Terms of Service
Please read these terms of service (“Terms”) carefully. They constitute legally binding contractual content between you, or the company you represent, and Zupyak AB ("we", "us", etc.). If you do not agree with these Terms, please do not subscribe to and/or use the services described in these Terms.
These terms apply if you register a user account, use the Zupyak platform available at zupyak.com (“Zupyak”) or use any accompanying services (all together the “Services”).
Zupyak is a web-based community content platform that hosts classified advertising and related content created and posted by users. Users can publish content and discover other’s stories, software and businesses. You can use Zupyak by purchasing a subscription of Zupyak Premium or by using the free-of-charge, limited version of Zupyak. Each service plan is described in more detail at zupyak.com (the “Site”).
To be able to post content at and send messages through Zupyak, you need to create a user account. You may register through your Google account or by entering your email address and a password of your choice. Your user account is personal, and you are not entitled to give access to or transfer your account to anyone else. If you suspect that someone else has access to your account, please contact us immediately.
If you use the Services on behalf of a business, you must have the authority to enter into these Terms on behalf of your entity. By accessing or using Zupyak you warrant to us that you have read and understood these Terms and that you have the legal capacity to enter into a legally binding agreement with us.
If you are a consumer, you represent and warrant that you are at least 16 years of age by creating a user account. If you are younger than 16, or otherwise do not have the authority to enter into agreements such as these Terms, your legal guardian, or a holder of parental responsibility, needs to review and agree to these Terms on your behalf. If you do not wish to be bound by these Terms, you may not access or use the Services.
Zupyak includes functions for uploading and sending content, such as posts, comments, photos, links, information, data, text, files, software, chats and communication, provided by you (all together "Content") as well as functions to send messages to other users (“Messaging”). You are only allowed to upload Content that you own or that you are entitled to manage, publish and upload to Zupyak. See more dos and don’ts in the section below.
You are not allowed to upload or distribute Content that includes illegal, violent, offensive, discriminating, pornographic, or otherwise improper content. By Messaging or uploading Content to your user account and thereby to the Site you warrant that the Content, and your use of the Content, in no way violates these Terms, any applicable legislation or any third party’s rights. We reserve the right, at any time and at our discretion, to remove any Content that violates this section, that creates risk or legal exposure for us or that we consider to be inappropriate or unsuitable.
Note! We will not monitor or supervise whether any Content is lawfully uploaded or distributed through the Site. You represent that you own or have obtained all necessary rights to the Content you upload. You are aware that you are solely responsible for all distribution of Content and other actions by you and in your user account.
When using the Services, you shall:
ensure that all contact and billing information provided by you to us and all information published onto the Site is current, accurate, and complete, and that you will maintain it that way;
keep your user account information strictly confidential and not share your passwords with others; and only post ads and promoting links to commercial services or websites in areas of the Site where such ads are expressly permitted.
You shall not, and do not attempt or permit any third party to:
harass, threat, embarrass or cause distress or discomfort upon another individual or entity or use Zupyak or the Site for any purpose that invades any person’s or entity’s privacy or other rights, misidentifies you;
impersonate any other person or entity or otherwise restrict or inhibit any other person from using or enjoying Zupyak or the Site;
upload or distribute someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyrights or trademarks);
post any ad or Content for products or services, use or sale of which is prohibited by any law or regulation;
post Content in categories that is not appropriate, or post the same Content in more than one category, or more than once every 7 days, or post the same Content in multiple cities on the Site;
send mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
take any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site;
send irrelevant or unsolicited messages to a large number of users or repeatedly to any single user (i.e. spamming);
modify, reproduce, duplicate, copy, publish or create derivative works or improvements, nor reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any portion of the Services or the Site;
use any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site; or
alter, remove, obscure, copy, frame or mirror our or our suppliers’ branding, proprietary notices or any content forming part of the Services or provided by us in connection with the Services, unless expressly permitted by us.
Please report any violations of these Terms to: [email protected]. If you detect that your intellectual property rights have been violated though Content posted on the Site, we encourage you to report such Content to us by using the “Report Content” function on the article pages.
You can use Zupyak by purchasing a subscription of Zupyak Premium or by using the free-of-charge, limited version of Zupyak. Zupyak Premium is provided through a subscription model with recurring monthly or yearly subscription payments, depending on your subscription plan (each, a “Subscription Plan”).
Applicable prices and features included in each Subscription Plan can be viewed in the Site. The price for the Subscription Plan will always be presented in the checkout before you complete your payment. The prices include any explicitly set out relevant value added tax (VAT) or other fees and taxes. Please note that your bank may charge you with additional fees, such as interchange fees or currency conversion fees.
Once you have completed your payment, we will send an email confirmation of your Subscription Plan. You will get access to Zupyak Premium upon a successful check-out.
We have the right to change the prices for the Services. If we change the prices, we will notify you in advance. Price changes will take effect at the start of the subscription period following the date the prices were changed. By continuing to use or access Zupyak Premium after the price changes come into effect, you agree to be bound by the new prices.
You may cancel your Subscription Plan at any time, and you will continue to have access to the Services throughout your current subscription period. Please note, that once the Subscription Period has ended your access to the Services will be limited to the functions and features included in the free-of-charge version of Zupyak. This may, for example, entail that uploaded posts surpassing the amount included in the free-of-charge version of Zupyak are restricted or removed from the Site.
In order to provide secure payments, we use third-party payment service provider Stripe in our check-out on the Site. As an independent service provider, Stripe’s User Terms of Service apply for the payment services. We will not have access to or store any payment card information.
The Services may be paid for by credit or debit card. You must keep the payment information accurate and updated. You agree to pay within the set time for the payment method you choose. If you have purchased a subscription, we have the right to suspend your access to Zupyak Premium until you have paid all the charges incurred by you. Payment after due date can entail late payment fees and interest.
If you are a consumer, you have, under certain circumstances, the right to withdraw your purchase within fourteen (14) days from the date of the purchase, in accordance with the Swedish Distance and Doorstep Sales Act (Sw. distansavtalslagen). The withdrawal right does not apply if the total price of your purchase is less than SEK 400 (or corresponding amount in applicable currency) or if you have agreed to us initiating the Services during the withdrawal period and have agreed to waive the withdrawal right. The withdrawal right is only applicable during the first subscription period of your subscription. Please note that the right of withdrawal does not apply to business customers.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase by emailing to [email protected]. You can also use this withdrawal form. The notice of withdrawal shall be sent before the end of the withdrawal period.
If you withdraw from your subscription, we will reimburse your subscription fee. Your refund will not include any additional fees that you have paid to your bank in connection with the initial purchase. Refunds will be reimbursed by using the same means of payment as you used to pay for the subscription. If your subscription period has already begun when you notify us your wish to withdraw, we are entitled to reduce your refund at an amount proportionate to the period you have utilized your subscription.
Except for the withdrawal right, we do not offer a right of return (such as refunding the subscription fee) by reason of your dissatisfaction with the Services.
These Terms apply for as long as you have an active subscription or use the Services. This agreement shall automatically expire if you unregister to the Services or if we terminate your user account or subscription. We reserve the right, at any time and without notice, to terminate your subscription or remove or disable access to your user account, the Services or parts of the Services if you violate these Terms, or otherwise use the Services in a way that we believe conflicts with these Terms or is damaging to us, other users or the Services.
Sections 5 (What are the payment terms?), 9 (Who owns what?), 12 (Limited Liability) and 14 (Other important terms) shall survive any such expiration or termination. You may unregister from your user account at any time. Choose “Delete account” or any corresponding function on the Site or contact us through the chat available on the Site. We will then delete or anonymize any personal information that can be attributed to you, except for certain information that we by law may have to save and archive. If you unregister your user account, we reserve the right to remove any Content posted or distributed by you to the Site.
The Site is owned and operated by Zupyak AB. Except for Content, all copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Services (including titles, graphics, icons, scripts, source codes etc.) are owned by us or our licensors and must not be reproduced, distributed, sold, rented, leased, sublicensed, used, modified, copied, limited or used (in whole or in part) without our written consent. Except for the limited rights expressly granted in these Terms, nothing in the Terms shall be construed as transferring or assigning the title or ownership of any intellectual property rights in the Services or the Site to you.
As between you and us, you own and control all right, title, and interest in and to any data and Content you upload, post, transmit or otherwise make available through the Services. In order to provide the Services, administrate your user account, provide support and develop the Services, we need access to your Content. You hereby grant us a royalty free, worldwide, non-exclusive license to use, process, access, modify, display, copy and store Content in order to provide the Services to you and enable you to share the Content or interact with other people, to distribute and publicly perform and display Content as you direct or enable through the Services. By adding Content to the Site, you are aware that such Content becomes publicly accessible to others.
You acknowledge that we may freely utilize aggregated and anonymized Content and data generated in the system log files to optimize and improve the Services.
All content produced on Zupyak must follow Google’s Webmaster guidelines. Zupyak reserves the right to delete any content that does not comply with these guidelines.
The Services are provided “as is” and “as available”. We make no representations or warranties that the Site or the Services will be uninterrupted or error free. If you experience service interruptions or detect a technical error in the Services or on the Site, you can report the problem through the chat available on the Site.
We have implemented reasonable security measures to protect your Content. Such security measures include for example access control and back-up execution. We are not liable for any loss of Content and we advise you to always keep your own backup. We do not take any responsibility with regards to the validity of Content provided by you.
You accept that your sole right of recourse in case of an error in the Services is that you may at any time stop using the Services and terminate your agreement with us, i.e. unsubscribe from your user account. We shall not be liable for damages arising from use of the Services, including damage caused by malware, viruses or other incorrect or incomplete information, unless such damage arises because of intent or gross negligence on our part. We are at no time liable for indirect damage or loss that affects users, which without limitation includes loss of profit or revenue, loss of goodwill or loss of expected savings.
In no event shall we be liable for any damages arising out of or as a result of your Content. You will indemnify and hold us harmless for any claims, damages or losses incurred to us or a third party as a result of your Content.
We may modify these Terms at any time. In the event of changes which are not minor and may affect your rights, you will be notified via email. If we do not get any objection within thirty (30) days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, continuing to use the Services, after the new conditions have been submitted. The latest version of the Terms will be available on the Site and you should visit this page periodically to keep informed of any changes.
We reserve the right to update, modify or discontinue, temporarily or permanently, the Services and any site features. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Services.
Swedish law shall apply to these Terms and our legal relationship in general. Disputes arising from these Terms or otherwise in connection with the use of the Services shall be examined in a general court of law, with Stockholm District Court as the court of first instance, unless otherwise specified by mandatory legislation.
You may not wholly or partly assign or pledge your rights and/or obligations under these Terms to any third party without our prior written approval. We have the right to transfer its rights and obligations under these Terms.
If any part of these Terms is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.
If you have any questions about these Terms or the Services, you can always contact us through the e-mail address set out below.
Email: [email protected]
Corporate ID no. 556982-5879
C/O Helio GT30, Grev Turegatan 30,114 38 Stockholm
This Terms of Service were last updated 2022-05-12