1. The service
1.1 This Agreement provides the Customer with access to DBI IT's internet-based statistics solution Bilstatistik.se under the terms and conditions set out in the Agreement.
1.2 For the duration of the Agreement, DBI IT undertakes to ensure that Bilstatistik.se remains accessible and updated with data in accordance with Clause 1.
1.3 Bilstatistik.se contains statistics on vehicle registrations and stock information about vehicles in Sweden (“Car Database”) and information about business organisations registered as owners and users of vehicles in Sweden (“Company Database”). As a general rule, Bilstatistik.se does not provide data on privately owned companies or partnerships.
1.4 Bilstatistik.se provides information on companies who have opted-out of direct marketing (Reklamskydd) – these will be marked in the database.
1.5 The database on Bilstatistik.se is dependent on the public and private data sources used by DBI IT, which implies that there is a certain error rate. This is indicated by, e.g., the fact that some companies cannot be identified, and therefore appear with the text “Unknown company registration number”.
2. Customer usage
2.1 The Customer may not, without written permission from DBI IT, perform a mass retrieval or mass extraction of the data (for example by using a robot or systematic manual work) available on Bilstatistik.se for inclusion in the Customer’s own systems. Otherwise, there are no limitations on the number of retrievals or extracts that the Customer may perform when using the Car Database (hereinafter jointly referred to as the “Databases”), nor are there any limitations on the frequency of retrievals or extracts.
2.2 The information on Bilstatistik.se is only intended for use by the Customer, i.e. only within the above-mentioned legal entity according to the company registration number. Under no circumstances may the Customer share the data on Bilstatistik.se with any third party, in digital or any other format, in whole or in part, including with any affiliated or associated companies. The information above does not apply to cases of outsourcing of analytical or marketing tasks mentioned in Clause 2.8.
2.3 The databases are protected by copyright law. The Customer may not copy or reproduce the data provided under any circumstances, including using the data for the publication of printed or electronic publications or any form of information service.
2.4 Notwithstanding Clauses 2.2 and 2.3, the Customer is entitled to use knowledge obtained from the Databases in a non-systematic way in communication with customers and business partners about the market in general (for example, information on market share or information on key figures), provided that Bilstatistik.se is cited as the source.
2.5 The Customer is responsible for ensuring that the Customer’s employees do not, under any circumstances, contact companies that have opted-out of direct marketing and that the legislation in this area is respected. Data on these companies may only be used for internal purposes.
2.6 The Customer must take the necessary technical and administrative security measures to prevent data from the Databases from becoming known to unauthorised persons, being misused or otherwise processed in violation of the Agreement or any applicable legislation, including the EU General Data Protection Regulation, data protection legislation and the Swedish Act on the Protection of Trade Secrets.
2.7 In the event that data provided under the Agreement is merged with other data, the merged data may only be used under the terms of the Agreement.
2.8 In relation to third parties who perform analysis or marketing tasks on behalf of the Customer (“External Parties”), the Customer shall be entitled to share data on Bilstatistik.se to the extent required for the performance of such tasks, provided that:
2.8.1 The Customer obtains the External Party’s written acceptance of all of the restrictions set out in the first and second sentences of Clause 2.2 and Clause 2.3 and Clauses 2.5 to 2.7, as though the External Party were itself a party to the Agreement;
2.8.2 The Customer provides evidence of the External Party’s acceptance within 8 days of request from DBI IT, as per Clause 2.8.1; and
2.8.3 The Customer accepts liability to DBI IT for the External Party using any data supplied by the Customer in accordance with Clause 2.7. The Customer is responsible for the permanent deletion of any such data by the External Party immediately after it has performed the individual task for the Customer.
3. Duration of the agreement
3.1 The Agreement enters into force upon signature of the Agreement by both Parties and, unless otherwise stated in the Agreement, the Agreement shall remain in force until terminated by one of the Parties by giving 1 month’s written notice prior to the end of the payment period, in accordance with Clause 4.1.
4. Compensation and invoicing
4.1 Compensation is paid in advance for 3 months at a time, unless otherwise stated in the Agreement. The payment deadline is 30 days from the date of the invoice.
4.2 Compensation is indexed annually on 1 January, starting on 1 January following the entry into force of the Agreement, on the basis of the percentage increase in the consumer price index. Compensation is increased proportionally to the index in force 3 months prior to the start of the first payment period, in relation to the index in force for the same month of the following year, with a minimum cumulative increase of 2% on the compensation in force immediately prior to the adjustment.
4.3 If the consumer price index is no longer being calculated, compensation shall be indexed in accordance with developments in another equivalent index figure or, in the absence of such an index, in accordance with principles which are as close as possible to the stated indexation.
4.4 If, during the term of the Agreement, events occur that cannot be attributed to DBI IT, but which significantly affect the nature and/or scope of the service that DBI IT is to provide under the Agreement, DBI IT is entitled to renegotiate the Agreement. Such events include, but are not limited to, cases where the Customer’s number of users on Bilstatistik.se increases significantly in a very short period of time, for example because the Customer merges with, acquires or otherwise consolidates with one or more of DBI IT's other customers.
If DBI IT and the Customer cannot agree on a new agreement within 14 days of DBI IT requesting renegotiation as described above, DBI IT is entitled to terminate the Agreement at the end of the current payment period.
4.5 DBI IT is also entitled to adjust the payment amount at any time by giving the Customer 3 months’ written notice prior to the end of a payment period. In the event that the Customer does not wish to accept this adjustment, the Customer has the right to terminate the Agreement with 1 month’s advance written notice ending the day before the increased compensation would otherwise take effect.
4.6 All prices are excluding VAT.
4.7 If the Customer requires DBI IT to add a purchase order number or other customer-specific information to the invoices, the Customer must provide such information to DBI IT in writing without delay and without prompting. The same applies if the Customer wants DBI IT to use a different billing address than the address for the Customer as indicated in the Agreement. Any payment delays as a result of circumstances for which the Customer is responsible are considered late payments, and DBI IT is entitled to charge penalty interest based on the due date of the original invoice.
5. Ownership of databases and user access
5.1 The Car Database to which the Customer obtains access under the Agreement is unconditionally the property of DBI IT. DBI IT's right to sell or disclose data from the Car Database to third parties is not affected by this Agreement.
5.2 The Customer recognises that all data extracted from the Databases under the Agreement, irrespective of whether the data is transferred to the Customer by using the data export function on Bilstatistik.se, by means of web services or in any other way (hereinafter jointly referred to as “Data Extracts”), is the unconditional property of DBI IT, in accordance with Clause 5.1. All Customer access to data and any right for the Customer to use Data Extracts will cease upon termination of the Agreement, regardless of the reason. The Customer must then immediately and permanently delete all Data Extracts. The Customer is responsible for ensuring that any Personal Data Processors working on their behalf do the same.
5.3 Access is established for named employees based on their email addresses. User access is strictly personal and may under no circumstances be disclosed to third parties, either inside or outside the Customer’s company.
5.4 The Customer understands that DBI IT logs all user activity on Bilstatistik.se, including which extracts have been performed and the IP addresses from which the users have accessed the solution.
5.5 DBI IT reserves the right to change passwords or cancel user access in cases of suspected misuse. The Customer must immediately terminate an employee’s user access if the employee leaves the Customer’s employment. User accounts can be closed either by logging in to the administration module linked to Bilstatistik.se or by contacting the support department at DBI IT.
5.6 The Customer understands that DBI IT sends service emails to all user accounts every six months for both general information purposes and to verify the continued validity of the email addresses provided.
6. Third party claims or rights
6.1 The Customer shall indemnify DBI IT and DBI IT's subcontractors for any claims that may be made against DBI IT or DBI IT's subcontractors as a result of the Customer’s incorrect use of data provided under the Agreement.
6.2 If proceedings are initiated against DBI IT or DBI IT's subcontractors regarding the Customer’s use of data, DBI IT shall notify the Customer in writing without undue delay.
6.3 Unless DBI IT, with the Customer’s consent, wishes to conduct the proceedings itself, the Customer shall pay for conducting the proceedings on behalf of DBI IT, which in this context also includes DBI IT's subcontractors. In any proceeding or litigation, DBI IT shall be entitled to use its own counsel (unless an agreement has been reached between the Customer and DBI IT as to the choice of counsel), and the Customer is obligated to reimburse DBI IT's reasonable legal fees and expenses in connection with conducting the proceeding.
7. Confidentiality
7.1 Each of the Parties and their staff shall maintain absolute confidentiality on all matters to which the Parties and their staff may become aware from the other Party or from third parties, the non-disclosure of which is required or prescribed by the other Party by virtue of the nature of the matter or the circumstances. Confidentiality applies even after the termination of the Agreement.
8. Defaults
8.1 If a Party materially breaches its obligations under the Agreement, the other Party is entitled to terminate the Agreement with immediate effect and the Customer must delete the transmitted data.
8.2 The following are examples of material breaches by the Customer:
8.2.1 Performing mass retrieval or mass extraction of data from Bilstatistik.se in violation of Clause 2.1.
8.2.2 Utilisation of data from Bilstatistik.se in violation of Clause 2.2, Clause 2.3 or Clause 5.1.
8.2.3 Failure to comply with Clause 2.4, Clause 2.5, Clause 2.6 or Clause 2.7.
8.2.4 Failure to comply with Clause 2.8.1.
8.2.5 Failure to deliver the documentation referred to in Clause 2.8.2 within 8 days (counted from the date of the written request from DBI IT).
8.2.6 Disclosure of information from Bilstatistik.se or login details in breach of Clause 5.3.
8.2.7 Failure to pay for the use of Bilstatistik.se after a reminder. In such cases, DBI IT may choose to suspend the Customer’s user access until payment is made, without the Customer being entitled to compensation for lost access.
8.2.8 Transfer of the Agreement in breach of Clause 11.
8.3 Technical errors or disturbances that may lead to problems in delivering on time may not be cited by the Customer as a material breach of the Agreement by DBI IT regardless of the cause of the event. The Customer will not be entitled to a refund as a result of such an event or as a result of any event mentioned in Clause 9.3 or Clause 9.4.
8.4 DBI IT has the right to reject or suspend the User’s access to the Service if its use is suspected to be detrimental to DBI IT and its operations and other services.
9. Liability for damages
9.1 The parties are liable for damages under the Agreement in accordance with the general compensation rules of Danish law unless otherwise expressly stated in the Agreement. Damage claims against DBI IT may not exceed the annual fee paid by the Customer.
9.2 Neither Party is liable for the other Party’s indirect losses, including loss of profit, loss of production or similar.
9.3 DBI IT is not responsible for delays to agreed deliveries if these are caused by subcontractors. DBI IT is also not liable if the data delivery is limited or interrupted as a result of changes in data availability from the public registers used for this purpose.
9.4 DBI IT is not liable for any losses resulting from errors or omissions in the information provided, including erroneous omissions and non-disclosure.
10. Force majeure
10.1 Neither Party shall be liable to pay any damages in the event of failure to execute the Agreement due to circumstances beyond the control of the Parties, including but not limited to new legislation or administrative practices of the relevant authorities, lightning strikes, floods, fires, wars, labour strikes and lockouts, including any strikes by and lockouts of the Parties’ own employees.
11. Transfers
11.1 DBI IT is entitled to transfer its rights and obligations under the Agreement to a company controlled by DBI IT.
11.2 Otherwise, rights and obligations under the Agreement may not be transferred to a third party without the prior written consent of the other Party.
12. Disputes
12.1 Any disputes that may arise in connection with the Agreement, including disputes about the existence or validity of the Agreement, shall be settled by mediation, if mutually agreed by the Parties. The Swedish National Mediation Office will be asked to appoint a mediator.
12.2 If the Parties cannot agree to settle the dispute through mediation, or if an ongoing mediation is terminated without settling the dispute, either Party may refer the dispute to the Danish Maritime and Commercial High Court in Copenhagen in the first instance.
12.3 This Agreement is governed by Danish law.
This page was last updated in June 2023.