Allmänna villkor, Ancon AB

Innehåll

• 1. Introduction
• 2. License
• 3. Service
• 4. Fees and Payment Terms
• 5. Personal Information and Privacy
• 6. Warranty
• 7. Limitation of Liability
• 8. Right of Repossession and Retention of Title
• 9. Loss of or Damage to Hardware
• 10. Confidentiality
• 11. Transfer
• 12. Governing Law and Disputes
• 13. Special Terms and Conditions

1. Introduction

1.1 General

1.1.1 Ancon AB (Ancon), corporate registration number 556257-3039, address Frölandsvägen 2D, 451 76 Uddevalla, phone 010-4050900, email hello@ancon.io, has developed the Software (as defined in 1.2.1) and provides it to the Customer (as defined in 1.2.1).

1.1.2 These General Terms and Conditions (GTC) govern Ancon’s rights and obligations toward the Customer, as well as the Customer’s rights and obligations as both a Customer and a User.

1.1.3 By signing a specific contract document, approving an order confirmation, paying for a Service Agreement, or otherwise ordering or making payment for Software or a service from Ancon, the Customer shall be deemed to have accepted these Terms and Conditions. Once the Customer has accepted the T&C, they shall thereafter constitute a binding agreement between the Customer and Ancon.

1.1.4 These Terms and Conditions apply unless otherwise agreed in writing between the Parties.

1.1.5 The T&C are available on Ancon’s website at www.ancon.io.

1.1.6 These Terms and Conditions apply regardless of whether the Software has been provided free of charge or for a fee.

1.2 Definitions, etc.

1.2.1 In AV, some terms begin with a capital letter. These terms are defined as follows:

User	A natural person, employee, or contractor of the Customer who is authorized by the Customer to use the Software in question for the Customer’s own internal business purposes
Card Transactions	Includes all cashless transactions.
Customer	The legal entity or individual who is specified on an invoice from Ancon or one of Ancon’s partners, and/or enters into an agreement with Ancon based on the General Terms and Conditions (AV)
Parties	A common definition that refers to both the Customer and Ancon
Partner	A reseller certified by Ancon
Payout	Payment of card sales to the customer
Software	Software provided by Ancon to the Customer, together with any associated hardware, documentation, and/or services. Software may be developed in whole or in part by Ancon and/or licensed to Ancon by a third party. Software may refer to both software installed locally at the Customer’s premises and applications available to the Customer via the Internet or other electronic means of communication.

 

1.3 Special Terms

1.3.1 Special terms may apply to certain versions of the Software, certain features of the Software, and certain types of user licenses. Such special terms can be found, among other places, in Section 13.

1.4 Notifications

1.4.1 Notices and information regarding the Software are primarily provided via the relevant website at www.ancon.io. A notice is deemed to have been delivered to the Customer when it has been published on the website. Examples of notices include information about new versions, other information regarding the Software, support, or changes to the terms and conditions.

1.4.2 Ancon may, at its discretion, also send information via email or regular mail. In such cases, the notice shall be deemed delivered two business days after it is sent by Ancon. The notice shall then take effect immediately, unless otherwise specified in the notice.

1.4.3 Communications from the Customer to Ancon regarding the AV should primarily be sent via email to ekonomi@ancon.io or, alternatively, by phone at 010-40 50 900 during business hours. If the Customer wishes to contact Ancon regarding other matters, there are a variety of channels available depending on the nature of the inquiry. Ancon’s contact information can be found at www.ancon.io.

2. License

2.1 Right of Disposal and Restrictions

2.1.1 The Customer is granted a non-transferable and non-exclusive right to use (License) the Software for the number of Users agreed upon by the Parties.

2.1.2 The Customer’s License is contingent upon compliance with the terms and conditions of these Terms of Service and upon payment of the full License Fee at all times.

2.2 Copying and Modifying the Software Code

2.2.1 Under no circumstances may the Customer make copies, in whole or in part, of the Software, the user documentation, or any other material accompanying the Software, whether in electronic form or as paper copies, beyond what is necessary to use the Software in accordance with the License Agreement.

2.2.2 Under no circumstances may the Customer make changes to the Software’s code, such as disassembling (breaking down the Software’s code) or decompiling (dismantling the Software’s code) the Software.

2.2.3 The above prohibition against copying and modifying the Software’s code applies subject to the exceptions provided for in Section 26(g) of the Copyright Act (1960:729).

2.3 Intellectual Property Rights

2.3.1 Ancon owns all intellectual property rights, including copyright, related to the Software, or has agreements with other copyright holders in the event that the Software contains source code to which Ancon does not hold the copyright. Ancon also owns all copyrights to the documentation, both electronic and printed, that accompanies the Software.

2.4 System Requirements and Product Specifications

2.4.1 Ancon reserves the right to change system requirements and product specifications for future versions of the Software. Ancon does not guarantee the Software’s future compatibility with operating systems that are no longer supported by the operating system vendor.

2.4.2 Unless otherwise agreed in writing between the Parties, the information specified in the general product data sheets for Ancon’s products and services shall not apply in any respect, as such product data sheets are regularly subject to ongoing revision and may therefore be out of date at a later time.

2.5 License Term

2.5.1 Unless otherwise agreed in writing between the Parties, the Customer’s right to use the Software takes effect upon execution of the License and remains in effect for 12 months thereafter. The License is then automatically renewed for 12-month periods unless terminated in accordance with Section 2.6.1.

2.5.2 If the Parties have entered into a separate agreement with a third party regarding the financing of the License (License Financing), the Customer shall, notwithstanding the provisions of 2.5.1, have the right to use the Software for the duration of the License Financing. The terms of the License Financing shall not be automatically extended unless the Parties agree to such an extension in writing. Instead, upon the expiration of License Financing, the License shall be automatically renewed in accordance with Section 2.5.1, and the remaining provisions of these Terms and Conditions shall continue to apply.

2.6 Termination of the License

2.6.1 The Parties may terminate the License at any time. Notice of termination must be provided in writing and received by the other Party no later than 3 months prior to the expiration of the current license period or the License Financing.

2.6.2 Following termination, the License shall remain in effect until the current license period or the License Financing has expired. Any unused portion of the License Fee shall not be refunded in such cases.

2.7 Ancon’s Right to Terminate the License in Special Cases

2.7.1 Ancon has the right to terminate the License with immediate effect

1. if the Customer is more than 30 days late in paying the License Fee,
2. if the Customer uses the Software in violation of these Terms of Use or other instructions from Ancon, or otherwise breaches these Terms of Use or the Copyright Act with respect to the Software,
3. if the Customer is declared bankrupt, initiates composition proceedings, initiates corporate reorganization proceedings, suspends payments, or can otherwise reasonably be considered insolvent, or
4. if the Customer is declared, or can reasonably be expected to be declared, by a Swedish or foreign authority to have violated that authority’s export control regulations or to be ineligible to acquire, possess, or dispose of a service or product (including technology) that is subject to export control regulations.

2.7.2 Any unused portion of the License Fee will not be refunded if termination occurs in accordance with 2.7.1.

2.7.3 Upon termination of the License pursuant to Section 2.7.1, Ancon shall be entitled to terminate any other agreement between the Parties.

2.8 Consequences of the Termination of the License

2.8.1 If the License terminates, the Customer shall immediately return to Ancon the Software, documentation, and any other materials received from Ancon. At the same time, the Customer shall provide Ancon with a written statement, signed by an authorized representative of the Customer, certifying that the Customer no longer, either directly or indirectly, in whole or in part, in any form, possesses copies of or otherwise has access to the Software.

3. Service

3.1 Customer Rights

3.1.1 The license grants the Customer the following rights:

1. The right to use the current version of the Ancon Cloud and G2 software without any functional limitations during the term of the agreement.
2. Support, meaning extended assistance and the opportunity to receive help with specific questions regarding or assistance with the Software as needed for its use. To a limited extent, simpler questions regarding operating systems, printers, networks, and other matters necessary for using the Software may also be answered. The right to support applies to the latest version of the current Software.
3. Software updates, which means that Ancon will provide fixes and all new official versions of the Software free of charge during the term of the agreement. New versions are made available via an automated update service.
4. Access to the latest version of the Software.

3.2 Customer Obligations

3.2.1 In order for Ancon to provide service, the Customer is required to:

1. Follow the instructions provided in the Software’s documentation and any instructions Ancon may have provided in other ways.
2. Check and ensure that your computer, operating system, storage media, programs, and data files do not contain viruses, Trojan horses, or similar threats.
3. Review and, where applicable, act on notifications from Ancon as described in Section 1.4.
4. Provide Ancon with up-to-date contact information for the Customer and all Users, such as names, mailing addresses, phone numbers, organization or personal identification numbers (for sole proprietorships), contact persons, and current email addresses.
5. Comply with the provisions of these Terms of Service.
6. Ensure that the License Fee is paid on a continuous basis and in a timely manner.
7. Ensure that connections to third-party applications, AI services, or language models via the Model Context Protocol (MCP) or API are enabled and used only by authorized Users and with appropriate access restrictions. The Customer is responsible for ensuring that such use, including the transfer of data and the execution of actions within the Software, complies with applicable law, the Customer’s internal instructions, and agreements with the relevant third-party provider.

3.3 Ancon’s Obligations

3.3.1 Ancon is obligated to:

1. Provide service during separately specified times, as governed by the selected Software and Service Agreement. Service is provided, at Ancon’s discretion, via the Internet, email, or telephone.
2. Be able to receive fault reports and perform service during separately specified times. Fault reports may be submitted by telephone during applicable service hours or via email/the Internet 24 hours a day.
3. Assist in restoring data records from the most recent backup using reasonable efforts and at the applicable hourly rate.
4. Rectify reported defects that seriously affect the functionality of the Software as soon as possible. Ancon reserves the right to determine when and how a bug is to be fixed, as well as when and how a corrective action is to be implemented, since Ancon has an overview of the consequences of a fix, change, or corrective action. Bugs may also be addressed through a temporary change that makes it possible to temporarily avoid the bug.
5. Rectify defects that do not seriously affect the Customer’s use of the Software and/or the Software’s functionality, but no earlier than with the next official version of the Software. Ancon reserves the right to determine when and how a defect shall be corrected and when and how a remedy shall be implemented, as Ancon is the party with an overview of the consequences of a correction, modification, or remedy.

3.4 Limitations on Ancon’s Obligations

3.4.1 All services, support, and updates provided by Ancon shall be reasonably proportionate to the fees paid by the Customer for the use of the Software. If an on-site service visit to the Customer becomes necessary, and the Parties agree to this, the Customer will be charged for labor, travel time, travel expenses, per diem, and other costs in accordance with the rates in effect at that time.

3.4.2 Ancon’s obligations do not include:

1. Provide instructions or training to the User if the necessary information is available in the Software’s documentation, help files, on the Internet, or in other media.
2. Make customer-specific customizations to the Software.
3. Resolve errors caused by other software or applications connected to the Software via Ancon’s approved application programming interface (API) or by other means.
4. Resolve errors caused by other software or applications that have retrieved or submitted data to the Software’s database in a manner not approved by Ancon.
5. Rectify errors caused by factors beyond Ancon’s control, such as power outages, internet or telecommunications outages, operating system errors, hardware errors not purchased from Ancon, errors caused by viruses if the Customer does not subscribe to antivirus software through Ancon, or errors in peripheral devices purchased from a supplier other than Ancon.
6. Free support will not be provided if data is retrieved from or submitted to the Software’s database in a manner not approved by Ancon. In such cases, support may be provided at the applicable hourly rate. Free support also ceases if the Software is used on other computers, other operating systems, or with components other than those supplied by Ancon or its Partner together with the Software.
7. Bear the costs incurred for service/support performed by a third party unless this has been expressly agreed upon in advance between the Customer and Ancon.
8. Compensate the Customer financially for time spent addressing operational disruptions or loss of functionality.
9. Rectify errors in, or be responsible for, the availability, functionality, security, results, or processing of personal data in a third-party application, AI service, or language model that the Customer or an authorized User has selected and connected to the Software via MCP or API. When Ancon makes data available through such a connection at the Customer’s request, this is done in accordance with the Customer’s instructions. However, Ancon remains responsible for its own processing of personal data and the security of the Software and Ancon’s MCP server until the data has been transferred in accordance with the Customer’s instructions.

4. Fees and Payment Terms

4.1 Fees for Licenses, etc.

4.1.1 For the use of a License, the Customer shall pay a license fee to Ancon or to the party designated by Ancon in accordance with the price list in effect at any given time.

4.1.2 Where applicable, the Customer shall reimburse Ancon for any transaction fees of various kinds, other products and services, as well as services not covered by the License.

4.2 Changes to Fees

4.2.1 Ancon has the right, but not the obligation, to adjust the License Fee as of January 1 of each calendar year in accordance with changes in the consumer price index.

4.2.2 In addition to what is stated in Section 4.2.1, Ancon has the right to adjust the License Fee to reflect general price changes and/or changes in the general cost of living during the current license period. Ancon shall notify the Customer of any such adjustment no later than 30 days prior to its effective date. If the Customer notifies Ancon in writing within 14 days of receiving such notice that the adjustment is not accepted, such notice shall be deemed a termination of the License in accordance with Section 2.6.1. The previous License Fee shall apply for the remainder of the license period. If the Customer does not provide Ancon with notice that the adjustment is not accepted within the specified time, the Customer shall be deemed to have accepted the new fee, and the License shall thereafter be automatically renewed in accordance with Section 2.5.1 at the new License Fee.

4.2.3 However, the provisions of Sections 4.2.1 and 4.2.2 do not apply if the Parties have entered into a separate agreement with a third party regarding License Financing. In such cases, the terms agreed upon regarding the license shall remain in effect until the relevant financing expires.

4.3 Sales Tax, Other Expenses, and Late Payment Interest

4.3.1 VAT is added to the listed prices. Additional costs, such as invoice fees and shipping charges, are billed according to the price list in effect at any given time.

4.3.2 Unless otherwise agreed, the license fee and other compensation to Ancon shall be paid upon receipt of an invoice, which must be paid no later than 30 days after the invoice date unless otherwise specified on the invoice. In the event of a delay in payment, late payment interest shall accrue at an annual interest rate of 12 percent.

4.3.3 In cases where the Customer has unpaid invoices that are 30 days or more past due, Ancon reserves the right to deduct the total unpaid amount directly from the accrued revenue from card transactions before any payout is made.

4.4 Disputes Regarding Invoices Received

4.4.1 Any complaint or objection regarding a received invoice must be received by Ancon no later than 14 days after the invoice date. Complaints may be submitted by phone at 010-40 50 900 during business hours or via email at ekonomi@ancon.io.

5. Personal Data and Privacy

5.1 Ancon as the Data Controller

5.1.1 In connection with the provision of the relevant Software, Ancon collects and processes personal data regarding the Customer’s contact persons and end users of Ancon’s online services (such as Ancon Order) on its own behalf as an independent data controller.

5.1.2 For more information on how and why Ancon processes personal data as described in Section 5.1.1 above, please see Ancon’s current information on the processing of personal data, which is updated from time to time, here: https://ancon.io/privacy-policy

5.2 Ancon as a Data Processor

5.2.1 In connection with the provision of the relevant Software, Ancon will, in addition to what is set forth in Section 5.1 above, process personal data as a data processor on behalf of and in accordance with the Customer’s instructions.

5.2.2 The parties’ obligations and rights regarding the processing of personal data referred to in Section 5.2.1 above are governed by Appendix A, the Data Processing Agreement, which constitutes an integral part of these Terms and Conditions.

6. Warranty

6.1 Definition

6.1.1 Ancon warrants that the Software will conform to the specified specifications for a period of 12 months from the date of the Customer’s initial purchase of the License (Warranty).

6.1.2 Ancon’s liability for defects in the Software is limited to what is set forth in this Section 6, unless there is gross negligence. The Customer may therefore not assert any other claims against Ancon arising from defects in the Software.

6.2 Deviation

6.2.1 If there is a breach of the Warranty, Ancon shall, upon receipt of a complaint in accordance with Section 6.3, remedy the breach with the promptness required by the circumstances. Remediation may take the form of correcting the defect or taking measures to circumvent it. Ancon may, at its discretion, replace the Customer’s copy of the Software with a new one. In such cases, Ancon is not responsible for installation.

6.2.2 If Ancon fails to remedy the nonconformity with the promptness required by the circumstances, the Customer is entitled to set a final and reasonable deadline for remedy. If Ancon has not remedied the nonconformity by the end of the deadline, the Customer may terminate the License with immediate effect. In such case, the Customer shall return the Software, documentation, and other materials received from Ancon to Ancon. At the same time, the Customer shall provide Ancon with a written statement, signed by an authorized representative of the Customer, certifying that the Customer no longer, either directly or indirectly, in whole or in part, in any form, possesses copies of or otherwise has access to the Software. Upon receipt of this material, Ancon shall refund the License Fee received for the current license period to the Customer without interest.

6.3 Terms and Conditions for Complaints

6.3.1 If, during the warranty period, the Customer finds that the Software does not comply with the stated Warranty, the Customer shall, without undue delay and no later than 10 days after the nonconformity is discovered, submit a written complaint to Ancon. The complaint must describe the nature and extent of the defect and include all necessary documentation required for Ancon to reproduce the defect. If necessary, the Customer must demonstrate how the defect manifests itself.

6.3.2 Claims regarding software or other services must be received by Ancon within 10 days of receipt of the delivery, but no later than 14 days after the invoice date. All returns must be in good condition and, in the case of physical returns, marked with a return number to be accepted by Ancon. Where applicable, returns and deliveries to Ancon must be sent via Sweden Post’s business package service and are at the sender’s expense and risk. Products that have been specially manufactured for the Customer cannot be returned. Software purchased from any of Ancon’s partners cannot be returned to or claimed under warranty with Ancon. In such situations, the Customer must always contact the place of purchase directly.

6.3.3 Complaints may be submitted by phone at 010-40 50 900 during business hours or by email at ekonomi@ancon.io.

6.4 Limitations on the Warranty

6.4.1 The warranty applies only if the Customer files a claim in accordance with the provisions of Section 6.3.

6.4.2 The Warranty applies only to the most recent official version of the Software. Any future changes in laws or regulations that affect the Software’s functionality do not entitle the Customer to invoke the Warranty.

6.4.3 The Software is intended for use only on computers running the operating systems and with the components included in the package as specified in the system requirements for the current version. The warranty is contingent upon the Customer complying with these Terms of Use and using the Software in the prescribed operating environment and in accordance with the provisions of the manual and other instructions from Ancon. The warranty does not apply if the Software is installed and/or used in violation of these provisions.

6.4.4 The warranty does not cover defects that have no bearing on the Software’s functionality as specified.

6.4.5 Ancon supplies general-purpose software, known as standard software; therefore, Ancon cannot guarantee that the Software will necessarily be suitable for the Customer’s specific purpose. Furthermore, Ancon cannot guarantee that fully or partially integrated third-party products and services will function as intended if changes have been made to any of the interacting software programs.

6.4.6 A prerequisite for the Customer to be able to obtain full functionality of the Software is that Ancon be given the opportunity to provide service and support in accordance with these Terms of Service. The warranty applies only if Ancon is given such an opportunity on an ongoing basis during the term of the agreement.

6.4.7 This warranty does not imply that Ancon guarantees that the Software is completely free of minor programming errors, known as “bugs.” The Customer understands and accepts that such freedom from programming errors can be achieved only very rarely in the software industry.

7. Limitation of Liability

7.1 Force Majeure

7.1.1 If a Party’s performance is prevented or substantially impeded by circumstances beyond its direct control that it could not reasonably have been expected to foresee and whose consequences it could not reasonably have avoided or overcome, or if its subcontractor’sdelivery is prevented or impeded due to similar circumstances, this shall constitute grounds for exemption, resulting in a postponement of the performance date and exemption from penalties. As soon as the impediment ceases, the obligation shall be fulfilled in the manner agreed upon.

7.1.2 Circumstances constituting force majeure under 7.1.1 shall include, among other things, war, acts of terrorism, riots, fire, natural disasters (such as severe flooding, hurricanes, earthquakes), explosions, or other large-scale accidents; widespread vandalism; new laws or government regulations that prevent the fulfillment of the obligation; staff resignations; labor disputes, severe restrictions on the supply of electricity, power, or data and telecommunications, and similar circumstances.

7.1.3 A Party wishing to invoke an exemption under 7.1.1 shall notify the other Party thereof without delay, failing which the Party invoking the exemption will not be exempt from liability.

7.1.4 Notwithstanding any provision in this Section 7.1 regarding exemption from penalties, either Party may terminate the License with immediate effect if the performance of a specific obligation is delayed by more than three months.

7.2 Other Restrictions

7.2.1 In addition to what is set forth in Section 7.1, Ancon’s liability is limited as follows.

1. Ancon’s liability for defects in the Software is limited to the warranty provided in Section 6, unless Ancon can be held liable for willful misconduct or gross negligence.
2. Ancon is not liable for damages arising from any security deficiencies on the part of the Customer and/or its subcontractors. In the event of uncertainty regarding the existence of a security breach, ISO/IEC 27002 or an equivalent, subsequent industry standard for information technology security shall serve as a guide.
3. Ancon disclaims liability for damages that may result directly or indirectly from service interruptions caused by scheduled maintenance of Ancon’s and the Customer’s computer systems.
4. Ancon is not liable for any damage caused by or attributable to hardware, software, or services provided to the Customer free of charge.
5. Ancon is not liable for any damage caused by or attributable to hardware, software, or services (e.g., card terminals) manufactured by a third party. In the event that the Customer suffers such damage, Ancon agrees to assist the Customer in filing a claim against the third party. At the Customer’s request, and provided that the Customer does not make a claim against Ancon, Ancon undertakes to assign any claims it may have against the third party to the Customer in connection with such damage.
6. Ancon shall in no event be liable for indirect damages, such as lost profits, loss of production, costs for hiring consultants, equipment costs, and similar costs or losses.
7. Ancon’s liability for damages in the event of a breach of contract is, unless Ancon can be held liable for willful misconduct or gross negligence, limited to an amount corresponding to any License Fee paid by the Customer during the past five calendar years, but not to exceed SEK 500,000.

8. Repossession and Retention of Title

8.1.1 Ancon reserves the right to repossess any hardware covered by the Software until the Customer has fulfilled all payment obligations under these Terms of Service and related agreements between the parties.

9. Loss of or damage to hardware

9.1.1 The Customer bears the risk for hardware provided by Ancon and is liable, regardless of fault, for any loss of or damage to such hardware. If the hardware is damaged, lost, or otherwise rendered unusable, the Customer must immediately notify Ancon. In such a case, the Customer shall, at Ancon’s request, provide the necessary security to ensure the fulfillment of its obligations under these Terms and Conditions or related agreements between the Parties. Loss of or damage to the hardware does not relieve the Customer of its obligations under these Terms and Conditions or related agreements. Ancon is not obligated to replace, repair, or otherwise provide new hardware free of charge as a result of such loss or damage.

9.1.2 For security reasons (PCI), the Customer may not sell, rent, lend, transfer, or otherwise provide the payment terminal to a third party, even after the terminal has been paid for. The terminal may only be used in the Customer’s own business.

9.1.3 The customer shall protect the terminal against tampering and unauthorized replacement, and shall notify Ancon without delay in the event of loss, theft, replacement, or suspected tampering.

10. Confidentiality

10.1 Confidential Information

10.1.1 “ “Confidential Information” in these Terms and Conditions means any information—commercial, administrative, technical, or of any other nature—that one Party has received from the other Party, regardless of whether the information has been documented or not, and the disclosure of which could typically cause the other Party material harm.

10.1.2 The software contains information that constitutes Ancon’s trade secrets. Such information is to be regarded as Confidential Information.

10.2 Commitment

10.2.1 The Parties agree not to disclose or reveal to any third party, at any time before or after the effective date of this Agreement, any information that relates to or constitutes Confidential Information originating from or belonging to the other Party. This confidentiality obligation shall therefore remain in effect even after the Customer has ceased using the License.

10.2.2 The Parties agree to ensure that their Users, employees, consultants, and board members do not disclose Confidential Information to third parties.

10.2.3 Excluded from a Party’s confidentiality obligations is information that

1. is used to fulfill an agreed-upon obligation under these Terms of Service or another agreement between the Parties; or
2. is generally known or becomes generally known in a manner other than through a Party’s breach of contract; or
3. a Party has received or subsequently receives such information from a third party without being bound by a duty of confidentiality with respect to that third party; or
4. a Party has obtained prior written consent from the other Party to disclose the information to a third party; or
5. is disclosed in accordance with an order from a government authority or court; or
6. is disclosed during mediation, arbitration, or litigation; or
7. disclosed to a Party’s financial and/or legal advisor, provided that such advisor is bound by confidentiality to the same extent as the Party under these Terms and Conditions.

The party bears the burden of proof that the exceptions under (a) through (g) apply.

11. Transfer

11.1 Customer

11.1.1 The Customer may not, without Ancon’s prior written consent, transfer, copy, rent, lend, sell, or otherwise dispose of or make the Software available to any third party, either in whole or in part. Nor may the Customer transfer any rights or obligations under the License to a third party or export the Software without Ancon’s prior written consent. The same applies if the Customer is subject to a merger or division or is declared bankrupt.

11.2 Ancon

11.2.1 Ancon has the right, without the Customer’s consent, to assign its rights and obligations under these Terms and Conditions to another company within the group to which Ancon belongs.

12. Governing Law and Disputes

12.1 Governing Law

12.1.1 The parties’ dealings relating to these Terms of Use, the use of the Software or the License, or any related legal matters shall be governed in their entirety by Swedish law.

12.2 Disputes

12.2.1 Any dispute under Section 12.1.1 shall be finally resolved in accordance with the rules on mediation and arbitration of the Board of Trustees of the West Swedish Chamber of Commerce.

12.2.2 Notwithstanding the provisions of 12.2.1, a Party may request that a dispute, where the value of the claim does not exceed two price base amounts as defined in the Social Insurance Code (SFS 2010:110), be decided instead by the Uddevalla District Court, in which case the Parties agree that the court may consist of a single judge at the main hearing. The Parties agree that judgments and decisions of the District Court shall not be appealed.

13. Special Terms and Conditions

13.1 Ancon Guest

13.1.1 Ancon Guest is being phased out and will be provided after July 31, 2019, with limited rights for the Customer. Extended support will be provided to Customers who purchased a License for Ancon Guest after July 31, 2015, for a maximum of 48 months from the date of purchase, but no later than June 15, 2020. Given that Ancon Guest is being phased out, the Customer may not assert any rights under Section 3.1 or any warranty obligations under Section 6 with respect to Ancon Guest.

13.1.2 It is the Customer’s responsibility to ensure that effective procedures are in place for the continuous backup of the Customer’s data and that such backed-up data is securely stored on an ongoing basis. Ancon does not undertake to manage such backup procedures and is not liable for any damages resulting from the loss of or compromise to the Customer’s data.

13.2 Ancon G2

13.2.1 Ancon G2 is being phased out and will be shut down after December 31, 2026. After this date, the system will be provided on a limited basis and with limited rights for the Customer. “Limited basis” and “limited rights” mean that customers who purchased Ancon G2/Sharp Dining after December 31, 2023, and up through June 30, 2024, will have an extended right to use the license, however, for a maximum of 36 months from the date of purchase and no later than June 30, 2027. Given that Ancon G2/Sharp Dining is being phased out, the Customer may not assert any rights under Section 3.1 or warranty obligations under Section 6 with respect to Ancon G2/Sharp Dining.

13.2.2 Unless otherwise agreed in writing, the Ancon G2 license is valid from the date of purchase and thereafter renews automatically for 12-month periods. The license is then automatically renewed for 12-month periods unless terminated in accordance with Section 2.6.

13.2.3 The Ancon G2 license includes

1. 24/7 support for urgent operational disruptions via phone and the Internet
2. User support via phone and the Internet on weekdays (excluding holidays) from 8:00 a.m. to 5:00 p.m.

13.2.4 Ancon reserves the right to charge the Customer in accordance with the price list in effect at the time for support services related to Ancon G2 outside the scope specified in 13.2.3, e.g., for user inquiries outside of weekdays (excluding holidays) between 8:00 a.m. and 5:00 p.m.,

13.2.5 It is the Customer’s responsibility to ensure that effective procedures are in place for the continuous backup of the Customer’s data and that such backed-up data is securely stored on an ongoing basis. Ancon does not undertake to manage such backup procedures and is not liable for any damages resulting from the loss of or impact on the Customer’s data.

13.3 Ancon Cloud

13.3.1 Unless otherwise agreed in writing, the Ancon Cloud license is valid from the date of purchase and continues for 12-month periods thereafter. The license is then automatically renewed for 12-month periods unless terminated in accordance with Section 2.6.

13.3.2 The Ancon Cloud license includes

3. 24/7 support for urgent operational disruptions via phone and the Internet
4. User support via phone and the Internet on weekdays (excluding holidays) from 8:00 a.m. to 5:00 p.m.

13.3.3 Ancon reserves the right to charge the Customer in accordance with the price list in effect at the time for support services related to Ancon Cloud outside the scope specified in 13.3.2, e.g., for user inquiries outside of weekdays (excluding holidays) between 8:00 a.m. and 5:00 p.m.,

13.3.4 Ancon Cloud should not be considered an update to Ancon G2; these are two different software programs. Ancon Cloud is subject to the rights set forth in Section 3.1 and Ancon’s warranty obligations set forth in Section 6.1

13.4 Ancon MCP

13.4.1 Ancon MCP is a feature that enables the Customer to access information in the Software and, to the extent permitted by the feature, perform actions in the Software via MCP or API through a third-party application, AI service, or language model. The feature may only be activated and used by the Customer or an authorized User.

13.4.2 Any request or action made through a connection activated by the Customer and using the Customer’s or an authorized User’s authentication credentials shall be deemed to constitute an instruction from the Customer to Ancon. The Customer is responsible for managing permissions, authentication credentials, and access levels, as well as for immediately revoking access that is no longer valid.

13.4.3 The customer selects and is responsible for the third-party application, AI service, or language model that is connected. The customer is responsible for ensuring that there is a legal basis for the transfer and continued processing of personal data, that the data subjects concerned have received the required information, that the necessary data processing agreements and safeguards for transfers to third countries are in place, and that appropriate settings for the storage and use of data for model training are applied.

13.4.4 The Customer acknowledges that responses, analyses, recommendations, and other results from an AI service or language model may be incorrect, incomplete, or misleading. The Customer is responsible for verifying such results before using them to make decisions or take action. The Customer is also responsible for the consequences of commands and changes initiated through a connected third-party service, including changes to menus, prices, and other information in the Software.

13.4.5 Ancon is not responsible for the availability, functionality, security, data processing, or results of the third-party service. Ancon remains responsible for the portion of the processing and security that takes place within the Software and Ancon’s MCP server until the data has been transferred in accordance with the Customer’s instructions.

13.4.6 Ancon reserves the right to restrict, temporarily suspend, or terminate an MCP or API connection if Ancon reasonably determines that the connection poses a security risk, is being used in violation of these Terms of Service or applicable law, jeopardizes the functionality of the Software, or may cause harm to Ancon, the Customer, or a third party.