Terms of Service

These Terms of Service (“Terms”) govern the use of the BottomUp service (the “Service”) provided by Firma Kimmo Björnsson, org. no. 780106-5595, Grankullegatan 67, 441 46 Alingsås, Sweden (“BottomUp”, “we”, “us”).

By accessing or using the Service, the customer (“Customer”, “you”) agrees to be bound by these Terms. Where the Customer has signed a separate Subscription Agreement with BottomUp, that agreement and these Terms together govern the Customer’s use of the Service.

1. Scope and Service

BottomUp provides a cloud-based service for financial forecasting, budgeting and analysis, offered as software-as-a-service (“SaaS”). The Service may integrate with third-party systems such as accounting platforms, ERP systems and APIs (for example Fortnox, Microsoft Business Central, QuickBooks Online, Shopify and Google Sheets).

2. Licence Grant

Subject to these Terms, BottomUp grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service for the Customer’s internal business purposes during the term of the Customer’s subscription. No ownership rights are transferred.

3. Customer Data

The Customer retains all rights to data the Customer provides or imports into the Service (“Customer Data”). BottomUp processes Customer Data solely to provide, maintain and secure the Service.

BottomUp may also use, aggregate and anonymise statistical data derived from the Customer’s use of the Service (such as total number of forecast runs, industry benchmarks, regional benchmarks and similar) to develop, improve and market the Service. BottomUp is responsible for ensuring that such statistics cannot be traced back to the Customer, to identifiable individuals or to specific data points linked to the Customer’s business. For the avoidance of doubt, BottomUp does not use identifiable Customer Data — including identifiable accounting data, personal data, or any data that could identify the Customer or its employees — to develop, train or improve the Service.

4. Third-Party Services and APIs

The Service relies on or integrates with third-party services and APIs, including but not limited to accounting platforms (e.g. Fortnox, QuickBooks), ERP systems (e.g. Microsoft Business Central), e-commerce platforms (e.g. Shopify), spreadsheet tools (e.g. Google Sheets) and PSD2 bank account aggregation (via a licensed account-information service provider).

The Customer initiates and authorises each integration, and any read-only access (including read-only access to bank accounts via PSD2) is exercised only on the Customer’s instruction. BottomUp does not initiate payments and is not a licensed payment service provider.

BottomUp does not control these third-party services and is not responsible for:

• their availability, accuracy, or continued functionality;
• changes, interruptions or termination of such services;
• changes to third-party APIs that affect the Service’s functionality;
• the accuracy or completeness of data the Service receives from such services.

The Customer is responsible for maintaining the necessary licences and access rights with each third-party provider. The Customer’s use of those third-party services is governed solely by the Customer’s agreement with the relevant provider.

5. AI-Generated Output

The Service may include features that use artificial intelligence and large-language-model technology to generate insights, analyses and recommendations from the Customer’s data (“AI Output”).

AI Output is provided as decision support, not as a decision. AI models can produce incorrect, incomplete or misleading results (“hallucinations”). The Customer is solely responsible for validating AI Output before using it for any business, accounting, tax, legal or financial decision. BottomUp is not liable for outcomes resulting from reliance on AI Output.

The Customer Data is not used to train third-party AI models. AI providers used by BottomUp are listed as sub-processors at https://www.bottomup.se/subprocessors.html.

6. Service Availability and Changes

The Service is provided on an “as available” basis. BottomUp will use commercially reasonable efforts to keep the Service operational but does not guarantee uninterrupted availability.

BottomUp may modify, update or discontinue parts of the Service at any time. BottomUp will not, however, materially degrade the core functionality of the Service available at the start of the Customer’s then-current subscription term during that term. Material adverse changes will be communicated with reasonable advance notice.

Support is available by email at info@bottomup.se on Swedish business days, 09:00–17:00 CET, excluding Swedish public holidays. BottomUp does not guarantee specific response or resolution times unless otherwise expressly agreed in writing.

7. Fees

Use of the Service is subject to fees according to the Customer’s Subscription Agreement or, in the absence of a separate agreement, the price list published at https://www.bottomup.se/priser. Failure to pay applicable fees may result in suspension or termination of access.

BottomUp may adjust fees once per calendar year on at least 60 days’ notice. The Customer may terminate effective on the price-change date if the Customer does not accept the change.

8. Acceptable Use

The Customer may not:

• reverse engineer, copy or resell the Service;
• use the Service to develop or operate a competing product;
• interfere with the Service’s operation or security;
• upload special categories of personal data (Article 9 GDPR) or data on criminal convictions (Article 10 GDPR), unless expressly agreed in writing;
• use the Service in violation of applicable law.

9. Limitation of Liability

To the maximum extent permitted by mandatory law:

• BottomUp shall not be liable for indirect, incidental, special or consequential damages, including loss of profit, loss of data, loss of goodwill, business interruption or reputational harm.
• BottomUp’s total aggregate liability under these Terms and the Customer’s Subscription Agreement shall in all cases be limited to the fees paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim.
• BottomUp is not liable for damage caused by circumstances outside its reasonable control, including failures, errors, changes or outages in third-party services and APIs (such as Fortnox, Microsoft Business Central, QuickBooks Online, Shopify, Google services or hosting providers), or by errors in data the Customer or such third parties supply to the Service.

Nothing in these Terms limits liability for intent or gross negligence, or for any other liability that cannot be limited under mandatory law.

10. No Financial, Legal or Tax Advice

The Service provides analytical tools and information only. BottomUp does not provide accounting, financial, tax or legal advice. The Customer remains solely responsible for decisions made based on the Service.

11. Data Processing and GDPR

For the purposes of applicable data protection legislation, including the EU General Data Protection Regulation (GDPR), the Customer acts as data controller and BottomUp acts as data processor with respect to any personal data processed within the Service.

The processing of personal data on behalf of the Customer is governed by BottomUp’s Data Processing Agreement, published at https://www.bottomup.se/dpa.html, which forms an integral part of these Terms. In the event of a conflict between these Terms and the DPA in matters of data protection, the DPA prevails.

The Customer warrants that it has the legal right to provide personal data to BottomUp and is responsible for complying with its obligations as data controller.

12. Sub-Processors

BottomUp engages sub-processors to deliver the Service. The current list is published at https://www.bottomup.se/subprocessors.html. Notice and objection procedures for changes to the sub-processor list are set out in Section 6 of the DPA.

BottomUp is responsible for sub-processors as follows:

• For matters governed by the DPA (i.e. the processing of personal data), BottomUp’s responsibility for sub-processors follows the standard set out in Article 28(4) GDPR and the DPA.
• For all other matters, BottomUp is responsible for ensuring that its sub-processors undertake comparable obligations, but is not liable for damage caused by circumstances outside BottomUp’s reasonable control, including outages or service changes at sub-processors such as cloud-hosting providers.

13. Data Access and Exit

Upon termination or expiration of the Customer’s subscription, the Customer may, within 30 days of termination, choose to either:

• retrieve a copy of its Customer Data in a commonly used, machine-readable format (e.g. CSV, JSON); or
• request deletion of its Customer Data.

If the Customer makes no choice within 30 days, BottomUp will delete Customer Data. Backup copies are deleted in accordance with BottomUp’s standard backup rotation, and in any event no later than 90 days after termination, except where retention is required by mandatory law.

The Service does not include any obligation to migrate data into third-party systems or to ensure compatibility with other services.

14. Term and Termination

The term of the Customer’s subscription is set out in the Customer’s Subscription Agreement. In the absence of a separate Subscription Agreement, either Party may terminate the use of the Service at any time. Prepaid fees are not refundable in the absence of a Subscription Agreement, except: (a) where the Customer’s Subscription Agreement provides for a pro-rata refund on termination; (b) where the Customer terminates following a sub-processor objection under Section 12; or (c) where required by mandatory law (including the EU Data Act).

BottomUp may suspend or terminate access to the Service if the Customer materially breaches these Terms or fails to pay applicable fees. Upon termination, the Customer’s right to use the Service ceases immediately, subject to Section 13 above.

Sections 3 (final paragraph), 9, 10, 11, 13, 16, 17, 18 and 19 survive termination.

15. Force Majeure

Neither Party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemic, internet or infrastructure failures, third-party service outages, labour disputes or governmental actions. If the impediment continues for more than 90 days, either Party may terminate the affected part of the Service.

16. Confidentiality

Each Party shall keep information received from the other Party confidential and use it only for purposes of performing under these Terms. The confidentiality obligation applies during the term and for 3 years thereafter.

17. Assignment

Neither Party may assign these Terms or any rights or obligations under them without the other Party’s written consent, except that BottomUp may assign these Terms to a legal entity directly or indirectly wholly owned by Kimmo Björnsson (personal ID 780106-5595), or to an acquirer of substantially all of the BottomUp business that in writing assumes all obligations under these Terms.

18. Changes to these Terms

BottomUp may amend these Terms from time to time. Amendments take effect either:

• at the start of the Customer’s next subscription renewal term, provided that BottomUp has given at least 30 days’ written notice of the change; or
• with the Customer’s consent.

If the Customer does not accept a material change, the Customer may terminate the subscription effective on the date the change would take effect.

The Terms in force at the start of the Customer’s then-current subscription term apply throughout that term.

19. Governing Law and Dispute Resolution

These Terms are governed by Swedish law, without regard to its conflict-of-law rules. Disputes arising out of or in connection with these Terms shall be settled by Swedish general courts, with Göteborg District Court (Göteborgs tingsrätt) as the court of first instance.

20. Contact

Firma Kimmo Björnsson Grankullegatan 67, 441 46 Alingsås, Sweden Email: info@bottomup.se