Terms of Service

These Terms are an agreement between Joakim Svärd, a sole trader registered in Sweden (organisation number 19850808-0218, VAT number SE850808021801), Oxelvägen 13, 138 31 Älta, Sweden, trading as Allocate ("we", "us"), and the company or organisation that uses Allocate ("the Customer", "you").

For businesses only. Allocate is sold only to businesses and organisations, not to consumers. By accepting these Terms you confirm that you act for a business.

Who accepts.The person who creates the company in Allocate, or an admin who later accepts a new version, accepts these Terms and the Data Processing Agreement on the Customer's behalf and confirms that they have authority to do so. Other users accept only the use of Allocate under these Terms; they do not become a party to the agreement or to the Data Processing Agreement.

What the agreement includes. These Terms, our Data Processing Agreement, the prices shown when you subscribe or add add-ons, and any separate agreement we have made with you in writing that expressly changes these Terms. Together they are the whole agreement and replace earlier statements, for example on our website, in sales material or in support emails. The Privacy Policy explains how we handle personal data where we are responsible for it; it is information, not part of the contract. If the documents conflict, the Data Processing Agreement wins on personal data, a separate written agreement wins on the other matters it covers, and these Terms win on everything else.

• Roles.A company always has at least one admin. Admins manage billing and the plan, the company settings and the roles, appoint other admins, accept new versions of these Terms on the Customer's behalf and can delete the company. Only admins can do these things. Inviting people, removing them and changing their roles can be delegated to other users. The roles are:
  • Admin. Has all permissions. This cannot be limited.
  • Crew. A fixed role. Crew can see all bookings, check equipment out and in, and report broken equipment. An admin can switch Crew off.
  • Custom roles. Where your plan, or an agreement with us, includes them, an admin can create roles with permissions picked from those Allocate offers. A custom role does not add to Crew. If your company loses custom roles, see section 3.
  You decide who gets which role and which permissions, and you are responsible for those choices. Nobody can give permissions they do not have. Apart from an admin resigning (below), nobody can change their own role. Only an admin can make someone an admin. An admin can resign as admin if the company has another admin. Role names and descriptions are free text (see section 6). Users can be your employees, or freelancers and contractors who work for you.
• Invitations.Admins, and users an admin has given the right to invite, invite people by email. Each person creates their own login and, the first time, agrees to use Allocate in line with these Terms; they do not become a party to the agreement. If the person who invites cannot change roles, the invited person gets "No role yet". They then have no access to the company's data until someone with that right gives them a role. Meanwhile they can only use their own account (export their data, delete the account, sign out). Only an admin can invite an admin. You are responsible for who is given the right to invite, for inviting only people who should have access, for telling them how their data is used, and for removing people who should no longer have access.
• One person, one login. Logins must not be shared. Keep passwords safe and tell us at support@allocate.at if you suspect someone else has access.
• Your users are your responsibility. You are responsible for what your users do in Allocate, as if you did it yourself.
• Accurate details. Keep your company name, admin contacts and billing details up to date, so we can reach you about your account and your invoices.

• Free trial. A new company can try Allocate free for 14 days, once per company. You add a payment card when you start the trial. If you do not cancel before the trial ends, the subscription starts and the first payment is taken. If no valid card is on file, the trial simply ends. We may refuse or end a free trial, for example if the same business has already had one.
• Plans and prices. The plans and add-ons, their limits (for example the number of users, where open invitations count as users, and items of equipment) and their prices are shown when you subscribe or add them. Prices exclude VAT; VAT is added where the law requires it. A discount applies only for the period and on the terms stated with it; after that the ordinary price applies.
• Payment. You pay in advance, monthly or yearly, by card through our payment provider Stripe, unless we have agreed otherwise with you. The subscription renews automatically for a new period of the same length until it is cancelled.
• Changing plan. An admin can change plan in Allocate’s subscription settings. A move to a larger plan or a longer billing period applies at once, and the difference for the rest of the current period is charged straight away. A move to a smaller plan or a shorter billing period applies from the end of the current period.
• Losing custom roles. If your company loses the custom roles feature, members with a custom role get only the permissions that both their custom role and Crew include. This can happen, for example, if the plan is reduced (from the end of the current period), the subscription is cancelled or ends, an invoice stays unpaid, manual billing ends, or the feature is switched off under section 9. Delegated rights to manage the team are then lost. The roles and their definitions are kept. They apply again if the feature comes back, for example if you move to a larger plan.
• Above your plan's limits. If your company has more users or equipment than its plan and add-ons include, for example after moving to a smaller plan or removing an add-on, we do not delete anything because of this. We email admins and give you time to get back within the limits, by removing users or equipment, moving to a larger plan or adding an add-on. If the company is still above the limits after that, we lock it:
  • admins can still sign in, see everything and manage the team, equipment and subscription, but cannot add bookings, equipment or users;
  • other users, including users with a custom role or delegated rights, are shut out of the company's workspace in the app, except to export their data or delete their account.
  The lock lifts as soon as the company is back within the limits. The subscription and its payments continue while the company is locked.
• Price changes. We may change prices. We tell admins by email before a new price applies. It applies from the next renewal at the earliest, and you can cancel before then.

Cancelling.An admin can cancel at any time in Allocate. The subscription then ends at the end of the period you have paid for, and you keep access until then, except where access is suspended (section 6) or the company is locked for being above its plan's limits (section 3). While the company is scheduled for deletion, or if we bill it manually, cancelling in Allocate is not available; email support@allocate.at instead.

No refunds for unused time. Payments are not refunded, including when you cancel, change plan or delete the company mid-period, except as stated in this section, section 9 and section 4 of the Data Processing Agreement, or where the law requires it.

Unpaid invoices. If a payment fails, Stripe tries again for a limited period. If payment still fails, we may suspend access or end the subscription. Once it has ended, the rules below apply.

What happens to your data.When the subscription or trial ends, the company is locked: bookings and equipment cannot be used in Allocate, but admins can subscribe again and the workspace is unlocked as it was, unless it has been deleted. An admin can ask us at support@allocate.at for a copy of the company's data before the deletion date, as described in the Data Processing Agreement (section 8). Unless you subscribe again, we then delete the company and everything in it:

We send an email to the admins at least 7 days before the company is deleted, and normally also when it is locked after a subscription or trial ends. Deletion is permanent. It is your responsibility to ask for a copy of what you want to keep. Invoices are kept for as long as the Bookkeeping Act requires.

Switching to another provider. An admin can tell us at support@allocate.at that the company is switching to another provider, at any time and without a notice period. A request for a copy alone (section 8 of the Data Processing Agreement) is not a switch and does not end the agreement. When you switch, we confirm in writing when the transition period starts and ends, when the agreement ends, the last payment and the deletion date. The transition period is up to 30 days; if the company is locked, we unlock it for that period, and the ordinary subscription fee applies. During it we provide the copy, which covers the same data as described in the Data Processing Agreement; internal operational records are not included. The agreement ends when the switch is complete, and at the latest when the transition period ends. You then have at least 30 more days to retrieve the data, after which we delete the company. We charge no separate fee for switching.

Individually agreed arrangements. Unless we have agreed a different arrangement with the company, the periods in the table above run from the day the subscription or trial ends or, for a company that never started one, from the day it was created. If we have agreed a different arrangement, none of them starts before that arrangement ends. They then run from the day it ends: the period for an ended paid subscription (90 days) applies from that day, the company is locked from that day, and we send admins the same emails (the locked email and the one 7 days before deletion).

Deleting the company yourself.An admin can delete the company at any time in the settings. It is deleted after a 7-day window in which the deletion can be cancelled. If the company's only member deletes their own account, deletion of the company starts at once, without that window.

If we end the agreement.We may end the agreement with 30 days' notice by email, for example if we stop offering Allocate. We then refund fees paid in advance for the time after the end date. We may end it immediately if you seriously breach these Terms (section 6); we do not refund if we end the agreement because of your breach.

• It stays yours. You keep all rights you have in what your company puts into Allocate (bookings, equipment, team, roles, notes), and you are responsible for having the rights needed to put it there. We get only the right to store and process it to provide the service to you and as these Terms describe.
• Personal data. For personal data in your workspace, you are the controller and we are your processor. Our Data Processing Agreement applies and is part of these Terms. You are responsible for having a legal basis for the personal data you and your users put into Allocate, and for informing your users.
• Statistics. We may use aggregated, anonymous statistics about how Allocate is used (for example the total number of bookings across all customers) to run and improve the service and to describe it publicly. They do not identify you, your users or your projects.
• Backups. We keep backups to protect against loss, but you should not rely on Allocate as your only copy of business-critical information.

You and your users must not:

• use Allocate for anything illegal, or put content into it that you have no right to use;
• try to get into other customers’ data, test our security without our written permission, or get around plan limits;
• overload, scrape or reverse-engineer the service, or use automated tools against it other than in normal use;
• resell Allocate, or let another company use your workspace for its own business (freelancers and contractors who work for you may be users);
• put sensitive personal data (such as health information) or personal data about criminal offences into Allocate, including free-text fields such as booking notes, project names, equipment fields and the names and descriptions of roles, or into support requests.

Suspension.If use breaks these rules, threatens the security of the service or other customers, or an invoice is unpaid, we may suspend access. Where reasonable we tell you first, and we lift the suspension once we have reasonably confirmed that the problem is solved. If a breach is not fixed within a reasonable time after our notice, we may end the agreement. If the breach is serious, for example an attack on the service or on other customers' data, we may end it immediately.

Availability. We work to keep Allocate available and to fix faults, but we do not promise any particular uptime. The service may be unavailable during maintenance and because of faults at our providers.

Provided as it is.Allocate is provided "as is" and "as available". We do not promise that it is free of errors or suits a particular purpose, beyond what these Terms say. You are responsible for checking that bookings, equipment details, prices and exports are correct before you rely on them in your work, for example when invoicing your own clients.

Automatic status changes.If your company has turned on automatic check-out or check-in (both are off by default), Allocate changes a booking's status automatically, based on the booked start and end times. That status is a record in Allocate, not confirmation that equipment was actually handed out or returned, or of its condition or quantity. You are responsible for checking equipment physically.

Limits on our liability. To the extent the law allows:

• 1. We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost working or production days, delays to a project or production, loss of data or loss of goodwill.
• 2. Our total liability for all claims under the agreement together, whatever their legal basis, is limited to what you paid us for Allocate in the 12 months before the first event that gave rise to a claim. If you have paid us nothing in that period, for example during a trial, we have no liability.
• 3. You must notify us in writing of a claim within 3 months of discovering the problem, or the claim is lost.

These limits also apply to claims under the Data Processing Agreement and data protection law between you and us; they do not limit the rights of the people whose personal data is processed. They do not apply to loss we cause intentionally or through gross negligence, or where the law does not allow liability to be limited.

Your liability to us. You are responsible for claims against us to the extent they arise from content you or your users put into Allocate or from your breach of these Terms, and not from our own breach, and you will cover our reasonable costs for such claims.

Events beyond our control. Neither of us is liable for failures caused by events outside reasonable control, such as major outages at internet or cloud providers, power cuts, strikes, war or decisions by authorities.

Customer references. We may name your company and show its logo as a customer of Allocate, for example on our website or in presentations. You can ask us to stop at any time by emailing support@allocate.at, and we stop using it in new material within a reasonable time. We will not publish quotes, case studies, screenshots of your workspace or the names of your staff without your separate written permission.

Our rights. Allocate, its software, design and brand belong to us. You get a non-exclusive right to use Allocate during the agreement, for your own business. Nothing in these Terms transfers any intellectual property to you.

Your feedback. If you send us ideas or suggestions, we may use them freely to improve Allocate, without owing you anything for it.

Changes to Allocate. We develop Allocate continuously and may add, change or remove features. If a change significantly reduces what your plan includes, we tell admins by email in advance; you can then cancel before it takes effect, and we refund fees paid in advance for the time after that. Changes needed for security or to follow the law may take effect at once. The same applies if we must disable a feature because of a security risk or serious functional defects. We then tell admins by email as soon as we reasonably can.

Changes to these Terms. We may change these Terms and the Data Processing Agreement. Each version has a number. Changes that do not reduce your rights or increase your obligations, such as corrections, clarifications and new contact details, take effect when published. For other changes we tell admins by email in advance. The new version is shown in Allocate with its effective date, and users are asked to accept the new Terms, and admins the new Data Processing Agreement, before that date. After the effective date, Allocate cannot be used without accepting. If you do not accept, an admin can end the agreement by writing to support@allocate.at, no later than 30 days after the effective date. The agreement then ends on the effective date, or on the day we receive the request if that is later, and we refund fees paid in advance for the time after that. If an admin neither accepts nor ends the agreement, the subscription and its payments continue, and Allocate can be used again as soon as the new version is accepted. A change of sub-processors also follows section 4 of the Data Processing Agreement.

Transfer. We may transfer the agreement to a company we control, including a limited company that takes over Allocate from the current sole trader, or to a buyer of the business. Your rights under these Terms stay the same, and we tell you. You may not transfer the agreement without our written consent.

Notices.We send notices to the admins' email addresses in Allocate. You send notices to support@allocate.at, or to privacy@allocate.at for personal data. An email notice counts as received on the business day after it was sent.

After the agreement ends. Section 4 (what happens to your data), sections 5 and 7, and any fees that are due continue to apply after the agreement ends.

If part is invalid. If a part of these Terms is found invalid, the rest still applies.

Law and disputes. Swedish law applies, without its rules on choice of law. Disputes are settled by a Swedish general court, with Stockholm District Court (Stockholms tingsrätt) as the first instance.

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