

    Our failure or delay in enforcing any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by our authorized representative.

    A waiver of any breach does not constitute a waiver of any other breach or future breaches.

    15.5 Assignment

    By You: You may not assign, transfer, or delegate these Terms or your account without our prior written consent. Any attempted assignment without consent is void.

    By Us: We may assign these Terms or our rights and obligations to:

    • An affiliate or subsidiary
    • A successor in connection with a merger, acquisition, or sale of assets

    We will provide you with notice of any assignment that materially affects your rights.

    15.6 No Third-Party Beneficiaries

    These Terms do not confer any rights or remedies to any third parties, except as expressly stated (e.g., indemnified parties under Section 9.6).

    15.7 No Agency or Partnership

    These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Asky. Neither party has authority to bind the other or make commitments on the other's behalf.

    15.8 Notices

    All notices under these Terms must be in writing and delivered to:

    To Asky: Email: [email protected] Address: -

    To You: Email: The email address associated with your account

    Notices are deemed received:

    • Email: When sent (if during business hours) or the next business day (if sent after hours)
    • Mail: 5 business days after mailing

    You agree to keep your email address current and check it regularly for notices.

    15.9 Language

    These Terms are provided in English. If translated into other languages, the English version prevails in case of any conflict or ambiguity.

    15.10 Headings

    Section headings are for convenience only and do not affect the interpretation of these Terms.

    16. Contact Information

    For questions, support, or notices regarding these Terms, please contact us:

    Asky Email: [email protected] Support: [email protected] Address: -

    Data Protection Officer (DPO): Email: [email protected]

    Business Information: Asky is under incorporation and details will be updated once the process has been completed.

    • Company Type: -
    • Registration Number: -
    • VAT Number: -

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

    These Terms constitute a binding contract between your business and Asky. Please print or save a copy for your records.

    Last Updated: November 1, 2025