General terms and conditions version 2018:1 updated 2018-11-13.
1.1 These general terms and conditions (the “Terms”) apply when IST Group AB (“IST”, “we” or “us”), reg. No 556254-0806, Ingelstadsvägen 9, 352 34 Växjö, Sweden, provides applications and web services in order to organize and facilitate everyday life for families regarding both private affairs as well as communication and administration in connection with the child´s schooling (the “Service/Services”).
1.2 The Services are provided via our website https://home.ist.com/ (the “Website”) and through mobile applications for iOS and Android that are available for download from different software stores such as App Store or Google Play (“Software Stores”). These Terms are applicable regardless of which software platform the Service is provided to you from and regardless of whether the Service is provided via a municipality, school, preschool or another organisation (“Organisation”) or directly to you as a private person, using the Service for private purposes (“Private User”). An Organisation and a Private User are hereinafter commonly referred to as (“User” and “you”).
1.3 The Service is provided free of charge for Users in its standard version. Organisations pay a fee for the Service as specifically agreed with IST.
1.4 Agreements regarding use of the Service may not be concluded by children under the age of 18 without guardian approval.
1.5 The Service can be used on a cellphone, tablet or other intended device (“Devices”).
1.6 In connection with the User agreeing to these Terms and any terms for additional services (the “Agreement”) the User receives a license according to section 3.1 to use the Service.
2.1 In order to access the Service, you must first agree to the Terms and any terms for additional services and confirm that you have received information about our processing of your personal data in connection with providing the Service. Once you have done this, an agreement has been reached between you and IST.
2.2 Before you can use the Service, you need to verify yourself by creating an account where you enter your e-mail address and a password chosen by you. It is the User´s responsibility to choose a secure password and to prevent unauthorized access to passwords and user accounts (as defined below). IST is not responsible for User´s password selection or User´s password storage. An alternative to creating an account for verification is to verify yourself with School ID. These two verification options are hereinafter referred to as (“User Account”). To use the Service, log in using your User Account.
2.3 Within the Service, the User may invite other persons to use the Service. If a User gives another person access to the User´s User Account, that person can use the Service with certain limitations. In these cases, IST has a contractual relationship with the User, and is not responsible for the User´s invitations to other persons as long as these persons are using the User´s User Account and have not created an account of their own.
2.4 The User may upload, publish, save and share images, texts, documents, comments, videos, photographs and other material (the “Material”) within the Service. The User is responsible for the Material.
2.5 The User is responsible for the acquisition, possession and maintenance of equipment required to use the Service at the User’s own expense. This includes that the User is responsible, from time to time, for updates of the Device used for the Service, with the software required to use the Service, as well as for having a proper internet connection.
2.6 The User is responsible for ensuring that the information provided in connection with the creation of the User Account is correct and up to date. The User is responsible for all actions taken under your User Account. In case of suspicion of unauthorized access to your User Account, please change your password and contact us.
3.1 IST provides the User through the Agreement with a limited, non-exclusive, and non-transferable, license to install and use the Service during the term of the Agreement on a compatible Device which the User owns or controls.
3.2 If the User fails to comply with the terms of the Agreement, the license under section 3.1 above may be revoked.
3.3 Your right to use the Service requires that you personally have an Agreement with IST, or that an Organisation through which you are provided the Service has concluded an Agreement with IST. If the Agreement between you and IST ceases to exist or the Agreement between the Organisation and IST has expired, the User´s right to use the Service will cease.
4.1 The User has the right to download and install the Service on the intended Device. Users that are Organisations also have the right to assign the Service to the number of users that IST and the Organisation have agreed upon shall have access to the Service. The User may have access to the Service as a Private User, but may also gain access to additional parts of the Service through an Organisation.
4.2 The User may, within the Service, choose to give another User access to Material. This is done by the User sharing Material to a group or sending Material directly to another User.
4.3 Material shared by the User in accordance with section 4.2 above may be deleted at any time. However, Material which has been shared and saved by other Users, as well as Material that the User has shared in a group to subsequently leave the group without previously deleting the shared and published Material, may not be revoked. The User is no longer in control of such Material as referred to in this Section 4.3, and therefore it may not be subject to erasure as specified in section 4.9 below.
4.4 The User is independently responsible for the Material and that the User has the right to store, share and manage the Material in the Service. Furthermore, the User is responsible for that Users added by the User to the group are entitled to access the Material the User shares.
4.5 The Service may not be used illegally and the User is required to comply with applicable laws, rules and guidelines for all use of the Service as well as in connection with the publishing of Material.
4.6 The User should pay particular attention to the fact that the Material cannot:
(i) be discriminatory, threatening, hateful, insulting, or consist of defamation, nor be perceived as or intolerable to anyone;
(ii) infringe on the rights of third parties;
(iii) violate applicable legislation; or
(iv) contain personal data which, according to applicable data protection legislation, constitutes sensitive personal data.
4.7 Users that have invited a minor to use the Service within the User´s own User Account are required to monitor the minors´ use of the Service.
4.8 The Material is stored in the Service as long as the User has an active User Account. The User is independently responsible for determining what Material the User wants to save, transfer to another User, or delete. Regarding such Material which the User chooses to transfer to another User or delete, such Material will no longer be available for the User to control.
4.9 Upon termination of the Agreement with the User, such Material as the User may control and which is stored within the Service, will be deleted no later than three months from the termination of the Agreement.
4.10 IST is entitled, but not obliged, to unilaterally edit, block or delete or otherwise handle Material that violates the Agreement.
4.11 If the User uses the Service in violation of the Agreement or otherwise misuses the Service, IST has the right to unilaterally block the User as well as the right to delete the Users User Account (except for School ID).
5.1 These Terms apply to the Service in its standard version. In the event that the User chooses to access any additional services that may be made available within the Service, special terms and conditions may apply in addition to these Terms. Such additional services may e.g. regard different premium services and purchases within the Service.
5.2 If these Terms are inconsistent with any additional terms and conditions relating to an additional service as referred to in section 5.1 above, the additional terms and conditions shall take precedence.
5.3 IST has entered into agreements with Software Stores that they shall enable the User to use the Service provided by IST through the Software Store. In connection with this, the User is obliged to comply with the specific terms and conditions set by the Software Store. The User commits through the acceptance of these Terms to comply with the specific terms and conditions set by the Software Store in accordance with the following:
(i) the User understands that the Terms apply only between the User and IST, and not between the User and the Software Store;
(ii) the User commits to, in addition to these Terms, comply with any third-party contractual terms;
(iii) the User agrees that IST, and not the Software Store, is solely responsible for the Service and its content, as well as maintenance and support services relating to the Service;
(iv) the User confirms that it is IST and not the Software Store which, in accordance with the Terms, is liable for any claims, losses, damages, injuries or costs resulting from non-compliance with any warranties; and
(v) the User approves that IST, and not the Software Store, is responsible for any third-party claims regarding intellectual property infringements attributable to the Service and your possession or use thereof.
6.1 IST strives to improve the Service, and therefore reserves the right to make updates and changes to the Service.
6.2 If the User has entered into an additional services agreement, IST is entitled to change the price for the upcoming subscription period by 30 days written notice. Changes regarding subscription prices are provided to the User through the Service and via the e-mail address provided by the User for IST in connection with the creation of the User Account. A change in price is accepted by the User in connection with the next login to the Service or upon continued use of the additional service. However, the User is always entitled to unsubscribe and withdraw from the Agreement with termination effective at the end of the subscription period that the User has paid for.
6.3 IST reserves the right to unilaterally and at any time change or add to these Terms and any terms and conditions relating to additional services. Such terms that are not to an obvious benefit for the User, shall be provided to the User by publication in the Service and via e-mail, no later than 30 days before the change enters into force. Such a change as referred to in this section 6.3 is approved by the User in connection with the next login to the Service or by continued use of the Service.
6.4 Changes to the Terms which are caused by law, regulation or an authority decision may however be notified by IST with a direct entry into force.
7.1 All intellectual property rights, such as technical solutions relating to the Service, belong to IST or third parties with which IST cooperates. Such content includes inter alia text, illustrations, graphics, logos, button icons, videos, images, databases, software and source code. For the avoidance of doubt, IST is not entitled to the User´s Material.
7.2 The User may only use the intellectual property rights within the Service. The User is therefore not entitled to change the Service in any way, copy, adapt, lease, loan, sell, sublicense or otherwise distribute or transfer the content of the Service.
8.1 The Service is usually available 24 hours a day, every day of the week. Although IST strives to provide the Service to the User without any technical malfunctions, IST cannot guarantee that the Service will always be fully available and function correctly. The Service may be completely or partially unavailable to the User from time to time. If IST intends to perform scheduled interruptions in the Service for updates, improvements, maintenance or similar actions, IST will, if possible, inform the User of the planned interruption or disturbance that this causes.
8.2 IST also reserves the right to block, in whole or in part, and without prior notice, the Service for such Users which IST suspects performs the following actions:
(i) without authorization uses another User´s user credentials;
(ii) uses the Service in violation of the Agreement or intends to use the Service in violation of applicable law; or
(iii) uses the Service in such a way which may cause damage to IST or a third party.
9.1 The Service is provided to the User in its existing state and the User is independently responsible for the use of the Service and the Device, software or other equipment required to enable use of the Service.
9.2 IST is not responsible for damage caused by the User using the Service in violation of the Agreement or because the User did not comply with the special terms and conditions set by the Software Store.
9.3 IST gives no guarantees regarding the Service and its contents or function. IST renounces all express, implied or statutory guarantees. IST is not responsible for Material provided to IST by the User within the Service or for any erasure of the User´s Material.
9.4 IST is responsible solely for direct damages to the User if IST has been grossly negligent or has acted intentionally, or if such liability follows from mandatory legislation.
9.5 Notwithstanding what is stated in section 9.4 above, IST is never responsible for reimbursing the User if the User’s damage has been outside the scope of IST´s control.
9.6 The User is obliged indemnify IST for any damages caused to IST as a result of how the User uses the Service.
The User acknowledges by accepting the Terms that the User has no right to withdrawal as the Service is delivered immediately to the User, and that the User is thus deemed to begin using the Service directly in connection with download.
11.1 IST is entitled, in whole or in part, to transfer its rights and obligations under the Agreement without the prior consent of the User
11.2 The User is not entitled, without the prior written consent from IST, to transfer all or parts of the User’s rights under the Agreement.
12.1 In connection with IST providing the Service, it is necessary for IST to collect and process certain personal data regarding Private Users, contacts and representatives for an Organisation.
12.2 IST is the data controller for the processing of personal data that you as a User submit to IST in connection with the registration of the User Account within the Service.
13.1 Agreements entered into between IST and the User in accordance with section 2.1 are valid for as long as the User is using the Service.
13.2 The User can terminate the Agreement at any time. Termination is carried out by following the instructions provided in the Service or by e-mail in accordance with below.
13.3 IST may terminate the Agreement at any time by 30 days’ notice period. Such termination shall be notified to the User via the Service or by e-mail.
13.4 IST is entitled to terminate the Agreement immediately and without written notice in the cases covered by section 8.2 or if the User uses the Service in violation of section 4. IST also has the right to terminate the Agreement according to this section 13.4 in the event that the User has not been active in the Service for a period of one year, provided that payment for the Service has not taken place for a longer period of time, or if the User has initiated a User Account registration which has not been completed within one month from its commencement.
14.1 If any provision of the Agreement is found to be invalid, this shall not mean that the Agreement in its entirety is invalid, but shall, to the extent that the invalidity substantially affects a party’s benefits or performance according to the Agreement, reasonable adjustments be made to the Agreement.
14.2 The failure of any party to make use of its rights pursuant to this Agreement shall not constitute a waiver of its rights in such respect.
15.1 This Agreement shall be governed by the substantive laws of Sweden.
15.2 Any dispute, controversy or claim arising out of or in connection with this Agreement shall be settled by general court. Disputes may also be settled by the Swedish National Board for Consumer Disputes; whose decision is a recommendation regarding how the dispute should be resolved.
IST Group AB
352 34 Växjö, Sweden