Terms of Service – Mason

These Terms of Service (the “Terms”/”Terms of Service”) govern the use of services from Mason Data AB corporate reg. no. 559325 – 6463 (“Mason/we/us”). By accepting these Terms, either in connection with registering an account on Mason´s website mason.app or by executing other documents referring to these Terms, you agree that these Terms, together with applicable schedules, form part of a legally binding agreement between You (as defined below) and Mason (the “Agreement”).

You and Mason are hereinafter referred to individually as "Party" and collectively as the "Parties".

Mason reserves the right to update these Terms from time to time. In case of any material changes to the Terms, Mason will inform You by email and the new version of the Terms will take effect one month after the date when the information email was sent out to You. If You do not wish to continue using the Service under such modified Terms You may terminate the Agreement by following the instructions in the Service. Your continued use of Mason the Services after the updated Terms have become effective will constitute acknowledgment and acceptance of the modified Terms.

The current Terms of Service are available on Mason's website at mason.app/legal/terms.

In case of any discrepancies between information and wording published on Mason´s website and these Terms, these Terms prevail.

Definitions

For the purposes of these Terms:

• “Account”; means the account from which the User can access and control Your use of the Service.

• "IP-rights": means copyrights, designs, patents, trademark rights, domain names, any other proprietary intellectual property rights, and know-how to the Services including the software, any updates, and the documentation.

• “Service(s)”: means Mason’s data analytics platform and/or any other services delivered to You from time to time by Mason from Mason’s website mason.app.

• "User": means any person who has been granted the right to access the Account and the Service by You, such as employees or consultants of You.

• “You” or “Your” means the organization you represent. When you enter into the Agreement on behalf of your organization(s) you represent and warrant that you have the necessary authority to legally bind such organization(s). The expressions include your personal representatives, employees and agents using the Service.

1. ORDERING & START USING THE SERVICES

1.1 To start using the Service, You may be required to provide us (to the extent You do not already have an account with us, and we do not already hold such information) with Your first name, last name, email address, organisation, password and a valid method of payment (where applicable) and then follow the procedure set out on mason.app to submit Your order. You should check all the information that you enter and correct any errors before submitting Your order, as once your order is submitted, we will begin processing it immediately. Your order constitutes an offer to us to buy a subscription of the Service. Our acceptance of that offer (and the formation of a contract between you and us according to these Terms) will take place when we send You a confirmation email to accept Your order of the Service (“Commencement Date”).

1.2 Your subscription of the Service starts on the day of our acceptance of Your order or the initiation of Your free trial period (where applicable). Once we have accepted Your order or confirmed Your free trial period, You can start using the Service straight away.

1.3 If we do not accept Your order, we will inform You of this by email and will not charge you for the subscription or we will refund you any amounts already paid by You for that subscription

2. YOUR LICENSE

2.1 By subscribing to use the Service, You are granted a time-limited, revocable, and non-exclusive license to use the Service and any other material provided to You as part of Mason performing the agreed Service.

2.2 By accepting the terms of the Agreement, You agree to only use the license for Your own internal business purposes and are subject to the restriction as set forth in the Agreement. We reserve the right at any time and in our sole discretion to verify a User’s eligibility and compliance with these Terms. The license is conditional on You paying all agreed fees.

2.3 You may not resell, transfer, sublicense, lease, or lend the Service or allow any third-party access to the Service in whole or in part. You may not decompile, modify, reverse engineer, or create derivative works of the Service and its software, unless (i) otherwise has been agreed by the Parties, (ii) follows from mandatory law, or (iii) is mandated by a competent court or authority.

2.4 You are responsible for all use through the Account including all Users associated with the Account, and You are responsible for ensuring compliance by Your Users with the Agreement as well as applicable law.

2.5 You may not use the Service: a) for any unlawful purposes, b) to violate any international or local rules, laws or regulations, c) in any way that causes or may cause damage to Mason whether directly or indirectly, or d) for load testing, hacking, modification or similar.

2.6 Without prejudice to its other rights and remedies, Mason is entitled to suspend and/or cancel Your use of the Service if it considers a User being in breach of the Agreement.

3. USE OF THE SERVICES

3.1 Mason has a right to provide You with reasonable instructions regarding the use of the Service, or individual parts thereof by posting information in the Service, Mason’s website, or by communicating with You directly. You are obligated to follow these instructions and shall indemnify Mason for any direct damages caused by You not following such instructions.

3.2 Some parts of the Service may be used to develop, manage, and support databases ("Databases"). You may only use the Services to develop, manage, and support Databases that you control or which you have been legally granted access to.

3.3 You acknowledge and agree that your use of the Services can affect your Databases, and you accept sole responsibility for any errors, malfunctions, or corruption of any Databases caused by your use of the Services. You are responsible for securing and backing up your Databases and Your Data (as hereinafter defined) you post to the Services; as such, we have no responsibility or liability for the deletion of or failure to store Your Data on the Services.

3.4 Mason provides AI-enabled features ("AI assistant") using technology provided by OpenAI, LLC ("OpenAI"). Your use of AI assistant must comply with all OpenAI policies, including the Content Policy, Sharing and Publication Policy, and Community Guidelines. You are also responsible for ensuring that your use of AI assistant does not violate any applicable laws or incur an unreasonable load on the service. Mason reserves the right to suspend or terminate your access to or use of AI assistant at any time.

3.5 Mason will not allow third parties to utilize your content or customer data to improve or train their AI models. Without your express permission, we will not use your content or customer data to improve or train our models.

3.6 If the input you provide to AI assistant includes Personal Data, you authorize Mason to process this data for the purpose of providing AI assistant functionality.

4. FEES & PAYMENT

Fees

4.1 You will pay the fees for accessing and using the Service as set forth in connection with your order of the Service or communicated through Your Account (“Fees”). Payments already made are not refundable.

4.2 Unless stated otherwise, all prices are in USD and exclusive of VAT.

4.3 Mason may modify its Fees or introduce new fees in its sole discretion. You always has the right to choose not to renew Your subscription if You does not agree with any new or revised Fees.

4.4 The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You is responsible for paying all Taxes associated with its purchases hereunder.

Payment

4.5 Mason, either directly or through its third-party payment processor (“Payment Processor”) will charge You for the Fees via credit card or other payment method described in the Service. Mason will have the right to charge Your credit card or other agreed payment method for any services provided to You by Mason under the Agreement, including recurring Fees. It is Your sole responsibility to provide Mason with current and up to date credit card or other applicable payment information; failure to provide such information may result in suspension of Your access to the Services. Mason will also have the right to set-off any Fees due from You to Mason. If You pay the Fees through a Payment Processor such payment processing will be subject to the terms, conditions, and privacy notices of such Payment Processor in addition to this Agreement. Mason is not responsible for any error by, or other acts or omissions of, the Payment Processor.

4.6 If authorized by You through the Service or through Your order of the Service, recurring charges (e.g., monthly or yearly billing) will be charged from Your payment instrument without further authorization from You until You terminate this Agreement or changes its payment method in Your Account.

Late or failed payment

4.7 If You fails to pay any Fees when due, Mason may suspend Your access to the Service pending payment of such overdue amounts. You also authorize Mason to re-try charging Your payment instrument up to four (4) times and thereafter invoice You if the attempt(s) to charge Your initial payment method has not been successful. If You believe that Mason has billed You incorrectly, You must contact Mason no later than forty-five (45) days after the closing date on the first billing statement in which the suspected error appeared.

4.8 In the event of late payments, Mason is entitled to charge interest equal to two (2) percent of the due amount per calendar month.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge and agree that any and all IP-rights or any other material which You may access or otherwise use from Mason under this Agreement shall remain with Mason. You may not use Mason´s IP-rights in any other way than as set forth in the Agreement. This shall not apply to the extent You have received written permission from Mason to do so or follows mandatory law.

5.2 Should a third-party claim ownership of the IP-rights or claim that the use of the Service in accordance with this Agreement constitutes infringement on third-party IP-rights, You shall promptly notify Mason in writing and provide Mason with all necessary information of the claim. Mason shall have a right to take over all legal proceedings related to the IP-rights, including settlement negotiations and court proceedings, at Mason's own cost. You shall reasonably assist Mason in any such proceedings. For the avoidance of doubt, You may not, in any case, and under no circumstances, make any admission as to liability nor enter into any settlement agreements or other similar without the beforehand written permission of Mason.

5.3 Should the use of the Service, or any part thereof, constitute an infringement on any third-party intellectual property rights, Mason shall use all commercially reasonable efforts to replace that part of the Service (including any part of the Product or its software) with a replacement solution, providing that the solution offers materially the same qualities. Should it not be possible to offer a replacement solution for the Service, Mason shall offer an alternate license. You shall have a right to terminate the Agreement according to section 8.3 below if the offered replacement solution or alternate license cannot reasonably be accepted.

5.4 The rights as set forth in this Section 5 shall be the sole remedies available to You in the event of third-party infringement claims.

6. YOUR DATA

6.1 By using the Service, You grant us a worldwide, non-exclusive, royalty-free license to use and display Your Data (as defined below) in such manner as is necessary to provide the Services to You. “Your Data” means all data that You or any of Your Users have connected to or otherwise made available to access via the Services. 

6.2. You hold all rights, including intellectual property rights, to Your Data.

6.3 You shall indemnify and hold Mason harmless from any claim directed against Mason related to Your Data such as that Your Data is infringing third-party intellectual property rights or is otherwise in breach of applicable law.

6.4 We may collect and analyze other information than Your Data relating to the provision, use, and performance of various aspects of the Services to improve and enhance the Services.

7. PERSONAL DATA

7.1. To the extent Your use of the Service means that Mason will process personal data on behalf of You, Mason undertakes to only process such personal data in accordance with the Data Processing Agreement (mason.app/legal/dpa).

8. TERM AND TERMINATION

8.1 The Agreement comes into force on the Commencement Date according to section 1.1 above and shall remain valid for the period set forth in connection with your order of the Services (the “Subscription Period”). Should neither of the Parties terminate the Agreement according to section 8.2 or 8.3, the Agreement and the Subscription Period shall be automatically renewed for a period equal to the term of the current Subscription Period. Such renewed subscription period shall, for the sake of these Terms, be considered a Subscription Period.

8.2 The Parties may terminate the Agreement by notifying the other Party in writing with at least thirty (30) days’ notice prior to the expiration of the current Subscription Period. Should the Agreement be terminated, You shall have access to the Service until the end of the current Subscription Period. Where You are using the Services on a trial basis, a notice of termination from either Party under this clause 8.2 shall take immediate effect.

8.3 Either Party may terminate this Agreement with immediate effect by giving notice thereof if:

(i) the other Party has committed a material breach, or persistent breaches that together are considered material, of the Agreement and has not rectified such breach(es) within fifteen (15) days after the other Party's notification of such material or persistent breach(es); or

(ii) the other Party is declared bankrupt, enters into composition proceedings or liquidation or otherwise can be assumed to have become insolvent.

8.4 Upon termination of the Agreement, You may retrieve, stop sharing and/or delete (as applicable) Your Data currently in Mason’s possession through the Service in such generally accepted format as provided by Mason from time to time.

9. LIMITATION OF LIABILITY

9.1 Subject to what is set out in the Agreement, You acknowledge that the Services are standard products and are delivered "as is" and except as expressly stated in the Agreement, Mason leaves no warranties or representations, whether expressed or implied to You with regard to the Service and expressly disclaims any liability, including but not limited to, functionality, fitness for purpose, loss of data, or freedom from errors and bugs.

9.2 Mason does not warrant that the Service will function together with third-party products. Mason disclaims all liability and indemnification obligations for any harm, damages, or other liability caused by any third-party product used in connection with the Software.

9.3 To the fullest extent permitted by law, in no event will Mason be liable to you for any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, trading losses, business interruption losses, or lost time or goodwill, whether in contract, tort, strict liability or otherwise arising out of or relating to Your access to or use of, or Your inability to access or use, the Services or any materials or content on or available through the Service.

9.4 To the fullest extent permitted by law, Mason’s aggregated liability under the Agreement will not exceed the amount paid by You to us hereunder during the twelve (12) month period immediately preceding the event(s) giving rise to such liability.

9.5 Neither Party is liable for damages unless the other Party notifies the liable Party about it in writing no later than ninety (90) days after the actual damage or loss was noticed or should have been noticed, however no later than six (6) months from when the damage occurred.

10. THIRD-PARTY SERVICES

The Service may work together with third-party services or applications that are not owned or controlled by Mason (“Third-Party Services”) or You. You acknowledge and agree that any use by You of such Third-Party Services are governed by separate terms from the supplier of each respective Third-Party Service i.e. this Agreement does not apply to Your use of such Third-Party Services. Mason expressly disclaims all representations and warranties relating to any Third-Party Applications. You will look solely to the providers of the Third-Party Applications for any warranty related issues or other claims. Your use of Third-Party Applications is at Your own risk. Mason will have no liability or other obligation of any kind arising out of or related to any third-party applications, including arising from Customer’s use or inability to use Third-Party Applications.

11. CONFIDENTIALITY

11.1 The Parties shall not disclose any details of the Agreement or any information regarding the other Party or its business activities which may be deemed as business or professional secrets (“Confidential Information”). For clarification, any information which a Party, reasonably, states to be Confidential Information shall be deemed as such.

11.2 Confidential Information shall not include any information that; (i) is or becomes generally known to the public without breach of any obligation owed to the other Party; (ii) was publicly known prior to its disclosure without breach of any confidential obligation; (iii) was independently developed by the other Party without breach of any confidentiality obligation; or (iv) is received from a third party without breach of any confidentiality obligation.

11.3 No Party shall disclose any Confidential Information for any purpose outside the scope of this Agreement, except with the other Party's prior written consent. Receiving Party shall protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). The Parties shall promptly notify the other Party if it becomes aware of any actual or reasonably suspected breach of Confidential Information.

11. 4 If a Party is compelled by law or stock market regulations to disclose Confidential Information, it shall provide the other Party with prior notice of such disclosure (to the extent reasonable and legally permitted) and reasonable assistance, at the other Party's cost, if the other party wishes to contest the disclosure.

11.5 Upon any termination of this Agreement, the Parties shall continue to maintain the confidentiality of the Confidential Information for as long as it remains confidential and, upon request, return to the Disclosing Party or destroy all materials containing such Confidential Information.

12. FORCE MAJEURE

Except for payment obligations, neither Party shall be liable for failure or delay in performance of its responsibilities hereunder when such failure or delay is caused by an event caused by a condition that was beyond the Party’s reasonable control. This clause is subject to the that the other Party is immediately notified of the relieving circumstance.

13. ASSIGNMENT

Neither Party may assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of the other Party, except where otherwise expressly stated herein, such approval shall not be unreasonably withheld. Mason shall, however, be entitled to assign the Agreement and Mason's rights and obligations thereunder to an entity within the same corporate group as Mason (where applicable) or to a third party in connection with a transfer of Mason’s business or a part thereof.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 This Agreement is governed by Swedish law.

14.2 Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce.

14.3 The Rules for Expedited Arbitrations shall apply, unless the Stockholm Chamber of Commerce in its discretion determines, taking into account the complexity of the case, the amount in dispute, and other circumstances, that the Arbitration Rules shall apply. In the latter case, the Stockholm Chamber of Commerce shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

14.4 The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.

14.5 All information about the arbitration proceedings and the award thereof shall be considered confidential information about this Agreement and be kept in strict confidence of the Party for an indefinite time.


Terms of Service – Mason

These Terms of Service (the “Terms”/”Terms of Service”) govern the use of services from Mason Data AB corporate reg. no. 559325 – 6463 (“Mason/we/us”). By accepting these Terms, either in connection with registering an account on Mason´s website mason.app or by executing other documents referring to these Terms, you agree that these Terms, together with applicable schedules, form part of a legally binding agreement between You (as defined below) and Mason (the “Agreement”).

You and Mason are hereinafter referred to individually as "Party" and collectively as the "Parties".

Mason reserves the right to update these Terms from time to time. In case of any material changes to the Terms, Mason will inform You by email and the new version of the Terms will take effect one month after the date when the information email was sent out to You. If You do not wish to continue using the Service under such modified Terms You may terminate the Agreement by following the instructions in the Service. Your continued use of Mason the Services after the updated Terms have become effective will constitute acknowledgment and acceptance of the modified Terms.

The current Terms of Service are available on Mason's website at mason.app/legal/terms.

In case of any discrepancies between information and wording published on Mason´s website and these Terms, these Terms prevail.

Definitions

For the purposes of these Terms:

• “Account”; means the account from which the User can access and control Your use of the Service.

• "IP-rights": means copyrights, designs, patents, trademark rights, domain names, any other proprietary intellectual property rights, and know-how to the Services including the software, any updates, and the documentation.

• “Service(s)”: means Mason’s data analytics platform and/or any other services delivered to You from time to time by Mason from Mason’s website mason.app.

• "User": means any person who has been granted the right to access the Account and the Service by You, such as employees or consultants of You.

• “You” or “Your” means the organization you represent. When you enter into the Agreement on behalf of your organization(s) you represent and warrant that you have the necessary authority to legally bind such organization(s). The expressions include your personal representatives, employees and agents using the Service.

1. ORDERING & START USING THE SERVICES

1.1 To start using the Service, You may be required to provide us (to the extent You do not already have an account with us, and we do not already hold such information) with Your first name, last name, email address, organisation, password and a valid method of payment (where applicable) and then follow the procedure set out on mason.app to submit Your order. You should check all the information that you enter and correct any errors before submitting Your order, as once your order is submitted, we will begin processing it immediately. Your order constitutes an offer to us to buy a subscription of the Service. Our acceptance of that offer (and the formation of a contract between you and us according to these Terms) will take place when we send You a confirmation email to accept Your order of the Service (“Commencement Date”).

1.2 Your subscription of the Service starts on the day of our acceptance of Your order or the initiation of Your free trial period (where applicable). Once we have accepted Your order or confirmed Your free trial period, You can start using the Service straight away.

1.3 If we do not accept Your order, we will inform You of this by email and will not charge you for the subscription or we will refund you any amounts already paid by You for that subscription

2. YOUR LICENSE

2.1 By subscribing to use the Service, You are granted a time-limited, revocable, and non-exclusive license to use the Service and any other material provided to You as part of Mason performing the agreed Service.

2.2 By accepting the terms of the Agreement, You agree to only use the license for Your own internal business purposes and are subject to the restriction as set forth in the Agreement. We reserve the right at any time and in our sole discretion to verify a User’s eligibility and compliance with these Terms. The license is conditional on You paying all agreed fees.

2.3 You may not resell, transfer, sublicense, lease, or lend the Service or allow any third-party access to the Service in whole or in part. You may not decompile, modify, reverse engineer, or create derivative works of the Service and its software, unless (i) otherwise has been agreed by the Parties, (ii) follows from mandatory law, or (iii) is mandated by a competent court or authority.

2.4 You are responsible for all use through the Account including all Users associated with the Account, and You are responsible for ensuring compliance by Your Users with the Agreement as well as applicable law.

2.5 You may not use the Service: a) for any unlawful purposes, b) to violate any international or local rules, laws or regulations, c) in any way that causes or may cause damage to Mason whether directly or indirectly, or d) for load testing, hacking, modification or similar.

2.6 Without prejudice to its other rights and remedies, Mason is entitled to suspend and/or cancel Your use of the Service if it considers a User being in breach of the Agreement.

3. USE OF THE SERVICES

3.1 Mason has a right to provide You with reasonable instructions regarding the use of the Service, or individual parts thereof by posting information in the Service, Mason’s website, or by communicating with You directly. You are obligated to follow these instructions and shall indemnify Mason for any direct damages caused by You not following such instructions.

3.2 Some parts of the Service may be used to develop, manage, and support databases ("Databases"). You may only use the Services to develop, manage, and support Databases that you control or which you have been legally granted access to.

3.3 You acknowledge and agree that your use of the Services can affect your Databases, and you accept sole responsibility for any errors, malfunctions, or corruption of any Databases caused by your use of the Services. You are responsible for securing and backing up your Databases and Your Data (as hereinafter defined) you post to the Services; as such, we have no responsibility or liability for the deletion of or failure to store Your Data on the Services.

3.4 Mason provides AI-enabled features ("AI assistant") using technology provided by OpenAI, LLC ("OpenAI"). Your use of AI assistant must comply with all OpenAI policies, including the Content Policy, Sharing and Publication Policy, and Community Guidelines. You are also responsible for ensuring that your use of AI assistant does not violate any applicable laws or incur an unreasonable load on the service. Mason reserves the right to suspend or terminate your access to or use of AI assistant at any time.

3.5 Mason will not allow third parties to utilize your content or customer data to improve or train their AI models. Without your express permission, we will not use your content or customer data to improve or train our models.

3.6 If the input you provide to AI assistant includes Personal Data, you authorize Mason to process this data for the purpose of providing AI assistant functionality.

4. FEES & PAYMENT

Fees

4.1 You will pay the fees for accessing and using the Service as set forth in connection with your order of the Service or communicated through Your Account (“Fees”). Payments already made are not refundable.

4.2 Unless stated otherwise, all prices are in USD and exclusive of VAT.

4.3 Mason may modify its Fees or introduce new fees in its sole discretion. You always has the right to choose not to renew Your subscription if You does not agree with any new or revised Fees.

4.4 The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You is responsible for paying all Taxes associated with its purchases hereunder.

Payment

4.5 Mason, either directly or through its third-party payment processor (“Payment Processor”) will charge You for the Fees via credit card or other payment method described in the Service. Mason will have the right to charge Your credit card or other agreed payment method for any services provided to You by Mason under the Agreement, including recurring Fees. It is Your sole responsibility to provide Mason with current and up to date credit card or other applicable payment information; failure to provide such information may result in suspension of Your access to the Services. Mason will also have the right to set-off any Fees due from You to Mason. If You pay the Fees through a Payment Processor such payment processing will be subject to the terms, conditions, and privacy notices of such Payment Processor in addition to this Agreement. Mason is not responsible for any error by, or other acts or omissions of, the Payment Processor.

4.6 If authorized by You through the Service or through Your order of the Service, recurring charges (e.g., monthly or yearly billing) will be charged from Your payment instrument without further authorization from You until You terminate this Agreement or changes its payment method in Your Account.

Late or failed payment

4.7 If You fails to pay any Fees when due, Mason may suspend Your access to the Service pending payment of such overdue amounts. You also authorize Mason to re-try charging Your payment instrument up to four (4) times and thereafter invoice You if the attempt(s) to charge Your initial payment method has not been successful. If You believe that Mason has billed You incorrectly, You must contact Mason no later than forty-five (45) days after the closing date on the first billing statement in which the suspected error appeared.

4.8 In the event of late payments, Mason is entitled to charge interest equal to two (2) percent of the due amount per calendar month.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge and agree that any and all IP-rights or any other material which You may access or otherwise use from Mason under this Agreement shall remain with Mason. You may not use Mason´s IP-rights in any other way than as set forth in the Agreement. This shall not apply to the extent You have received written permission from Mason to do so or follows mandatory law.

5.2 Should a third-party claim ownership of the IP-rights or claim that the use of the Service in accordance with this Agreement constitutes infringement on third-party IP-rights, You shall promptly notify Mason in writing and provide Mason with all necessary information of the claim. Mason shall have a right to take over all legal proceedings related to the IP-rights, including settlement negotiations and court proceedings, at Mason's own cost. You shall reasonably assist Mason in any such proceedings. For the avoidance of doubt, You may not, in any case, and under no circumstances, make any admission as to liability nor enter into any settlement agreements or other similar without the beforehand written permission of Mason.

5.3 Should the use of the Service, or any part thereof, constitute an infringement on any third-party intellectual property rights, Mason shall use all commercially reasonable efforts to replace that part of the Service (including any part of the Product or its software) with a replacement solution, providing that the solution offers materially the same qualities. Should it not be possible to offer a replacement solution for the Service, Mason shall offer an alternate license. You shall have a right to terminate the Agreement according to section 8.3 below if the offered replacement solution or alternate license cannot reasonably be accepted.

5.4 The rights as set forth in this Section 5 shall be the sole remedies available to You in the event of third-party infringement claims.

6. YOUR DATA

6.1 By using the Service, You grant us a worldwide, non-exclusive, royalty-free license to use and display Your Data (as defined below) in such manner as is necessary to provide the Services to You. “Your Data” means all data that You or any of Your Users have connected to or otherwise made available to access via the Services. 

6.2. You hold all rights, including intellectual property rights, to Your Data.

6.3 You shall indemnify and hold Mason harmless from any claim directed against Mason related to Your Data such as that Your Data is infringing third-party intellectual property rights or is otherwise in breach of applicable law.

6.4 We may collect and analyze other information than Your Data relating to the provision, use, and performance of various aspects of the Services to improve and enhance the Services.

7. PERSONAL DATA

7.1. To the extent Your use of the Service means that Mason will process personal data on behalf of You, Mason undertakes to only process such personal data in accordance with the Data Processing Agreement (mason.app/legal/dpa).

8. TERM AND TERMINATION

8.1 The Agreement comes into force on the Commencement Date according to section 1.1 above and shall remain valid for the period set forth in connection with your order of the Services (the “Subscription Period”). Should neither of the Parties terminate the Agreement according to section 8.2 or 8.3, the Agreement and the Subscription Period shall be automatically renewed for a period equal to the term of the current Subscription Period. Such renewed subscription period shall, for the sake of these Terms, be considered a Subscription Period.

8.2 The Parties may terminate the Agreement by notifying the other Party in writing with at least thirty (30) days’ notice prior to the expiration of the current Subscription Period. Should the Agreement be terminated, You shall have access to the Service until the end of the current Subscription Period. Where You are using the Services on a trial basis, a notice of termination from either Party under this clause 8.2 shall take immediate effect.

8.3 Either Party may terminate this Agreement with immediate effect by giving notice thereof if:

(i) the other Party has committed a material breach, or persistent breaches that together are considered material, of the Agreement and has not rectified such breach(es) within fifteen (15) days after the other Party's notification of such material or persistent breach(es); or

(ii) the other Party is declared bankrupt, enters into composition proceedings or liquidation or otherwise can be assumed to have become insolvent.

8.4 Upon termination of the Agreement, You may retrieve, stop sharing and/or delete (as applicable) Your Data currently in Mason’s possession through the Service in such generally accepted format as provided by Mason from time to time.

9. LIMITATION OF LIABILITY

9.1 Subject to what is set out in the Agreement, You acknowledge that the Services are standard products and are delivered "as is" and except as expressly stated in the Agreement, Mason leaves no warranties or representations, whether expressed or implied to You with regard to the Service and expressly disclaims any liability, including but not limited to, functionality, fitness for purpose, loss of data, or freedom from errors and bugs.

9.2 Mason does not warrant that the Service will function together with third-party products. Mason disclaims all liability and indemnification obligations for any harm, damages, or other liability caused by any third-party product used in connection with the Software.

9.3 To the fullest extent permitted by law, in no event will Mason be liable to you for any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, trading losses, business interruption losses, or lost time or goodwill, whether in contract, tort, strict liability or otherwise arising out of or relating to Your access to or use of, or Your inability to access or use, the Services or any materials or content on or available through the Service.

9.4 To the fullest extent permitted by law, Mason’s aggregated liability under the Agreement will not exceed the amount paid by You to us hereunder during the twelve (12) month period immediately preceding the event(s) giving rise to such liability.

9.5 Neither Party is liable for damages unless the other Party notifies the liable Party about it in writing no later than ninety (90) days after the actual damage or loss was noticed or should have been noticed, however no later than six (6) months from when the damage occurred.

10. THIRD-PARTY SERVICES

The Service may work together with third-party services or applications that are not owned or controlled by Mason (“Third-Party Services”) or You. You acknowledge and agree that any use by You of such Third-Party Services are governed by separate terms from the supplier of each respective Third-Party Service i.e. this Agreement does not apply to Your use of such Third-Party Services. Mason expressly disclaims all representations and warranties relating to any Third-Party Applications. You will look solely to the providers of the Third-Party Applications for any warranty related issues or other claims. Your use of Third-Party Applications is at Your own risk. Mason will have no liability or other obligation of any kind arising out of or related to any third-party applications, including arising from Customer’s use or inability to use Third-Party Applications.

11. CONFIDENTIALITY

11.1 The Parties shall not disclose any details of the Agreement or any information regarding the other Party or its business activities which may be deemed as business or professional secrets (“Confidential Information”). For clarification, any information which a Party, reasonably, states to be Confidential Information shall be deemed as such.

11.2 Confidential Information shall not include any information that; (i) is or becomes generally known to the public without breach of any obligation owed to the other Party; (ii) was publicly known prior to its disclosure without breach of any confidential obligation; (iii) was independently developed by the other Party without breach of any confidentiality obligation; or (iv) is received from a third party without breach of any confidentiality obligation.

11.3 No Party shall disclose any Confidential Information for any purpose outside the scope of this Agreement, except with the other Party's prior written consent. Receiving Party shall protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). The Parties shall promptly notify the other Party if it becomes aware of any actual or reasonably suspected breach of Confidential Information.

11. 4 If a Party is compelled by law or stock market regulations to disclose Confidential Information, it shall provide the other Party with prior notice of such disclosure (to the extent reasonable and legally permitted) and reasonable assistance, at the other Party's cost, if the other party wishes to contest the disclosure.

11.5 Upon any termination of this Agreement, the Parties shall continue to maintain the confidentiality of the Confidential Information for as long as it remains confidential and, upon request, return to the Disclosing Party or destroy all materials containing such Confidential Information.

12. FORCE MAJEURE

Except for payment obligations, neither Party shall be liable for failure or delay in performance of its responsibilities hereunder when such failure or delay is caused by an event caused by a condition that was beyond the Party’s reasonable control. This clause is subject to the that the other Party is immediately notified of the relieving circumstance.

13. ASSIGNMENT

Neither Party may assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of the other Party, except where otherwise expressly stated herein, such approval shall not be unreasonably withheld. Mason shall, however, be entitled to assign the Agreement and Mason's rights and obligations thereunder to an entity within the same corporate group as Mason (where applicable) or to a third party in connection with a transfer of Mason’s business or a part thereof.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 This Agreement is governed by Swedish law.

14.2 Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce.

14.3 The Rules for Expedited Arbitrations shall apply, unless the Stockholm Chamber of Commerce in its discretion determines, taking into account the complexity of the case, the amount in dispute, and other circumstances, that the Arbitration Rules shall apply. In the latter case, the Stockholm Chamber of Commerce shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

14.4 The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.

14.5 All information about the arbitration proceedings and the award thereof shall be considered confidential information about this Agreement and be kept in strict confidence of the Party for an indefinite time.


Terms of Service – Mason

These Terms of Service (the “Terms”/”Terms of Service”) govern the use of services from Mason Data AB corporate reg. no. 559325 – 6463 (“Mason/we/us”). By accepting these Terms, either in connection with registering an account on Mason´s website mason.app or by executing other documents referring to these Terms, you agree that these Terms, together with applicable schedules, form part of a legally binding agreement between You (as defined below) and Mason (the “Agreement”).

You and Mason are hereinafter referred to individually as "Party" and collectively as the "Parties".

Mason reserves the right to update these Terms from time to time. In case of any material changes to the Terms, Mason will inform You by email and the new version of the Terms will take effect one month after the date when the information email was sent out to You. If You do not wish to continue using the Service under such modified Terms You may terminate the Agreement by following the instructions in the Service. Your continued use of Mason the Services after the updated Terms have become effective will constitute acknowledgment and acceptance of the modified Terms.

The current Terms of Service are available on Mason's website at mason.app/legal/terms.

In case of any discrepancies between information and wording published on Mason´s website and these Terms, these Terms prevail.

Definitions

For the purposes of these Terms:

• “Account”; means the account from which the User can access and control Your use of the Service.

• "IP-rights": means copyrights, designs, patents, trademark rights, domain names, any other proprietary intellectual property rights, and know-how to the Services including the software, any updates, and the documentation.

• “Service(s)”: means Mason’s data analytics platform and/or any other services delivered to You from time to time by Mason from Mason’s website mason.app.

• "User": means any person who has been granted the right to access the Account and the Service by You, such as employees or consultants of You.

• “You” or “Your” means the organization you represent. When you enter into the Agreement on behalf of your organization(s) you represent and warrant that you have the necessary authority to legally bind such organization(s). The expressions include your personal representatives, employees and agents using the Service.

1. ORDERING & START USING THE SERVICES

1.1 To start using the Service, You may be required to provide us (to the extent You do not already have an account with us, and we do not already hold such information) with Your first name, last name, email address, organisation, password and a valid method of payment (where applicable) and then follow the procedure set out on mason.app to submit Your order. You should check all the information that you enter and correct any errors before submitting Your order, as once your order is submitted, we will begin processing it immediately. Your order constitutes an offer to us to buy a subscription of the Service. Our acceptance of that offer (and the formation of a contract between you and us according to these Terms) will take place when we send You a confirmation email to accept Your order of the Service (“Commencement Date”).

1.2 Your subscription of the Service starts on the day of our acceptance of Your order or the initiation of Your free trial period (where applicable). Once we have accepted Your order or confirmed Your free trial period, You can start using the Service straight away.

1.3 If we do not accept Your order, we will inform You of this by email and will not charge you for the subscription or we will refund you any amounts already paid by You for that subscription

2. YOUR LICENSE

2.1 By subscribing to use the Service, You are granted a time-limited, revocable, and non-exclusive license to use the Service and any other material provided to You as part of Mason performing the agreed Service.

2.2 By accepting the terms of the Agreement, You agree to only use the license for Your own internal business purposes and are subject to the restriction as set forth in the Agreement. We reserve the right at any time and in our sole discretion to verify a User’s eligibility and compliance with these Terms. The license is conditional on You paying all agreed fees.

2.3 You may not resell, transfer, sublicense, lease, or lend the Service or allow any third-party access to the Service in whole or in part. You may not decompile, modify, reverse engineer, or create derivative works of the Service and its software, unless (i) otherwise has been agreed by the Parties, (ii) follows from mandatory law, or (iii) is mandated by a competent court or authority.

2.4 You are responsible for all use through the Account including all Users associated with the Account, and You are responsible for ensuring compliance by Your Users with the Agreement as well as applicable law.

2.5 You may not use the Service: a) for any unlawful purposes, b) to violate any international or local rules, laws or regulations, c) in any way that causes or may cause damage to Mason whether directly or indirectly, or d) for load testing, hacking, modification or similar.

2.6 Without prejudice to its other rights and remedies, Mason is entitled to suspend and/or cancel Your use of the Service if it considers a User being in breach of the Agreement.

3. USE OF THE SERVICES

3.1 Mason has a right to provide You with reasonable instructions regarding the use of the Service, or individual parts thereof by posting information in the Service, Mason’s website, or by communicating with You directly. You are obligated to follow these instructions and shall indemnify Mason for any direct damages caused by You not following such instructions.

3.2 Some parts of the Service may be used to develop, manage, and support databases ("Databases"). You may only use the Services to develop, manage, and support Databases that you control or which you have been legally granted access to.

3.3 You acknowledge and agree that your use of the Services can affect your Databases, and you accept sole responsibility for any errors, malfunctions, or corruption of any Databases caused by your use of the Services. You are responsible for securing and backing up your Databases and Your Data (as hereinafter defined) you post to the Services; as such, we have no responsibility or liability for the deletion of or failure to store Your Data on the Services.

3.4 Mason provides AI-enabled features ("AI assistant") using technology provided by OpenAI, LLC ("OpenAI"). Your use of AI assistant must comply with all OpenAI policies, including the Content Policy, Sharing and Publication Policy, and Community Guidelines. You are also responsible for ensuring that your use of AI assistant does not violate any applicable laws or incur an unreasonable load on the service. Mason reserves the right to suspend or terminate your access to or use of AI assistant at any time.

3.5 Mason will not allow third parties to utilize your content or customer data to improve or train their AI models. Without your express permission, we will not use your content or customer data to improve or train our models.

3.6 If the input you provide to AI assistant includes Personal Data, you authorize Mason to process this data for the purpose of providing AI assistant functionality.

4. FEES & PAYMENT

Fees

4.1 You will pay the fees for accessing and using the Service as set forth in connection with your order of the Service or communicated through Your Account (“Fees”). Payments already made are not refundable.

4.2 Unless stated otherwise, all prices are in USD and exclusive of VAT.

4.3 Mason may modify its Fees or introduce new fees in its sole discretion. You always has the right to choose not to renew Your subscription if You does not agree with any new or revised Fees.

4.4 The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You is responsible for paying all Taxes associated with its purchases hereunder.

Payment

4.5 Mason, either directly or through its third-party payment processor (“Payment Processor”) will charge You for the Fees via credit card or other payment method described in the Service. Mason will have the right to charge Your credit card or other agreed payment method for any services provided to You by Mason under the Agreement, including recurring Fees. It is Your sole responsibility to provide Mason with current and up to date credit card or other applicable payment information; failure to provide such information may result in suspension of Your access to the Services. Mason will also have the right to set-off any Fees due from You to Mason. If You pay the Fees through a Payment Processor such payment processing will be subject to the terms, conditions, and privacy notices of such Payment Processor in addition to this Agreement. Mason is not responsible for any error by, or other acts or omissions of, the Payment Processor.

4.6 If authorized by You through the Service or through Your order of the Service, recurring charges (e.g., monthly or yearly billing) will be charged from Your payment instrument without further authorization from You until You terminate this Agreement or changes its payment method in Your Account.

Late or failed payment

4.7 If You fails to pay any Fees when due, Mason may suspend Your access to the Service pending payment of such overdue amounts. You also authorize Mason to re-try charging Your payment instrument up to four (4) times and thereafter invoice You if the attempt(s) to charge Your initial payment method has not been successful. If You believe that Mason has billed You incorrectly, You must contact Mason no later than forty-five (45) days after the closing date on the first billing statement in which the suspected error appeared.

4.8 In the event of late payments, Mason is entitled to charge interest equal to two (2) percent of the due amount per calendar month.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge and agree that any and all IP-rights or any other material which You may access or otherwise use from Mason under this Agreement shall remain with Mason. You may not use Mason´s IP-rights in any other way than as set forth in the Agreement. This shall not apply to the extent You have received written permission from Mason to do so or follows mandatory law.

5.2 Should a third-party claim ownership of the IP-rights or claim that the use of the Service in accordance with this Agreement constitutes infringement on third-party IP-rights, You shall promptly notify Mason in writing and provide Mason with all necessary information of the claim. Mason shall have a right to take over all legal proceedings related to the IP-rights, including settlement negotiations and court proceedings, at Mason's own cost. You shall reasonably assist Mason in any such proceedings. For the avoidance of doubt, You may not, in any case, and under no circumstances, make any admission as to liability nor enter into any settlement agreements or other similar without the beforehand written permission of Mason.

5.3 Should the use of the Service, or any part thereof, constitute an infringement on any third-party intellectual property rights, Mason shall use all commercially reasonable efforts to replace that part of the Service (including any part of the Product or its software) with a replacement solution, providing that the solution offers materially the same qualities. Should it not be possible to offer a replacement solution for the Service, Mason shall offer an alternate license. You shall have a right to terminate the Agreement according to section 8.3 below if the offered replacement solution or alternate license cannot reasonably be accepted.

5.4 The rights as set forth in this Section 5 shall be the sole remedies available to You in the event of third-party infringement claims.

6. YOUR DATA

6.1 By using the Service, You grant us a worldwide, non-exclusive, royalty-free license to use and display Your Data (as defined below) in such manner as is necessary to provide the Services to You. “Your Data” means all data that You or any of Your Users have connected to or otherwise made available to access via the Services. 

6.2. You hold all rights, including intellectual property rights, to Your Data.

6.3 You shall indemnify and hold Mason harmless from any claim directed against Mason related to Your Data such as that Your Data is infringing third-party intellectual property rights or is otherwise in breach of applicable law.

6.4 We may collect and analyze other information than Your Data relating to the provision, use, and performance of various aspects of the Services to improve and enhance the Services.

7. PERSONAL DATA

7.1. To the extent Your use of the Service means that Mason will process personal data on behalf of You, Mason undertakes to only process such personal data in accordance with the Data Processing Agreement (mason.app/legal/dpa).

8. TERM AND TERMINATION

8.1 The Agreement comes into force on the Commencement Date according to section 1.1 above and shall remain valid for the period set forth in connection with your order of the Services (the “Subscription Period”). Should neither of the Parties terminate the Agreement according to section 8.2 or 8.3, the Agreement and the Subscription Period shall be automatically renewed for a period equal to the term of the current Subscription Period. Such renewed subscription period shall, for the sake of these Terms, be considered a Subscription Period.

8.2 The Parties may terminate the Agreement by notifying the other Party in writing with at least thirty (30) days’ notice prior to the expiration of the current Subscription Period. Should the Agreement be terminated, You shall have access to the Service until the end of the current Subscription Period. Where You are using the Services on a trial basis, a notice of termination from either Party under this clause 8.2 shall take immediate effect.

8.3 Either Party may terminate this Agreement with immediate effect by giving notice thereof if:

(i) the other Party has committed a material breach, or persistent breaches that together are considered material, of the Agreement and has not rectified such breach(es) within fifteen (15) days after the other Party's notification of such material or persistent breach(es); or

(ii) the other Party is declared bankrupt, enters into composition proceedings or liquidation or otherwise can be assumed to have become insolvent.

8.4 Upon termination of the Agreement, You may retrieve, stop sharing and/or delete (as applicable) Your Data currently in Mason’s possession through the Service in such generally accepted format as provided by Mason from time to time.

9. LIMITATION OF LIABILITY

9.1 Subject to what is set out in the Agreement, You acknowledge that the Services are standard products and are delivered "as is" and except as expressly stated in the Agreement, Mason leaves no warranties or representations, whether expressed or implied to You with regard to the Service and expressly disclaims any liability, including but not limited to, functionality, fitness for purpose, loss of data, or freedom from errors and bugs.

9.2 Mason does not warrant that the Service will function together with third-party products. Mason disclaims all liability and indemnification obligations for any harm, damages, or other liability caused by any third-party product used in connection with the Software.

9.3 To the fullest extent permitted by law, in no event will Mason be liable to you for any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, trading losses, business interruption losses, or lost time or goodwill, whether in contract, tort, strict liability or otherwise arising out of or relating to Your access to or use of, or Your inability to access or use, the Services or any materials or content on or available through the Service.

9.4 To the fullest extent permitted by law, Mason’s aggregated liability under the Agreement will not exceed the amount paid by You to us hereunder during the twelve (12) month period immediately preceding the event(s) giving rise to such liability.

9.5 Neither Party is liable for damages unless the other Party notifies the liable Party about it in writing no later than ninety (90) days after the actual damage or loss was noticed or should have been noticed, however no later than six (6) months from when the damage occurred.

10. THIRD-PARTY SERVICES

The Service may work together with third-party services or applications that are not owned or controlled by Mason (“Third-Party Services”) or You. You acknowledge and agree that any use by You of such Third-Party Services are governed by separate terms from the supplier of each respective Third-Party Service i.e. this Agreement does not apply to Your use of such Third-Party Services. Mason expressly disclaims all representations and warranties relating to any Third-Party Applications. You will look solely to the providers of the Third-Party Applications for any warranty related issues or other claims. Your use of Third-Party Applications is at Your own risk. Mason will have no liability or other obligation of any kind arising out of or related to any third-party applications, including arising from Customer’s use or inability to use Third-Party Applications.

11. CONFIDENTIALITY

11.1 The Parties shall not disclose any details of the Agreement or any information regarding the other Party or its business activities which may be deemed as business or professional secrets (“Confidential Information”). For clarification, any information which a Party, reasonably, states to be Confidential Information shall be deemed as such.

11.2 Confidential Information shall not include any information that; (i) is or becomes generally known to the public without breach of any obligation owed to the other Party; (ii) was publicly known prior to its disclosure without breach of any confidential obligation; (iii) was independently developed by the other Party without breach of any confidentiality obligation; or (iv) is received from a third party without breach of any confidentiality obligation.

11.3 No Party shall disclose any Confidential Information for any purpose outside the scope of this Agreement, except with the other Party's prior written consent. Receiving Party shall protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). The Parties shall promptly notify the other Party if it becomes aware of any actual or reasonably suspected breach of Confidential Information.

11. 4 If a Party is compelled by law or stock market regulations to disclose Confidential Information, it shall provide the other Party with prior notice of such disclosure (to the extent reasonable and legally permitted) and reasonable assistance, at the other Party's cost, if the other party wishes to contest the disclosure.

11.5 Upon any termination of this Agreement, the Parties shall continue to maintain the confidentiality of the Confidential Information for as long as it remains confidential and, upon request, return to the Disclosing Party or destroy all materials containing such Confidential Information.

12. FORCE MAJEURE

Except for payment obligations, neither Party shall be liable for failure or delay in performance of its responsibilities hereunder when such failure or delay is caused by an event caused by a condition that was beyond the Party’s reasonable control. This clause is subject to the that the other Party is immediately notified of the relieving circumstance.

13. ASSIGNMENT

Neither Party may assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of the other Party, except where otherwise expressly stated herein, such approval shall not be unreasonably withheld. Mason shall, however, be entitled to assign the Agreement and Mason's rights and obligations thereunder to an entity within the same corporate group as Mason (where applicable) or to a third party in connection with a transfer of Mason’s business or a part thereof.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 This Agreement is governed by Swedish law.

14.2 Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce.

14.3 The Rules for Expedited Arbitrations shall apply, unless the Stockholm Chamber of Commerce in its discretion determines, taking into account the complexity of the case, the amount in dispute, and other circumstances, that the Arbitration Rules shall apply. In the latter case, the Stockholm Chamber of Commerce shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

14.4 The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.

14.5 All information about the arbitration proceedings and the award thereof shall be considered confidential information about this Agreement and be kept in strict confidence of the Party for an indefinite time.