These Terms of Use (the “Terms”) govern your use of the services provided by Dcipher Analytics AB (“DA”, “we”, “us” or “our”), Swedish registration number 559169-9268, with registered offices in Sweden. These Terms constitute a legally binding agreement between DA (including affiliates) and you, whether as an individual or an entity (“Customer”, “User”, “you”).
1. Definitions
For purposes of these Terms, the following definitions apply:
“Agreement”: These Terms together with any order form, main agreement or data processing agreement (“DPA”) entered into between DA and Customer, and the documents incorporated by reference in these Terms. If they conflict, an order form, main agreement or DPA prevails over these Terms.
“Site”: The website (including all subdomains) at dcipheranalytics.com
“Service”: All current and future SaaS offerings, platforms, apps, APIs, features and functionalities provided by DA.
“User”: Any individual authorized to access and/or use the Service under a Customer’s Subscription.
“User Account”: A password-protected account assigned to an individual User to access the Service.
“Subscription”: The right, subject to these Terms, for a Customer (and permitted Users) to access and use the Service.
“Content”: All data, information, text, audio, video, images, or other material uploaded, submitted, transmitted, or otherwise made available by Customer or Users through the Service.
“Output”: Any result the Service generates for Customer or Users, including AI-generated text, insights, summaries, classifications, visualizations and reports.
“Original Content”: All proprietary content provided by DA within the Service, including, without limitation, software, code, designs, documentation, text, images, and video.
“User Data”: Any data or information added to, processed by, or generated by Customer or Users via the Service.
“AI Policy”: DA’s AI Policy, which describes how DA uses and governs AI in the Service.
“Third-Party Sites/Services”: Websites, applications, products, or services not controlled by DA.
“Applicable Law”: Any laws, directives, or regulations applicable to the use of the Service, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Artificial Intelligence Act (EU) 2024/1689 (“AI Act”).
“Security Assessments”: Periodic reviews of the technical and organizational measures that protect the Service and User Data, such as vulnerability scanning and reviews of access rights.
“Consumer”: A natural person who uses the Service for purposes outside their trade, business or profession.
“Security Incident”: Any unauthorized access to, or acquisition, disclosure, alteration, loss, or destruction of User Data.
2. Scope of the Service
2.1 SaaS offering. The Service is offered exclusively on a software-as-a-service (SaaS) basis through compatible browsers or approved mobile apps.
2.2 System requirements. The Service requires up-to-date browsers or platforms. DA may cease to support outdated software or operating systems without liability.
2.3 Licensing. The Subscription is non-exclusive, non-transferable, and for the Customer’s and its Users’ internal business use only. Resale or redistribution is strictly prohibited.
2.4 Lawful use & compliance. Customer and all Users must use the Service in compliance with these Terms and all Applicable Law, including but not limited to the GDPR, the AI Act and any other relevant privacy, data protection, or technology laws. DA does not monitor nor assume responsibility for Customer’s legal compliance when using the Service. Customers assume all responsibility for:
- Ensuring lawful basis and legal right to process all Content and User Data uploaded or processed via the Service.
- Compliance with regulations on AI, privacy, data residency, export control, intellectual property, and rights of data subjects.
2.5 Customer’s responsibilities. Customer must procure all hardware, software, connectivity, and bear any costs associated with access.
3. User Accounts & Security
3.1 Account responsibility. Customer is solely responsible for all activities and Content conducted under User Accounts and must promptly notify DA of unauthorized use or suspected breach.
3.2 Account administration. DA may suspend or terminate unauthorized, non-compliant, or harmful User Accounts at its discretion.
3.3 Account deletion. Customer and Users may request account cancellation pursuant to these Terms.
4. User Data & Data Protection
4.1 Ownership. All User Data, including Output, shall remain the exclusive property of the Customer. DA claims no ownership over data uploaded by the Customer or Users.
4.2 Data processing & confidentiality. DA is a data processor and will process User Data strictly according to Customer’s documented instructions and in compliance with GDPR, AI Act, and all Applicable Law. DA shall not process data for any purpose other than providing the Service, and shall implement appropriate technical and organizational measures, including regular Security Assessments, to safeguard User Data.
4.3 Data access. Upon written request, DA shall provide Customer with an export of User Data in a commonly used electronic format, without charge, within 7 business days.
4.4 Backups & recovery. DA will maintain daily backups of User Data and implement recovery protocols for as long as the Subscription is active.
4.5 Security incidents. In the event of a Security Incident affecting User Data, DA shall notify Customer without undue delay and in any event within 24 hours, providing all necessary information and cooperation required by Applicable Law.
4.6 No training on customer data. DA does not use User Data, Content or Output to train, fine-tune or otherwise improve any AI model, whether its own or a third-party provider’s.
4.7 Account deletion. If Customer deletes its account, DA deletes the related User Data, including backups, within three (3) days, unless DA is legally required to retain it.
5. Fees & Payment
5.1 Pricing. Service fees are stated in the main agreement or order form. All fees exclude VAT and similar taxes.
5.2 Subscription renewal & cancellation. Subscriptions automatically renew unless cancelled in writing no fewer than 30 days before renewal, or otherwise agreed.
5.3 Price adjustments. DA may update pricing annually in accordance with official indices. Any such changes will apply only after the end of the Customer’s current subscription period.
5.4 Payment terms. Payments are due within 30 days of invoice. Overdue payments are subject to statutory interest and DA may suspend Service access until payment in full.
5.5 No refunds. No refund is given for cancellations occurring within an ongoing subscription period.
6. Term & Termination
6.1 Effective date & term. The Agreement starts upon Subscription activation and continues until terminated per these Terms.
6.2 Termination by customer. Cancellation or termination requests must be made in writing. Early termination does not entitle Customer to a refund for unused service periods.
6.3 Termination by DA. DA reserves the right to terminate any account for breach of these Terms or unlawful use.
6.4 Effect of termination. For three (3) days after termination, Customer may export its User Data or request a final export under Section 4.3. DA then permanently deletes all User Data, including backups, unless legally required to retain it. If Customer has requested an export within that period, DA deletes the User Data once the export has been delivered.
7. Permitted and Prohibited Uses
7.1 Lawful purposes only. The Service must not be used for any unlawful, unauthorized, fraudulent, or harmful activities, including processing or distributing prohibited Content (such as defamatory, obscene, hateful, racist, terrorist, or illegal material).
7.2 AI Act roles and compliance. DA is the provider of the Service as an AI system and complies with the obligations that apply to it as such under the AI Act. Customer is the deployer: it decides how the Service is used and what the Output is used for, and is solely responsible for ensuring that its use of the Service and of the Output, including any use or development of AI models, complies with the AI Act and other applicable AI governance frameworks. DA does not provide legal compliance guarantees for Customer’s use of Output.
7.3 Integrity and security. No Customer or User may attempt to disrupt, breach, or compromise the integrity or security of the Service, or use the Service to harm others.
7.4 Prohibited AI uses. The Service must not be used:
- For any AI practice prohibited under Article 5 of the AI Act, such as manipulative or deceptive techniques that distort behaviour, exploiting the vulnerabilities of individuals, social scoring, or assessing the risk that an individual will commit a criminal offence based on profiling;
- For systematic profiling, tracking or surveillance of identified or identifiable individuals;
- For the high-risk purposes listed in Annex III of the AI Act, including recruitment and evaluation of workers, creditworthiness or insurance assessments, access to education or essential public services, law enforcement, migration and border control, and the administration of justice or democratic processes, unless DA has agreed to such use in writing.
7.5 AI literacy. Customer ensures that its Users have sufficient AI literacy to use the Service and interpret its Output, as required by Article 4 of the AI Act. DA supports this with documentation of the Service, its AI features and their limitations, including the AI Policy.
7.6 Disclosure of AI-generated content. Output is generated with the help of AI. If Customer publishes Output or uses it to inform the public, Customer is responsible for disclosing that it was generated or manipulated by AI where Article 50 of the AI Act or other Applicable Law requires it.
8. Content Responsibility
8.1 Customer-provided content. Customers retain full responsibility for all Content uploaded, processed, or published via the Service, including its legality and intellectual property status.
8.2 Rights and permissions. By uploading Content, the Customer warrants that it holds all rights necessary and that uploading or processing such Content does not violate third-party rights or Applicable Law.
8.3 Monitoring and removal. DA does not pre-screen User Content but reserves the right (without obligation) to monitor, review, block or remove Content in breach of these Terms, or as required by law.
8.4 Accuracy of Output. Output is produced by AI and statistical models and may be incomplete, inaccurate or out of date. It is not professional, legal or financial advice. Customer must review and validate Output before relying on it for business, legal or other material decisions, and is responsible for how it uses Output.
9. User Privacy & Information
9.1 Visibility and confidentiality. User-specific Content and information is only accessible to the Customer and its designated Users. DA shares such information with third parties only (a) with the sub-processors DA uses to provide the Service, such as cloud hosting and, when Customer chooses an external AI model, the provider of that model, (b) as required by law, or (c) for providing support under a separate written agreement.
9.2 Privacy policy. The processing of personal data by DA is governed by our Privacy Policy, which is hereby incorporated by reference.
9.3 AI Policy. How DA uses AI in the Service, including the models offered, data residency and the zero-training commitment, is described in the AI Policy, which is hereby incorporated by reference.
10. Personal Data & Data Processing
10.1 Role allocation. For User Data, the Customer is the Data Controller and DA is the Data Processor as defined by the GDPR and other national or EU data protection laws. Where DA processes personal data for its own purposes, it does so as a Data Controller.
10.2 Instruction and compliance. Customer’s instructions for processing shall be consistent with Applicable Law, and DA will notify Customer of any believed unlawful instruction.
10.3 No Unlawful processing. DA reserves the right to suspend processing if it believes such processing violates the GDPR, AI Act, or other applicable laws.
10.4 Sub-processors and transfers. Customer gives DA general authorization to engage sub-processors to provide the Service. DA binds each sub-processor to data protection obligations equivalent to those in these Terms, makes the list of sub-processors available on request, and informs Customer in advance of new or replaced sub-processors so Customer can object. Personal data is transferred outside the EU/EEA only with appropriate safeguards under Chapter V of the GDPR, such as an adequacy decision or the EU Standard Contractual Clauses.
10.5 Confidentiality and assistance. DA ensures that persons authorized to process User Data are bound by confidentiality. Taking into account the nature of the processing, DA assists Customer in responding to requests from data subjects and in meeting its obligations under Articles 32–36 of the GDPR.
10.6 Data processing agreement. Where DA and Customer have signed a separate DPA, it governs DA’s processing of personal data on Customer’s behalf and prevails over this Section 10.
11. Intellectual Property
11.1 DA content. The Service and all intellectual property rights therein remain the exclusive property of DA or its licensors. Except as expressly provided in these Terms, no right, title, or interest in the Service, Site, or DA’s content is granted.
11.2 Customer content. Customer retains all rights to Content uploaded to the Service. DA will not sell, use, or distribute Customer Content for any purpose except to provide the Service or as required by law.
11.3 Restrictions. Users and Customers shall not:
- Reverse engineer, decompile, tamper with or disassemble the Service;
- Attempt unauthorized access or circumvent security mechanisms;
- Systematically retrieve or scrape content or data (manually or using bots/crawlers);
- Reproduce, exploit, sell, resell, lease, or commercialize the Service except as permitted.
12. Third-Party Services
12.1 No endorsement or control. Links to Third-Party Sites or Services are provided for convenience only. DA assumes no responsibility for their content, privacy practices, or legal compliance.
12.2 Assumption of risk. Use of Third-Party Sites is at the Customer’s own risk.
12.3 Public data sources. The Service gives access to publicly available content from news, social media and the web. DA does not own this content; it collects and processes it to provide the Service, and the content remains subject to the rights of its owners.
13. Customer Warranties, Indemnities & Liability
13.1 Customer warranties. Customer represents and warrants that:
- All Content and User Data is uploaded and processed lawfully;
- Use of the Service is at all times consistent with Applicable Law, including GDPR, AI Act, and all intellectual property and privacy legislation.
13.2 Indemnity. Customer agrees to indemnify, defend and hold harmless DA, its affiliates, officers, and agents from any claim, damage, liability, cost, or expense (including reasonable legal fees) arising out of:
- Breach of these Terms by Customer or its Users;
- Use of the Service in violation of Applicable Law, including but not limited to privacy, data protection, AI, copyright, and export control laws.
13.3 Customer data compliance & AI use disclaimer. DA specifically disclaims any responsibility or liability for Customer’s failure to comply with laws governing data privacy, intellectual property, or AI use. DA does not provide legal advice regarding such compliance; Customer should consult its own legal counsel.
14. Limitation of Liability
14.1 No warranty. The service is provided “as is” without warranty of any kind. All warranties, express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or title), are hereby disclaimed.
14.2 No liability for consequential damages. To the maximum extent permitted by law, DA and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profit, revenue, business opportunities, data, or goodwill.
14.3 Limitation. In no event shall DA’s total aggregate liability to Customer exceed the amount paid by Customer for the Service in the twelve (12) months preceding the event giving rise to liability. Claims must be made in writing within fifteen (15) days of the event.
15. Communication
15.1 For any queries, notifications, or support, you may contact DA at info@dcipheranalytics.com unless instructed otherwise in a separate agreement.
16. Enforcement & Breach
16.1 Breach and remedial rights. Upon breach of these Terms, DA may suspend or terminate Customer’s and/or User’s access, remove or block violating Content, and seek compensation for losses.
16.2 Content removal. DA, in its discretion, may remove unlawful or harmful Content.
17. Amendments & Assignment
17.1 Changes to the service or terms. DA may update these Terms. DA will notify Customer of material changes by email or in the Service at least thirty (30) days before they take effect. If Customer does not accept the changes, Customer may terminate its Subscription by written notice before they take effect. Continued use after the changes take effect constitutes acceptance of the new Terms.
17.2 Assignment. Customer may not assign rights or obligations under these Terms without DA’s prior written consent, except as part of a bona fide merger or asset sale. DA may assign these Terms in connection with a reorganization, merger or sale of substantially all assets.
18. Force Majeure
18.1 No party is liable for failure or delay in performance due to force majeure events beyond reasonable control (including natural disasters, war, terrorism, labor disputes, government intervention, internet outages, etc.)
18.2 If affected, the party must notify the other in writing as soon as reasonably practicable.
18.3 If performance is rendered impossible for more than three (3) months due to force majeure, either party may terminate the Agreement.
19. Governing Law and Dispute Resolution
19.1 These Terms are governed by and construed in accordance with the laws of Sweden, excluding conflict-of-law rules.
19.2 Any dispute, controversy, or claim arising out of these Terms or use of the Service shall be finally settled by arbitration under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, with the seat of arbitration in Stockholm, Sweden, and with one (1) arbitrator.
20. Consumers
20.1 Mandatory rights. If you use the Service as a Consumer, nothing in these Terms limits the rights you have under mandatory consumer protection law, including the law of your country of residence. Terms that would limit those rights, such as Sections 5.5 and 6.2, do not apply to you to that extent.
20.2 Right of withdrawal. You may withdraw from a Subscription within fourteen (14) days of entering into it by notifying DA at info@dcipheranalytics.com. If you asked for the Service to start during that period, DA may charge a proportionate amount for the Service provided before you withdrew.
20.3 Liability. Sections 13.2 and 14 do not limit DA’s liability for damage caused intentionally or by gross negligence, or where such a limitation is not permitted under mandatory consumer protection law.
20.4 Disputes. Section 19.2 does not apply to Consumers. Disputes may be brought before the Swedish general courts or the National Board for Consumer Disputes (Allmänna reklamationsnämnden, arn.se), or before the courts of your country of residence where mandatory law allows.