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These General Conditions (“GC”) regulate your use of the agreed software and partial or wholly integrated additional services consisting of Development, jointly referred to as the “Services”.
The Services are provided by Boards on Fire AB, reg. no 559241-3735 (”BoF”). You are buying access to the Services directly from BoF. These GC are applicable between BoF and you as Customer. These GC stipulates BoF’s obligations towards you as Customer and your obligations as Customer and User (according to the definitions below) of the Services.
In these GC, terms with capital letters occurs. If the term is not defined directly in the text, the definition can be found in section 2 below.
The Customer is given access to the Services upon accepting these GC. Such accept is given at the signing of the Agreement.
The GC are applicable regardless of if the Services have been provided for free or against payment.
User: A physical person, for example an employee of the Customer, hired staff or a consultant, which is given a right by the Customer to use the Services for the Customer’s internal business purposes.
User Account: Collective term which refers to the Customer’s Users, Data and other information concerning the Customer’s use of and access to the Services.
Agreement: The main agreement between the Customer and BoF for the provision of the Services, including annexes.
Data: All data transferred by the Customer to or from the Services at the Customer’s use of the Services for the purpose of being processed by/in the Services.
Data Processing: Any operation or set of operations or other use of Data taken on by BoF according to the Customer’s instructions or in any other way for the purpose of delivering the Services to the Customer.
Customer: The legal or physical person specified at the invoice from BoF and that enters into an agreement with BoF based on these GC and the Agreement.
Starting date: The day when delivery of the Services shall begin in accordance with what is stated in the Agreement by BoF providing login information or other instructions for enabling the Customer to access the Services.
Development: The specific additional orders developed by BoF on behalf of the Customer that are stated in the Agreement.
Messages and information regarding the Services shall be made in the Services or as a message in the interfaces of the Services. Messages can also be made at the relevant website.
The message is to be considered delivered when it has been published. Examples of messages are information regarding stops, updated and/or new versions, other information regarding the software, support or change of conditions. BoF can, at its own choice, send message through e-mail or regular mail. In such case, the message is to be considered delivered after it has been sent from BoF.
The content of messages is instantly applicable, unless otherwise stated in the message.
Message from the Customer to BoF regarding these GC or the Agreement are primarily sent through e-mail to the e-mail address stated in the Agreement. You can also reach us Monday to Friday via support@boardsonfire.com. As a main rule, you will receive an answer within 24 hours.
The Services are provided as “Software as a Service” (SaaS), where the Customer buys a subscription of the Services. When buying the subscription, the Customer is given access to the Services and is entitled to use the Services in the manner described in these GC. All parts of the Services are regulated in these GC, including parts added, bought, or put into use at a later point as Development.
A subscription entitles a team or other unit within the organisation (for example but not limited to factories, departments, teams, etc.) (“Team”) to connect to the Services. The Team will see and receive access to the same Data. The number of members in the Team is unlimited. If the Customer want additional Teams, additional subscriptions shall be made for each Team.
The Customer receives a limited, terminable, non- exclusive, and non-transferable licence to use the Services in accordance with these GC for the Customer’s internal business against payment of fees according to at all times applicable price list or according to the Agreement. Payment of fees according to the Agreement and fulfilment of these GC are necessary conditions for the right to use the Services.
The Services are provided in existing condition and BoF is responsible for delivering the Services to Internet. The right to use the Services is not conditioned by or dependent on any specific version of the Services or function at any certain point but grant access to and right to use the Services as they are provided at any given time. The provision of the Services is not conditioned by delivery of future versions or functions, and not dependent on publications, materials or comments regarding the same made by or on behalf of BoF.
BoF is however only responsible for delivering the Services to Internet. It is then the Customer’s responsibility to have access to the necessary Internet connection and access points to the Internet to the extent necessary for the Services and their Users, as well as a compatible web browser and hardware.
BoF reserve the right to, at its own discretion, make additions and changes, improvements, or to remove functions, or correct faults and defects in the Services. BoF disclaims any responsibilities arising from any such measures. In the unlikely event that such a change affects any functions in a way that makes the Services stop functioning or permanently removes a function which is a
when BoF has made the Development accessible to the Internet. BoF is not responsible for the Customer and/or its Users having functional internet access, compatible web-browser, or hardware.
Possible faults in the Development shall be notified in writing to BoF at latest 14 days from BoF notifying the Customer that delivery of the Development has occurred. If no such notification regarding fault is made, the delivery is to be considered as approved and in accordance with the Agreement between the parties. Possible faults that arise after this time limit, for example due to updates etc., shall also be notified to BoF in writing within 14 days.
crucial part of the Services, the Customer is entitled to cancel the subscription immediately. The Customer is then entitled to proportionate repayment of prepaid fees regarding the Services affected by the change.
BoF reserves the right to make changes to the conditions in these GC and other conditions regarding the delivery of the Services. Notification of such changes must be made 30 days before coming into effect. If Customer does not accept such change, the subscription of the Services may be terminated in accordance with section 11 in these GC. The Customer has a right to receive proportionate repayment of already paid fees for Services that has not been possible for the Customer to use.
BoF is entitled to freely contract sub-contractors and other consultants for the fulfilment of BoF’s obligations under these GC and the Agreement. BoF is responsible for the fulfilment of the obligations performed by sub- contractors as if the obligations were performed by BoF itself.
In case of cancellation of an order after the signing of the Agreement, BoF reserves the right to invoice actual costs plus 25 % of the start-up costs and the subscription fee the first twelve months.
Customer may not under any circumstances assign or transfer, partly or in whole, any licence regarding the Services to third party (including but not limited to fusions and fissions, bankruptcy, change of ownership or control or to associated business) without the prior written consent of BoF.
BoF might, as a service, provide a hardware from one of its collaborators for the Customer’s use of the Services, for example but not limited to digital boards for the showcasing of relevant Data put together by the Services. Even if the provision of this hardware is conducted through BoF, the parties agree that BoF under no circumstances can be held accountable for such hardware, but the provision is to be regarded as a facilitating service to the Customer. Customer is not entitled to make any claims to BoF regarding the hardware. BoF is not responsible for the hardware being compatible with the Services. This responsibility is strictly the Customer’s.
If any obstacle arises during the Development, which BoF at the commitment to the assignment of the Development could not predict, BoF is entitled to reasonable additional time for overcoming the obstacle. If it is not possible to overcome the obstacle within reasonable time and at a reasonable cost, BoF shall not be obliged to finish the Development.
When the Customer has bought a subscription of the Services and accepted these GC, the Customer receives a right to use the Services during the term of the subscription for as many Teams as the Customer has bought a subscription for. The Customer can after its own choice buy the right for additional Teams to use the Services or the right to use partial or wholly integrated additional services, according to the applicable pricing list or the Agreement.
Only Teams with a paid and valid subscription have the right to use the Services. User accounts are created and administered by the Customer.
Each User is responsible for the confidentiality and accuracy of the login information and other information related to the account. Customer and/or User must inform BoF immediately regarding unauthorized access of the login information.
The Customer is aware that the use of the Services require access to such software, equipment, Internet access and communication service which are necessary for the use of the Services. These appear on BoF’s website or are announced by BoF if requested.
User shall not transfer viruses, worms or other harmful code of any kind to the Services or through the use of the Services. The Services must not be used for any illegal or unauthorized purpose. User shall not violate any legislation in relevant jurisdiction/s, including but not limited to intellectual property legislation or transfer of offensive, threatening, abusive, slandering or other offensive data to the Services.
BoF shall provide the Services to the Customer starting from the Starting Date, which is done by BoF providing login information and/or other necessary instructions to the Customer. Delivery is done by the Services being made accessible on the internet. Starting Date occurs when BoF has made necessary login information and other instructions accessible to the Customer, without requiring any specific approval from the Customer.
The parties can at the signing of the Agreement or later agree upon Development of the Services. Such Development shall in applicable parts be enclosed by these GC. In case of such Development, the Customer will be invoiced, unless otherwise specifically agreed between the parties, according to BoF’s at any given time applicable consultant rate per hour. Development shall be made with care and hold a professional standard. Delivery of such Development shall be made according to the Agreement and if such time has not been agreed upon, as soon as possible. The Customer is obligated to, in the extent BoF needs information, Data or else from the Customer in order to carry out the Development, ensure that BoF receives such information without delay. BoF can never be considered in delay in case the Customer has not provided such information on time. Delivery is completed
Additional services can be made accessible at a separate time. This does not affect the Starting Date.
BoF is not responsible for ensuring that the Customer and/or its Users have a functional internet access, compatible web-browser or hardware for the use of the Services.
Possible faults in the Services shall be notified in writing to BoF at latest 14 days from Starting Date. If no such notification regarding fault is made, the Services are to be considered as approved and in accordance with the Agreement between the parties. Possible faults that arise after this time limit, for example due to updates etc., shall also be notified to BoF in writing within 14 days.
The Customer’s use of the Services might result in the transfer of Data containing personal data from the Customer to BoF. The Customer is therefore (according to the General Data Protection Regulation “GDPR”) to be considered as data controller and BoF as data processor. According to the GDPR, the parties shall establish a specific agreement (“Data Processing Agreement”) regarding such transfer and processing and contain, inter alia, instructions for the processing of such Data. The Data Processing Agreement which shall be entered into regarding the Customer’s use of the Services together with these GC is attached as a schedule to these GC.
To some extent, BoF can also be considered as data controller for the processing of the personal data that the User provides to BoF, for example regarding names and similar information for creating the User account. Regarding this type of information, BoF’s privacy policy is applicable. The privacy policy can be found on BoF’s website.
BoF might collect information from the use of the Services through automatised data collection tools. BoF collects and uses such information for the purpose of ensuring, maintaining, and improving the Services, and for statistics and different types of analysis.
The Customer has all rights to the Customer Data and BoF shall not receive any such rights, in addition to what is stated in these GC or the Agreement, to Customer Data or parts of Customer Data. BoF is entitled to use Customer Data for the delivery of the Services to the Customer, during the term of the Agreement.
The Customer hereby expressly consents to BoF’s collection, presentation and transfer of the Customer’s identification data and profile information to BoF’s database and to share the information with others. If the Customer does not want to be registered in BoF’s database, the Customer shall contact BoF.
Unless otherwise stated in the Agreement, the fees and invoicing periods regarding the Services that are made accessible by BoF at any given time shall be applicable. The parts of the Services that in applicable cases have a fee per transaction are normally invoiced in arrears. BoF reserves the right to change the price for the Services for coming periods.
Payment shall normally be made within 30 days. Fees, for example invoice fees, are invoiced according to the conditions that are administered by BoF at any given time. VAT will be added to the stated prices.
Late payment shall be debited with a penalty interest. Penalty interest is the reference interest decided by the Riksbank (the national bank of Sweden) plus eight percentage points.
The subscription is effective starting from the Starting Date. Unless otherwise stated in the Agreement, the Agreement is applicable during twelve months, after which the term is automatically prolonged with twelve months at a time unless a written cancellation has been established by either party at least 90 days before the expiration of each term.
The Customer can at any time add Users and the number of Teams. The term as stated above also include such new Teams. Remuneration shall be paid starting from the Starting Date.
Cancellation of the Agreement, either fully or regarding certain parts or a certain number of Users, shall be made in writing and is applicable from the day when the other party received the cancellation. Possible payments that have already been made will not be reimbursed. As Customer, you are responsible for saving the electronical receipt regarding a cancelled Agreement that is always sent to Customer through e-mail.
Upon cancellation of the subscription, the Customer’s access to the Services will be suspended after the last active subscription day.
The Customer may only decrease the number of Teams after the ending of the first term. If the Customer desires to decrease the number of Teams included in the subscription than the ones subscribed for by the Customer, a request must be made in writing to BoF at least 90 days before the start of the next term. The number of possible logged in Teams will then be adjusted to the new number of Teams.
In case the Customer wishes to export the Customer’s Data, this shall be made before the last active subscription day. If the Customer wishes to receive BoF’s help with the export of Data, this work will be carried out against a consultant rate according to the at any given time applicable pricing list. After the last active subscription day, the Customer’s Data in the Services will be deleted, and it is the responsibility of the Customer to save the information in another way.
A cancelled subscription agreement can be resigned. Resigned Agreement shall automatically mean that a new binding period of twelve months starts.
BoF can cancel this Agreement with immediate effect if the Customer is in delay with payment, is insolvent, in bankruptcy or for any other reason cannot fulfil its obligations regarding payment or if the Customer violate any of its obligations according to these GC or the Agreement. BoF is then entitled to cancel the Services completely and immediately.
It is important for BoF to provide safe and reliable services. BoF aims to provide adequate administrative, physical, and technical safety measures at any given time.
BoF constantly develops the Services in order for the Customer to have access to as a good software as possible.
Unless otherwise agreed between the parties, the subscription means that the Customer has access to the latest versions of the software. The Customer also has a possibility to receive help with updating the Services against remuneration according to at any given time applicable consultant rate or according to the Agreement.
The Agreement gives a right to reasonable administrative support regarding management issues for the Services and the Development.
Support is given to the person at the Customer who is appointed administrator for BoF.
It is not within BoF’s obligations to provide instructions or to educate the User regarding necessary information included in the Services help text etc., to remedy faults caused by measures carried out by others than BoF’s personnel, negligent or faulty handling, to remedy faults caused by a product/service from a third party that has been connected to the Services or to remedy faults caused by faults in the Customer’s technical equipment or caused by harmful code. Furthermore, BoF does not have any obligation to remedy faults in network, operative systems or other software that is provided by third party. Support does not include Windows, MS Office, printers, or e-mail programs, etc. If such help is provided, BoF is entitled to invoice the Customer according to the at any given time applicable consultant rate.
Regardless of what is stated above, all instances from BoF regarding the provision of support shall be in reasonable relation to the subscription fee.
All intellectual property rights (”Intellectual Property Rights”) regarding or related to the Services is the exclusive property of BoF- or of its licence provider- and shall remain with BoF. Intellectual Property Rights includes, but are not limited to, copyright, patent, trademark, firm, pattern and product design, code, databases, business plans and know-how, regardless of registration. All documentation, including manuals, instructions, or other written, electronic and non- electronic descriptions of how the Services are constructed and used are considered to constitute a part of the Services and are therefore the subject of the same restrictions. All copyright, trademarks, registered trademarks, product names, forms and logotypes stated in the Services or in connection with the Services are the property of each owner.
All Data owned or created by the Customer is the Customer’s property. BoF does not claim any Intellectual Property Rights, or any ownership whatsoever, to Data owned by the Customer and transferred to the Services.
If BoF provides products under licence from another supplier than BoF, the conditions for the licence of the other supplier shall prevail over these GC.
The Services might be integrated with applications, websites and services from third parties (”Third-Party Services”) for the purpose of making the content, products and/or services available to the User. These Third-Party Services might have their own user conditions and privacy policies. BoF is not responsible for any behaviour, functions or content of any Third-Party Service or any transaction that the user might enter into with the provider of such a Third-Party Services.
If the Customer should infringe upon BoF’s or any third party’s Intellectual Property Rights or use the Services in a way that is in violation of these GC, the Customer shall pay liquidated damages corresponding to the highest out of the subscription fees for five years regarding the current licences or the actual damage. The Customer is aware of that BoF might be subject to irreversible damage upon infringement or damage of the Intellectual Property Rights, and that BoF and its licence providers shall have the right to use all reasonable measures in order to protect their commercial interests and their property, including all measures provided for according to law in order to limit such damage. The corresponding shall be applicable if the Customer has, or has tried to, receive information or data that the Customer is not entitled to according to these GC.
BoF shall defend the Customer against any claims or processes where a third party has presented claims according to which the Customer’s use of the Services are contrary to, or inflict upon, third party’s Intellectual Property Rights. The Customer shall immediately notify BoF of such claim. BoF shall, to the extent BoF is responsible, keep the Customer harmless regarding any cost, fee, damages, expenses, or losses that the Customer is caused through a settlement or judgement from a court, including legal costs, provided that the Customer collaborates with BoF, at BoF’s expense, and that BoF receives full control over the legal proceedings and/or the settlement, and that the settlement frees the Customer from all responsibility. BoF may at its sole discretion (i) modify the Services for them not to be contrary, (ii) replace the Services with a function that correspond to the Services, (iii) receive a licence for the Customer’s continuous use of the Services or (iv) terminate the Customer’s User’s account for the Services against a repayment of each subscription fee that has been paid in advance for licence periods that exceeds the day for termination. The Customer is not entitled to make any other claims regarding infringement of third party’s rights.
What is stated above shall not be applicable if the Services have been used in violation of these GC or if claims arise due to modification, integration or customer adjustments of the Services not performed by BoF.
The Customer shall defend BoF towards claims or processes where a third party presents claims caused by the Customer’s Data or using of the Services are in violation of these GC or infringe upon third party’s Intellectual Property Rights or is in violation with applicable law. BoF shall immediately notify the Customer of all such claims. The Customer shall hold BoF harmless regarding any cost, fee, damages, expenses, or losses that BoF is caused through a settlement or judgement from a court, including legal costs, provided that the BoF collaborates with the Customer, at the Customer’s expense, and that the Customer receives full control over the legal proceedings and/or the settlement, and that the settlement frees BoF from all responsibility.
Each party commits to not without the written consent from the other party reveal any information regarding the other party’s business that might be considered as business or trade secrets or that is confidential according to legislation, (“Confidential Information”). Information that is known or available to the public without any breach of the conditions in the Agreement or these GC are not to be considered Confidential Information. Information which the party can show was independently developed by other without knowledge of the Confidential Information is not to be considered as Confidential Information.
Each party commits to ensure that all its employees and consults will obey the regulations regarding confidentiality and shall through confidentiality agreements or other suitable measures ensure that the confidentiality regulations in the Agreement and these GC are observed.
Each party’s commitment to confidentiality according to the Agreement and these GC shall last during the term and for a time period of five years after the term.
BoF warrants that the Services will function mainly as described. The Customer and BoF agree that the Services and the delivery are not completely free from faults and that improvements of the Services is an ongoing process, why BoF has the right to take on measures for improvements regarding the Services.
BoF does not warrant that the Services fulfils the Customer’s requirements, that they are fully compatible with the Customer’s equipment of choice, systems, or settings or that they will not be stopped or are free of faults. The Customer is responsible for third-party programs such as web-browsers, PDF programs, toolbars, antivirus programs or firewalls being correctly installed and allows traffic necessary for the websites directed by BoF, APIs etc.
If the Services do not function in accordance with the warranty described above, BoF shall correct all established faults and defects in the Services at its own expense. BoF will correct notified faults in the Services that seriously affects the function of the Services as soon as possible. BoF does however reserve the right to decide when and how a fault shall be corrected and when and how a measure shall be carried out. BoF does not correct faults that do not seriously affect the Customer’s use of the Services and/or the function of the Services, at earliest at the next official version of the Services.
The Services are delivered in current condition and neither BoF nor its licence providers give any warranty, neither expressed or implied, regarding the suitability for a specific purpose or capacity for system integration. No statements except for those specifically expressed in these GC have been made with regards to the Services and the Customer shall not rely on any statements not expressed in these GC.
Should any provision of these GC or part thereof be held invalid, this shall not affect the remaining provisions of these GC. Reasonable adjustments to the specific provision shall be made which shall, as far as possible, fulfil the purpose of the original provision.
BoF is not under any circumstances responsible for the content or ownership of Data.
BoF is not under any circumstances responsible for any instructions regarding Processing of Data or any other measures carried out by the Customer’s Users.
If BoF is held accountable for payment of remuneration to the Customer due to a violation of any obligation following from these GC, such remuneration shall under no circumstances cover any indirect damage or consequential damages, or any damages following or resulting from such a violation of the obligations in these GC, including but not limited to loss of Data, loss of production, loss of income or profit, or claims from third party or decisions from authorities, even if Customer has been informed of the risk of such damages. BoF’s liability according to these GC is limited to direct damage, except for when otherwise follows from legislation such as damages caused by severe negligence or intent. All reimbursements and remunerations for direct damages and direct losses and costs during each twelve-month period shall never exceed an amount corresponding to the subscription fees for the Services during the same time period.
Neither BoF nor the Customer shall be liable for delay or interruption of their commitments caused by, or following from force majeure, such as earthquake, riots, labour conflict, pandemics, or other events comparable and that are beyond the control of BoF or the Customer and that the parties could not have anticipated at the signing of the Agreement.
In case legislation, regulations or directions concerning the Services or the delivery are changed or if any new legislation, regulations or directions becomes applicable after the Services have been introduced to the market, and this prevents BoF from fulfilling instructions from the Customer or BoF’s obligations according to these GC, and/or require that the Services are cancelled, partly or in whole, for a specific or undefined time period, this shall be regarded as a force majeure event. BoF is under no circumstances responsible for such force majeure event. The Customer will then be reimbursed regarding prepaid subscription fee for the Service affected from the month following the cancellation of the Services with regards to the force majeure event. Except for this, the Customer is not entitled to present BoF with any further claims.
The Agreement and these GC shall be governed by the substantial laws of Sweden. Any dispute arising out of these GC and/or the Agreement shall be settled by a Swedish general court, with Växjö District Court as the court of first instance.