Viafocus Terms of Service

1. Parties and scope

1.1 These terms apply when a school, governing body (huvudman) or other education organisation (the customer) uses the services of Viafocus AB, company reg. no. 559547-4882 (we). They bind the customer when it accepts an order or these terms, or starts using the services. Whoever accepts for the customer confirms they may represent it.

1.2 The services are for professional use in education, not for consumers. Anyone creating an account as a teacher, administrator or guardian must be at least 18.

1.3 Pupils, guardians and staff use the services under the customer's agreement and are not parties. Pupils never accept these terms. Appendix A contains rules the school can show pupils; it is not a contract.

1.4 Guardians. The customer decides whether guardians get an account. Their use is governed by these terms.

1.5 Teachers without a school agreement. A teacher may sign up professionally without a school agreement and is then the customer. The teacher may use the services with pupils, or add pupil data, only with the governing body's approval.

2. Definitions

• Order: a quote, order confirmation or in-service order stating services, scope and price.

• Customer content: what the customer or users put into the services, and AI output created for them.

• Customer data: customer content and personal data we process on the customer's behalf.

• Services: Focuspilot, Studio, the AI features and related websites, apps, software and support.

3. Order of precedence

In case of conflict, this order applies: (1) an agreement signed by the parties, including procurement documents and the customer's contract terms where they form part of it; (2) the PUB-avtal; (3) the order; (4) these terms; (5) the price list. On personal data, the PUB-avtal prevails over everything else unless expressly agreed otherwise. The customer's own standard terms, for example on a purchase order, apply only if the parties have agreed so.

4. The services

Focuspilot helps teachers create a calm working environment when pupils use school computers. Studio is a tool where teachers create lessons and tests that pupils complete. The AI features help teachers create material and get an overview of the lesson. The order states the customer's services; the privacy policy (/en/privacy-policy) and the PUB-avtal state which data is processed. The customer is responsible for its devices, network and Google or Microsoft accounts.

5. Accounts

The customer's administrators create users and remove access when someone leaves. Log-ins are personal. Unauthorised access must be reported at once to support@viafocus.net. The customer is responsible for use of its accounts, except where caused by us.

6. The customer's responsibilities

6.1 The customer decides. The customer decides the purposes and legal basis, which pupils, classes and devices are included, which features are used, school hours and whether guardians get accounts. The customer keeps settings up to date, for example over holidays.

6.2 Legal basis and information. The services do not require consent from pupils or guardians. The customer ensures a valid legal basis and informs pupils, guardians and staff before use, in a way pupils understand.

6.3 Impact assessment. The customer carries out a data protection impact assessment (DPIA) where the GDPR requires it. We provide support material and assist under the PUB-avtal.

6.4 Only what is needed. The customer uses only the features and data needed for teaching. Personal identity numbers (personnummer) are not needed for the services; if the customer adds them anyway, it must justify doing so (Swedish Data Protection Act, ch. 3 s. 10). The customer is responsible for protected identities and for correct links between pupils and guardians.

6.5 Public sector. Customers that are public authorities are responsible for official documents, archiving and disposal. We help with export (section 18).

7. Acceptable use

The services may be used only in education, lawfully and in proportion to the purpose. You may not:

• secretly follow what pupils do, or do so outside school activities or on private devices or accounts;

• follow what staff do or use the services as a basis for decisions about employees;

• save, record or spread what is shown in the services outside the school's purpose;

• enter personal data about pupils into the AI features, especially sensitive data or personal identity numbers;

• infer pupils' emotions, use biometric identification or make decisions about pupils by automated means alone;

• circumvent security features, access other accounts, test vulnerabilities without written permission, scrape data or decompile the services, except where the law allows;

• upload unlawful content, malicious code or infringing content;

• resell or sublicense the services without our written consent.

Vulnerabilities are reported to security@viafocus.net.

8. AI features

8.1 AI features in the services are identified as AI. The user who publishes or shares content is responsible for it, including content created with AI.

8.2 AI output can be wrong or incomplete. The teacher reviews it before using it with pupils. The customer is responsible for how output is used, including that it does not infringe when shared.

8.3 The AI features do not assess pupils, grade them, look for cheating or interpret emotions. AI output must never be the sole basis for a decision about a pupil.

8.4 We do not train AI models on customer data, inputs or AI output, and our AI providers may not do so either.

8.5 Inputs and any rights in AI output belong to the customer or the user. Similar output may be generated for others.

9. Content and intellectual property

9.1 We own all rights in the services, software and documentation. During the agreement the customer has a non-exclusive, non-transferable right to use the services in its education activities.

9.2 Customer content belongs to the customer, the user who created it or the pupil. The customer warrants that it and its users hold the rights, or a licence, to everything they upload, such as images, documents and lesson content. The customer is responsible for its users' uploads (section 20.5). The customer lets us store, process and display it only as needed to provide, protect and support the services.

9.3 We may freely use suggestions from the customer, and usage statistics that cannot be linked to a person or to the customer. We do not sell personal data, show no advertising and do not use pupils' data for our own purposes.

9.4 If someone claims the services infringe their rights, we defend the customer, provided it notifies us promptly and lets us handle the defence. We may change the service, obtain a licence or end it with a refund of prepaid fees. This does not apply to infringement caused by customer content or use in breach of the agreement.

10. Publicly shared lessons and reporting

10.1 Sharing. Teachers can share lessons in Studio's public library, where anyone can see them with the teacher's name. The sharer grants us and other users the right to display, use and adapt the lesson for teaching, free of charge, while it is shared. Copies already made may remain.

10.2 Content rules. Content may not be unlawful, infringing, abusive, threatening, sexual, hateful, unsuitable for children at school, or contain advertising or malicious code. Publicly shared content may not contain personal data about pupils. Only share material you have the right to share publicly. Material copied under the school's copying licence (for example Bonus Copyright Access) or used under the statutory teaching exception is for use within the class and may not be shared in the public library.

10.3 Moderation. We do not review content before it is published. We store it on the user's instruction and act on reports or when we discover a problem ourselves. We remove or block access to infringing content when we become aware of it, and we may suspend repeat infringers. We may also stop showing a lesson in the public library when we find reason to; the lesson stays with the teacher. People make the decisions; we use no automated moderation tools. We may remove or restrict content, disable sharing or, in serious cases, suspend an account. We act objectively and proportionately with regard to fundamental rights, including freedom of expression and the rights of the child.

10.4 Reporting. Anyone can report content to support@viafocus.net, subject "Content report". State why it is unlawful or breaches these terms, the exact link, your name and email (not needed for reports of child sexual abuse) and that the report is made in good faith. We confirm receipt, assess it promptly and communicate our decision.

10.5 Reasons and complaints. If we restrict content or an account, the person affected is told what we did and why, the facts and rules behind it, whether it came from a report and how to complain, unless the law prevents it. The person affected or the reporter can complain within six months to support@viafocus.net, subject "Complaint about decision". A person reviews the complaint and we reverse wrong decisions. Courts remain available. After a warning, repeated manifestly unfounded reports may go unprocessed for a period.

10.6 Crime and points of contact. We inform the police of suspected crimes threatening someone's life or safety. Point of contact for authorities, the Commission and the European Board for Digital Services: info@viafocus.net. For users: support@viafocus.net. Languages: Swedish and English.

11. Prices and payment

11.1 The price is set out in the order or the price list in force at the time of ordering. Prices exclude VAT; VAT is added as required by law.

11.2 Unless stated otherwise, we invoice in advance per period, payable within 30 days. Some services can be paid by card. Undisputed parts of an invoice must be paid.

11.3 For late payment we are entitled to interest under the Swedish Interest Act (räntelagen) and to a reminder fee and late-payment compensation under the Act on Compensation for Debt Collection Costs (1981:739).

11.4 Price changes apply at the earliest from the next period and are announced at least 60 days in advance. The customer may then terminate at the end of the period.

11.5 These terms also apply to free use, which we may end with 30 days' notice.

12. Availability and support

We promise no particular availability unless the order does. Planned maintenance is scheduled outside school hours where possible. Support is available at support@viafocus.net in Swedish and English. We are not responsible for disruptions outside our control, such as the internet, the customer's network and devices, or Google and Microsoft services.

13. Security and incidents

13.1 We take appropriate technical and organisational security measures, described in the PUB-avtal. Commands to pupils' devices are accepted only from accounts the customer has authorised, and only for the customer's own pupils and devices.

13.2 We notify the customer without undue delay, and within 24 hours of confirming a personal data breach affecting its data, with the information it needs for its own notification. The customer likewise notifies us of suspected incidents.

14. Personal data

14.1 For data about pupils and staff in Focuspilot and Studio, the governing body is the controller and we are the processor. We process it only on the customer's documented instructions in the PUB-avtal. For contact persons, billing, support, the website and guardian accounts we are the controller (/en/privacy-policy).

14.2 Our standard PUB-avtal follows the structure of the SKR, Adda and Inera template. We accept the customer's own template where reasonable. The PUB-avtal is signed before the customer adds pupils. Our standard PUB-avtal is at /en/pub-avtal.

14.3 Sub-processors. Current sub-processors and safeguards for transfers outside the EU/EEA are in our list at /en/subprocessors. The customer gives general prior authorisation. We inform customers in advance of changes to our sub-processors, and customers can object, as set out in the PUB-avtal. We are responsible for sub-processors as for ourselves.

14.4 We forward requests from data subjects to the customer within five working days and help the customer respond. Data protection questions: dataskydd@viafocus.net.

15. Confidentiality

15.1 Each party keeps the other's confidential information secret during the agreement and for three years after, except what is public or must be disclosed by law or order.

15.2 Customers that are public authorities are subject to the principle of public access and the Public Access to Information and Secrecy Act (OSL). We ask to be contacted before information we have marked as trade secrets is disclosed.

15.3 Our staff and subcontractors are bound by confidentiality. For public authorities, the Act on Confidentiality in Outsourcing of Technical Processing or Storage of Data (2020:914) also applies.

16. Suspension

16.1 We may temporarily suspend access only (1) to avert an acute security threat; (2) for a serious breach of law, section 7 or section 10 that risks harming pupils or others; (3) if an undisputed invoice is unpaid 30 days after its due date and we have given at least 14 days' written notice; or (4) if a court or authority requires it.

16.2 We suspend as little as possible and warn in advance where we can, otherwise we explain right after. We restore access once the reason ends. The right to export remains.

17. Term and termination

17.1 Subscriptions run per period under the order and renew for the same period unless either party terminates at least 30 days before the period ends.

17.2 Either party may terminate early if the other materially breaches the agreement and does not remedy it within 30 days of written notice, or is insolvent.

17.3 If the customer terminates for our breach, under 9.4 or 21, or under the PUB-avtal, we refund prepaid fees for the remaining time. Termination must be in writing; email suffices. Sections that by their nature survive the agreement continue to apply.

18. Export and deletion

18.1 Until 30 days after the agreement ends, the customer may request an export of customer data, delivered in a machine-readable format within 30 days.

18.2 We delete customer data within 30 days after the agreement ends, or once a requested export has been delivered. On request we confirm deletion in writing. Data the law requires us to keep, such as accounting records, is kept as long as required.

18.3 During the agreement we delete an individual pupil's data within 30 days of the customer's request.

19. Faults

19.1 We provide the services professionally and in line with our documentation. Faults must be reported without undue delay and are fixed within a reasonable time. If we cannot fix a material fault, the customer may claim a price reduction or terminate the service with a refund of prepaid fees.

19.2 We do not promise that the services are always available or error-free, that every attempt to circumvent them is stopped, that AI output is correct, or that the services replace teacher supervision or detect risks to pupils.

20. Liability

20.1 Each party compensates the other's direct loss caused by breach, subject to the limits below. Indirect loss, such as lost profit, is not compensated. If we cause loss of data, we pay reasonable costs of restoring it from the latest backup.

20.2 Each party's total liability is limited to the fees the customer paid in the twelve months before the loss event.

20.3 For breach of the PUB-avtal or the GDPR, and for liability under 9.4 and 20.5, the cap is instead the higher of twice the amount in 20.2 and SEK 500,000. For free use the cap in 20.2 is SEK 10,000.

20.4 The limits do not apply to intent or gross negligence, the customer's payment obligations, or liability towards data subjects under Article 82 GDPR.

20.5 The customer indemnifies us against third-party claims, for example for copyright infringement, arising from customer content or use in breach of law or section 7.

20.6 Claims must be made in writing within six months of when the ground was or should have been discovered.

21. Force majeure

A party is released from sanctions if prevented by circumstances beyond its control that it could not reasonably foresee or avoid, such as war, pandemic, strike, government decisions, major power or internet outages, or cyberattacks that reasonable security measures would not have stopped. Payment for services delivered is not covered. The party notifies the other without delay. If the obstacle lasts more than three months, either party may terminate the affected service.

22. Changes

22.1 During a paid period we do not remove or materially degrade key features without notifying the customer in good time, except where security requires it.

22.2 We notify customers of material changes to these terms in good time before they apply, by email to the customer's administrators and on our website. Changes required by law may apply sooner; changes purely in the customer's favour apply at once. If the customer uses the services after a change has taken effect, the changed terms apply. A signed agreement changes only if the parties agree.

23. General

23.1 Assignment. Neither party may assign the agreement without the other's written consent. We may, however, assign it to a group company or a buyer of the business that assumes all obligations; the customer may then terminate without cost within 30 days on reasonable grounds.

23.2 Sanctions. Each party complies with the sanctions and export rules that apply to it. We may refuse or stop delivery where they require.

23.3 Notices. We send notices to the email address the customer has provided; the customer writes to info@viafocus.net. We do not use the customer's name or logo in marketing without written consent.

23.4 Entire agreement. The agreement, with the documents in section 3, supersedes earlier arrangements on the subject. If a part is invalid, the rest applies. Not exercising a right does not waive it.

24. Law and disputes

Swedish law applies, excluding conflict-of-law rules. The parties first try to negotiate. Disputes are decided by the general courts with the Gothenburg District Court (Göteborgs tingsrätt) as first instance, unless a signed agreement says otherwise.

Language

These terms exist in Swedish and English with the same version number. If they differ, the Swedish version prevails.

25. Contact and company details

Related documents: Privacy policy · PUB-avtal · Sub-processors