Terms and conditions

1.1Product: Refers to the Software Pertento AB, a web-based application for conversion optimization, message customization, and marketing channel analysis.

1.2Owner: Pertento AB (Pertento AB), located at Karlavägen 86, Stockholm, Sweden, with contact email at hello@pertento.ai.

1.3Agreement: This License Agreement between You and the Owner.

1.4Package: License versions with varying terms and services as described in this Agreement.

1.5User: Any individual or entity accessing or using the Product.

2.1By accessing, installing, purchasing, or using the Product, you acknowledge full understanding and acceptance of this Agreement.

2.2This Agreement constitutes a legally binding contract between You (individual or entity) and the Owner.

2.3If you do not agree to the terms of this Agreement, you must not use the Product.

3.1The Product is licensed, not sold. You are granted a personal, non-exclusive, non-transferable, revocable license based on the selected Package.

3.2License validity begins upon account creation and remains in effect for the duration specified in your chosen Package.

3.3The license is billed monthly in advance and will automatically renew unless canceled in accordance with Section 3.5.

3.4Users are prohibited from sublicensing, reselling, or redistributing the Product without prior authorization from the Owner.

3.5A 30 day cancellation notice is required to terminate the license. Cancellations made less than 30 days before the next billing cycle will apply to the subsequent month.

4.1You shall not:

• Reverse engineer, decompile, or disassemble the Product.
• Use the Product for purposes conflicting with moral values, including adult, gambling, or political activities.
• Modify or create derivative works from the Product.

4.2Any violation of these restrictions may result in immediate termination of your license without refund.

5.1The Product is subject to fees outlined in the Price List. Payments are processed via card.

5.2Payment is due monthly in advance and will be automatically charged to the User’s provided payment method on the first day of each billing cycle.

5.3The Owner reserves the right to adjust prices, add fees, or introduce new services with 30 days’ prior notice.

5.4All payments are final; no refunds are provided for unused periods of the Product or partial months.

5.5Users must ensure their payment method remains valid throughout the subscription period. Failure to process payment may result in service suspension.

6.1The Owner reserves the right to terminate or suspend your license if you:

• Breach this Agreement.
• Fail to pay applicable fees.

6.2Upon termination, access to the Product will cease, and stored data may be deleted.

6.3The User may terminate the license by providing a 30 day written notice, as outlined in Section 3.5.

7.1The Owner processes personal data in accordance with GDPR and other applicable laws.

7.2Data collected is used solely for improving Product functionality and performance.

7.3Users are responsible for safeguarding their passwords and account credentials.

8.1The Product is provided “as is” without warranties of any kind. The Owner does not guarantee uninterrupted or error free operation.

8.2The Owner is not liable for any indirect, incidental, or consequential damages arising from Product use.

8.3Total liability is limited to the amount paid by the User in the preceding 12 months.

9.1All intellectual property rights in the Product remain the exclusive property of the Owner.

9.2You agree not to remove, alter, or obscure any proprietary notices or marks.

10.1Support services are available based on your selected Package. Additional fees may apply for premium support.

11.1Product upgrades are mandatory and included in your license.

11.2Downtime during maintenance will be communicated in advance.

12.1This Agreement is governed by Swedish law.

12.2Disputes will be resolved exclusively in the courts of Stockholm, Sweden.

12.3Consumers retain rights under applicable consumer protection laws.

13.1The Owner reserves the right to modify this Agreement with 30 days’ notice. Continued use of the Product signifies acceptance of the updated terms.

13.2In case of discrepancies, the Swedish version of this Agreement shall prevail.

14.1Failure to enforce any provision of this Agreement does not constitute a waiver of rights.

14.2This Agreement constitutes the entire agreement between the parties.

15.1You warrant that you own or control each website on which you install the Product, and that you are authorised to modify what it serves to its visitors.

15.2You are responsible for the content of every experiment, variant, survey and message you publish through the Product, and you warrant that it is lawful and does not infringe anyone else’s rights.

15.3You are responsible for telling the visitors of your websites what is collected about them and for obtaining any consent applicable law requires, and for the accuracy of the privacy information you give them.

15.4The Owner does not review experiment content before it is published.

16.1Features identified as beta are made available so that you can evaluate them. They may change, behave unpredictably or be withdrawn at any time.

16.2Beta features are excluded from the support services described in Section 10 and from the advance notice of downtime in Section 11.2.

16.3A beta feature that becomes generally available may be charged for, on the notice period in Section 5.3.

17.1In addition to Section 6.1, the Owner may suspend access immediately where continued access presents a security risk, where the Owner is required by law to suspend it, or where use of the Product is materially degrading the service for others.

17.2The Owner will tell you why access was suspended unless prevented by law from doing so, and will restore it as soon as the cause is resolved.

18.1Where the Data Processing Agreement applies, the return and deletion of personal data is governed by that agreement, which prevails over Section 6.2 to the extent of any conflict.

18.2Aggregated data that identifies neither you nor any individual may be retained after termination, on the terms in Section 21.2.

19.1You will indemnify the Owner against third party claims arising from your use of the Product in breach of this Agreement, from content you publish through it, or from installing it on a website you were not authorised to modify.

19.2The Owner will notify you of any such claim promptly, will let you control its defence, and will not settle it without your consent, which you will not unreasonably withhold.

20.1Nothing in Section 8 limits liability that cannot be limited under Swedish law, including liability for death or personal injury caused by negligence, for fraud, or for wilful misconduct.

20.2Section 8.3 does not limit your obligation to pay fees that are due, or your indemnity under Section 19.

21.1If you send the Owner suggestions about the Product, the Owner may use them without restriction and without owing you anything for them. You keep whatever rights you already held in them.

21.2The Owner may produce and use aggregated, de-identified data derived from use of the Product in order to operate, secure and improve it. The Owner will not publish or disclose that data in any form that identifies you, your websites, or any individual.

22.1The Owner may identify you as a customer, and use your name and logo for that purpose, on its website and in its materials.

22.2You may withdraw that permission at any time by writing to hello@pertento.ai, and the Owner will stop within a reasonable period.

23.1Neither party is liable for a failure to perform caused by an event beyond its reasonable control, for as long as that event continues, provided it tells the other party and works to resume performance. This does not excuse an obligation to pay.

24.1You may not assign this Agreement without the Owner’s written consent, which will not be unreasonably withheld.

24.2The Owner may assign it to an affiliate, or to a successor in connection with a merger, an acquisition or a sale of substantially all of its assets, on notice to you.

25.1Notice to the Owner is given by email to hello@pertento.ai. Notice to you is given by email to the address held on your account, or in the Product itself. Either is treated as received on the next business day.

25.2Keeping the account email address current is your responsibility.

26.1Where you and the Owner have signed an order form or other written agreement that refers to this Agreement, that document prevails over this one to the extent of any conflict.

26.2The Data Processing Agreement prevails over this Agreement in respect of the processing of personal data.