Terms and conditions of use for Nextory's subscription service

Valid from 21/02/2022


1. Introduction

Nextory AB, corporate registration no. 556708-4149 ("Nextory"), provides subscriptions that offer a wide range of content including audiobooks and e-books ("the Service") that physical users of the Service ("Users") can enjoy. These general terms and conditions ("Terms and Conditions") form part of the agreement between Nextory and you ("You") who has subscribed to access the Service. The Terms and Conditions govern the User's use of the Service provided through Nextory's mobile software application (the "App"). The Terms and Conditions also govern the User's activity that takes place on Nextory's website. The Terms and Conditions constitute a binding agreement between Nextory and the User. The User is therefore encouraged to carefully review these Terms and Conditions prior to use of the Service. The Terms and Conditions may be updated in accordance with the provisions of these Terms and Conditions. The latest version is always available on the company's website. The User is particularly made aware that other special Terms and Conditions may apply to different forms of subscription ("Special Provisions"); see section 3 below. The Service enables the User to read the content that is included in the subscription you have subscribed for at any time. You have access to the content for as long as your subscription is valid, and you choose which titles you want to read or listen to. Nextory makes the content available to its Users under license agreements with the holders of the rights to the content. New content is added on an ongoing basis and content may be withdrawn from the offering when the license agreements with the right holders expire. Nextory's offering also includes older content that is no longer copyrighted. Sometimes subscriptions can be subscribed to through a third party with whom Nextory has an agreement or cooperates ("Partner"). In such a case, the subscription procedures and payment procedures differ from those applicable under these Terms and Conditions. Information about how subscriptions are subscribed to in such a case, the Terms and Conditions for this, and information about how payment is made are provided by the Partner.

2. User account

To access the Service, you must create a subscription by registering a personal account on the company's website ("User Account"). You must provide contact details, payment details, choose your password and form of subscription, and confirm that you accept these Terms and Conditions, any Special Provisions, and Nextory's privacy policy, which you can find here: /privacy-policy . To create a User Account, you must be a natural person who is at least 18 years of age or has the right to enter into an agreement with parental consent. You are responsible for keeping your personal information in your User Account up to date. You are obliged to log in to your User Account on the company's website if necessary and update your contact details and payment details so that they are up to date. You will have access to the Service as soon as you have completed the registration process. After you complete the registration process, Nextory will send a confirmation of the subscription and the applicable Special Provisions for this to the email address you have associated with your User Account. More information about which subscriptions Nextory offers can be found under section 3 below. Your User Account on the company's website is personal and you are obliged not to disclose your username or password to anyone who is unauthorized and to treat them in such a secure way that no one else will be able to learn what they are. If you share a tablet or smartphone with one or more other people who are not included in your subscription as a User, you should always be careful to log out after using the Service. In order to take advantage of the Service, access to a device (such as a tablet or smartphone) that is compatible with Nextory's technology and that enables streaming and the temporary downloading of files is required, along with an internet connection. On the company's website you will find information about technical requirements for the device. These requirements change as the technology evolves. Devices for the use of the Service, an internet connection, and traffic charges are not included in the Service. Reviews written from your User Account must be presented in a respectful manner and must not contain anything that may be perceived as being offensive, threatening, or in violation of applicable law. In the event of a breach of this provision, Nextory has the right to delete the review or terminate your User Account in accordance with section 9 below.

3. Subscriptions and Special Provisions

Nextory offers various forms of subscription. The types of subscriptions offered vary over time. On the company's website you will find information about the general forms of subscription that Nextory offers at any given time. In addition, Nextory sometimes offers special forms of subscription, such as time-limited marketing campaigns or subscriptions in collaboration with other companies or organizations. Unlike the general forms of subscription, the special forms of subscription may be targeted only at certain categories of people, such as only members of a particular organization. Written information about the Special Provisions that apply to a specific subscription is provided before you subscribe and is confirmed by email after you have subscribed. Special Provisions for a specific form of subscription form part of the agreement with Nextory and thus supplement these Terms and Conditions. If Special Provisions for a specific subscription deviate from the provisions of these Terms and Conditions, the Special Provisions take precedence. Unless otherwise stated in the Special Provisions that apply to a specific subscription, you can choose which form of subscription you want and can switch to a different form of subscription at any time. If you switch to a form of subscription with a higher cost, the upgrade occurs immediately after switching, but you only pay the higher cost the next occasion payment is taken. If you switch to a lower-cost form of subscription, you will keep your existing subscription for the period you have already paid for and the new subscription will be valid from the subsequent billing period. Please note that the access you and other Users have to content may vary if you change your form of subscription. If you have a form of subscription that applies to only one User, you as a User cannot simultaneously enjoy content from multiple devices. If You have a multi-user form of subscription, the other Users and You can simultaneously enjoy content from the number of devices that corresponds to the number of Users covered by the subscription. Regardless of the form of subscription, you can enjoy content from different devices as long as it does not happen at the same time.

4. Initial trial period

If the subscription you have subscribed to includes an initial trial period, you have the opportunity to try the Service free of charge for an initial period from the time you subscribe to the subscription. If you have subscribed with multiple users, the Users covered by the subscription also have the same opportunity. If the subscription is terminated during the trial period, the access you and other Users of the Service have will cease immediately. The duration of the trial period is set out in the Special Provisions for the subscription and the last day of the trial period is stated in the confirmation of the subscription that you receive by email after you have registered your User Account. If you do not wish to continue with your subscription after the trial period, you can cancel the subscription via your User Account on the company's website no later than the last day of the trial period. If you have subscribed to us through a promotional offer from one of our Partners, the trial period may differ from what is stated in these Terms and Conditions or Special Provisions. Furthermore, in such a case, the trial period is campaign-specific and the promotional code for the trial period in question is personal and may only be used once.

5. Right to cancellation

In accordance with the Act (2005:59) on distance and off-premises contracts, you have the right to withdraw (cancel) the contract for subscription to the Service by submitting or sending a notice to Nextory within 14 days of the conclusion of the agreement. The right of withdrawal also applies when changing subscriptions, i.e., You have the option to undo a switch to another form of subscription by submitting or sending a message to Nextory about this within 14 natural days after contracting the Service. If you exercise the right of withdrawal when switching plans, the subscription will return to the previous form. If you paid a higher cost for the new subscription than you would have done if you had retained the previous subscription and the change is reversed within the withdrawal period, Nextory will offset the difference the next occasion payment is taken. You accept that the right of withdrawal is lost and no longer applies if you or any User covered by a subscription that you have subscribed to, during the withdrawal period, begins to stream or download any content covered by the subscription. If you wish to exercise the right of withdrawal, you can use a standard form called a "withdrawal form", which the Swedish Consumer Agency has drawn up and which can be downloaded on the Swedish Consumer Agency's website, www.konsumentverket.se, or requested from the Swedish Consumer Agency at +46 (0)771-42 33 00. You can also notify us that you are withdrawing from the agreement through your User Account or by contacting customer service.

6. More about your subscription

If you have neither canceled your subscription before the end of the trial period (in cases where the subscription includes an initial trial period) or withdrawn from the contract within the withdrawal period, the subscription will run either during the time-limited period set out in the Special Provisions of the subscription or, if the subscription is not limited in time, until it is terminated in accordance with the provisions concerning termination of subscriptions below, in these Terms and Conditions. The cost of the subscription is stated in the Special Provisions for the subscription and will be charged in advance for a period of 30 days at a time. The first billing period therefore runs for 30 days from the date of subscription or, if a trial period is included, from the first day following the end of the trial period. The second billing period runs for the next 30 days, etc. Information about the dates on which future payments are due will be provided in your User Account. In the case of payment by redemption of a gift card, instead of what is stated above, the subscription is paid in advance for the period specified in the terms of the gift card. The costs for the various forms of subscriptions include VAT. Any charges for data traffic over the Internet or mobile networks are not included in the costs. Nextory has the right to change the costs of the different forms of subscription as well as to introduce new forms of subscription or change the existing forms of subscription. Nextory is obligated to notify you of such changes by email to the email address associated with your User Account at least 30 days before they are to be applied. If you object to the changes, you have the option to cancel your subscription. If you do not cancel your subscription, the changes will apply from the date Nextory has specified in the email.

7. Payment

You can pay for your subscription using one of the methods listed on the company's website. You must register information that enables payment using one of these methods when You register your User Account and You must update the information of your own accord, for example, if the validity of a card You have registered expires or the card is blocked. From time to time, we offer gift cards and discount codes as described on the company's website or in the App. These are valid as payment as stated on the gift card or in the discount code. You can also pay for your subscription by redeeming gift cards. In such a case, if you wish to continue with the subscription after the end of the period specified in the gift card, you must redeem additional gift cards or register information that enables payment according to one of the methods listed on the company's website. If you redeem a gift card in order to pay for an existing subscription, payments using other methods are paused during the period covered by the gift card. When paying by card or direct debit, you are obliged to ensure that the necessary funds are available in the bank account to which the card or direct debit is linked in order to enable payment to Nextory on each occasion payment is taken. If the required funds are not available in your bank account, the validity period of your card has expired, the card has been blocked, or Nextory cannot, for any other reason, accept payment from you on an occasion specified in your User Account when payment will be taken, Nextory has the right to block your subscription. If your subscription is blocked, you will receive an email notification to the email address associated with your User Account. If you then enable Nextory to take payment without delay, Nextory will lift the block and reactivate your subscription. For more information on how to lift a block on your subscription, You can log in to your User Account or contact customer service. Receipts for your payments are made available in your User Account and can be downloaded and printed from there.

8. How to cancel a subscription that is valid until further notice

You can cancel a subscription that is valid until further notice by logging in to your User Account and canceling the subscription there. You can also cancel your subscription by contacting Nextory by other means. Time-limited subscriptions automatically expire at the end of the agreed subscription period.

9. Nextory's right to cancel your subscription

Nextory has the right to terminate your subscription with immediate effect if: It is not possible for Nextory to take payment using the payment information you have registered in your User Account; You or any User covered by your subscription has violated these Terms and Conditions, Special Provisions, applicable law, and/or acts in any other way that may cause harm to Nextory or third parties; or You or any User covered by your subscription has infringed on or contributed to any infringement of the intellectual property rights of Nextory, its licensors, or other interested third parties. Upon termination of subscriptions as described in (i) above, you can reactivate your previous subscription if you register data that enables payment to be taken and notify Nextory of this before your User Account is deleted. If Nextory has reasonable grounds to suspect that the circumstances set out in points (ii) or (iii) above exist, Nextory has the right to block your subscription pending investigation of the circumstances. You will not be charged for any costs while your subscription is blocked due to suspicion of misuse, and any prepaid amount for the time your subscription is blocked will be refunded to you if wrongdoing cannot be verified. Nextory has the right to terminate your subscription, subject to at least two months' notice, if Nextory decides to cease providing the Service or if Nextory decides to change the Service or the requirements/terms and conditions for providing the Service in any essential respect. Notification of the termination of your subscription will be sent to the email address associated with your User Account.

10. Availability, downtime, and faults

Nextory intends to keep the Service available 24 hours a day, seven days a week. However, Nextory cannot guarantee that the Service is free from errors and/or interruptions. In the event of a failure/interruption, Nextory does its best to remedy this without delay, with the least possible inconvenience to the User. Nextory reserves the right to change, cancel, update, and/or terminate features of the Service at any time, including – but not limited to – functionality, features, content, and visual appearance, regardless of whether warning is given of this or not, and to otherwise perform maintenance work in the Service. Any new content released in the Service is subject to the Terms and Conditions (and any Special Provisions). Any maintenance work shall be carried out promptly and in a manner that causes the least possible disruption for the User. Nextory's possible exercise of the aforementioned rights does not entitle the User to claim any compensation from Nextory. You agree that your subscription only entitles you to use the Service as it is actually designed at any time and with the content that it actually has at any time.

11. Complaints

If You wish to complain about the Service, You must do so without undue delay after You became aware of the circumstances on which the complaint is based and no later than three years after the circumstances occurred. Late complaints can result in you losing the right to a sanction. Complaints can be made orally or in writing to Nextory's customer service department.

12. Processing of personal data

The User's personal data is processed in accordance with Nextory's applicable privacy policy, which can be found at /privacy-policy , as well as applicable legislation.

13. The Service, software, and intellectual property rights

The User may only use the Service for their own private and non-commercial use. This means, among other things, that You cannot transfer your subscription to anyone else and that You may not allow anyone else to use the User Account, except for those Users who are covered by your subscription in accordance with applicable Special Provisions. The User receives a limited, non-exclusive, and non-transferable license to use the Service and its software provided through the App or other technical medium (the "Software"), its content, virtual objects, or other material for the User's personal, non-commercial use. Nextory retains all ownership and rights to the Software and any further developments or other configurations of the Software, including, but not limited to, source codes, designs, trademarks, and know-how. The User may not (a) re-license or otherwise make the Software available to third parties, (b) copy, decompile, attempt to identify source code, methods, algorithms, or procedures from the Software or otherwise engage in "reverse engineering", or modify, adapt, or create new works or software based on the Software, except as expressly stated in the mandatory provisions of applicable legislation, (c) remove, hide or circumvent Nextory's trademarks or copyright marks in the Software, or (d), attempt to circumvent licenses or other usage restrictions in the Software. The User may not copy or otherwise produce copies of the content accessed by the User through the Service and the User undertakes not to disseminate or otherwise make available to the public content or other material available in the Service. That prohibition also covers individual parts of content. Copying and other forms of duplication are not allowed, even for the User's private use. The User undertakes under no circumstances to circumvent any technical measures aimed at preventing the unlawful use of content. Exceptions from what has been stated above apply to such measures that are permitted under mandatory provisions in the Copyright Act, such as quotations.

14. Force Majeure

Nextory is always free from liability for breaches of the Terms and Conditions caused by events beyond Nextory's control, such as water damage, thunderstorms, fires, power outages, strikes, wars, pandemic, mobilization or military recruiting on a large scale, new or amended legislation, requisitions, seizures, government action, government regulations, conflict in the labor market, and related circumstances. If there is an impediment to the fulfillment of an obligation arising from the Terms and Conditions in accordance with this section, Nextory shall take any action that has been prevented due to such an impediment as soon as the impediment has ceased.

15. Limitations of liability etc.

The Service is delivered as is and Nextory makes no guarantees, express or implied, except as expressly stated in the Terms and Conditions and mandatory legislation. The User accepts that Nextory cannot be held responsible or liable for compensation if the User suffers direct or indirect damage or loss caused by, or in connection with, the use of the Service if such damage is not caused due to Nextory's negligent conduct. Nextory may at the same time be liable for the damage in question in accordance with the Terms and Conditions or mandatory legislation. On the company's website, from time to time, there may be links to websites that belong to third parties other than Nextory. Such websites are outside Nextory's control and Nextory is therefore not responsible for the content contained on them or for any damage caused in connection with the User's use of information/services found on such third-party websites.

16. Changes and transfer of the Terms and Conditions

The service is provided by Nextory. If Nextory transfers the Service to someone else, Nextory also has the right to transfer your subscription to them and Nextory's rights and obligations under the agreement with you concerning the subscription. Nextory also has the right in other cases to transfer or pledge claims on payment to third parties and to instruct subcontractors to provide parts of the Service. Nextory has the right to make changes to these Terms and Conditions. If Nextory applies this right, Nextory will inform you by email as soon as possible and at least 30 days before such changes are to be applied. You have the option to cancel your subscription if you do not agree to the amended Terms and Conditions referred to in this paragraph. If you do not cancel your subscription, the amended Terms and Conditions will apply from the date Nextory has specified in the email.

17. About Nextory and contact details

Nextory is a Swedish limited liability company with corporate registration number 556708-4149 and has the following contact details. Address: Norrtullsgatan 6, 113 29 Stockholm, Sweden Website: www.nextory.se Email: kundservice@nextory.se Phone: +46 8-411 17 15 Customer service opening hours are shown on www.nextory.se.

18. Applicable law and dispute resolution

These Terms and Conditions do not limit the rights that You as a consumer have under mandatory consumer protection rules that are in force and applicable at any time. The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with current Spanish legislation. The parties expressly submit, for any questions or differences that may arise due to the interpretation, fulfilment and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the purchaser or to those of the place of fulfilment of the contractual obligation. In order to file claims in the use of our services, you can contact us by mail to the electronic or physical address indicated in the "Identification" section, committing ourselves to seek at all times an amicable solution to the conflict. Swedish law (with the exception of Swedish choice of jurisdiction rules) applies to these Terms and Conditions. If a dispute arises between Nextory and the User that cannot be resolved amicably, the User has in many cases the opportunity to have the dispute heard by the National Board for Consumer Complaints (ARN), Box 174, SE-101 23 Stockholm, www.arn.se. The EU Commission also offers consumers and companies the opportunity to settle disputes through an online procedure; see http://ec.europa.eu/consumers/odr/. If a dispute between Nextory and the User cannot be resolved amicably or out of court, the dispute shall be finally settled by a Swedish general court.