Terms of use

General

These terms and conditions of use (the ”Terms”) apply to the products, features, and services provided by the Swedish company Cappy AB, reg. no 559267-1357 (the “Supplier”) to registered Users through the Supplier’s mobile application (the “App“), web application, or other authenticated digital interfaces (collectively “Cappy”). The Terms do not apply merely because a person visits the Supplier’s public website.

Employers that are connected to Cappy constitute “Employers” under these Terms. “User” means a natural person who has registered a personal user account with Cappy and who uses or has access to Cappy. A User may, from time to time, be employed by one or more Employers that are connected to Cappy. When a User registers a user account with Cappy, the User undertakes to use Cappy in accordance with these Terms.

The Supplier and the User are below referred to separately as a “Party” and collectively as the “Parties”.

1. Use of Cappy

The User must be at least sixteen (16) years of age when registering a user account.

As long as the User has a registered user account, the User receives a non-exclusive, non-transferable and non-sub-licensable right to use Cappy. The User can close their Cappy account at any time, whereupon the Terms cease to apply.

The User is responsible for the information provided when using Cappy. The User is responsible for ensuring that the information is correct and that the User has the right to provide the information. The Supplier is not responsible for the completeness or accuracy of the information provided by the User in Cappy. The User may not use Cappy in such a way that the Supplier or another party suffers damage.

The User acknowledges that information, tips and recommendations provided through Cappy are based on general information from external sources such as the Swedish Tax Agency, the Swedish Consumer Agency and the Swedish Enforcement Authority, as well as information provided by Employers and information entered by the User, and do not constitute financial advice.

The User is responsible for providing all telephone, data, hardware, software and other equipment necessary for the User to access Cappy and is responsible for all costs associated therewith, including costs for mobile telephony and data. The User confirms that they are aware that the functionality of Cappy may be affected by changes in the operating system of the User’s device. It is the User’s responsibility to install updates to Cappy as they become available to ensure that Cappy works in the best possible way.

The User undertakes not to use or allow the use of Cappy in such a way that leads to threats or harassment of other people or that is otherwise prohibited by law.

The User may not bypass, remove, change or otherwise affect the technology and/or the security system that the Supplier uses to protect Cappy.

The Supplier has the right to suspend the User at any time from Cappy if Cappy is used in violation of these Terms or if it otherwise is necessary.

Certain functions in Cappy, including the ability to withdraw earned pay before regular payday, require the User to be employed by an Employer connected to Cappy. The Employer determines which of its employees are eligible to use such employer-related functions in Cappy. The Supplier takes no responsibility for any restrictions in the possibility of registering as a User as a result of the Employer’s decision.

The User acknowledges that the Employer is responsible for the payment of pay and other compensation facilitated through Cappy and accepts that the use of Cappy does not in any way mean that the Supplier assumes the Employer’s responsibilities as employer or its obligation to pay the User pay or other compensation for work performed.

The Cappy user account is personal and separate from any individual employment relationship. If the User’s employment with an Employer ends, certain functions in Cappy that are linked to that Employer may cease or become unavailable. However, the user account may remain active and may be used for other available functions in Cappy or to connect the User to another Employer that uses Cappy.

2. Supplier’s undertakings

The Supplier shall provide Cappy in a professional manner.

The Supplier may engage sub-contractors in providing Cappy. The Supplier is responsible for the sub-contractor’s work as if the work was performed by the Supplier itself.

3. Withdrawal of earned pay

The User may withdraw earned pay and other compensation through Cappy. At any given time, the User may only withdraw an amount corresponding to the portion of such pay or other compensation that has been earned with the Employer at the time of the withdrawal.

The Supplier has the right, in accordance with the Employer’s instructions, to impose additional restrictions on the amounts that the User may withdraw in relation to their earned pay.

4. Payment of earned pay

When creating a user account in Cappy, the User undertakes to register their telephone number that is connected to Swish, through which the Supplier can make payments to the User. The Supplier, acting on behalf of the User’s Employer, pays earned pay and other compensation to the User via Swish. In order for Cappy to work, it is therefore necessary that the User register a telephone number that is connected to Swish. The User is responsible for ensuring that the telephone number that the User registers, and that the bank account to which the User’s Swish is connected, is correct and that it belongs to the User. If the Supplier makes a payment to anyone other than the User because the User has registered an incorrect telephone number, or because the bank account connected to Swish belongs to someone other than the User, the User shall hold the Supplier harmless.

The User is aware that the User’s regular pay is paid by the Employer on regular payday through a bank account administered by the Supplier. The User accepts that, when administering the Employer’s regular pay payment, the Supplier will deduct withdrawals of earned pay made by the User before the regular payday. This can also be deducted from a later pay day when so required.

5. Support

If the User needs support regarding Cappy, the User should first use the Supplier’s self-help-portal that is available in Swedish or English through Cappy. If the User does not find an answer to their question there, the User can turn to the Employer for support.

6. Changes to Cappy

The Supplier may, without prior notice to the User, make changes to Cappy or how Cappy is provided.

The Supplier has the right to introduce updates or new versions of Cappy within the scope of its maintenance, and to the extent the Supplier finds this suitable for Cappy. The Supplier may, even if it would cause inconvenience for the User, implement updates in Cappy to protect Cappy and for other security reasons.

7. Personal data

Before the User creates and activates a Cappy account, the Supplier may process certain personal data on behalf of the User’s Employer, for example to identify the User and enable the user account to be linked to the correct Employer. For such processing, the Employer is the data controller and the Supplier is the data processor.

When the User creates and activates their personal Cappy account, the Supplier is the data controller for processing activities where the Supplier determines the purposes and means of the processing within the direct relationship between the User and the Supplier.

At the same time, the Supplier may process certain personal data solely on behalf of the Employer, for example in connection with employer-controlled payroll and payment administration. For such processing, the Employer is the data controller and the Supplier is the data processor.

Information about how the Supplier processes personal data, the legal bases relied upon, how long personal data is retained, and the rights available to the User is set out in the Supplier’s Privacy Policy, as amended from time to time, which is available in Cappy and on the Supplier’s website.

Information about the Supplier’s use of cookies and similar technologies on its website and in its digital services is set out in the Supplier’s Cookie Policy.

8. Compensation and payment

The Supplier is entitled to charge an administrative fee for each withdrawal of earned pay through Cappy. The applicable fee is displayed in the App and includes VAT. The User acknowledges and accepts that the fee will be deducted on the regular payday in connection with the regular pay payment, or from a later pay payment where necessary.

9. Intellectual property rights

The Supplier and/or its licensors hold all rights, including all intellectual property rights, in and to Cappy and the software contained therein.

10. Termination of the supply agreement

Access to employer-related functions in Cappy is dependent on the supply agreement between the Supplier and the User’s Employer (the “Supply Agreement”). If the Supply Agreement is terminated, or if the User’s Employer fails to fulfil its obligations under the Supply Agreement, such employer-related functions may cease or become unavailable to the User.

However, the User’s personal Cappy account may remain active and may be used for other available functions in Cappy or to connect the User to another Employer that uses Cappy.

11. Confidentiality

The Supplier undertakes to keep the User’s personal data and other information that the Supplier processes about the User confidential, and not to disclose such personal data and other information to third parties other than the User’s Employer, unless disclosure is required by law, regulation or a decision by a public authority.

The Supplier is not required to keep the User’s information confidential to the extent disclosure or use of such information is necessary for the Supplier to defend itself against complaints, allegations or legal claims, or to comply with obligations under applicable law.

12. Errors in Cappy

The Supplier makes no guarantees regarding the availability of Cappy. The Supplier has the right to remedy any errors in Cappy within the scope of its maintenance, or alternatively by providing a new version of Cappy.

13. Limitation of liability

The Supplier is not liable for damage suffered by the User or third parties which is caused by i) the User’s use of Cappy in violation of these Terms, ii) viruses, other malicious software or errors in the technology, or iii) loss of data or data confidentiality in connection with the transmission of information through mobile or fixed network during use of Cappy.

The User understands that a prerequisite for payroll processing through Cappy is that the Supplier must be able to rely on the accuracy of the information in the User’s Employer’s payroll management system and other systems. The Supplier is not liable for any damage due to the Supplier having received incorrect information from the User’s Employer’s system.

The User further understands that it is the User’s Employer who is responsible for making the User’s pay available for payment by the Supplier, on behalf of the Employer, through Cappy to the User. The Supplier is not liable for errors or damage due to the User’s Employer not fulfilling its obligations in this regard.

14. Right of withdrawal

The User has the right to withdraw from the agreement to use Cappy based on these Terms (right of withdrawal), by notifying the Supplier of the withdrawal within 14 days from the registration of the user account (withdrawal period). The User does not, however, have a right of withdrawal in respect of withdrawals of earned pay made before the regular payday. If the User exercises their right of withdrawal, the User will thus have to pay compensation to the Supplier for withdrawals of earned pay made during the withdrawal period.

15. Changes to the Terms

These Terms apply until further notice. The Supplier has the right to change these Terms without prior notice and with immediate effect when it is prompted by law, regulation or decision by a public authority, is necessary for the operation of Cappy, or is to the User’s benefit.

In other cases when changes are of material importance to the User, the changes are made with two months’ notice before changes come into effect. Notice about changes to these Terms will be made through the App or through e-mail and when necessary the User must approve the changed Terms through the App in order to get access to updates of Cappy that require such approval.

If the User does not accept the changes of the Terms, the User has the opportunity to close their user account through the App or the Supplier’s self-help-portal. If the User continues to use Cappy after the changes in the Terms have entered into force, the User shall be bound by the changes.

16. Miscellaneous

The User may not transfer or assign their rights or obligations under these Terms, or their user account, without the Supplier’s written consent.

17. Disputes

These Terms shall be governed by Swedish law.

The User always has the right to refer a dispute to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, “ARN”). ARN’s decisions are not binding but constitute recommendations. Further information about ARN and its contact details is available at www.arn.se.

The User also has the right to bring a claim before a court of competent jurisdiction. Disputes arising out of or in connection with these Terms shall be determined by the Swedish general courts, with Gothenburg District Court as the court of first instance.