These Terms of Service are a contract between you and TropSe AB. By using the Services of TropSe on the
web or on any other applications that give access to TropSe (desktop or mobile applications), you are
bound to agree to the following Terms of Service.
If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access
to accounts without notice. If you do not agree to these terms, please do not use our Services.
TropSe reserves the right to update and modify the Terms of Service at any time without notice. New
features that may be added to the Service shall be subject to the Terms of Service. Should you continue
to use the Service after any such modifications have been made, this shall constitute your agreement to
1 - Account TermsYou must be a human. Accounts registered by “bots” or other
automated methods are
You must provide your full legal name, a valid email address, and any other required information to
complete the sign-up process.
You are responsible for maintaining the privacy and security of your account. TropSe will not be held
liable for any damage or loss that may result from your failure to protect your login information,
including your password.
One person or legal entity may not maintain more than one user account.
TropSe may communicate with you via email or pushed notifications regarding your account, system updates,
or other issues related to your account.
You are responsible for all Content send and activity that occurs under your account (even when Content
is send by others to your account).
You may not use TropSe for any illegal or unauthorized purpose. You must not, in the use of TropSe,
violate any laws in your jurisdiction (including but not limited to copyright laws).
TropSe may refuse service to anyone for any reason at any time.
2 - Payment and AccessA valid credit card is required for paying accounts. Otherwise
invoice is accepted with 10 days payment term.
Free accounts are not required to provide a credit card number.
The TropSe Service is billed in advance in accordance with our pricing schedule, campaign structure or
agreement from time to time.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that
be applicable to your use of TropSe and payments made by you herein.
3 - Modifications to the Service and FeesTropSe reserves the right to modify,
suspend, or discontinue the Service at any time for any reason with or
TropSe reserves the right to change any transaction fees upon 30 days notice from us. Fee change will be
notified per email and will be reflected on each individual collaboration between two users.
TropSe reserves the right to update and change the Terms of Service from time to time without notice. Any
new features that augment or enhance the current Service, including the release of new tools and
shall be subject to the Terms of Service.
4 - Cancellation and TerminationYou alone are responsible for properly cancelling
your Account. An email or phone request to cancel your
Account shall result in cancellation. Any cancellation of your Account will result in the deactivation
deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all
Content in your Account. This information cannot be recovered from TropSe once your account is
Please be aware that.
TropSe reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any
thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your
account (any part thereof) or use of the Service and remove and discard any of Your Content in the
for any reason, including if TropSe believes that You have violated these Terms of Service.
TropSe will use all reasonable efforts to contact You directly via email to warn You prior to suspension
termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds
termination of Your use of Service, may be referred to appropriate law enforcement authorities. TropSe
not be liable to You or any third party for any modification, suspension or discontinuation of the
5 - Copyright and OwnershipTropSe or its suppliers own the intellectual property
rights to any and all protectable components of the
Service, including but not limited to the name of the Service, artwork and end-user interface elements
contained within the Service, and many of the individual features. You may not copy, modify, adapt,
reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which
its suppliers own.
TropSe claims no intellectual property rights over the Content you upload or provide to the Service. In
special cases, you are entitled to content that is produced during collaborations with other users via
6 - General ConditionsYour use of the Service, including any Content, information or
functionality contained within it, is
provided “as is” and “as available” with no representations or warranties of any kind, either expressed
implied, including but not limited to, the implied warranties of merchantability, fitness for a
purpose, and non-infringement. You assume total responsibility and risk for your use of these Service.
You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express
permission of TropSe.
You agree not to export or collect, by any electronic or other means, email addresses or other
of other users of the Service for the purpose of sending emails or other unsolicited correspondence.
You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its
You agree not to distribute anything containing a computer virus or any code, file or software program
intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.
TropSe makes no warranties regarding(i) your ability to use the Service,(ii) your satisfaction
Service,(iii) that the Service will be available at all times, uninterrupted, and
accuracy of mathematical calculations performed by the Service, and(v) that bugs or errors in the
Service will be corrected. TropSe and its affiliates and its sponsors are neither responsible nor liable
for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages
arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction
with the Service is to stop using the Service.
To the extent that TropSe processes any personal data that is subject to the General Data Protection
Regulation (or GDPR), on your behalf, in the provision of the Services, the terms of the TropSe Data
Processing Addendum at Exhibit 1 shall apply.
If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability
of the remaining provisions shall not be impaired thereby.
TropSe may, but have no obligation to, remove Content and Accounts containing Content that we determine
in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
The failure of TropSe to exercise any right provided for herein shall not be deemed a waiver of any right
hereunder. The Terms of Service sets forth the entire understanding between you and TropSe as to the
Service and supersedes any prior agreements between you and TropSe (including, but not limited to, prior
versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to [email protected]
7 - Governing LawUnless otherwise required by law – and which shall only be applied
strictly for its intended purpose, it is expressly agreed that Swedish law shall be the law applicable
to these Terms of Service and any litigation between you and TropSe AB related to the use of the TropSe
Service shall be submitted to the jurisdiction of a competent court in Sweden. These Terms of Service
will be governed by and construed in accordance with the laws of Sweden. If for any reason a court of
competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the
remainder of the Terms of Service will continue in full force and effect.
This Data Processing Addendum (the “Addendum”) is made by and between TropSe AB. (“TropSe”) with
registered office in Furumovägen 11, 974 36, and “Customer”.
This Addendum is incorporated into TropSe Terms of Service (“Agreement”) and applies in respect of the
provision of the Services to the Customer if the Processing of Customer Personal Data (as defined below)
is subject to the GDPR, only to the extent the Customer is a Controller of Customer Personal Data and
TropSe is a Processor. The Addendum is intended to satisfy the requirements of Article 28(3) of the GDPR
and, prior to the date on which the GDPR takes effect, the requirements of Article 17(3) of the EU Data
Protection Directive (95/46/EC). This Addendum shall be effective for the term of the Agreement.
1.1. For the purposes of the Addendum:
1.1.1. "Customer Personal Data" means the Personal Data described under Appendix 1 of this Addendum, in
respect of which the Customer is the Controller;
1.1.2. “Data Protection Legislation” means all applicable legislation relating to data protection and
privacy including without limitation the EU Data Protection Directive 95/46/EC and Directive 2002/58/EC
and all local laws and regulations which amend or replace any of them, including the GDPR, together with
any national implementing laws in any Member State of the European Union or, to the extent applicable,
in any other country, as amended, repealed, consolidated or replaced from time to time;
1.1.3. “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and
of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data; and
1.1.4. “Personal Data”, “Data Subject”, “Personal Data Breach”, “Process”, “Processor” and “Controller”
will each have the meaning given to them in the GDPR.
1.2. Capitalized terms not otherwise defined herein shall have the meaning given to them in the
2. Processing of Customer Personal Data
2.1. The parties acknowledge and agree that Customer is the Controller of Customer Personal Data and
TropSe is the Processor of that data. TropSe will only Process Customer Personal Data as a Processor on
behalf of and in accordance with the Customer’s prior written instructions and for no other purpose.
TropSe is hereby instructed to Process Customer Personal Data to the extent necessary to enable TropSe
to provide the Services in accordance with the Agreement.
2.2. If TropSe cannot process Customer Personal Data in accordance with Customer’s instructions due to a
legal requirement under any applicable European Union or Member State law, TropSe will (i) promptly
notify the Customer of such inability, providing a reasonable level of detail as to the instructions
with which it cannot comply and the reasons why it cannot comply, to the greatest extent permitted by
applicable law; and (ii) cease all Processing of the affected Customer Personal Data (other than merely
storing and maintaining the security of the affected Customer Personal Data) until such time as the
Customer issues new instructions with which TropSe is able to comply. If this provision is invoked,
TropSe will not be liable to the Customer under the Agreement for failure to perform the Services until
such time as the Customer issues new instructions. TropSe will immediately inform Customer if, in its
opinion, an instruction from Customer infringes the Data Protection Legislation.
2.3 Each of the Customer and TropSe will comply with their respective obligations under the Data
Protection Legislation. Customer shall ensure that Customer has informed its data subjects and obtained
(or will obtain) all rights and consents (if required by the applicable Data Protection Legislation) to
allow TropSe to Process Customer Personal Data to provide the Services in accordance with this Addendum
and the Agreement.
3.1. TropSe will ensure that any person whom TropSe authorizes to Process Customer Personal Data on its
behalf is subject to confidentiality obligations in respect of that Customer Personal Data.
4. Security Measures
4.1. TropSe will implement appropriate technical and organisational measures to protect against
accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer
4.2. TropSe will, at the Customer’s request and subject to the Customer paying all of TropSe’s fees at
prevailing rates, and all expenses, provide the Customer with reasonable assistance as necessary for the
fulfilment of the Customer’s obligation to keep Customer Personal Data secure.
5.1. Customer authorizes TropSe to appoint sub-Processors to perform specific services on TropSe’s
behalf which may require such sub-Processors to Process Customer Personal Data. If TropSe engages a
sub-Processor to Process any Customer Personal Data, it will: inform Customer of any intended
changes concerning the addition or replacement of such sub-Processors and Customer will have an
opportunity to object to such changes on reasonable grounds within thirty (30) calendar days after being
notified. If the parties are unable to resolve such objection, either party may terminate the agreement
by providing written notice to the other party; and enter into a binding written agreement with the
sub-Processor that imposes on the sub-Processor the same obligations that apply to TropSe under this
Addendum. Where any of its sub- Processors fails to fulfil its data protection obligations, TropSe will
be liable to the Customer for the performance of its sub-Processors’ obligations.
6. Data Subject Rights
6.1. TropSe will, at the Customer’s request and subject to the Customer paying all of TropSe’s fees at
prevailing rates, and all expenses, provide the Customer with assistance necessary for the fulfilment of
the Customer’s obligation to respond to requests for the exercise of Data Subjects’ rights. TropSe shall
not respond to such requests without Customer’s prior written consent and written instructions. Customer
shall be solely responsible for responding to such requests.
7. Personal Data Breaches
7.1. TropSe will notify the Customer as soon as practicable after it becomes aware of any of any
Personal Data Breach affecting any Customer Personal Data. At the Customer’s request and subject to the
Customer paying all of TropSe’s fees at prevailing rates, and all expenses, TropSe will promptly provide
the Customer with all reasonable assistance necessary to enable the Customer to notify relevant security
breaches to the competent data protection authorities and/or affected Data Subjects, if Customer is
required to do so under the GDPR. Customer is solely responsible for complying with data incident
notification requirements applicable to Customer and fulfilling any third-party notification obligations
related to any data incidents.
8. Data Protection Impact Assessment; Prior Consultation
8.1. TropSe will, at the Customer’s request and subject to the Customer paying all of TropSe’s fees at
prevailing rates, and all expenses, provide the Customer with reasonable assistance to
facilitate:conduction of data protection impact assessments if the Customer is required to do so
under the GDPR; and consultation with data protection authorities, if the Customer is required to engage
in consultation under the GDPR, in each case solely to the extent that such assistance is necessary and
relates to the Processing by TropSe of the Customer Personal Data, taking into account the nature of the
Processing and the information available to TropSe.
9. Deletion of Customer Personal Data
9.1. TropSe will return or delete, at Customer’s choice, Customer Personal Data to the Customer after
the end of the provision of Services relating to the Processing, and delete existing copies unless the
applicable European Union or member state law requires storage of the data.
10.1. TropSe will, at Customer’s request and subject to the Customer paying all of TropSe’s fees at
prevailing rates, and all expenses, provide the Customer with all information necessary to enable the
Customer to demonstrate compliance with its obligations under the GDPR, and allow for and contribute to
audits, including inspections, conducted by the Customer or an auditor mandated by the Customer, to the
extent that such information is within TropSe’s control and TropSe is not precluded from disclosing it
by applicable law, a duty of confidentiality, or any other obligation owed to a third party, and
provided that such audits shall be carried out with reasonable notice during regular business hours not
more often than once per year.
11.1. Each party’s liability towards the other party under or in connection with this Addendum will be
limited in accordance with the provisions of the Agreement.
11.2. The Customer acknowledges that TropSe is reliant on the Customer for direction as to the extent to
which TropSe is entitled to Process Customer Personal Data on behalf of Customer in performance of the
Services. Consequently TropSe will not be liable under the Agreement for any claim brought by a Data
Subject arising from any action or omission by TropSe, to the extent that such action or omission
resulted directly from the Customer’s instructions or from Customer’s failure to comply with its
obligations under the applicable data protection law.
12. General Provisions
12.1. With regard to the subject matter of this Addendum, in the event of inconsistencies between the
provisions of this Addendum and the Agreement, the provisions of this Addendum shall prevail.
Categories of Data Subjects:
Collaborators of the Customer;
Customer’s User accounts authorized by Customer to use the Services;
Contact persons of Customer’s collaborating partners; and
End users: individuals who interact with the Customer by way of the TropSe platform.
Type of Personal Data:
Customer may submit Personal Data to the Services, the extent of which is determined and controlled by
Customer in its sole discretion, and which may include, but is not limited to the following categories
of Personal Data:
First and last name
Contact information (company, email, phone, physical business address, social networks)
Interactions with other users (Influencers or Brand representatives) via the TropSe platform
Web application usage data
Subject-Matter and Nature of the Processing:
The subject-matter of Processing of Customer Personal Data is the performance of the Services pursuant
to the Agreement. Customer Personal Data will be stored by TropSe and subject to those Processing
activities which are necessary for the performance of the Services pursuant to the Agreement.
Purpose of the Processing:
Customer Personal Data will be Processed by TropSe for purposes of providing the Services set out into
the Agreement and any applicable statement of work.
Duration of the Processing:
Customer Personal Data will be Processed for the duration of the Agreement, subject to Section 9 of this