This English version is legally binding for Agreements whose Order is drawn up in English. For all other Agreements, the Swedish version is binding and prevails – see the section “Order of precedence” in the Service Agreement.
In other words, what applies between us if you are our customer
Applies from 2026-10-15.
This agreement applies when we, CM Software Callmaker AB, Reg. No. 556999-9971, deliver services to you as a customer. In the agreement, “we”, “us”, “Callmaker” or “CM Software” means CM Software Callmaker AB, and “you”, “your”, “customer” or “the customer” means you as a customer.
You are entitled to use the Service only if all the terms of this Agreement are accepted. This is also confirmed by signing the Order. You are responsible for ensuring that the signatory is an authorised signatory, has authority by virtue of their position or is otherwise authorised to enter into agreements on your behalf.
The Agreement consists of the Order, this Service Agreement, Appendix 1 – Data Processing Agreement, Appendix 2 – Data Portability, Appendix 3 – Cybersecurity Incidents, Appendix 4 – AI Features and the other documents to which these expressly refer. If the documents contain conflicting provisions, they apply in the following order:
The Service Price List does not form part of the Agreement, even where the Agreement refers to it, and a change to it does not constitute an amendment to the Agreement under the section “Amendments to the Agreement”. Prices in the Order take precedence over the Service Price List.
A deviation from the Service Agreement in the Order applies only if it is express and relates to the specific provision from which it deviates. If the Order refers to a provision of the Service Agreement and that provision’s number and heading do not match, the reference is to the provision bearing that heading. Oral agreements and information in quotations, marketing material or support communications do not form part of the Agreement.
Terms in the Order such as contract term, commitment period, agreement period, renewal period or equivalent shall be understood as the Commitment Period under this Service Agreement, and terms such as licence fee, monthly fee, fixed fee or equivalent as Fixed Fees. If the Order states no commitment period but only a notice period, the Remaining Contract Period is calculated on the basis of that notice period. References in the Order to General Terms and Conditions, general terms or terms published on callmaker.se refer to this Service Agreement as amended from time to time in accordance with the section “Amendments to the Agreement”. This applies regardless of when the Order was signed and regardless of the business name under which we then operated.
The Service Agreement and its appendices are available in Swedish and English. If the Order is drawn up in English, the language of the Agreement is English; otherwise it is Swedish. The language version of the Service Agreement and its appendices that corresponds to the language of the Agreement applies and prevails in the event of any discrepancy between the language versions. An addendum changes the language of the Agreement only if the addendum expressly so states. Translations into other languages are provided as a service only. English expressions for Swedish legal concepts shall be given the meaning they have under Swedish law.
The Service is cloud-based software made available to Users over the public internet and accessed through a web browser that supports the relevant technology and protocols in accordance with our recommendations. The Service is available on Working Days from 08:00 to 21:30 and on other days from 09:00 to 17:00, Swedish time (“Availability Hours”), except for planned maintenance under the next paragraph.
We are entitled to carry out planned maintenance during which the Service cannot be used in whole or in part. Such maintenance is scheduled primarily outside Availability Hours and is announced in advance by email or in the Service where practicable. Maintenance required to remedy security vulnerabilities or critical faults may be carried out without prior notice. Unavailability due to planned maintenance announced reasonably in advance does not count as downtime under the section “Liquidated damages for downtime”. Unavailability due to maintenance carried out without such notice, including maintenance to remedy security vulnerabilities or critical faults, counts as downtime. Outside Availability Hours we strive to keep the Service available but make no commitments regarding availability.
The Service is provided in accordance with the requirements for competence and quality applicable in the industry and with good market practice, and in compliance with applicable laws and regulations.
We undertake to correct any technical faults in the Service promptly and with reasonable effort.
You are granted a limited, non-exclusive licence and right to access and use the Service in your business for the period agreed in the Order.
You are responsible for keeping your login credentials out of the wrong hands, and for ensuring that the use of the Service and the data in the Service complies with applicable laws and regulatory decisions at all times.
You may not, yourselves or through anyone else, carry out load tests, penetration tests, vulnerability scans or other security tests of the Service without our prior written consent.
Actions taken by an Administrator in the Service are binding on you, as are additions of licences under the Order made by an Administrator. This includes, among other things, settings and the enabling and disabling of features, AI Features and Integrations, which constitute documented instructions under Appendix 1 – Data Processing Agreement. You are responsible for which Users you give administrator rights to and for revoking those rights when they are no longer needed.
The number of licences agreed in the Order is the maximum number of Users who can log in to and use the Service at the same time.
Our support is open on Working Days from 08:00 to 18:00 Swedish time. In June, July and August, support is open on Working Days from 09:00 to 17:00 Swedish time. Support can be reached on +46 31 313 22 00 or at support@callmaker.se.
At other times, an on-call operations service is available where possible to address technical problems in the Service that have a major impact on its functioning. The on-call service can be reached on the same telephone number.
Only Users who have completed our introductory training in using the system are entitled to contact support. However, any User may report an outage or disruption.
Support covers the technical functioning and use of the Service and does not constitute legal advice. Information from support about, for example, the Swedish Marketing Practices Act, data protection rules or other legislation is general information, and you are responsible for assessing whether your use of the Service, your campaigns and your processing of personal data are permitted.
The Service may contain Assistant Features that answer Users’ questions about how to use it. These do not constitute support under this section and are not covered by the support hours above. Their answers are governed by Appendix 4 – AI Features.
In the event of faults that mean the Service cannot be used at all, or where an essential component does not work for normal use, and whose cause lies in the Service itself, liquidated damages for downtime shall be payable as set out below.
The liquidated damages are calculated as a percentage of the part of the Fixed Fees attributable to the calendar month in question. Downtime is calculated per calendar month, and only the highest applicable percentage is payable for each calendar month. Only downtime that falls within Availability Hours counts.
Any liquidated damages are deducted from the next invoice for Fixed Fees. If no such invoice will be issued, for example because the Agreement has terminated, we pay out the liquidated damages within thirty (30) days after setting them off against any overdue amounts you owe us.
For liquidated damages to be payable, you must have contacted our support or on-call service under the section “Support” immediately upon discovering the outage or disruption, and you must make a written claim for liquidated damages no later than one week after the outage or disruption ended. If the downtime in a calendar month results from several outages or disruptions, the time limit for the claim runs from the end of the last of them, provided that you contacted our support or on-call service for each of them in accordance with the preceding sentence.
The Service is continuously developed. We decide how and when the Service is to be developed. We are entitled to change the Service during the contract term. If a change in the Service requires changes to your hardware or software, such changes shall be at your expense.
We may make new features available for evaluation before they become part of the Service, for example as a beta or preview version (“Beta Features”). We indicate in the Service or on callmaker.se which features are Beta Features. Use of Beta Features is voluntary, and your Administrator can switch them off for your Users at any time.
Beta Features are provided as is during the evaluation. They may contain errors and may be changed, restricted or discontinued without prior notice. The availability commitments in the section “The Service” and the sections “Support” and “Liquidated damages for downtime” do not apply to Beta Features, and a fault in a Beta Feature does not count as a fault in an essential component. A change to or discontinuation of a Beta Feature does not constitute a breach of contract and does not entitle you to a reduction of Fixed Fees.
We are not liable for damage resulting from the use of a Beta Feature, except for damage caused intentionally or through gross negligence and liability that cannot be limited under mandatory law. You are responsible for reviewing the output of a Beta Feature before it is used in your business.
Beta Features are provided without an additional fee unless otherwise stated when the feature is made available. When a feature subsequently becomes part of the Service, we may charge a fee for it only in accordance with the Order or after you have ordered it.
The processing of personal data in Beta Features is governed by Appendix 1 – Data Processing Agreement. Beta Features that constitute AI Features are also covered by Appendix 4 – AI Features. Non-public information about Beta Features is our Confidential Information under the section “Confidentiality”.
The Service can be connected to systems and services provided by parties other than us, such as CRM systems, calendars, lead suppliers, e-signing and SMS services or your own systems, via API, webhooks, Zapier or other connections (“Integrations”). You choose which Integrations are enabled and are responsible for them, including the third-party service’s terms, availability, security and handling of Customer Data. Enabling an Integration constitutes a documented instruction under Appendix 1 – Data Processing Agreement, and Customer Data transferred through an Integration leaves the Service on your instruction. We are not a processor for the recipient’s processing, and Appendix 3 – Cybersecurity Incidents does not apply to Customer Data after the transfer.
The software we provide for an Integration, such as our API and our standard connectors, forms part of the Service. The third-party service does not. We are not liable for faults, interruptions or loss of data caused by a third-party service, by changes to its interface or terms or by your configuration of an Integration, and such disruption does not count as downtime under the section “Liquidated damages for downtime”. We may restrict or temporarily disable an Integration that places an abnormal load on the Service or that we reasonably consider to pose a security risk; we will notify you where practicable.
Each Caller ID may be used for no more than five hundred (500) call attempts per hour, unless a different cap is stated in the Order (the “Dialling Cap”). A call attempt is every outgoing call initiated by the Service with the Caller ID as the calling number, whether or not the call is connected or answered. You are responsible for distributing campaigns and Caller IDs so that the Dialling Cap is not exceeded.
We may restrict, delay or stop call attempts that would exceed the Dialling Cap. We may lower the Dialling Cap if a telecom operator, the Swedish Post and Telecom Authority or another authority requires it, and will notify you in advance where practicable. A restriction under this section does not constitute downtime under the section “Liquidated damages for downtime” or a fault in the Service.
You shall ensure that every Caller ID is linked to a recorded message that plays when someone calls the number back and that clearly states your legal name and company registration number as well as working ways of contacting you. You warrant that numbers you specify for whitelisting with us are held by you.
The commitment for an Assigned Number runs until the end of the calendar month in which it was ordered, unless a longer commitment is stated in the Order. Thereafter you may terminate the number in writing with effect from the end of a calendar month. The fee for an Assigned Number is charged for each commenced calendar month and is not affected by the number not being used or by the Agreement terminating during the commitment. Set-up fees are not refunded.
We may replace an Assigned Number where required for technical or legal reasons, for example as a result of requirements or decisions of a telecom operator, the Swedish Post and Telecom Authority or another authority, changes to the numbering plan, or our subcontractor no longer being able to provide the number. We will notify you in advance where practicable and provide a replacement number without a set-up fee. A replacement does not constitute a breach of contract and does not entitle you to a reduction of fees or other compensation. You are responsible for linking the new number to a recorded message in accordance with this section and for updating material and systems in which the number is used.
You are responsible for the overall functioning and dimensioning of the technical chain that enables access to and use of the Service via the public internet. This includes, without limitation, responsibility for client hardware, client software, networks, internet connection, headsets or anything else required to use the Service.
You undertake to comply with good marketing practice in the markets at which your marketing is directed.
You shall indemnify us against claims by third parties, including authorities, that are made against us and arise from your or your Users’ use of the Service in breach of the Agreement, applicable law or regulatory decisions. This includes, among other things, claims relating to:
The indemnity covers damages, administrative fines, penalties, settlement amounts and reasonable costs of legal assistance and investigation.
We shall notify you of any such claim without undue delay and give you the opportunity, at your own expense, to respond to the claim and negotiate a settlement. We shall provide reasonable assistance at your expense. You may not enter into a settlement that involves an admission of liability on our part or obligations for us beyond payment that you cover, without our written approval.
The limitation of liability in the section “Liability and limitation of liability” does not apply to your undertaking under this section.
To be entitled to use the Service, you shall pay the prices set out in the Order. All prices are exclusive of VAT and other taxes.
Fees are invoiced and paid in the Agreement Currency. If the Agreement Currency is other than Swedish kronor, amounts stated only in Swedish kronor in this Service Agreement, its appendices and the Service Price List, including price base amounts, and costs in another currency that we are entitled to have reimbursed under the Agreement are converted into the Agreement Currency at the exchange rate published by Sveriges Riksbank for the invoice date or, when a limitation of liability is applied, for the day on which the event giving rise to the damage occurred. If no rate has been published for that day, the most recently published rate before that day applies.
Fixed Fees are invoiced monthly in advance. If the Fixed Fees are less than SEK 5,000 per month, we are entitled to invoice them quarterly in advance. Usage-based fees, for example telephony at current rates, and additional services are invoiced monthly in arrears.
The price per licence under the Order is fixed for 12 months from signing. Thereafter we are entitled to adjust the price per licence by no more than 6% per year. The same applies to other prices under the Order, including prices for telephony, SMS, Assigned Numbers and consultancy work.
Additional services not priced in the Order are charged according to the Service Price List as in force when the additional service is ordered or requested. The limitation on price adjustments in the preceding paragraph does not apply to the Service Price List.
After a written reminder, we are entitled to suspend access to the Service until the Payment Condition is met. The suspension may cover all of the Service’s functions, including login, dialling, SMS, API and export of Customer Data. Fixed Fees continue to be charged during the suspension.
We are entitled to withhold the Service’s export functions, export on request, assistance with Switching and retrieval of Customer Data under Appendix 2 for as long as the Payment Condition is not met, regardless of whether access to the Service is otherwise suspended. Deletion of personal data under Appendix 1, section 9, and assistance under Appendix 2, section 6.5, are not affected.
We decide when and to what extent suspension and withholding take place. Our not exercising these rights immediately does not mean that we have waived them, and they may be exercised at any time for as long as the Payment Condition is not met. Suspension does not mean that the Agreement terminates.
Once the Payment Condition is met again, we will restore access to the Service within two (2) Working Days.
We always reserve all rights to and claims on the software made available to you. No ownership of the software or any associated patents, copyrights, trademarks or other intellectual property rights is acquired through the Agreement.
You are not entitled to copy the Service’s code, decompile it or otherwise attempt to gain access to our intellectual property. Nor may you sublicense or distribute the Service without our express consent.
If a third party claims that the Service, in the form in which we provide it, infringes its intellectual property rights, we shall, at our own expense and at our own option, (i) obtain the right for you to continue using the Service, (ii) modify or replace the affected part so that it no longer infringes without materially impairing the Service’s functionality, or (iii) if neither can be done on reasonable terms, terminate the Agreement or the affected part of the Service with thirty (30) days’ notice. On such termination, we will refund prepaid Fixed Fees relating to what has been terminated for the period after termination, and no compensation for the Remaining Contract Period under the section “Early termination” is payable for what has been terminated.
Our undertaking does not apply to infringement caused by Customer Data, Integrations, Beta Features, instructions from you or your Users, changes or combinations with anything not made by us, or use in breach of the Agreement or our instructions. You shall notify us in writing without delay of any claim of infringement, allow us alone to respond to the claim and negotiate any settlement, not admit liability without our written approval, and provide reasonable assistance at our expense. This section exhaustively governs our liability for infringement of third-party intellectual property rights.
We may produce and use statistics and other data derived from the operation of the Service and your use of it, such as call volumes, answer rates, system performance and feature usage, provided that it has been aggregated or anonymised so that it cannot be attributed to you, your Users or the people you contact through the Service (“Aggregated Data”). Aggregated Data belongs to us and may be used to operate, protect, develop and market the Service, for benchmarks and industry statistics, and after the termination of the Agreement. We shall not attempt to re-identify you, your Users or individuals in Aggregated Data. Aggregated Data does not constitute Customer Data or Exportable Data under Appendix 2 – Data Portability. Anonymisation of personal data takes place in accordance with Appendix 1 – Data Processing Agreement, and the use of transcripts, Output and support material for AI Features is exhaustively governed by Appendix 4 – AI Features.
If you or your Users provide suggestions, requests or other feedback on the Service (“Feedback”), we may use it freely to develop the Service, without compensation and without any obligation to credit the source. You retain any rights to the Feedback but grant us a perpetual, irrevocable and royalty-free right to use it. Feedback is not Confidential Information unless it contains Customer Data.
“Confidential Information” means all information of a technical, commercial, financial or other nature that a party receives from the other party in connection with the Agreement, regardless of form and regardless of whether the information has been marked as confidential, if it is reasonably apparent from the nature of the information or the circumstances that it is intended to be kept secret. Customer Data, your lists and campaign results, and the content of the Order are always Confidential Information. The same applies to our software, source code, dialer logic, security information and non-public information about the development of the Service.
However, Confidential Information does not include information that
Each party shall keep the other party’s Confidential Information secret and may use it only to exercise its rights and fulfil its obligations under the Agreement. The information shall be protected with at least the same care as the party uses to protect its own confidential information, and always with reasonable care.
Confidential Information may be disclosed to a party’s employees, consultants, subcontractors, group companies and advisers who need the information to perform the Agreement and who are bound by confidentiality at least equivalent to this section. The party is responsible for such recipients as for itself.
In addition, we may disclose information about your identity, your numbers, Caller IDs and SMS sender IDs and your use of the Service
If a party is required by law, by a court or regulatory decision or by stock exchange rules to disclose Confidential Information, the party shall, where permitted, notify the other party in advance, limit the disclosure to what is required and request that the information be treated confidentially.
We may name you as a reference customer, with your name and logo, on our website and in marketing material, in accordance with any brand guidelines you have provided to us. You may withdraw this at any time by written notice to us.
The processing of personal data in Customer Data is governed by Appendix 1 – Data Processing Agreement, which takes precedence over this section in that respect. The handover and deletion of Customer Data when the Agreement terminates are governed by Appendix 2 – Data Portability.
The confidentiality undertaking applies during the contract term and for three (3) years thereafter. For Customer Data, and for information that constitutes a trade secret under the Swedish Trade Secrets Act (2018:558), the undertaking applies for as long as the information remains confidential. On request, when the Agreement terminates, a party shall return or delete the other party’s Confidential Information, except for what the party is required to retain by law and for backups that are deleted in accordance with routine procedures.
We are your processor for the personal data processed in the Service on your behalf. That processing is governed by Appendix 1 – Data Processing Agreement, under which you are the controller or, if you yourselves process the personal data as a processor for someone else, the processor, and we are your sub-processor.
We are the controller for processing we carry out for our own purposes, including of contact details for your representatives, contact persons and Administrators, of recordings and transcripts of calls to our support and of support cases and emails to our support under Appendix 4 – AI Features, section 5.5, of data required for invoicing and accounting, and of logs and other data we process to protect the Service, prevent misuse and fulfil our legal obligations, including disclosure under the section “Confidentiality”. That processing is described in our privacy policy at www.callmaker.se/en/privacy-policy/. You shall inform your Users and contact persons that we process their personal data in accordance with the privacy policy.
Unless otherwise agreed, audio files are deleted after 90 days and order audio files after 390 days.
Each party is liable for damage it causes the other party through breach of the Agreement, subject to the limitations set out below.
Our liability under the Agreement is limited to direct damage. We are not liable for indirect or consequential damage, such as loss of profit, loss of revenue, loss of business opportunities, loss of production, loss of data, costs of a replacement service or third-party claims, regardless of whether the damage was foreseeable.
Our aggregate liability for all damage resulting from events giving rise to damage that occur during a twelve-month period, counted from the first event giving rise to damage, is limited to the lower of the Fixed Fees you have paid for the Service during the six (6) months immediately preceding the event giving rise to the damage and two (2) price base amounts under Chapter 2, Section 7 of the Swedish Social Insurance Code for the year in which the event giving rise to the damage occurred. A new twelve-month period begins with the first event giving rise to damage that occurs after the end of a period. If several events giving rise to damage have occurred during the same twelve-month period, the amount is calculated for each of them, and the lowest amount constitutes the cap for the period. Compensation paid or agreed before the cap was reduced by a later event giving rise to damage is not affected by the lower cap, but is counted against it. The cap is shared across the Agreement as a whole, including Appendix 1, Appendix 3 and Appendix 4, and amounts payable under one document are counted against the cap for the others.
Liquidated damages for downtime under the section “Liquidated damages for downtime” are your sole compensation for lack of availability of the Service and are counted against the limitation of liability above.
The limitations in this section do not apply to damage caused intentionally or through gross negligence, nor to liability that cannot be limited under mandatory law. Liability for the processing of personal data is governed by Appendix 1. Liability for damage resulting from Cybersecurity Incidents, as defined in Appendix 3 – Cybersecurity Incidents, is exhaustively governed by that appendix. Liability for Beta Features, Integrations and third-party services and for infringement of third-party intellectual property rights is governed by the sections “Beta Features”, “Integrations and third-party services” and “Infringement of third-party rights”.
Claims for compensation shall be made in writing to the other party without undue delay, and no later than three (3) months after the damage was discovered or should have been discovered. Claims made later are forfeited.
A party is released from its obligation to perform the Agreement, and from liability for failure to perform, if performance is prevented or substantially impeded by a circumstance beyond the party’s control which the party could not reasonably have foreseen when the Agreement was entered into and whose consequences the party could not reasonably have avoided or overcome. The same applies if a subcontractor of a party, such as a telecom operator or hosting provider, is prevented by such a circumstance.
Exempting circumstances include, for example, war, acts of terrorism, riots, natural disasters, fire, flooding, extreme weather, epidemics or pandemics, industrial action even where the party itself is the subject of or takes such action, blockades, extensive disruption to public electricity or telecommunications supply or to the public internet, extensive attacks on IT infrastructure, such as denial-of-service attacks, that could not reasonably have been prevented despite adequate security measures, and new or amended legislation, regulatory decisions or other governmental measures of general scope that prevent performance.
Release under this section does not apply to
A party wishing to invoke release shall notify the other party in writing without undue delay of the impediment and its expected duration, and shall take reasonable measures to limit its consequences. Notice shall also be given when the impediment ceases.
For as long as the impediment persists, the party’s obligations are postponed. Unavailability of the Service caused by an exempting circumstance does not count as downtime under the section “Liquidated damages for downtime”. Your payment obligation is not affected by your being prevented by an exempting circumstance, and Fixed Fees remain payable unchanged even if we are prevented.
If an exempting circumstance persists for more than ninety (90) consecutive days, either party is entitled to terminate the Agreement in writing with immediate effect. Such termination does not constitute a breach of contract. We will refund prepaid Fixed Fees for the period after termination, and no compensation for the Remaining Contract Period under the section “Early termination” is payable.
We are entitled to amend the Service Agreement and its appendices without your consent. Information about new or replaced Sub-processors is provided in accordance with Appendix 1, section 5, and an update of Appendix 1.2 does not constitute an amendment to the Agreement under this section. We make amendments under this section in the Swedish and the English version at the same time.
If a change is expected to be materially disadvantageous to you, we will inform you of the change in advance. The change will then take effect 30 days after you received the information, or on a later date if so notified. If the change is expected to be materially disadvantageous to you, you are entitled, no later than 14 days before the change takes effect, to terminate the Agreement in writing with effect from the date on which the change takes effect.
Such termination does not constitute a breach of contract. We will refund prepaid Fixed Fees for the period after termination, and no compensation for the Remaining Contract Period under the section “Early termination” is payable. Fees for the period up to termination, including usage-based fees, fall due for payment in accordance with the ordinary terms.
In addition to what is otherwise stated in the Agreement, either party is entitled to terminate the Agreement with immediate effect if the other party:
Without limitation, the following always constitute material breach on your part:
In the event of late payment as referred to in the list above, we may terminate the Agreement with immediate effect without allowing further time for remedy, provided that we have previously sent you a written reminder of the payment.
We are also entitled, instead of or before termination, to temporarily suspend your or individual Users’ access to the Service if we reasonably consider that continued use poses a risk to us, our other customers, telecom operators or third parties, or if a notified breach has not been remedied. Suspension does not release you from your payment obligations during the suspension.
When the Agreement terminates, on whatever grounds, your and your Users’ right to use the Service, including Assigned Numbers, ceases, except for the access that follows from Appendix 2 under the conditions set out there. Fixed Fees are not charged for the period after the Termination Date, except as stated below. Fees for the period up to the Termination Date, including usage-based fees, fall due for payment in accordance with the ordinary terms.
If we terminate the Agreement because of your breach of contract or insolvency, or if you withdraw from the Agreement or cease to use the Service without the Agreement having been terminated in accordance with the Order, you shall pay the Fixed Fees for the Remaining Contract Period. The amount is calculated on the basis of the Fixed Fees applicable on the Termination Date, without deduction for any costs we may save, and may be invoiced by us in a final invoice falling due immediately. Fixed Fees you have already paid for the period after the Termination Date are credited against the amount but are not refunded. The compensation is an agreed fee for the Remaining Contract Period and does not limit our right to compensation for other damage.
If you terminate the Agreement under the first paragraph, no compensation for the Remaining Contract Period is payable, and we refund prepaid Fixed Fees for the period after the Termination Date. The refund does not constitute damages and is not counted against the limitation of liability in the section “Liability and limitation of liability”.
You are deemed to have ceased using the Service only when you have notified us of this in writing.
Provided that the Payment Condition is met, you are entitled to export your data from the Service and to request Switching to another provider or to your own ICT infrastructure in accordance with Regulation (EU) 2023/2854 (the Data Act). Which data is exportable, which data is excluded, how export and switching are carried out, and our commitments during the Transition Period and the Retrieval Period are set out in Appendix 2 – Data Portability, whose definitions apply in this section.
On Switching, the Agreement continues to apply during the Transition Period and is deemed terminated when the Switch has been completed. After the Retrieval Period, we delete Exportable Data and Digital Assets in accordance with Appendix 2 – Data Portability and Appendix 1 – Data Processing Agreement. We do not charge any fee for export or Switching beyond what is stated in Appendix 2 – Data Portability; ordinary fees during the Transition Period and compensation for the Remaining Contract Period under the section “Early termination” are not affected.
You may not assign the Agreement, in whole or in part, without our written consent. If, following an approved assignment, the assignee fails to fulfil its obligations under the Agreement, you are liable for them as for your own debt.
We are entitled, without your consent, to assign the Agreement, in whole or in part, to a company within the same group as us or to anyone acquiring all or a substantial part of the business to which the Agreement relates, provided that the acquirer assumes our obligations under the Agreement, including Appendix 1, Appendix 2, Appendix 3 and Appendix 4. We are also entitled to assign or pledge our right to payment under the Agreement. We will notify you in writing of any assignment. Engaging subcontractors and Sub-processors is not an assignment and is governed by the rest of the Agreement and by Appendix 1, section 5.
Your notice of termination of the Agreement shall be given in writing by email to info@callmaker.se. All other communication takes place primarily by email or via our switchboard number +46 31 313 22 00.
We give notices under the Agreement through the Service, by email or by letter to the contact details you most recently provided. Notices given through the Service or by email are deemed to have reached you immediately. Notices sent by letter are deemed to have reached you three (3) Working Days after dispatch. If the language of the Agreement is English, we give notices of amendments under the section “Amendments to the Agreement” in English.
You shall keep the information you have provided to us up to date, accurate and complete. This includes your business name, company registration number, postal address, invoicing address and invoicing reference, email addresses for invoices and for contract matters, telephone number, and the name and contact details of an authorised contact person, of any contact person for data protection and security incidents, and of your Administrators. Changes shall be notified to us without delay and no later than ten (10) days after the change took effect, by email to info@callmaker.se or in another way that we specify.
Notices we give to the contact details you most recently provided are effective even if the details are no longer current or the notice does not reach you for that reason. This also applies to reminders, notices of suspension, notices of amendments to the Agreement under the section “Amendments to the Agreement”, and termination.
Our current contact details are available at callmaker.se.
Should any provision of the Agreement be or become invalid or unenforceable, this does not affect the validity of the Agreement’s other provisions. The provision shall instead be applied to the extent permitted, and the parties shall adjust it so that the purpose and economic balance of the Agreement are preserved as far as possible.
The following sections continue to apply after the Agreement has otherwise terminated, regardless of the grounds for termination:
However, the confidentiality undertaking under section 20 applies only for the period stated in that section.
Section 5, Use of the service, continues to apply after the Agreement has otherwise terminated, for as long as you or your Users have access to the Service under Appendix 2.
Section 13, The customer’s responsibilities, continues to apply after the Agreement has otherwise terminated with regard to use of the Service before the Termination Date and during such continued access as referred to in the preceding paragraph.
Section 22, Audio files, continues to apply after the Agreement has otherwise terminated, but only until the end of the Retrieval Period under Appendix 2. Audio files and order audio files remaining at the end of the Retrieval Period are deleted in accordance with Appendix 2, section 9, even if the retention periods stated in section 22 have not expired.
Section 28, Assignment, continues to apply after the Agreement has otherwise terminated with regard to the rights and obligations that apply under this section 31.
Section 10, Beta Features, and section 11, Integrations and third-party services, continue to apply after the Agreement has otherwise terminated with regard to use before the Termination Date.
Section 12, Telephony and numbers, continues to apply after the Agreement has otherwise terminated with regard to fees for Assigned Numbers during the commitment running on the Termination Date.
Termination of the Agreement does not affect rights or obligations that arose before the Termination Date, including the right to liquidated damages under section 8 and the obligation to pay fees relating to the period up to the Termination Date. Claims for liquidated damages shall be made within the time limit stated in section 8 and claims for damages within the time limit stated in section 23. The time limit in section 23 does not apply to payment claims.
Appendix 1, Appendix 2, Appendix 3 and Appendix 4 continue to apply after the termination of the Agreement to the extent stated in each appendix.
Disputes arising from the Agreement shall be finally settled by a Swedish court, with the Gothenburg District Court as the court of first instance.
Swedish law shall apply to all disputes concerning the Agreement.
A party’s failure to object that the other party has not fulfilled its obligations under the Agreement does not limit the first party’s right to object to this or any other failure to comply with the Agreement at a later date.
