Terms of Use


1. Introduction

1.1 Overview and Purpose:

TQM Sweden AB offers services to help food-specialized businesses meet food safety requirements and ensure that food safety-related documents comply with applicable laws and regulations. This agreement describes the terms of use for our services and the platform 'Quality Food Control' operated by TQM Sweden AB (hereinafter referred to as 'TQM').

1.2 Acceptance:

By using TQM's services, the Customer accepts the terms in this document as well as the appendices Data Processing Agreement and Privacy Policy. By accessing the services, the Customer undertakes to keep updated on the content of the agreement and its applicable appendices between TQM and the Customer. These general terms and conditions, any service orders including price plans specified on the website or in a separate offer, as well as the mentioned appendices, are jointly referred to as the 'Agreement'.



2. Definitions

2.1 Definitions:

The term 'Agreement' refers to the definition under 'Acceptance' in section 1.2.

The term 'Customer' refers to the legal entity that has entered into an agreement with TQM and thereby fully accepted the Agreement and its content.

The term 'Parties' jointly refers to the Customer and TQM Sweden AB.

The term 'Services' refers to the services provided by TQM Sweden AB and utilized by the Customer through the contractual relationship. The services primarily include quality management, HACCP systems, supplier management, self-controls, document control, file management, AI review of routines and risks, and other services available on the Quality Food Control platform.



3. Term of Validity

The Agreement runs according to the price plan chosen by the Customer or as per special agreement in a separate offer between TQM and the Customer.



4. Terms of Use

4.1 Access and Use:

Terms and limitations apply to access and use of the service. The Customer must comply with these to maintain access.

4.2 Tracking and Analysis:

The Customer consents to necessary tracking via Google Analytics so that TQM can monitor usage and ensure functionality.

4.3 User Conduct:

The Customer undertakes to use the service in accordance with applicable legislation and is fully responsible for the data handled through the service.

The Agreement grants the Customer a non-exclusive, non-transferable right to use specified services in accordance with the terms.

The Customer is responsible for ensuring that only necessary personal data is transferred and that no unauthorized or non-GDPR-compliant information is uploaded.

The Customer is aware that TQM has a support account with full access that is only used upon instruction from the Customer and can be deactivated in settings.



5. Payment Terms

5.1 Prices:

All prices apply according to the price plan chosen by the Customer unless otherwise agreed.

5.1.1 Payment Terms:

Payment shall be made within 30 days from the invoice date. In case of late payment, default interest will be charged in accordance with the Interest Act (1975:635).

5.1.2 Other:

All prices are exclusive of VAT and other applicable taxes.

5.2 Right of Withdrawal:

TQM offers no right of withdrawal after purchase or account activation.

5.3 Termination:

Both parties have the right to terminate the agreement at any time. The Customer is obliged to pay for the entire contract period.

For agreements without a binding period, a notice period of one month applies.

Fixed-term agreements must be terminated at least one month before the end of the contract period to avoid automatic renewal.

5.4 Price Adjustments:

TQM has the right to adjust prices once a year with reference to inflation or other increased costs.

The Customer will be informed at least 30 days in advance of price changes.

Agreed prices for fixed-term agreements will not be changed during the contract period.



6. Data Protection and Privacy

6.1 Data Protection:

TQM processes personal data in accordance with GDPR and applicable legislation.

6.2 Privacy Policy:

TQM's privacy policy is available on our website and describes our handling of personal data.



7. Intellectual Property Rights

7.1 Ownership:

All intellectual property rights including but not limited to patents, trademarks, source code, and copyrights belong to TQM Sweden AB.

7.1.1

The Customer may use the solution only during the agreement period and accepts that all rights belong to TQM.

TQM may only use customer data for the purpose of providing services and never discloses sensitive information unauthorized.

TQM undertakes to defend the Customer against intellectual property claims if TQM is informed within 48 hours and receives reasonable cooperation.



8. Limitation of Liability and Warranties

8. Limitation of Liability and Warranties

The Customer is entitled to compensation only for direct damage that can be proven and that arose as a result of a breach of contract.

TQM is not responsible for indirect damages such as loss of profit or loss of data.

TQM's total liability is limited to the amount the Customer has paid during the last 12 months, excluding VAT.



9. Force Majeure

If the performance of the agreement is hindered due to circumstances beyond the party's control, performance may be delayed without penalty.



10. Miscellaneous

10.1 Changes:

TQM has the right to change these terms at any time. The Customer is responsible for taking note of changes.

10.2 Use of Customer Name and Logo:

TQM may use the Customer's name and logo in sales materials and on the website.

10.3 Assignment by TQM:

TQM may assign its rights and obligations if this does not significantly affect the quality of the service.

10.4 Assignment by the Customer:

The Customer may not assign rights without written approval. TQM may charge a fee for administration.



11. Confidentiality

11.1 Confidential Information:

All oral, written, or electronic information between the parties is considered confidential.

11.2 Obligations:

The Parties undertake to treat such information confidentially and only share it with authorized persons.

Exceptions apply only as regulated below.

11.3 Exceptions:

No liability exists for disclosure of information that was already public, already known, or required by law or court order.



12. Applicable Law

The Agreement is governed by Swedish law.

12.1 Dispute Resolution:

Disputes shall primarily be resolved through negotiation. Secondarily, the Stockholm District Court has exclusive jurisdiction.

12.2 Contact Information:

For questions, contact TQM at contact@qualityfoodcontrol.com.



13. Consent

The Customer is deemed to have accepted the terms upon access to the service. The earliest access date constitutes the agreement's start date.