Terms of Service

The Site and the Services, as defined below, are provided to you by Henry Labs AB, a company registered in Sweden with registration no. 559052-5225 (“Henry”), subject to the following terms and conditions.

Please read these terms and conditions and Henry’s privacy policy (the “Privacy Policy”) (jointly referred to as the “T&C”) carefully before creating an account or log-in at the website, currently located at www.app.hihenry.com (the “Site”) or otherwise using Henry’s feedback assistance service, a service which simplifies the collection of employee feedback (the “Services”), including communicating with the Services using text messaging services or other ways of communication.

“Administrator” an individual with permission to create and manage accounts for end-users on the Site.

“End-user” an individual accessing or using the Site or the Services.

Administrator and End-user are in these T&Cs jointly referred to as “you” or “your”.

1.   Acceptance of the T&C. By creating an account at the Site or by using the Services, you agree to strictly adhere to the T&C and to be legally bound to them in relation to Henry and its officers and employees. You also undertake to carefully read any and all future revisions of or amendments to the T&C and not to use the Services unless you have read, understood and accepted such revised or amended T&C.

2. Changes to the T&C. Henry has the right to revise and amend the T&C from time to time. In the event of an onerous changes to the T&C, Henry will notify you by e-mail 30 days in advance. By continuing to use the Services after such notification period, you agree to be bound by the revised or amended T&C.

3.   Service account. In order to use the Services, you need to either create an account or have an Administrator create an account for you.

4. Specific terms for Administrator. As an Administrator creating accounts for other users, you acknowledge that all personal data provided by you to Henry is true and correct and that you have provided information to, and if necessary solicited appropriate consent from, the person that you are creating an account for. You also acknowledge that, when necessary, you will update personal data on the Site so that it at all times remains true and correct, e.g. removing employees that should no longer have access to the Site or the Services.

5. Update user As an End-user you are also responsible for making sure that your personal data on the Site and in the Services at all times remains true and correct.

6.Henry’s use of personal data. By accepting the T&C in accordance with Section 1 in these terms and conditions you acknowledge that Henry may process your personal data in accordance with the Privacy Policy. Neither Henry nor its subcontractors are liable for any unavailability of the Site or the Services, or accidental deletion or deletion in accordance with the T&Cs of data/information uploaded by you.

7. Responsibility for log-in information. You are solely responsible for maintaining the confidentiality of your log-in information and Henry shall have no responsibility for any unauthorized use of your account.

8. Henry’s provision of the Site and the Services. Henry may at its own discretion and at any time alter, modify, correct, amend and make all other changes to the Site and the Services.

9.   Your use of the Site and Services. You agree to use the Services only via your own account for the Site. You undertake not to use the Site and the Services for other purposes than for the purposes which Henry or your employer has indicated that the Site and the Services are intended for. Henry has the right to block access to the Services if it learns that you may be using the Services or the Site in violation of the T&Cs and the purpose of the Services or the Site. You agree to use the Services with decency with regard to ethics and moral. In order to use the Site or Services for marketing purposes, you must have Henry’s express consent.

You agree to abide by all applicable laws and regulations, for example privacy laws protecting the personal integrity of individuals in connection with setting up accounts for other users, as well as any internal code of conduct as may be provided by your employer when using the Site and the Services. You ensure that the information, text and other content, provided by you on the Site and while using the Services is true and correct and that it is neither infringing, fraudulent, defamatory, libelous, inciting to hatred, violence nor comprises any other unlawful behavior, harassing, threatening, assaulting, racist, sexist, pornographic, invasive of other people’s privacy or otherwise inappropriate material. Further, you undertake not to provide the Site or the Service with information that contain any sort of software virus or anything that will have any negative impact on any type of software, hardware or telecommunication equipment. You also acknowledge that the aforementioned is only an exemplification of violations of the T&C and that the fact that a use of the Site or the Services is not explicitly prohibited does not mean that it is permissible. Contact Henry or your employer if you have any hesitance regarding content to be posted.

Henry is not liable for any information posted by you, and the consequences it may have on you, your employer or third parties. You acknowledge that the use of the Site and the Services is completely at your own risk and that you will be solely responsible for all damage and loss that you may incur by your use of the Site and the Services. All information provided by you while using the Site and the Services is your sole responsibility.

Note that your telecom operator may charge you for the use of telephone text messaging services, e.g. SMS.

Please ensure that you are not using the Services or text messaging while driving.

10. Intellectual Property Rights. You confirm that the texts and other content provided by you in connection with your use of the Site or the Services do not infringe any intellectual property rights or obligations of confidentiality and that you have all necessary consents for providing such information. This means that you may only upload content on the Site and provide content in connection with your use of the Services if you are the owner of the intellectual property rights to such content or if you have the necessary consents from the owners of the intellectual property rights to such content. You do not acquire any rights to any content uploaded and provided on the Site by Henry.

11.Warranty Disclaimer. HENRY CANNOT GUARANTEE THAT THE INFORMATION AND OTHER CONTENT PROVIDED BY USERS IN INTERACTION WITH THE SERVICES IS TRUE OR CORRECT, THAT THE SERVICES ARE AVAILABLE AT ALL TIMES OR THAT UPLOADED DATA IS NOT DELETED. HENCE, HENRY SHALL NOT BE LIABLE FOR ANY ERRORS IN THE CONTENT PROVIDED BY YOU OR BY ANY OTHER USER OF THE SITE AND THE SERVICES, AND IS NOT LIABLE FOR ANY LOSS OF DATA OR UNAVAILABILITY OF THE SERVICES. THE USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THAT HENRY DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, FOR THE SERVICES OR THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION OR STATISTICS ON THE SITE OR THAT THE SITE AND SERVICES DO NOT CONTAIN ANY VIRUSES. FURTHER, HENRY DOES NOT WARRANT THAT THE PROVISION OF THE SERVICES OR THE SITE WILL BE ERROR-FREE.

12. Limitation of Liability. IN NO EVENT SHALL HENRY BE LIABLE FOR ANY INJURIES, HARM, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, DAMAGE TO OR CORRUPTION OF DATA OR FOR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND. THE EXCLUSION OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS POSSIBLE TO ANTICIPATE AND IRRESPECTIVE OF WHETHER OR NOT LIABILITY OTHERWISE WOULD ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE. IF LIABILITY SHOULD ARISE UNDER MANDATORY LAW, THE MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY OF HENRY SHALL FOR EACH CASE BE LIMITED TO A TOTAL OF SEK 1000. HENRY expressly excludes any and all liability to any third party.

13. Indemnification. You agree to indemnify and hold Henry, its representatives and employees harmless for any and all claims, disputes, demands and lawsuits that may arise as a consequence of your use of the Site and the Services. The indemnification also includes the obligation to reimburse Henry for its legal costs, including attorneys’ fees to the counsel(s) of Henry’s choice.

14.Termination. You agree that Henry may at any time and at its sole discretion delete your account and terminate your use of the Services without prior notification to you. You also agree that Henry may at any time and at its own discretion close the Site or parts of the Site and discontinue providing the Services or parts of the Services. You may delete your account in order to terminate your use of the Services. In such case, your rights and obligations under the T&C will also terminate except for such obligations of yours that have arisen as a consequence of your use of the Site and the Services before the deletion of your account or which otherwise expressly or implicitly shall survive the deletion of your account.

15. Miscellaneous. If any part, term or provision of the T&C is held to be illegal or unenforceable, the validity of the remainder of the T&C will not be affected. Any omission of Henry to enforce its rights under the T&C shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF YOUR ACCOUNT AT THE SITE.

16.Dispute Resolution. The T&C, including the Privacy Policy, are construed in accordance with, and shall be governed by, the laws of Sweden, without regard to the principles of conflict of laws. Any dispute, controversy or claim arising out of or in connection with the T&C, including the Privacy Policy, or the breach, termination or invalidity thereof, shall be finally settled by the courts of Sweden, with the Stockholm District Court as the court of first instance.

*******