1. Background

  1. Fortnox AB (”Fortnox”) provides an API (the ”API”) on the website http://developer.fortnox.se, which provides you access to information, code and other material (the ”API-content”).
  2. These terms of licence (the “Agreement”) describe under what conditions the API is provided, how you are expected to use the API and what your rights and obligations are when using the API-content in your own products or services.
  3. By accepting the terms of this Agreement you certify that you have read, understood and accept the terms set out herein and in the documents referred to in this Agreement.
  4. Please note that any use of Fortnox’s products and services, including the right to integrate such products and services with other software products, is licensed under separate terms of use available at http://www.fortnox.se.

2. License

  1. Fortnox hereby grants you a non-exclusive, non-assignable, non- transferable and revocable licence to use the API in accordance with this Agreement. This licence, and the products and services which you develop under the licence, do not constitute any limitation in Fortnox’s or our data sources’ right to freely use, develop, amend and to stop providing the API, the API-content and related products and services.
  2. As further set out below, we will keep you updated on changes to the API and our ability to provide the API.

3. Intellectual Property Rights

  1. Fortnox and/or the third parties with which we are cooperating hold the ownership and the intellectual property rights to the API. Unless you have received our express written consent you are not entitled to claim the ownership of, publish, copy, assign, transfer, license or otherwise dispose of the intellectual property rights to the source code or call structure of the API.
  2. By submitting requests to the API, you grant Fortnox a non-exclusive, non-assignable and non- transferable licence to refer to your trade name and any products and services in which the API-content is used (including any trademarks which you hold for such products or services), for the purpose of indicating that you are using the API. Fortnox’s right to use your trade name and trademark is limited to source references for this purpose.

4. Processing of Personal Data

  1. In order to access the API-content and to be able to submit request to the API, you need to register certain personal data pertaining to you. By registering your personal data, you accept that Fortnox processes your personal data for the purpose of administrating, supervising and enabling your use of the API, and that Fortnox, acting as a data controller in accordance with the Personal Data Act (Personuppgiftslag (1998:204), processes your personal data in accordance with the Personal Data Act
  2. When providing the API and API-content, Fortnox may process personal data for which you are acting as a data controller in accordance with the Personal Data Act. When processing such personal data, Fortnox acts on your behalf as your processor. Fortnox may only process such personal data in accordance with your instructions, in order to provide the API and API-content and to otherwise fulfil Fortnox’s obligations. Fortnox shall implement technical and organizational security measures in order to protect the personal data. Fortnox may use subcontractors for the processing, provided that Fortnox enters into a written subprocessing agreement with such subcontractor on your behalf. Such agreement shall provide corresponding rights and protection in relation to the personal data as set out herein.

5. Technical Requirements and Limitations

You may only connect to the API in the way set out in our instructions and you are not entitled to use any technical means to gain unauthorized access to, disturb or deactivate the API. This includes, but is not limited to, that you undertake not to introduce viruses, worms, Trojan horses or other forms of malware in the API or on the website where the API is provided.

6. Other Requirements of Use

  1. You have to be 18 years of age to enter into this Agreement and to access the API.
  2. It is your responsibility to keep your registered contact information updated, to ensure that Fortnox can contact you for example in case changes are made in the API.
  3. You are not entitled to use the API or the API-content for products and services which may harm Fortnox’s business or which in Fortnox’s opinion violates our interests.
  4. You are not entitled to use the API or the API-content for products or services which are in breach of or which allude to the breach of applicable laws and regulations.
  5. If you have any questions regarding the limitations set out in this section ”Other requirements of use” or if you wish to use the API or the API-content in any other way than as set out in this section, you may contact us at integration@fortnox.se. You are however not entitled to commence such use before you have received our written consent.

7. Liability

  1. We strive to constantly improve the API and welcome you to inform us of any errors or defects in your user experience by sending us a message at integration@fortnox.se. As further specified in this section ”Liability” we however have limited possibilities to correct errors or defects.
  2. You are aware and accept that Fortnox does not commit to, or provide any warranties regarding the quality, security, reliability, availability or performance of the API or the API-content. Accordingly, notwithstanding what is set out in our Technical Documentation (http://developer.fortnox.se), Policy for Change Management (http://developer.fortnox.se/change-policy/) or other descriptions of the API’s function where the API is provided, you cannot expect that the API is error free, free from security issues, updated, or a suitable data source for the products or services you intend to use the API for.
  3. You are aware and accept that you use the API at your own risk and that Fortnox is not liable for any direct or indirect damage which you may suffer due to your use of, respectively your inability to use, the API or the API-content. In this Agreement, indirect damage shall be interpreted to mean for example loss of profit, loss of use of your products or services, reimbursement for the use of a replacing service, loss of data, costs for trouble shooting, loss of goodwill and damage due to viruses and other security related issues.
  4. By generating data and information to the API, you accept that you are responsible for your right to publish and distribute such information, including but not limited to a responsibility to ensure that you (i) do not violate any third party’s intellectual property rights, (ii) are entitled to distribute any personal data, (iii) do not distribute information in breach of, or which allude to the breach of, applicable laws and regulations.
  5. You undertake to indemnify Fortnox, our partners and employees against any claims from third parties pertaining to your use of the API or the API-content in breach of this Agreement.

8. Changes

  1. We reserve the right to update and change the API, the API-content and this Agreement in accordance with our Change Policy (http://developer.fortnox.se/change-policy/). The change policy sets out which changes may occur, how changes are communicated to you and how long in advance.
  2. Changes to this Agreement are documented by the issuance of a new version of these terms. Each new version will be provided with a new version number, set out at the end of the document.
  3. By continuing to use the API after a change has been executed, out you confirm that you accept the change. If you do not accept a change you are no longer entitled to use the API and must discontinue your connection to the API in accordance with the section ”Term and Termination” below.

9. Terms and Conditions

  1. This Agreement, and your licence to the API, enters into force when you accept this Agreement, and remains in force as long as Fortnox provides the API, unless previously terminated in accordance with this section “Term and Termination”.
  2. Fortnox reserves the right to immediately terminate this Agreement and to discontinue your use of the API if you use the API or the API-content in breach of the provisions set out herein. We also reserve the right to, based on our reasonable assessment and following notice to you, in accordance with our Change Policy (http://developer.fortnox.se/change-policy/), permanently or temporarily discontinue the API or the API-content in part or in its entirety.
  3. You are entitled to at any time, without grounds and without cost terminate this Agreement. Such termination is carried out by discontinuing your use of the API by deregistering your account on Fortnox’s website.
  4. If your right to use the API is terminated, you are liable to immediately discontinue and erase your connection to the API and any references to our trade name and our trademarks used in your products or services.

10. Miscellaneous

  1. This Agreement constitutes the entire agreement on all matters concerning your right to use the API and the API-content. Changes in or amendments to this Agreement other than new versions in accordance with the section ”Changes” above shall, in order to be valid, be carried out by way of written confirmation from Fortnox.
  2. You are not entitled to transfer your rights and obligations under this Agreement to a third party. Fortnox reserves the right to, after notice to you, assign the Agreement to any of our group companies or to a third party which acquire our business, in part or in its entirety.
  3. If and to the extent that any of your obligations, or any limitation of your rights in accordance with this Agreement, are not valid because of your rights as a consumer, they shall not be applicable to you. Accordingly, nothing in this Agreement is intended to exclude or limit your lawful rights as a consumer.
  4. This Agreement shall be governed by and construed in accordance with the laws of Sweden.
  5. 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 in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC 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 SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The parties may always apply to the competent Swedish court or other authority if the amount in the dispute is less than SEK 100,000.

 


This licence is based on the Swedish API License (http://apilicens.se/) but has been adapted by Fortnox AB.