Terms of use

General

These terms and conditions of use (the ”Terms”) shall be applicable for the products, features, and services (“Cappy”) provided by the Swedish company Cappy AB, reg. no 559267-1357 (the “Supplier”) through the Suppliers mobile application (the “App“). The App can in addition to the Supplier’s mobile application also include the Supplier’s other services, website, or other technical means through which the Supplier from time to time makes Cappy available for the User and which the User chooses to use to get access to Cappy.

Employers that are connected to Cappy constitute “Employers” and people who use the App and from time to time can be employees to Employers “Users” in accordance with these Terms. 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 sixteen (16) years old at the time of registration of 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 deregister from Cappy 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. Users may not use Cappy in such a way that the Supplier or another party suffer damage.

The User is aware that information, tips and recommendations provided through Cappy relies on information from external sources such as Swedish Tax Authority, Swedish Consumer Agency, Swedish Enforcement Authority, as well as information from Employers and information provided by the User, and is not to be equated with financial advice.

The User is responsible to provide 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 continuously install updates to Cappy to ensure that it works in the best possible way.

The User undertakes not to use or allow the use of the Service 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 with these Terms or if it otherwise is necessary.

Cappy enables the User to gain access to part of their earned pay before regular payday. A condition for the User to be able to use Cappy is that the User is employed by an Employer connected to Cappy. It is the Employer who decides which of its employees who shall have the right to use Cappy, and 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 is aware that the Employer is responsible for payment of the pay made with the support of Cappy and accepts that the use of Cappy does not in any way mean that the Supplier takes over the User’s Employer’s responsibility as employer, nor the Employer’s obligation to pay pay to the User in consideration for work performed.

2. Supplier’s undertakings

The Supplier shall provide Cappy in a professional manner.

The Supplier may engage sub-contractors for 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 can withdraw earned pay through Cappy. At any given time, the User can only withdraw pay corresponding to the amount that has been earned with the Employer at the time of the withdrawal. The Supplier has the right to, in accordance with the Employer’s instructions, impose additional restrictions regarding the amounts that the User can withdraw in relation to their earned pay.

4. Payment of earned pay

When creating a user account in Cappy, the User undertakes to register its telephone number that is connected to Swish, through which the Supplier can make payments to the User. Payment of earned pay is made by the Supplier, on behalf of the User’s Employer, to the User through Swish. In order for the Service 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 the Supplier’s administration of the regular pay payment on behalf of the Employer is done with a deduction for the withdrawal of earned pay that the User has made before 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 may primarily turn to 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, impose updates in Cappy to protect Cappy and for other security reasons.

7. Personal data

The Supplier is a data processor in relation to the User’s Employer for the personal data that the Supplier processes in order to enable registration in Cappy, to administer the withdrawal of earned pay before regular payday, and to administer regular pay payments that are made through Cappy.

In regards to the rest of the processing of the User’s personal data that takes place in Cappy, the Supplier is the data controller.

The User receives information about how the Supplier processes personal data through the Supplier’s privacy policy applicable from time to time provided in connection with the registration of the user account. The Supplier’s privacy policy applicable from time to time is also available through Cappy and on the Supplier’s website.

8. Compensation and payment

The Supplier is entitled to compensation in the form of an administrative fee per withdrawal of earned pay through Cappy. The fee is stated in the App and is stated including VAT. The User is aware of and accepts that the fee is settled on the pay day in connection with the regular pay payments, or on a later pay day when so required.

9. Intellectual property rights

The Supplier and/or the Supplier’s licensors holds all rights, including intellectual property rights, to Cappy and the software contained therein.

10. The Termination of the supply agreement

The User’s access to 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 does not fulfill its obligations under the Supply Agreement, the User is no longer entitled to access or use 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 otherwise is provided by law, regulations or decisions by public authorities. The Supplier is not obliged to keep the User’s information confidential if it is necessary for the Supplier in order to be able to defend itself against complaints, blame or legal claims aimed against the Supplier or to fulfill obligations under law.

12. Faults 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 that may affect the User or third parties which is caused by i) the User’s use of Cappy in violation of these Terms, ii) viruses, other detrimental software or errors in the technology, or iii) loss of data or data confidentiality in connection with the transmission of information through mobile or local network during use of Cappy.

The User understands that a prerequisite for managing pay with Cappy is that the Supplier can rely on the information in the User’s Employer’s payroll management system and other systems being correct. 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 the Employer’s assignment, 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 however not have a right to withdraw from single withdrawals of earned pay made before the regular payday. If the User uses its 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 authority decision, is necessary for the operation of Cappy, or is for your 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 requires this.

If the User does not accept the changes of the Terms, the User has the opportunity to terminate its user account through the Supplier’s self-help-portal. If the User continues to use Cappy after the changes in the Terms has 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 material law.

The User always has the right to turn to Sweden’s National Board for Consumer Disputes (the “NBCD”) to have a possible dispute tried. However, the decision of the NBCD is not binding and only constitutes a recommendation. More information about the NBCD and contact information can be found at www.arn.se. The user can also turn to the EU’s online platform for help in resolving any disputes. The EU’s online platform is accessible through the following link: http://ec.europa.eu/odr.

Disputes arising as a result of the Terms shall be decided by Swedish general courts with Gothenburg district court as the first instance.