Fibbler General Terms and Conditions for Software as a Service (SaaS)

1.1These general terms and conditions (“Terms”) apply to the services provided by Fibbler AB, Reg. No. 559476-3491 (“Fibbler”) to the customer (“Customer”) as a software as a service. These Terms form part of the agreement together with any documented order form agreed between Fibbler and the Customer in writing (the “Agreement”), if applicable.

1.2By entering into the Agreement or using the Services, the Customer accepts these Terms.

1.3These Terms take precedence over any conflicting terms in the Customer’s correspondence or documentation with Fibbler, unless otherwise agreed in writing by both Parties.

1.4Where applicable, the Agreement consists of the following documents, listed in order of priority (highest first):

• The Terms.
• DPA (if applicable).
• Any documented order form as set out in Section 1.1.

1.5Fibbler and the Customer are hereinafter individually referred to as a “Party” and jointly as the “Parties”.

2.1The “Services” refers to the services provided by Fibbler to the Customer as described at https://www.fibbler.co/, including support, onboarding, and any related or future added services.

2.2The Services are normally available online at https://app.fibbler.co/login, accessible via supported and properly configured web browsers.

2.3The Services are provided on an “as is” basis. The Customer’s right to use the Services is not tied to any particular version. Fibbler may update or change the Services at any time and is not obligated to deliver any future version or functionality. Fibbler will use reasonable efforts to minimise disruption.

2.4The Services begin on the agreed start date (unless delayed by the Customer) and continue for the duration set out in the Agreement (“Subscription Period”).

2.5During the Subscription Period, the Customer receives a non-exclusive, non-transferable right to use the Services in accordance with the Agreement and these Terms, subject to payment of the applicable fees.

2.6Fibbler may temporarily limit availability of the Services for technical, operational, or security reasons. The Customer will be informed in advance of planned downtime. Unplanned downtime may also occur, and Fibbler will resolve issues within its control within a reasonable timeframe.

3.1The Customer shall pay the fees specified in the Agreement or as otherwise agreed. Subscriptions may be billed monthly or annually. If no specific fee is agreed, Fibbler’s current prices apply. All fees are charged via credit card through Stripe in advance at the start of each Subscription Period. All sales are final and no refunds are offered unless expressly stated in these Terms. All fees are exclusive of applicable taxes, which are the Customer’s responsibility.

3.2Fibbler may adjust the subscription fee on January 1st each year with reasonable advance notice. If Fibbler increases the fee, the Customer may terminate the Agreement immediately but may continue using the Services for the remainder of the already paid Subscription Period.

3.3The Customer’s credit card will be charged on a recurring basis until the Customer cancels the subscription in accordance with Section 8.3. If a charge is declined or otherwise fails, Fibbler may retry the payment. If payment has not been received within five days of the initial charge attempt, Fibbler may suspend the Customer’s access to the Services until full payment has been made, or terminate the Agreement with immediate effect by providing written notice to the Customer. If the Customer cancels the subscription in accordance with Section 8.3, but uses recurring payments, it shall be the Customer’s sole responsibility to cancel the recurring payment arrangement.

3.4The Customer is responsible for ensuring that its credit card information registered with Fibbler remains accurate, current, and valid at all times. Fibbler shall not be liable for any interruption of the Services resulting from the Customer’s failure to maintain up-to-date payment information.

4.1The Customer is not entitled to transfer or assign, in whole or in part, any right to use the Services to a third party, unless prior written approval is obtained from Fibbler, which shall not be unreasonably withheld in the case of a merger, acquisition, or sale of all or substantially all of the Customer’s assets.

4.2The Services require a secure internet connection. The Customer is responsible for maintaining appropriate hardware, software, and network access.

4.3Upon registration, the Customer shall provide accurate and complete information and keep it up-to-date at all times.

5.1Fibbler shall provide reasonable support via the support function within the Services.

5.2Fibbler may use subcontractors to provide the Services. Fibbler remains responsible for any such subcontractor’s work (subject to the limitations in the Agreement) and will ensure they comply with confidentiality and data protection obligations. Fibbler may change subcontractors at any time without prior notice.

5.3Except as specifically set out in the Agreement and to the fullest extent permitted by the applicable law, Fibbler excludes all implied, statutory or express warranties, including but not limited to any implied or statutory warranty and condition regarding merchantability, title, accuracy, integrity, performance, satisfactory quality, results, fitness for a particular purpose or non-infringement of third parties’ rights.

5.4Fibbler does not warrant the accuracy or completeness of any data processed through, uploaded to, or gathered from the Services, including data provided by third parties. Fibbler has no responsibility or liability for:

• Errors, mistakes, or inaccuracies in content and materials accessed through the Services.
• Unauthorised access to or use of Fibbler’s servers and/or any and all information and/or data stored therein.
• Interruption or cessation of transmission to or from the Services.
• Malicious code, or the like, which may be transmitted to or through the Services by any third party.
• Loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

5.5While Fibbler will take commercially reasonable security measures to protect Customer Data (as defined in Section 9.4), Fibbler does not provide any kind of warranty in relation to the availability of the Services in the context of cyber-attacks, cyber outages or the prevention of loss of, alteration of, or improper access to, the Customer Data, to the extent that such events are outside of Fibbler’s reasonable control.

5.6Fibbler reserves the right to monitor the use of the Services and to withhold, remove, and/or discard any data and/or suspend the Services if reasonably necessary to prevent or address a breach of the Agreement, until such breach is remedied. Fibbler will provide notice before suspension whenever reasonably practicable, unless immediate action is deemed necessary to protect the security or integrity of the Services.

5.7Fibbler is not responsible for the content or validity of files, data, or documents generated through the Services, or for any decisions or actions taken based on the output of the Services.

5.8Fibbler shall have no liability hereunder with respect to any infringement claim resulting from:

• Any combined use of the Services with any third-party services, data, material or software not approved by Fibbler.
• Cases of non-conformance with Fibbler’s instructions or in case of alteration of the Services by any person other than Fibbler or any third party acting under its control for use.
• The Customer’s software, systems, materials, equipment and data.
• The Customer continuing the allegedly infringing activity after being notified thereof or after being notified of or provided with the modifications or replacements that would have avoided the alleged infringements.
• The Customer’s misconduct or negligence.

5.9If Fibbler determines that any part of the Services is or is likely to be the subject of an infringement claim, Fibbler may, at its sole discretion:

• Replace or modify this part to make it non-infringing while having substantially equivalent functionality.
• Procure, at no additional costs to the Customer, the right to use such part of the Services.
• If none of the foregoing alternatives are commercially feasible even after Fibbler’s commercially reasonable efforts, withdraw the infringing element and, by giving written notice as far in advance as is reasonably possible, refund to the Customer any fees paid in advance for the use of such part of the Services (pro-rata portion of the fees paid and allocable to the period after such termination).

6.1The Customer shall provide the information and documentation requested by Fibbler and possess the equipment and software necessary for Fibbler to provide the Services and fulfil its obligations under the Agreement.

6.2The Customer is responsible for ensuring that login details and other information provided by Fibbler are handled with confidentiality in accordance with Section 10. The Customer shall use strong passwords. The Customer shall immediately notify Fibbler at support@fibbler.co if an unauthorised person has gained knowledge of information referred to in this Section 6.2 or other unauthorised intrusion, attempted unauthorised intrusion or security incident has occurred that may affect the Services.

6.3The Customer is responsible for ensuring that the Customer and, if applicable, any individuals within the Customer’s organisation (e.g. employees or consultants) who have access to the Services use them in accordance with the Agreement, these Terms and in accordance with any instructions referred to by Fibbler.

6.4The Customer shall not create multiple accounts to circumvent any trial period or other usage limitations. If the Services are subject to any limitation in regard to volumes of data transfer and/or storage, the Customer shall not exceed those limits.

6.5The Customer shall ensure that the Customer Data (as defined in Section 9.4) is free from malicious code and cannot otherwise damage or adversely affect Fibbler’s system or the Services. The Customer shall further ensure that users utilise the Services responsibly, without causing overloads or engaging in unfair usage that disrupts functionality.

6.6The Customer shall ensure that it has the necessary rights in relation to the data it uploads and processes, and warrants that its data does not infringe upon the intellectual property rights, privacy rights (including rights and obligations related to sensitive personal data), or any other rights of any third party. Fibbler shall accept no responsibility for the content and legality of the data provided to the Services by the Customer. Fibbler shall have no obligation to check the legality of the data stored by the Customer.

6.7If a third party asserts that the data provided to the Services by the Customer infringes its rights, Fibbler is entitled to block the data completely or temporarily, after providing the Customer with notice whenever reasonably practicable. In this case, Fibbler may require the Customer to immediately cease the infringement or to demonstrate the legality of the data. If the Customer does not comply with this request, this shall constitute a material breach.

6.8The Customer undertakes to use the Services only for the purposes and in the manner expressly permitted by the Agreement, for the sole purposes for which they were designed and in accordance with all applicable national and international legislation and in a responsible manner.

6.9The Customer undertakes that the Customer:

• Shall not disassemble, reproduce, translate, adapt, modify, decompile, reverse engineer, or reverse compile any part of the Services, except to make a back-up copy solely for recovery purposes which shall be marked as a back-up copy, or make any attempt to discover their source code, nor rent, lease, sublicense, resell for profit, transfer, loan, distribute or modify the Services or any component thereof, unless expressly authorised by Fibbler as confirmed in writing.
• Shall not access the Services through scraping, bots, or any automated means except through officially provided APIs.
• Shall not interfere with security features.

6.10The Customer undertakes to defend, indemnify and hold Fibbler harmless against and from all claims, demands, suits, actions, or proceedings, and shall reimburse Fibbler for damages, costs, penalties and expenses payable to the party bringing such action to the extent that they are awarded in a final judgment or agreed to in settlement, as a result of the Customer’s use of the Services, modifications made to the Services that are not permitted by Fibbler, or misuse, fraud or inaccurate submission, receipt or distribution of any data transmitted through the Services.

7.1Fibbler (or its licensors) holds at all times the intellectual property rights associated with the Services and the changes made thereto.

7.2The Customer retains all rights and ownership of any Customer Data (as defined in Section 9.4). Fibbler makes no claims to any intellectual property rights or ownership of any kind regarding the Customer Data that has been transferred to or from the Services. However, Fibbler has the right, during the term of the Agreement, to use the Customer Data in accordance with Section 9.4.

7.3Trademarks, product names and company names mentioned in the Services shall remain the property of the respective right holders. However, Fibbler is entitled to use the Customer’s name, trademark and logo for marketing purposes, upon written permission given by the Customer.

8.1The Agreement shall remain in effect from the day the Agreement is entered into, to the end of the Subscription Period, unless earlier terminated in accordance with these Terms. Unless otherwise agreed or unless the Customer cancels the subscription in accordance with Section 8.3, the Subscription Period shall automatically renew for successive periods equal to the initial Subscription Period.

8.2The Subscription Period may be either monthly or annual, as agreed between the Parties or as selected by the Customer at the time of subscription. In the event that no Subscription Period is specified in the Agreement, the subscription is for an initial period of one month starting from the day the Agreement is entered into.

8.3The Customer may cancel the subscription at any time through the account settings within the Services. Upon cancellation, the Customer’s access to the Services shall remain active until the end of the then-current Subscription Period. No partial refunds shall be issued for the remainder of any Subscription Period if the Customer cancels the subscription in accordance with this Section 8.3.

8.4Either Party has the right to terminate the Agreement if the other Party (i) breaches any of its obligations under the Agreement and fails to make good such breach within 30 days after written notice or (ii) is declared bankrupt, suspends its payments, makes a composition with its creditors, commences a company reorganisation and security is not provided for future payments upon the terminating Party’s request, or otherwise becomes insolvent.

9.1If applicable and with regard to the processing of personal data by Fibbler on behalf of the Customer within the scope of application of the Regulation (EU) 2016/679 (“GDPR”), the Parties shall conclude a data processing agreement pursuant to Art. 28 of the GDPR.

9.2Fibbler stores company-level and deal/opportunity data from the Customer’s connected customer relationship management system (“CRM”), including company names, domains, deal amounts, deal stages, and related metadata (“CRM Data”) to power attribution, analytics, and reporting features. The CRM Data is synchronised on a regular schedule while the Customer’s CRM integration remains connected. If the Customer does not want Fibbler to store its CRM Data, the Customer may opt out by contacting support@fibbler.co. Opting out may limit the availability of certain features of the Services. CRM Data shall constitute Customer Data (as defined below).

9.3Fibbler provides a model context protocol server (“MCP”) that allows the Customer to connect the Customer Data (as defined below) to third-party large language models. MCP requires CRM Data storage. By using MCP, the Customer acknowledges that: (i) the Customer is responsible for securing its API key and controlling which AI tools have access to the Customer Data (as defined below); (ii) data returned through MCP constitutes Customer Data (as defined below) and is subject to the terms of the Agreement; (iii) Fibbler is not responsible for how third-party AI tools process, store, or display data retrieved through MCP; and (iv) MCP access is rate-limited and abuse may result in suspension of API access.

9.4The Customer grants Fibbler the right to process, itself or through third parties, any and all data provided by the Customer and users to, or generated through the use of, the Services, including CRM Data, advertising data, and analytics results, for the purposes of providing the Services (“Customer Data”). Fibbler will not use Customer Data for any purpose other than providing the Services, and will not sell, share, or disclose Customer Data to third parties except as necessary to deliver the Services (for example, through sub-processors). Furthermore, the Customer consents to Fibbler analysing the usage data in aggregated form, in accordance with applicable laws and regulations, for the purposes of improving the Services, the user experience and security as well as generating industry benchmark reports. This consent includes granting Fibbler the right to use the results in anonymous form for the benefit of Fibbler and other customers of Fibbler.

9.5The Customer can request that Fibbler shall provide the Customer Data in a commonly used, machine-readable format. The provision of the Customer Data shall take place via an internet download option. The Customer shall have no entitlement to receive software suitable for the use of the Customer Data. Fibbler may charge a reasonable fee for the provision of the data, which will be communicated to the Customer in advance.

9.6The Customer must inform Fibbler at least 14 calendar days before the end of the Agreement in writing if it wants to retrieve the Customer Data from Fibbler after the end of the Agreement.

9.7Fibbler shall delete the Customer Data still available to it 30 calendar days after the data has been provided to the Customer following the end of an Agreement, unless the Customer notifies Fibbler within this period that the data provided to the Customer is not readable or is incomplete.

9.8The Google Ads attribution feature is an optional paid add-on that requires the Customer to grant Fibbler read access to the Customer’s Google Ads account and install a tracking script provided by a third-party provider on the Customer’s website. By enabling this feature, the Customer acknowledges that: (i) the Customer acts as the data controller for personal data collected through the tracking script and the third-party provider acts as a data processor; (ii) it is the Customer’s responsibility to implement appropriate cookie consent mechanisms and update its adhering privacy information; (iii) visitor identification results are generated automatically and may contain inaccuracies; and (iv) the feature depends on third-party services that may change, and Fibbler is not liable for interruptions to such third-party services. If the Customer uses this feature, the Customer must inform its website visitors about the use of tracking technologies in its privacy policy.

10.1“Confidential Information” means all information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally or in writing:

• That is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential.
• Provided to or gathered from the Services.
• The terms and conditions of the Agreement, including pricing.
• Any business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by each Party in connection with the Agreement.

10.2Notwithstanding Section 10.1, Confidential Information does not include information that:

• Is at the time of disclosure, or later becomes, generally known to the public through no fault of the Receiving Party.
• Was known to the Receiving Party with no obligation of confidentiality prior to disclosure by the Disclosing Party, as proven by records of the Receiving Party.
• Is rightfully disclosed to the Receiving Party by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligations.
• Is at any time independently developed by the Receiving Party without the use of the Disclosing Party’s Confidential Information as proven by records of the Receiving Party.

10.3Either Party shall safeguard and hold as confidential all Confidential Information of the other Party.

10.4Either Party shall use the Confidential Information solely for the purposes set out in the Agreement and these Terms.

10.5The Receiving Party is permitted to disclose Confidential Information if compelled by applicable law or a binding decision or order by any authority, regulator, governmental body or court of competent jurisdiction, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement, to the extent legally permissible, and cooperates with the Disclosing Party’s efforts to limit the scope of disclosure or obtain a protective order.

10.6This Section 10 shall survive the termination/expiry of the Agreement for a period of five years, except that with respect to any trade secrets, this Section shall continue for as long as such information remains entitled to protection as a trade secret under applicable law.

11.1Under no circumstances shall a Party be liable to the other Party for any indirect, special, incidental or consequential damage of any kind, including any loss of profits, goodwill, business, contracts, revenues, or any other indirect, special, incidental, and consequential damages or losses arising from claims of third parties.

11.2Fibbler shall not be liable to the Customer for, without limitation, any loss or damage to the Customer’s records or data.

11.3In any event, except for what is stated in Section 6.10, each Party’s aggregate liability shall be limited to direct losses resulting directly from a breach of any material obligations under the Agreement, and shall be limited, for any and all damages incurred in a calendar year, to 100% of the amounts due or paid by the Customer during the twelve-month period preceding the cause of action.

11.4The Services may have third-party applications integrated into them for the purposes of making the Services available to the Customer. To the extent that third-party applications are included in the Services, the terms and conditions of the third-party applications, not the Agreement, shall apply to their use, licensing, liability, fixing of defects and intellectual property rights. As such, Fibbler is not liable for damages caused by third-party applications or support, and is not responsible for the behaviour, functions or content of any third-party applications or for any transactions that the Customer may enter into with the supplier of such third-party applications.

11.5Nothing in these Terms shall limit or exclude the liability of either Party caused by its gross negligence, wilful misconduct, fraudulent misrepresentation, breach of confidentiality, or any indemnification obligation under the Agreement.

11.6In case of breach of the Agreement or these Terms, any claim based thereon must be made by the Party within twelve months as from the date the alleged breach occurred, but no later than twelve months after the termination of the Agreement.

12.1Neither Party shall be liable for any failure to perform its obligations under the Agreement if such failure is due to circumstances beyond such Party’s control, including but not limited to natural disasters, war, terrorism, government action, labour disputes, pandemics, power outages, internet outages or other unforeseen events that significantly impair such Party’s ability to perform its obligations under the Agreement (“Force Majeure”).

12.2In the event of a Force Majeure event, the affected Party shall notify the other Party in writing without unreasonable delay of the event, its expected duration, and its impact on the affected Party’s obligations. The affected Party shall furthermore take reasonable measures to limit the effects of the Force Majeure event.

12.3If a Force Majeure event continues for a period of more than three months, the Parties have the right to terminate the Agreement with immediate effect without any obligation to pay damages or other compensation.

13.1Fibbler reserves the right to change these Terms by giving 30 days’ notice. If the Customer does not accept such changes, the Agreement can be terminated immediately by the Customer. If the Customer terminates the Agreement in accordance with this Section 13.1, the Customer is entitled to proportional reimbursement of any fees paid in advance.

13.2Except as otherwise specified in the Agreement, all notices, permissions, and approvals shall be in writing and shall be deemed to have been given upon personal delivery, the second business day after mailing, or the day of sending by email.

13.3The Agreement constitutes the full and final agreement between the Parties. All discussions, agreements and undertakings, whether oral or written, with respect to the subject matter hereof, which preceded the Agreement are superseded by the Agreement. Annexes to the Agreement form an integral part of the Agreement.

13.4A Party may not assign or pledge, in whole or in part, its rights and/or obligations under the Agreement without the prior written consent of the other Party.

13.5If any provision of the Agreement is found to be invalid, this shall not invalidate the Agreement in its entirety, but shall, to the extent that the invalidity materially affects the Party’s benefit from or performance under the Agreement, be subject to reasonable adjustment in the Agreement.

13.6A Party’s failure to exercise any right under the Agreement or failure to raise any matter relating to the Agreement shall not constitute a waiver of such right.

14.1The Agreement shall be governed by the substantive laws of Sweden, excluding its principles of conflict of laws.

14.2Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be settled by Lund District Court in the first instance.