Terms.
1. Parties and scope
The Verka service is provided by MS Communication AB, corporate identity number 559589-1648, Gothenburg, Sweden ("Verka"). These terms apply between Verka and the company that uses the service (the "Customer").
Verka is provided to businesses only. Anyone accepting these terms on behalf of the Customer must be authorised to represent the Customer.
These terms, the privacy policy and the data processing agreement together form the agreement between the parties. Where the parties have signed a written agreement, it takes precedence over these terms to the extent they differ.
Contact: hello@verka.io
2. The service
Verka monitors the marketing accounts the Customer connects, the Customer's search data and the wider market, and proposes concrete actions. The service is built on Verka proposing, the Customer approving and Verka then carrying out the action.
Verka carries out approved actions in the Customer's Google Ads account and by publishing to the social channels the Customer has connected. Changes to the Customer's own website, for example for search engine optimisation, are made by the Customer.
3. Agreement, price and payment
The agreement is entered into when the Customer has accepted a plan. The price is stated per month excluding VAT and appears on the pricing page or in the Customer's quote.
Fees are invoiced monthly in advance with 30 days' payment terms. If payment is not made, Verka may, after a reminder and 14 days' notice, suspend the service until payment has been received. Late payment interest accrues under the Swedish Interest Act.
Price changes are notified in writing at least 60 days before they take effect. The Customer may then terminate the agreement with effect from the date the new price applies.
Advertising costs and other third-party fees are paid by the Customer directly to the relevant platform.
4. Term and termination
The agreement runs until further notice with one month's mutual notice, counted from the next turn of the month. Notice is given in writing to hello@verka.io.
Either party may terminate the agreement with immediate effect if the other party materially breaches it and has not remedied the breach within 30 days of written notice. Verka may suspend the Customer's access immediately in the event of use that violates section 6.
When the agreement ends, the Customer's access is closed. Before then, the Customer may request an export of the content it has approved. Customer Data is deleted 30 days after the agreement has ended, except where the law requires longer retention. Backups held by subprocessors may remain for a limited time thereafter. Changes Verka has made in the Customer's connected accounts remain in those accounts.
5. Customer responsibilities
The Customer is responsible for having the right to connect the accounts linked to the service and for ensuring that the connection complies with each platform's terms. The Customer is responsible for its login credentials and for everything done with them.
Proposals are produced with the help of AI, may contain errors and serve as a basis for the Customer's decisions. The Customer reviews each proposal before approving it. An approval is the Customer's decision, and the Customer is responsible for ensuring that approved content and approved actions are lawful and comply with the rules of the platforms where they are published or carried out.
6. Acceptable use
The Customer may not:
- use the service for unlawful, fraudulent or misleading activities
- publish content that is hateful, harassing, defamatory or discriminatory, or that breaches the rules of connected platforms
- copy, decompile or scrape the service, or test its security without Verka's written consent
- use the service to circumvent platform policy checks or security measures
- resell the service without a written agreement with Verka
7. Third-party platforms
The service relies on other providers' systems, including Google, Meta and Anthropic. Verka is not responsible for outages, changed terms, fees or withdrawn access on their side. Features that require a platform's approval may be added or removed without this constituting a breach of the agreement, provided the main content of the service remains.
8. Intellectual property
The service, its software, design and brand belong to Verka. During the term of the agreement, the Customer receives a non-exclusive, non-transferable right to use the service in its business.
Content the Customer has approved belongs to the Customer. Verka may use Customer Data and approved content to deliver the service, including measuring the outcome of approved actions.
9. Customer data, personal data and confidentiality
Customer Data is data the Customer provides to the service or that arises from the Customer's use of it. Verka processes Customer Data to deliver the service and in accordance with the privacy policy.
When Verka processes personal data on the Customer's behalf, Verka acts as a data processor and the processing is governed by a data processing agreement. The Customer receives the agreement on request from hello@verka.io.
Neither party may disclose the other party's confidential information to third parties, and each may use it only to perform the agreement. Confidentiality applies during the term of the agreement and for three years thereafter.
10. Operations and support
Verka gives no guarantee of the service's availability and no guaranteed service level. Support questions are sent to hello@verka.io.
11. Liability
Verka is liable only for direct loss caused by the service carrying out an action without the Customer's approval, or something other than what the Customer approved. The burden of proof lies with the Customer.
Verka is not liable for:
- the consequences of an action carried out as the Customer approved it
- indirect loss, such as loss of profit, loss of sales or loss of goodwill
- the Customer's advertising costs or third-party fees
- actions, decisions or outages on third-party platforms, including suspended accounts
- proposals the Customer has implemented itself outside the service
Verka does not guarantee any particular result from the service.
Verka's total liability under the agreement is limited to the fees the Customer has paid during the twelve months preceding the loss. These limitations do not apply to the extent mandatory law provides otherwise, such as in cases of intent or gross negligence.
Claims must be made in writing within 60 days of the Customer discovering, or when it should have discovered, the loss. Otherwise the claim lapses.
12. Force majeure
Neither party is liable for obligations it cannot perform due to circumstances beyond its control that it could not reasonably have foreseen or avoided, such as government decisions, war, industrial action or a major outage at an infrastructure provider.
13. Changes to these terms
Verka may change these terms. Changes are notified to the Customer by email at least 30 days before they take effect. The same applies to changes to the service that materially reduce its main content. If the Customer does not accept a change, the Customer may terminate the agreement with effect from the date the change takes effect.
14. Governing law and disputes
The agreement is governed by Swedish law. Disputes are settled by the general courts of Sweden, with the Gothenburg District Court as the court of first instance.