AMBASSADOR TERMS AND CONDITIONS 

Welcome to KÄLLA, 

Like all companies, we need to have rules for our services and we have written them down in these terms of use.  The Service is provided by Swedish Probiotics AB, but to keep things simple we call our company “KÄLLA” or “we” in these Terms.  

Please read these Terms carefully, and email us at support@kalla.com if you have any questions.  

We also have a separate Privacy Policy which deals with topics such as personal data, cookies and security. 

 

1. Acceptance of Terms 

  1. When applying to become an Ambassador with KÄLLA you accept these Terms. You can’t earn money through Källa if you’re not an Ambassador. To register as an Ambassador, you must first apply or be invited to become an Ambassador. You will receive a confirmation mail if you have been approved. 

  1. Prior to becoming an Ambassador, you must have read, understood and accepted the Terms. By consenting to become an Ambassador, you agree to strictly adhere to the Terms and to be legally bound to the Terms in relation to us. 

  1. If you register as an Ambassador on behalf of a company or other legal entity, you represent and warrant that you have full authority to legally bind the company or other legal entity to the Terms, and to strictly adhere to the Terms. 

  1. If you are under 18 years old, or under the legal age in your country of residence, you may only register as an Ambassador if agreed to by a parent or legal guardian. In such case, your parent or legal guardian agrees to be legally bound by the Terms. If you are under 13 years old, you may not apply to become Ambassador. 

 

2. Definitions  

“Ambassador”:  Is the person or legal entity who after approval from KÄLLA has the right to start earning money by generating Sales. 

“Click”:  Is when a Visitor clicks on your unique / personal URL and by doing so is directed to the KÄLLA online store.  

“Dashboard” Means the dashboard after login where the Ambassador can monitor her business activities and monies earned.  

“Källa”:  Means Swedish Probiotics AB, a company incorporated under the laws of Sweden with company reg. no. 559247-8423. 

“Unique URLs”: Are the links to KÄLLA online store through which the Ambassador earns money.  

“Sale”: Is when a Visitor who, via a Unique URL, is or has been transferred to a KÄLLA online store and there completes a purchase of a product through the recommendation of the Ambassador. 

“Service”: Means the service named  “Lab”, provided by KÄLLA with the purpose to facilitate the connection and interaction between KÄLLA and Ambassadors and potential customers for marketing, sales, business planning and training purposes, currently provided at www.kalla.com/login

“Terms”:  Means these Terms for Ambassadors. 

“Visitor”  Is the individual who visits an Ambassador site or social media platforms or kalla.com. 

 

3. Account Creation 

  1. In order to get access to the Service, you need to create an account. You are responsible for providing accurate, current, and complete information in connection with the registration. You acknowledge that the account details provided are true and correct and that, when necessary, you will update your account details so that they remain true and correct. 

  1. You are solely responsible for maintaining the confidentiality of your login information. We shall have no responsibility for any unauthorised use of your account. 

 

 

4. The Service  

  1. The purpose of the Service is to facilitate the connection and interaction between KÄLLA and Ambassadors for marketing, sales, business planning and training purposes.  

  1. It is free of charge for Ambassadors to use the Service. 

 

5. Your Responsibilities 

  1. You undertake to use the Service and provide marketing in accordance with applicable law and regulation and may not use the Service in any way that causes us or any third party harm. Further, you are responsible for any content provided and/or created by you, and that such content does not violate any applicable law or regulation. 

  1. You may not use the Service to communicate or publish information (including but not limited to any content provided by you) that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation). 

  1. You will not, nor allow any third party to copy, distribute, sell, lend, rent, transfer, convey, modify, decompile, disassemble, perform data mining, or reverse engineer any parts of the Service, nor try to get access to the source code. 

  1. You acknowledge and agree that KÄLLA, and any third party KÄLLA may cooperate with, owns all right, title and interest to the Service and the data included therein, including all patents, copyrights, trade secret and other proprietary rights thereto, unless explicitly stated otherwise in the Terms. 

  1. After notice you must immediately, without compensation, remove any material created or published by you within the context of the Service that KÄLLA considers is not in line with KÄLLA values, marketing guidelines, branding or is otherwise undesirable. Further, you must immediately, without compensation, remove any material related to your use of the Service that we find obscene, contains inappropriate material and/or in any other way could violate the Terms, applicable law and/or may infringe someone else’s intellectual property rights. The removal of material in accordance with this section must be done immediately on all your digital channels. 

  1. Your account is for your own use. You may not authorise others to use the account and may not assign or otherwise transfer the account to any other person or entity. 

  1. You are always required to, in a way that is very clear to your Visitors, inform them that you earn money from the links and formats provided by KÄLLA. 

 

6. Ambassador Remuneration 

  1. Ambassador earns money by referring customers to purchase products by use of inter alia Referral links (your unique / personal URL). The payment terms and conditions and calculations can be seen on the Dashboard. 

  1. Ambassador can only earn money based on actual sales of KÄLLA products to customers directly or indirectly referred by the Ambassador. 

  1. The terms for compensation from KÄLLA may be changed or discontinued at any time. 

  1. KÄLLA undertakes, within the framework of the Services, to monitor and record Sales generated through your unique URL. 

  1. KÄLLA makes deductions for tax and social security, if applicable, from the payment if the Ambassador is a person residing in Sweden. It is the Ambassador’s responsibility to notify KÄLLA if the Ambassador is a legal entity whereby the Ambassador is responsible to make deductions for tax and social security. This information is submitted upon application. 

  1. If the Ambassador is a resident of a country outside Sweden it is the responsibility of the Ambassador to pay taxes and social security to that country’s tax authorities in accordance with that country’s rules and regulations. 

  1. The Ambassador is an independent business and this agreement does not imply that any employment relationship exists between KÄLLA and the Ambassador.  

  1. Payment of compensation to the Ambassador is made only to the Ambassadors's bank account. If the publisher is under 18 years of age, the payment will be made to the parent or guardian who has performed the registration on KÄLLA. 

  1. Ambassador can elect from time to time to use remuneration, in full or in part, as payment towards KÄLLA products and/or voucher codes instead of electing to receive remuneration in cash. 

  1. Payment of remuneration below SEK200 gross will not be paid in cash. Any such amounts below 200SEK will be kept in a KÄLLA wallet on behalf of the Ambassador.   

  1. Källa will send information regarding the amount paid to the Swedish tax authorities. 

 

7. Warranty 

  1. You warrant that any content provided and/or published by you is free from any third-party dependencies or third-party rights. Further, you represent and warrant that the posting and use of your content does not violate privacy rights, publicity rights, contract rights or any other rights of any person or company, and that the publishing or posting of your content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any third party relating to your content. 

  1. If you are notified of or otherwise receives knowledge of any claims related to the aforementioned warranties, you shall immediately inform us and assist us in any actions as we may see fit. 

 

8. Intellectual Property Rights 

All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Service are reserved by us and/or third parties. Nothing in the Terms grant you a right or license to use any trademark, copyright or other intellectual property right owned or controlled by us or a third party, unless explicitly granted herein. 

 

9. Privacy 

We are committed to maintaining the privacy and security of personal data. Personal data provided to us will be processed in accordance with our Privacy Policy and the General Data Protection Regulation (EU 2016/679). Please read the Privacy Policy for more information. 

 

10. Duration and Termination 

  1.  These Terms will take effect when you register an account, and is valid until further notice. You may terminate the account at any time, thus ending your right to use the Service. The Terms will apply until your account has been closed. Please contact support@kalla.com if you chose to close the account.  

  1. We reserve the right to, in our sole discretion, terminate your account and the right to use the Service without any liability economically or otherwise in relation to you. 

  1. If your account is terminated, we may in our sole discretion delete all content relating to your use of the Service. 

 

11. No Warranty 

  1. The Service and any content contained and made available via the Service, including text, graphics, information, links, or other items are all provided "as is" and "as available”. 

  1. We do not provide any warranty of any kind, express or implied, for the Service, including but not limited to the availability of the Service. We do not guarantee the accuracy, completeness, or usefulness of any information or content provided through the Service. We do not warrant that your use of the Service will be secure, uninterrupted, safe, always available, error-free or will meet your requirements, or that any defects in the service will be corrected. 

 

12. Limitation of Liability 

  1. We will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, arising out of or in any way connected with the Service, to the maximum extent permitted by applicable law. You expressly agree to hold us harmless for any claim, controversy, or damages that may arise from any dispute between you and any other third party. 

  1. You agree that the maximum aggregate liability of Källa towards you shall be limited to SEK 1,000. We expressly exclude all liability to any third party. 

 

13. Indemnification 

You agree to indemnify, defend, and hold us harmless from and against all claims, losses, expenses, or demands of liability, including but not limited to reasonable attorneys’ fees and costs in connection with any claim arising out of your use of the Service and/or your violation of these terms, including if any content provided by you should infringe any third party intellectual property rights. 

 

14. Force Majeure 

Where KÄLLA is prevented from fulfilling its obligations pursuant to the Terms due to circumstances which are beyond KÄLLA’s reasonable control such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, extreme weather conditions, strike or other labor disturbance, interruption of or delay in transportation, unavailability, interruption of, or delay in telecommunications or third party services (including DNS propagation), or failure of third party software or hardware, and errors or delays in services from sub-contractors due to circumstances as stated herein, such circumstances shall constitute an excuse which occasions a postponement of the time for performance and a release from liability in damages and any other penalties. 

 

15. Independent Contractors 

 

  1.  The relationship between us and you shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein. 

  1.  In the event that you would be considered an employee according to applicable Swedish or European law and we would therefore be liable to pay taxes, fees, charges or other expenses and lawful obligations on your behalf, you shall compensate us for all such costs that may incur as a result thereof. 

 

16. Miscellaneous 

  1. We reserve the right to, without prior notice and without compensation, remove any content that we find obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else’s intellectual property rights. 

  1.  We reserve the right to modify the Terms at any time in our sole discretion. We will notify you by e-mail 30 days in advance of any adverse changes taking effect. Your continued use of the Service after such notification constitutes your agreement to the updated Terms. 

  1.  You are not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from us, if not explicitly allowed to under the Terms. 

  1.  We have the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as KÄLLA, or a third party in connection with a transfer of all or substantially all of KÄLLA’s assets. 

  1.  If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall not be regarded as a waiver of such rights.  

  1. It is expressly understood that all provisions regarding limitations of liability and indemnities will remain in full force and effect and shall survive the deletion of your account. 

  1.  Failure or delay by us in exercising any right or remedy under the Terms shall not constitute a waiver of such (or any other) right or remedy. 

  1.  The contents of these Terms, Privacy Policy and Purchase Terms shall supersede all previous written or oral commitments and undertakings. 

  1.  The Terms, Privacy Policy and Purchase Terms constitute the entire agreement between you and us on all issues to which the Terms relate. However, if you have a separate agreement with us regarding the Service, the terms of such an agreement shall prevail over these Terms in case of contradictions. 

 

16. Governing Law 

  1. These Terms shall be construed in accordance with and be governed by the substantive laws of Sweden. 

  1.  Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). 

  1. The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. 

  1.  The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish, unless either party requests the proceedings to be conducted in English. 

 

These Terms have been updated on May 6, 2021