Terms and Conditions

Last updated JANUARY 24, 2024

These General Terms and Conditions apply between the Customer and Challenger Mobile regarding each Service. In the event of any inconsistency between the Service Terms and General Terms, they shall be interpreted in the order listed, where the Service Terms take precedence over the General Terms.

1.       DEFINITIONS

The following terms are used in these General Terms and in the Service Terms with the designated meanings.

Agreement:                    Refers to the agreement regarding the subscription of the Service that the Customer enters into with Challenger Mobile, including these General Terms and any other documents related to the Service, Service Terms, etc.

Customer:                      Refers to a consumer, a corporate user (i.e., someone who has access to a subscription through their employer), or a company with which Challenger Mobile has entered into an Agreement.

Challenger Mobile:         Refers to Challenger Mobile Technology AB (publ), corporate registration number 556997-4982, the company using the brand name TrustCall for selling communication services.

Customer Information:    Refers to information such as name, address, telephone number, personal identification number or corporate registration number, and other information about the Customer.

General Terms:                Refers to these general terms and conditions that are an integral part of the Agreement.

Service:                           Refers to the service(s) provided by Challenger Mobile to the Customer.

Service Terms:                Refers to terms that may be specific to the Customer’s subscription and are an integral part of the Agreement.

2.       GENERAL

These General Terms and Conditions govern each Service provided by Challenger Mobile under a separate Agreement with the Customer. There may also be Service Terms applicable to each Service. The Agreement between Challenger Mobile and the Customer is deemed to have been formed when Challenger Mobile has received the signed agreement document from the Customer or when the Customer has entered into an agreement through Challenger Mobile’s website www.TrustCall.se, e-mail or via telephone.

The validity of the Agreement is conditional upon the Customer’s credit assessment being approved by Challenger Mobile. Challenger Mobile’s obligations may be subject to changes during the term of the agreement due to changes in applicable Swedish and international regulations.

3.       CONTENTS AND MORE ABOUT THE SERVICE

Challenger Mobile reserves the right to make changes to the Service regarding its structure, scope, and function. It is incumbent upon Challenger Mobile to inform the Customer about any upcoming changes at least one (1) month prior to the implementation of such changes. If the changes are to the Customer’s disadvantage, they have the right to terminate the Agreement with effect from the date the changes take effect. Such termination must be received by Challenger Mobile before the changes come into effect. Challenger Mobile also reserves the right to discontinue the provision of the current Service with a one (1) month prior notice.

4.       CUSTOMER’S COMMITMENT AND RESPONSIBILITIES

The Customer is always responsible for having the necessary connections and equipment required for the Service. Only equipment that complies with the legal requirements, regulations, Challenger Mobile’s specified provisions, or technical standards may be connected to the Service. Any equipment that disrupts telecommunication or radio traffic must be immediately disconnected. Challenger Mobile should be given the opportunity to inspect equipment that is or has been connected to Challenger Mobile’s network upon justified suspicion of causing disturbances in the network or when the equipment has been connected in violation of the Agreement.

The Customer is responsible for securely storing and using any codes, identities, passwords, or similar information provided by Challenger Mobile to prevent unauthorized access. Challenger Mobile bears no responsibility for any actions taken by third parties using the Customer’s code, password, identity, or similar information that affect the Service.

The Customer is not entitled to transfer the Agreement or assign capacity to a third party under any circumstances. In no case shall the Customer:

• Seek unauthorized access to connected networks and computer resources, both within Challenger Mobile’s network and others.
• Unauthorized use, destruction, alteration, access, or disclosure of information on Challenger Mobile’s network or any network connected to Challenger Mobile’s network.

The Customer is responsible for all materials provided by the Customer. Materials include, but are not limited to, text, images, audio, data, videos, and links to other locations on the Internet. The Customer’s materials, content, and design of personal websites or posts on discussion forums or similar platforms must not violate the law, encourage or enable others to commit crimes, harm Challenger Mobile or others, or be deemed inappropriate or offensive. The Customer further agrees to act ethically when using the Service. The Customer’s responsibility includes obtaining necessary permissions to receive, distribute, or store materials.

In the event of a Customer’s breach of these General Terms and Conditions or the Special Terms and Conditions, Challenger Mobile has the right to immediately suspend the Service and terminate the Agreement. Challenger Mobile reserves the right to charge the Customer for any actions taken by Challenger Mobile as a result of Service misuse. In any case of damage, it is the Customer’s responsibility to contribute to mitigating the damage. The Customer is obligated to notify Challenger Mobile of any name changes. The Customer’s changes, relocation, or termination of a telecommunication subscription with another teleoperator does not terminate the agreement with Challenger Mobile. If the Customer fails to notify such changes, the Customer remains responsible for all usage of the Service through the telecommunication subscription connected to Challenger Mobile.

5.       FEES

The Customer shall pay all due fees, including both variable and fixed fees, as well as any upfront fees, billing fees, and activation fees where applicable. During the validity of the agreement, the Customer will be charged a monthly fee and other charges according to the applicable price list.

Any changes in fees shall be notified in writing at least one (1) month in advance. If the change is to the Customer’s disadvantage, the Customer has the right to terminate the Agreement with effect from the date the change takes effect. Such termination must be received by Challenger Mobile before the change becomes effective.

Customers with SIM cards capable of roaming and who utilize this feature shall pay fees for international traffic according to the current price list for international traffic published on Challenger Mobile’s website.

6.       Payment

The Customer shall pay Challenger Mobile within the specified timeframe stated on each invoice. If the Customer exceeds the credit limit applicable to the use of the Service, Challenger Mobile has the right to request payment between regular billing cycles. After a separate credit assessment, the credit limit may be adjusted. In the event that the Customer is in default of payment, Challenger Mobile has the right to suspend the Customer from using the Service until full payment has been made. Challenger Mobile has the right to temporarily limit the Service pending such payment. However, such suspension can only occur after Challenger Mobile has both requested the Customer to pay within a reasonable specified time, informing them that the provision of the Service may otherwise be interrupted, and the Customer has not paid within the specified time.

If the Customer repeatedly pays late, Challenger Mobile may immediately terminate the Service. In such cases, Challenger Mobile shall notify the Customer of the suspension and provide the Customer with at least ten (10) days to make emergency calls and other toll-free calls.

In the event of delayed payment, Challenger Mobile has the right to charge default interest according to the Interest Act, as well as legally regulated reminder fees and, where applicable, collection fees.

7.       Right of Withdrawal/Cancellation

If the Agreement has been concluded at a distance and the customer is a private individual, the Customer has the right of withdrawal according to the Distance and Off-Premises Contracts Act (2005:59).

In a distance purchase, the Customer has the right to withdraw within 14 days from the date the agreement was concluded. If the Service has been used during the withdrawal period, the Customer is obligated to compensate Challenger Mobile Technology AB for this usage, such as call charges, etc.

If the Customer exercises their right of withdrawal, the Customer shall return any hardware received without specific purchase from Challenger Mobile Technology AB.

Information about the right of withdrawal can also be obtained through Customer Service. The right of withdrawal does not apply to companies or other traders.

8.       RESPONSIBILITY FOR SERVICE, AVAILABILITY, AND MAINTENANCE

The Special Terms and Conditions specify any included service and availability commitments, if applicable, in the Service. Any service interruptions and traffic-impeding faults will be promptly addressed after reporting the fault. Planned maintenance periods of the network, etc., are not considered as service interruptions.

Challenger Mobile’s responsibility for service interruptions and traffic-impeding faults does not apply to the extent that the interruption/fault can be attributed to the Customer or the Customer’s equipment. In such cases, Challenger Mobile has the right to charge the Customer a fee for the required troubleshooting measures according to the applicable tariff.

Challenger Mobile’s network and its coverage have certain limitations, especially during the construction phase. Challenger Mobile reserves the right to temporarily limit or shut down the Service during exceptional load situations.

9.       CHALLENGER MOBILE’S LIABILITY

Challenger Mobile does not exercise control over the information accessible to the Customer as a result of the Service. Challenger Mobile is not responsible for the information. Challenger Mobile is also not liable for any damage or loss incurred by the Customer as a result of delayed information, interruptions, non-delivery of data, or similar, unless such damage or loss is caused by gross negligence on the part of Challenger Mobile.

Challenger Mobile’s liability towards the Customer is limited to damages caused by Challenger Mobile through gross negligence. Challenger Mobile is only liable to pay compensation for direct damages.

10.     FORCE MAJEURE

A party shall be exempt from liability and other consequences if the performance of a specific commitment is prevented or significantly impeded by circumstances that the party could not reasonably control or foresee. Exempting circumstances may include lightning strikes, fires, governmental regulations or other public regulations, in Sweden or abroad.

11.     TERMINATION OF THE AGREEMENT

Challenger Mobile has the right to terminate the Agreement with immediate effect and issue a final invoice to the Customer if the Customer is declared bankrupt or fails to pay overdue fees despite repeated reminders, or otherwise commits a material breach of the agreement.

If the Customer provides important incorrect information to Challenger Mobile, Challenger Mobile has the right to block the Service for further use until corrected information is provided or to terminate the Agreement with immediate effect.

12.     SERVICE SUSPENSION

Challenger Mobile has the right to immediately suspend the Customer from further use of the Service if:

– In Challenger Mobile’s opinion, the Customer breaches the Agreement, for example, by not paying the agreed and due fee within the specified payment period.

– The Customer engages in illegal activities for which the Service is used, or there are illegal elements in such activities.

– The context in which the Service is used is offensive, illegal, or otherwise inappropriate, or if it poses a risk of harm or similar to Challenger Mobile or a third party if the Customer continues to use the Service.

– Challenger Mobile has reason to suspect unauthorized use of the Subscription.

– Upon request from competent law enforcement authorities.

– Or for reasons specified in the Special Terms and Conditions.

13.     TRANSFER OF RIGHTS

Challenger Mobile has the right to transfer rights and/or obligations under the Agreement without the Customer’s consent. The Customer may only transfer the Agreement, including the associated Services, to another party with written consent from Challenger Mobile.

14.     MODIFICATION OF AGREEMENT TERMS

These general terms and conditions apply until further notice.

Challenger Mobile may need to make changes to the Agreement and Services. It is incumbent upon Challenger Mobile to inform the Customer of such changes with a notice period of at least one (1) month. If such changes are to the Customer’s disadvantage, the Customer has the right to terminate the Agreement with effect from the moment the change comes into effect. Such termination must reach Challenger Mobile before the change takes effect.

15.     CUSTOMER DATA

Challenger Mobile intends to process personal data provided in connection with the Agreement or otherwise recorded in connection with the preparation or performance of the Service, in accordance with these General Terms and Conditions, Special Terms and Conditions, or Service Terms and Conditions (e.g., address information, date of birth, credit information, and service usage). In accordance with the Personal Data Act (1998:204), it is specified that the purposes of processing are the fulfillment of the Agreement and customer service, facilitation of information dissemination, and, where applicable, basis for market and customer analysis, business and method development, statistics, and risk management. The personal data may also be processed by other companies within the Challenger Mobile group and by companies collaborating with the group, including for administration and fulfillment of concluded agreements and for taking action requested before an agreement is concluded.

The personal data will also be processed for marketing purposes by Challenger Mobile, companies within the Challenger Mobile group, and collaborating companies. By entering into an Agreement with Challenger Mobile, the Customer consents to the processing of personal data as described above. The Customer has the right, upon written and personally signed request to Challenger Mobile, to receive information about the personal data processed by Challenger Mobile and to have any inaccuracies in the personal data corrected. The Customer can also submit a written request for the personal data not to be processed for purposes related to direct marketing. Such a request should be sent to Challenger Mobile at the following address: Challenger Mobile Technology AB, Kistagången 20b, 164 40 Kista.

16.     NOTIFICATIONS

Notifications sent by letter shall be deemed received by the recipient on the third business day after sending. Notifications sent by fax or electronic mail shall be deemed received by the recipient immediately. Challenger Mobile uses the contact information provided by the Customer.

17.     TERM OF THE AGREEMENT

The entered Agreement is valid unless otherwise agreed until further notice, with a mutual notice period of thirty (30) days (except as stated above in points 3, 4, 5, 10, and 12). If an Agreement with a specified duration has been agreed upon, the Agreement will continue indefinitely unless otherwise agreed. Termination of the Agreement shall be made in writing.

18.     TERMINATION OF THE AGREEMENT

When the Agreement ceases to be valid, the Customer’s right to use the Service also ceases. The paid fixed periodic fee will be refunded to the extent that it applies to the period after the termination of the Agreement, except in cases where the grounds for the termination of the Agreement can be attributed to the Customer’s breach of contract. Amounts less than 50 SEK will not be refunded.

19.     DISPUTE

If the Customer and Challenger Mobile disagree, the dispute shall, in the first instance, be resolved through negotiation and agreement. If an agreement cannot be reached, the dispute may be submitted to the General Complaints Board (Allmänna reklamationsnämnden) or to a general court. Any complaints concerning this agreement should be made within three (3) months after the party became aware or should have become aware of the matter on which the complaint is based. Complaints should be made in writing.