These Customer Terms (the "Terms"), together with the order form and the Data Processing Agreement ("DPA"), form a binding contract (the "Agreement") between Real Talk AI AB ("Real Talk") and the Customer. Real Talk and the Customer are each referred to as a "Party" and together as the "Parties".
1. Definitions
"AI" means artificial intelligence.
"Customer" means the organization you represent in this Agreement. The organization owner is identified in the organization settings.
"Customer Data" means data or material uploaded by the Customer to Real Talk's platform, or otherwise shared with Real Talk for the purpose of using the Services.
"Services" means Real Talk's AI support and services within the platform, as well as any associated services specified in the order form.
"Start Date" means the day the Agreement is entered into, as specified in the order form.
"Output" means any results, responses, or outputs derived from Customer Data and generated by the Services.
2. The Services
Real Talk will make the ordered Services available to the Customer from the Start Date in accordance with this Agreement and will ensure that the Services comply with applicable laws and regulations, provided the Services are used according to the Agreement and Real Talk's instructions from time to time.
Real Talk reserves the right to change the Services at any time, as long as the functionality is not materially impaired and the change is not otherwise materially detrimental to the Customer. Real Talk may make such detrimental changes without the Customer's consent where required by mandatory law, ordinance, or government decision.
3. Customer's Obligations
The Customer agrees to use the Services only in accordance with this Agreement and Real Talk's instructions from time to time.
The Customer is responsible for maintaining the confidentiality and security of all login credentials, including usernames and passwords, associated with administrator and authorized user accounts. The Customer is also responsible for implementing updates, patches, and new versions of the Services as reasonably made available by Real Talk. Real Talk is not liable for any damages, losses, or other liabilities incurred by the Customer, its authorized users, or any third party arising from failure to comply with this clause.
The Services may only be used for the Customer's own business purposes as specified in this Agreement. The Customer is liable for, and undertakes to indemnify Real Talk against, all costs, expenses, damages, and losses — including interest, fines, and legal and other professional fees — awarded against, incurred by, or paid by Real Talk as a result of any breach by the Customer of its undertakings under this Agreement relating to Customer Data or wrongful use of the Services.
4. Price and Payment
The Customer will pay for the Services according to the terms agreed separately between the Customer and Real Talk.
Invoices are due no later than 30 days after the invoice date. All prices are stated in SEK and exclusive of VAT. If payment is not made on time, Real Talk will charge fees for payment reminders and debt collection, and the Customer will pay interest on the outstanding amount in accordance with the Swedish Interest Act (Räntelag (1975:635)). Real Talk reserves the right to restrict the Customer's access to the Services if invoices are not paid on time.
Prices are subject to annual indexation of 3% per annum. Real Talk further reserves the right to change the prices set out in this Agreement on 30 days' notice. If the price change is material and the Customer objects, the Customer may terminate the Agreement by written notice, effective 30 days from receipt of that notice.
5. Support
Real Talk offers remote support by phone and at support@realtalk.ml. Support is provided with competence and care, in a professional manner, and in accordance with the methods and standards typically used by Real Talk.
Real Talk operates 24/7 system monitoring, automated failover systems, and geographically distributed data centers to ensure service continuity during unexpected incidents.
Real Talk commits to responding to critical support tickets (e.g. service outages) within 1 hour during normal office hours (typically 9:00–17:00, Monday to Friday, excluding public holidays) and resolving such issues within 4 hours. Non-critical issues will be addressed within 1 business day.
6. Product Updates
Real Talk reserves the right to modify or discontinue features and content of the Services at any time, temporarily or permanently, without liability to the Customer. For the avoidance of doubt, such disruptions, modifications, or discontinuations will not be considered a breach of Real Talk's obligations under this Agreement.
7. Intellectual Property
Real Talk reserves all rights and ownership to the Services, including all associated intellectual property rights. Real Talk owns all rights — including intellectual property rights — to the Services and their components, including the technical solution and any content provided by Real Talk, as well as all results generated from Real Talk's performance and provision of the Services.
The Customer may not copy, modify, reproduce, alter, or create adaptations of the Services, tools, or other materials belonging to the Services, nor transfer or grant the right to such materials to any third party, unless approved in writing by Real Talk.
Subject to the Customer's timely payment of the applicable fees and continued compliance with all terms of this Agreement, Real Talk grants the Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Services in the Customer's business operations. This license is valid until the Agreement expires, unless otherwise agreed in writing.
8. Customer Data
The Customer holds all rights pertaining to Customer Data, including any Output generated through the Services. Real Talk is permitted to use Customer Data, including sharing it with authorized subcontractors, to fulfil its obligations under this Agreement and to improve and develop the Services.
The Customer is solely responsible for Customer Data and for ensuring that it complies with all applicable laws, guidelines, and recommendations for the Services, as well as any written information from Real Talk regarding use of the Services.
9. Indemnification for Infringement
Real Talk will indemnify and hold the Customer harmless against any liabilities, damages, costs, and expenses (including legal fees) finally incurred by the Customer as a result of a third-party claim that the Services infringe that third party's intellectual property rights. The indemnification is subject to the following conditions: (i) the Customer promptly notifies Real Talk of the claim; (ii) Real Talk is entitled to take full control of the defense and/or settlement of the claim; and (iii) the Customer provides all information and assistance reasonably requested by Real Talk for the defense.
Real Talk will have no liability for infringement resulting from the Customer's use of the Services in breach of this Agreement, or from the Customer's use or combination of the Services with any third-party hardware, software, or services, where the infringement would have been avoided but for such use or combination.
If the Services (or any part of them) are held, or are likely to be held, to infringe a third party's intellectual property rights, Real Talk will, at its sole discretion: (i) procure for the Customer the right to continue to use the Services on the terms set out in this Agreement; (ii) modify or replace the infringing portions of the Services so they become non-infringing; or (iii) terminate this Agreement on written notice and refund any prepaid fees for the Services.
This Section constitutes Real Talk's entire liability and the Customer's exclusive remedy for infringement of any third party's intellectual property rights.
10. Warranty and Liability
Except in cases of gross negligence or willful misconduct, neither Party's total liability under this Agreement for each subscription term will exceed the Customer's total cost for the current subscription.
Neither Party will be responsible for indirect or consequential damages arising from this Agreement, including loss of profit, goodwill, data, or business reputation, except in cases of gross negligence or willful misconduct.
The Customer understands that Output generated through the Services is automatically generated, and that similar or identical Output may be generated for other customers of Real Talk. To the fullest extent permitted by applicable law, Real Talk provides the Services "as is" and "as available", with no warranties or conditions of any kind. The Customer acknowledges that the Services may generate Output that is incomplete, inaccurate, misleading, or otherwise unsuitable for the Customer's intended purpose. The Customer is solely responsible for reviewing and validating Output before relying on or using it in any operational, legal, commercial, or compliance-related context.
The performance of the Services depends on the Customer's internet connection, hardware, and network. Real Talk cannot guarantee uninterrupted, secure, or error-free operation of the Services.
11. Confidentiality
Any technical, commercial, or other information of a confidential nature disclosed by one Party (the "Disclosing Party") to the other (the "Receiving Party") will be treated as strictly confidential. The Receiving Party will use such information solely for its activities under this Agreement and will not, during the term of this Agreement or thereafter, disclose it to any person without the Disclosing Party's prior written consent — except to its employees, affiliates, and contractors who need to know the information for purposes related to this Agreement.
The Receiving Party will not use or disclose any confidential information of the Disclosing Party for purposes outside the scope of this Agreement. Nothing in this clause prevents either Party from sharing confidential information with their financial or legal advisors, provided those advisors are subject to confidentiality obligations at least as stringent as those set out here.
These confidentiality obligations do not apply to information that:
(a) has become publicly available before the Services began, becomes publicly available without any breach of this Agreement or through a lawful governmental act, is independently created, or is in the public domain;
(b) was known to the Receiving Party before disclosure by the Disclosing Party;
(c) properly comes into the Receiving Party's possession from a third party that is under no obligation of confidentiality; or
(d) the Receiving Party is obligated to disclose under a judicial or governmental order, provided that the Receiving Party gives the Disclosing Party prompt prior notice so the Disclosing Party may seek other legal remedies to maintain confidentiality.
The Parties' confidentiality obligations survive termination of this Agreement for a period of five (5) years thereafter, except with respect to trade secrets, where the obligations are perpetual.
12. Privacy
The DPA governs the processing of personal data carried out by Real Talk on behalf of the Customer in connection with the Customer's use of the Services.
Please review our Privacy Notice (Information om personuppgifter in Swedish) for more information on how we collect and use data relating to the use and performance of our websites and products.
13. Publicity
The Customer grants Real Talk the right to use the Customer's company name and logo for marketing and promotional purposes on Real Talk's website and in communications with existing or potential customers, in accordance with the Customer's standard trademark usage guidelines as provided from time to time. If the Customer prefers not to be used as a reference, the Customer may notify Real Talk by email to its Real Talk contact person.
14. Term and Termination
This Agreement enters into force on the Start Date and remains in force during the subscription period stipulated in the order form (the "Initial Term"). Upon expiration of the Initial Term, the Agreement will automatically renew for successive periods of the same duration (each a "Renewal Term"), unless either Party gives notice of termination at least three (3) months before the end of the Initial Term or the then-current Renewal Term.
Either Party has the right, in whole or in part, to terminate this Agreement with immediate effect if the other Party materially breaches the Agreement, cancels its payments under the Agreement, enters into liquidation (voluntary or compulsory), or becomes insolvent.
Real Talk will delete all Customer Data no later than sixty (60) days following termination of the Agreement, unless otherwise agreed in writing between the Parties.
15. Force Majeure
In the event of occurrences beyond the reasonable control of a Party — including but not limited to denial-of-service attacks, failures by third-party hosting or utility providers, strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental actions — neither Party will be held liable for any failure or delay in performance of its obligations under this Agreement.
A Party will notify the other Party of any risk that an obligation cannot be performed, or will be delayed, due to a force majeure event.
If a force majeure event continues for six (6) consecutive months, either Party may terminate this Agreement on 30 days' written notice to the other Party. If the force majeure event continues at the expiry of the notice period, the Agreement will terminate. Such termination is without prejudice to the rights of the Parties in respect of any breach occurring prior to termination. On termination, the Parties are released from further performance of the Agreement.
16. Miscellaneous
This Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior agreements, arrangements, communications, and warranties — whether oral or written — by any representative of either Party.
The Customer may not transfer this Agreement, or its rights and obligations under it, to any third party without Real Talk's consent.
Real Talk may, without the Customer's consent, transfer all or part of this Agreement, or its rights and obligations under it, to companies within the same corporate group as Real Talk.
Real Talk reserves the right to modify or update these Terms at any time at its sole discretion. Any changes will be posted on Real Talk's website, and the updated Terms will indicate the date of the latest revision. The updated Terms will become applicable 20 days from the day they are published. Real Talk will use reasonable efforts to notify users of any material changes to the Terms by email.
17. Applicable Law and Jurisdiction
This Agreement is governed by the substantive laws of Sweden. Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, will be finally settled by the courts of Sweden. The District Court of Stockholm (Stockholms tingsrätt) will be the court of first instance.