Terms and Conditions
Grow Planet is provided by Gro Play Digital AB (corporate identity number 556895-7566), Magnus Ladulåsgatan 39, SE-118 65 Stockholm, Sweden (herein referred to as "the Supplier"). These subscription terms (the "Subscription Terms") apply to the Subscriber's (defined below) access to and use of the Supplier's Grow Planet service in Sweden. Grow Planet has been developed by Gro Play Digital AB. In addition to the Subscription Terms and the Order Confirmation, the Subscription is governed by what is stated in the Copyright Terms and Privacy Policy documents, which the Subscriber has read and thus constitute integral parts of the partners' agreements.
§ 1 Subscription terms
The subscription is always linked to a specific school or other legal entity. "The Subscriber" refers to the legal entity that has entered one or more subscriptions, and is ultimately responsible for ensuring that those who use the products included in the subscription (for example, teachers and pupils, hereinafter referred to as "the users") do so in accordance with the subscription terms and conditions as well as other documents governing the use of, and access to, the subscription.
§ 2 Access and right of use
The Subscriber is given access and right of use (see § 6) to the products to which the Subscription relates, see the Order Confirmation.
§ 3 Subscription period
The subscription takes effect when Gro Play has registered the Subscriber's order and then applies for the duration of the agreed subscription period. The Subscription terminates automatically when the agreed subscription period expires.
If the school to which the Subscription relates is closed during the subscription period, the Subscription may terminate prematurely at the Subscriber's request, but the Subscriber is still obliged to pay for the entire agreed subscription period. Gro Play has the right to send an invoice to the Subscriber that covers the remaining subscription period, as soon as Gro Play has received the Subscriber's notice that the school will be closed and that it requests that the Subscription be terminated prematurely.
§ 4 Subscription fee and payment terms
Gro Play invoices the Subscriber annually in advance during the agreed subscription period, unless the school to which the Subscription is linked is closed (see § 2).
If the number of pupils increases, Gro Play reserves the right to adjust the subscription price in proportion to the increase. Gro Play also reserves the right to annually adjust the subscription price by the higher of (i) 2%, or (ii) the percentage by which inflation in Sweden has increased according to Statistics Sweden's statistics since the subscription price was last determined.
If the payment is delayed, Gro Play is entitled to interest on arrears in accordance with the applicable interest law at any given time.
§ 5 Scope of the subscription
The Subscription grants the Subscriber access and right of use (see § 6) to the entire content of the Grow Planet Service. Gro Play reserves the right to change the content and functions of Grow Planet on an ongoing basis and without prior notice.
§ 6 The Subscriber's right of use
The Subscriber is advised that copyright and similar issues are also regulated in the document Copyright Terms, in addition to what is stated below. The Subscriber is encouraged to ensure that teachers, pupils, and other users have access to that document.
Gro Play, or a third party who has granted Gro Play Digital AB usage rights, owns all intellectual property rights in the products and their content, including but not limited to the copyright in all text and other materials, programming and source code. The Subscriber does not receive any intellectual property rights in the products or their content.
The Subscriber has the right to print and copy content in the products in accordance with the terms of the agreement with Bonus Copyright Access.
The Subscriber does not have the right to decode the products, or otherwise try to gain access to the source code or documentation belonging to the products, including the products' design and composition.
The Subscriber has no right to sell, transfer, distribute, license, rent, lend or otherwise give anyone other than the Subscriber or its users access to the products.
§ 7 Storage of passwords
Each User will be given a personal password to use when using the products covered by the Subscription. The Subscriber agrees to ensure that those who have been given a password handle it in such a way that they are not accessible to unauthorized persons. The Subscriber (or User) is not permitted to provide the passwords on their website or the like, or in any way make them available to the public. It is in no way permitted to allow persons or organizations other than those covered by the Subscription to use the passwords at the Subscriber's disposal.
§ 8 Municipal agreements
In the central municipal agreements, whereby a municipality signs a Subscription for all the municipality's schools, the municipality has full freedom to move pupils between schools and make changes to the municipal school structure according to the municipality's ongoing needs, without affecting the agreed Subscription price. Correspondingly, the agreed Subscription price is not affected if schools are merged or closed down.
In other respects, the terms of the Subscription Terms and the Order Confirmation, as well as what is stated in the documents Copyright Terms and Privacy Policy, also apply to municipal agreements.
§ 9 School subscriptions
A school subscription grants both staff and pupils at the school the right to use the products covered by the Order Confirmation, both within the school premises and in the staff's and pupils' homes.
In other respects, the terms of the Subscription Terms and the Order Confirmation, as well as what is stated in the documents Copyright Terms and Privacy Policy, also apply to school subscriptions.
§ 10 Personal data
In order to be able to provide the products covered by the Subscription, in accordance with agreed terms, Gro Play Digital AB will process and be responsible for personal data that can be attributed to the Users. The personal data processed only includes names, and in some cases e-mail address and telephone number. Gro Play may collect them directly from the Users, or the Subscriber may collect them and then pass them on to Gro Play. With the exception of such processing as takes place in accordance with § 11, Gro Play is the personal data controller for the specified processing and may, where applicable, engage cloud service providers and other personal data assistants to provide the products.
For more information about the handling of personal data, see the document Privacy Policy.
§ 11 Assistant agreement for personal data
Where applicable, the Subscriber - not Gro Play - will be responsible for the processing of personal data that takes place regarding Users of the products covered by the Subscription. Such processing may, for example, be the processing of personal data belonging to pupils who use the products covered by the Subscription within the framework of their education. In such cases, Gro Play is the personal data assistant to the Subscriber and Gro Play only acts on instructions from the Subscriber. Gro Play hereby undertakes to implement appropriate technical and organizational security measures to protect against accidental or unlawful destruction, loss or alteration, as well as against unauthorized disclosure, misuse or other processing in violation of personal data law. In such cases, the Subscriber is obliged to provide Users with the information that they, according to current personal data legislation, are entitled to receive, in connection with the collection of personal data.
§ 12 Accessibility of the portal
It is the ambition of Gro Play that the entire product portfolio will be available online 24 hours a day, all year round, with the following reservations:
- Minor service measures, such as restarting servers, which are then performed between 22:00 and 05:00, Swedish time. In connection with this, the Subscriber may experience minor disturbances.
- Planned operational disruptions will be announced on the front page of the portal, no later than 48 hours before the event in question.
If there are operational disruptions that have not been announced in advance, and which mean that the subscription content is inaccessible to the Subscriber for a continuous period of at least 24 hours, the Subscriber is only entitled to demand a corresponding extension of the Subscription.
§ 13 Trial period
Gro Play offers a free trial period for Grow Planet. The trial period may be established by all teachers or employees at a particular school. Access to the product will then be available for 30 days for the entire school where the person in question is employed. Upon special agreement with Gro Play, the duration of the trial period may be extended.
The person who initiates the trial period must be authorized to represent the school in question and must state their personal and contact information when registering. Gro Play reserves the right to contact the person via the contact information provided when the trial period is registered.
Repeated registrations of trial periods will be considered as abuse. In this case, Gro Play reserves the right to block the trial subscription.
Gro Play has the right, for sales and marketing purposes, to give the public full or partial access to Grow Planet, without this giving the Subscriber the right to extension of the subscription period or reduction of the subscription price.
In other respects, what is stated in the Subscription Terms and in the documents Copyright Terms and Privacy Policy also applies during the trial period.
Even when a trial period is established, Gro Play will process personal data for which the school is responsible. Gro Play is therefore a personal data assistant, and an agreement is required between the school and Gro Play.
When a trial period is started, the processing of personal data will automatically be covered by Gro Play's Personal Data Assistant Agreement for test periods, which may be downloaded here (only available in Swedish at the moment). The personal data assistant agreement applies from the start of the test period until the processing of personal data ceases or a new agreement is entered. The personal data assistant agreement has already been signed and should be saved for documentation.
§ 14 Violation of the subscription
In the event of a breach of the Subscription Terms or the terms of the Order Confirmation (or what is stated in the documents Copyright Terms and Privacy Policy), Gro Play may temporarily suspend the access and right of use of the Subscription, until the violation ends. If the Subscriber significantly breaches its obligations, Gro Play may terminate the subscription agreement with immediate effect, without refund of the subscription price for the remaining period of the Subscription's term.
Significant violation refers to non-payment of subscription price and possible interest, repeated delays in payment of at least 30 days, and unauthorized disclosure of passwords.
§ 15 Limitation of liability
Gro Play is under no circumstances liable for consequential damages and direct or indirect damages as a result of the Subscriber's use of the purchased product.
Gro Play hereby disclaims all warranties and liability on behalf of any third parties, including Microsoft.
§ 16 Indemnity
The Subscriber shall indemnify Gro Play against any claims that third parties may make against Gro Play, as a result of the Subscriber's violation of any applicable provisions in copyright, trademark law, design law and market law, or the Subscription Terms or the Order Confirmation.
Supplier
The subscription agreement is entered into with:
Gro Play Digital AB
Magnus Ladulåsgatan 39
SE-118 65 Stockholm
Sweden
Corporate identity no. 556895-7566
Tel. +46-766-499355
Email: info@groplay.com
Web: www.growplanet.se
