1 Acceptance of Terms
These Terms of Service ("Terms") are entered into between Trailed AB, reg. no. 559573-4194, a Swedish company with registered office at Nordenskiöldsgatan 11A, 211 19 Malmö, Sweden ("Deem," "we," "us"), and the organization you represent ("Customer," "you"). They govern access to and use of Deem's AI-powered customer success platform, including our website, applications, APIs, and related services (the "Service").
These Terms form part of the agreement between Customer and Deem (the "Agreement"). "Agreement" means the applicable order form, subscription agreement, proposal, statement of work, or other commercial document executed or accepted by Customer and Deem that references these Terms (each an "Order Form"), together with these Terms and any documents incorporated by reference, including the Data Processing Agreement ("DPA"), the Security Policy, any applicable service description, and any agreed service level agreement ("SLA"). An Order Form may be signed, accepted, or otherwise agreed through an electronic signature or contracting platform.
By accessing or using the Service, or by executing or accepting an Order Form referencing these Terms, you agree to be bound by the Agreement. If you are acting on behalf of an organization, you represent that you have authority to bind it. The Service is intended for internal business purposes only.
2 Service Description
Deem provides an AI-powered platform for post-sales customer success. The Service connects to systems you already use (such as CRM, email, support, and product analytics tools), ingests and analyzes data from those systems, and provides:
- AI-driven assessments of the health of your customer relationships
- Detection of revenue signals such as churn risk and expansion opportunity
- Configurable automated workflows that can take actions on your behalf, including drafting and sending communications, creating records in your connected systems, and notifying your team
- Conversational assistants for configuring the Service and analyzing your customer data
3 Accounts
You agree to provide accurate registration information, ensure that only authorized users access the Service, keep credentials secure and personal to each user, and promptly disable access for users who no longer require it. You remain responsible for all activity under your accounts and must notify us promptly of suspected unauthorized access, credential compromise, or other security incidents involving your accounts.
4 Connected Accounts and Integrations
4.1 Authorization. The Service operates by connecting to third-party systems you designate (“Connected Accounts”), typically via OAuth or similar authorization mechanisms. You control the scope of access granted to the Service and may limit or revoke a connection at any time. You are responsible for ensuring that the permissions you grant are appropriate for your intended use of the Service. Limiting or revoking a connection may prevent some features from functioning.
4.2 Your authority to connect. You represent and warrant that you have all rights, permissions, consents, and lawful bases required to connect each Connected Account, to grant the Service access to the data it contains, and to instruct the processing of such data — including personal data relating to your customers and their personnel. You are responsible for ensuring that your use of the Service complies with your own agreements, privacy notices, internal policies, and applicable law.
4.3 Actions through Connected Accounts. Certain features may take actions through your Connected Accounts — for example sending an email from your connected mailbox, creating or updating records, or triggering workflows. All such communications and actions are made on your behalf and in your name. You are the sender or actor of record and remain responsible for the content, configuration, authorization, and legal compliance of communications and actions made through your Connected Accounts.
4.4 Third-party terms and changes. Connected Accounts remain subject to their providers’ terms, policies, and technical limitations. We are not responsible for third-party services’ availability, performance, security, data practices, API changes, outages, rate limits, or continued interoperability with the Service. We may modify or discontinue integrations where reasonably necessary due to changes in third-party services, legal requirements, security risks, or technical constraints.
5 AI Systems and Autonomous Agents
5.1 Nature of AI outputs. The Service uses large language models and other AI technologies. AI systems are probabilistic: they can produce output that is inaccurate, incomplete, outdated, biased, or unsuitable, even when operating as designed. Identical inputs may produce different outputs. You are responsible for reviewing and validating AI-generated outputs before relying on or using them.
5.2 Assessments are informational. Customer relationship assessments, scores, signals, classifications, summaries, predictions, and recommendations are informational aids intended to support your team's judgment. They are not statements of fact, professional advice, or guarantees of outcomes, and must not be the sole basis for decisions that could materially affect your business, customer relationships, or individuals.
5.3 Autonomy levels and your configuration. You configure how autonomously automated workflows operate — from human-approval-required to fully autonomous. The Service provides approval gates, guardrails, rate limits, cooldown periods, duplicate suppression, simulation tools, and audit logs. You are responsible for configuring these controls appropriately to the sensitivity and risk of the actions involved, reviewing agent output where review is enabled or required, and monitoring agent activity through the audit tools provided.
5.4 Responsibility for agent actions. Where you enable autonomous execution, you acknowledge that AI agents may take actions — including sending communications to your customers — without human review of each action. Such actions remain yours under Section 4.3. You must use appropriate human review and safeguards for high-impact, legally significant, sensitive, or customer-material actions.
5.5 No reliance; limitation. To the maximum extent permitted by law, Deem disclaims liability for loss arising from (a) inaccuracies in AI-generated outputs, (b) decisions made in reliance on AI-generated outputs, or (c) actions taken by autonomous agents operating within the configuration you set. This Section operates together with Section 13.
5.6 No training on Customer Data. We do not use Customer Data to train or fine-tune general-purpose AI models. Where Customer Data is submitted to third-party AI providers, we configure and contract for no training on Customer Data and for retention only as necessary to provide, secure, monitor abuse of, or comply with law in relation to the Service, as further described in the DPA and sub-processor register.
5.7 AI laws and high-risk use. You are responsible for determining whether your use of the Service is subject to laws or regulations applicable to AI systems, automated decision-making, electronic communications, employment, consumer protection, or similar matters. You must not use the Service for any prohibited AI practice or for a high-risk AI system or high-risk use case under applicable AI laws, including the EU AI Act, unless expressly agreed in the applicable Order Form and the parties have agreed the required roles, documentation, human oversight, transparency, logging, monitoring, and conformity-related responsibilities.
5.8 Transparency to recipients. Where your use of the Service involves AI-generated communications, automated outreach, profiling, scoring, or other AI-assisted interaction with your customers, users, or other third parties, you are responsible for providing any notices, disclosures, opt-outs, or other transparency measures required by applicable law or your own policies.
6 Fees, Payment, and Renewal
6.1 Fees. Fees are set out in the applicable Order Form. Unless otherwise agreed in writing, fees are billed in advance and are non-refundable except as required by law or expressly stated in the Agreement.
6.2 Payment terms. Invoices are payable within thirty (30) days of receipt of a correct and complete invoice, unless the applicable Order Form states otherwise. For overdue payments, our exclusive monetary remedy is interest on late payment in accordance with the Swedish Interest Act (räntelagen), without prejudice to suspension under Section 6.5 and termination under Section 16.3.
6.3 Renewal. Unless otherwise stated in the applicable Order Form, subscriptions renew automatically for successive terms of the same length. Either party may decline renewal by written notice at least sixty (60) days before the renewal date. If you cancel, you retain access through the end of the current term.
6.4 Price changes. We may modify pricing with at least thirty (30) days' notice, effective from the next renewal. If we notify a price increase after the deadline for declining renewal under Section 6.3, Customer may decline the affected renewal by written notice within thirty (30) days after receiving the price-change notice.
6.5 Suspension. We may suspend the Service for overdue fees ten (10) days after written notice. We will not suspend for amounts disputed in good faith if Customer pays all undisputed amounts when due and cooperates reasonably to resolve the dispute. We may also suspend the Service immediately, in whole or in part, where reasonably necessary to address an actual or suspected security risk, unlawful use, breach of Section 7, legal violation, or use of the Service that may materially harm Deem, the Service, or a third party. Where practicable, we will provide notice before suspension; otherwise, we will provide notice as soon as reasonably practicable. We will use reasonable efforts to limit the suspension to the affected part of the Service, preserve Customer Data during suspension in accordance with the Agreement, and restore access promptly once the issue is resolved.
6.6 Taxes. Fees are exclusive of VAT, sales, use, withholding, and similar taxes, duties, and governmental charges, all of which are Customer’s responsibility, except for taxes based on Deem’s net income. Where required by law, Deem may invoice applicable taxes, and Customer must provide information reasonably required to determine tax treatment or support an exemption. If Customer is required to withhold or deduct taxes from any payment, Customer must increase the payment so that Deem receives the full amount that would have been received without the withholding or deduction, unless prohibited by law.
7 Acceptable Use
7.1 Acceptable Use. You must not, and must not permit anyone else to:
7.1.1 use the Service unlawfully or in violation of the Agreement, applicable law, third-party rights, or third-party platform terms;
7.1.2 submit, connect, process, or transmit data that you do not have the right, permission, or lawful basis to use with the Service;
7.1.3 use the Service to send unlawful, deceptive, misleading, unsolicited, or non-compliant communications, including communications that violate marketing, spam, electronic communications, consumer protection, or similar laws;
7.1.4 use the Service to generate, approve, send, or automate communications or actions that are discriminatory, defamatory, harassing, fraudulent, harmful, or otherwise unlawful;
7.1.5 use the Service for prohibited AI practices, or for decisions producing legal or similarly significant effects on individuals, without appropriate human review, transparency notices, safeguards, and lawful bases required by applicable law;
7.1.6 knowingly or intentionally upload or process special categories of personal data, highly sensitive data, payment card data, government identifiers, authentication credentials, or similar regulated data unless expressly agreed in the applicable Order Form or DPA, or unless incidental processing cannot reasonably be avoided and is handled in accordance with the DPA;
7.1.7 attempt to gain unauthorized access to the Service, other customers’ data, systems, networks, or accounts, or test the vulnerability of the Service without our prior written approval;
7.1.8 interfere with, disrupt, overload, or degrade the Service, including through excessive requests, scraping, crawling, load testing, denial-of-service activity, or circumvention of rate limits or usage restrictions;
7.1.9 introduce malware, malicious code, harmful instructions, prompt injection, or content intended to compromise, manipulate, or bypass the Service, AI models, connected systems, or security controls;
7.1.10 reverse engineer, decompile, disassemble, copy, modify, or create derivative works of the Service except where such restriction is prohibited by law;
7.1.11 use the Service, documentation, outputs, or usage data to develop, train, fine-tune, improve, benchmark, or provide a competing product or AI model;
7.1.12 resell, sublicense, make available, or provide the Service to third parties except as expressly permitted in the applicable Order Form;
7.1.13 remove, disable, bypass, or circumvent approval gates, guardrails, audit logs, security features, usage limits, or technical restrictions; or
7.1.14 use the Service in a manner that could materially harm Deem, the Service, other customers, third-party providers, or any third party.
8 Customer Data and Intellectual Property
8.1 Your data. You retain all rights to data you submit or that the Service ingests from your Connected Accounts ("Customer Data"). Customer-facing outputs generated from Customer Data are treated as Customer Data, except for Deem technology, templates, models, know-how, system data, and underlying Service functionality. You grant us a limited license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, monitor, support the Service and comply with the Agreement. We do not sell Customer Data and do not use it to train AI models. Customer Data does not include aggregated or de-identified data that Deem may use in accordance with Section 8.5, provided that such data does not identify Customer, any individual, or the content of Customer Data.
8.2 Outputs and derived Customer Data. Analyses, assessments, classifications, summaries, recommendations, and similar outputs generated from Customer Data relating to your customers are treated as Customer Data, subject to Sections 8.4 and 8.5.
8.3 Export. You may export Customer Data in a structured, commonly used, machine-readable format at any time during the term, through the application or on request.
8.4 Our rights. The Service, its software, and documentation are owned by Deem. You receive a limited, non-exclusive, non-transferable license for your internal business use during the subscription term. No title or ownership passes to you.
8.5 Usage data. We may collect and use technical, operational, diagnostic, log, and usage data relating to the operation, performance, security, and use of the Service. To the extent such data is derived from Customer Data or Customer’s use of the Service, we may use it only (a) to provide, secure, monitor, support, maintain, and improve the Service and comply with the Agreement, or (b) in aggregated or de-identified form that does not identify Customer, any individual, or the content of Customer Data, for analytics, benchmarking, product development, and similar business purposes.
8.6 Feedback. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use feedback and suggestions without restriction, provided that we do not disclose your Confidential Information or Customer Data except as permitted under the Agreement.
9 Data Protection
Our processing of personal data in our role as personal data controller is described in our Privacy Policy. For Customer Data containing personal data, we act as processor on your documented instructions. Our DPA, including Article 28 GDPR requirements and our sub-processor register, forms part of the Agreement for applicable customers and prevails over these Terms with respect to processing of personal data contained in Customer Data. We will maintain administrative, technical, and organizational measures materially consistent with the Security Policy and will not materially reduce those measures during a subscription term. Customer Data is stored in the European Union, except as otherwise described in the DPA,.
10 Warranties and Disclaimer
10.1 We warrant that the Service will be provided with reasonable skill and care and in material accordance with its documentation, and that we will comply with laws applicable to us as a provider.
10.2 You warrant that you will comply with laws applicable to your use of the Service and that you have the rights described in Section 4.2.
10.3 Except as expressly stated in the Agreement, the Service is provided “as is” and we disclaim all other warranties, express or implied, including fitness for a particular purpose and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free, or that AI outputs will be accurate (see Section 5).
11 Availability and Support
Any availability commitments, support hours, response targets, and service credits are set out in a separate Service Level Agreement where agreed in an Order Form. Absent an SLA, we provide support on a reasonable-efforts basis through our standard support channels during normal business hours, and may perform scheduled maintenance after reasonable advance notice where practicable. We may perform emergency maintenance without advance notice where necessary to protect the Service, Customer Data, or users. Service credits, where agreed in an SLA, are Customer’s sole and exclusive monetary remedy for the availability or support failure to which they relate.
12 Early Access and Beta Features
Early access, beta, or preview features are provided “as is,” may change or be discontinued at any time, may be subject to additional terms, are excluded from any SLA and service credits, and are used at your discretion and risk. We may limit access to beta features or remove them from the Service without liability.
13 Limitation of Liability
13.1 To the maximum extent permitted by law, Deem is not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, business, goodwill, or data, arising out of or related to the Agreement, regardless of legal theory, even if advised of the possibility.
13.2 General liability cap. Subject to Sections 13.3 and 13.4, Deem’s total aggregate liability arising out of or related to the Agreement shall not exceed the fees paid or payable by Customer under the applicable Order Form for the Service in the twelve (12) months preceding the event giving rise to liability, unless the applicable Order Form specifies a different cap.
13.3 Enhanced liability cap. Deem’s total aggregate liability for breach of Section 15 (Confidentiality), breach of the DPA, breach of the Security Policy, or indemnification obligations under Section 14.2 shall not exceed two (2) times the amount that would otherwise apply under Section 13.2, unless the applicable Order Form specifies a different enhanced cap.
14 Indemnification
14.1 By you. You will defend and indemnify Deem against third-party claims arising from: (a) Customer Data, including lack of rights or lawful basis to process it through the Service; (b) communications sent through your Connected Accounts; (c) your breach of the Agreement or applicable law; or (d) your configuration or use of autonomous features contrary to the Agreement or applicable law.
14.2 By us. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with the Agreement, infringes third-party intellectual property rights, and will pay resulting final judgments or settlements approved by us. This obligation does not apply to claims arising from Customer Data, Connected Accounts, third-party services, modifications not made by Deem, combinations with products or services not provided by Deem, use outside the Agreement, or failure to use an update or workaround provided by Deem. If the Service is or is likely to become subject to such a claim, we may modify it, procure rights, or terminate the affected part with a pro-rata refund. This Section states your exclusive remedy for IP infringement.
14.3 Indemnification is conditioned on prompt notice, control of the defense by the indemnifying party, and reasonable cooperation.
15 Confidentiality
Each party shall protect the other's non-public information with at least reasonable care, use it only to perform under the Agreement, and disclose it only to personnel and advisors bound by confidentiality. Exclusions: information that is public without breach, already lawfully known, independently developed, or lawfully received from a third party. Compelled disclosures are permitted with prior notice where lawful. On termination or request, each party shall return or destroy the other party’s Confidential Information, except where retention is required by law, backup retention, or internal compliance policies and remains subject to this Section. These obligations survive for five (5) years after termination, except that obligations relating to trade secrets and other information that remains non-public and commercially sensitive survive for as long as the information remains confidential under applicable law. Obligations regarding personal data are governed by the DPA.
16 Term and Termination
16.1 The Agreement runs for the duration of the subscription term specified in the applicable Order Form.
16.2 By you. Unless the applicable Order Form states otherwise, you may terminate for convenience by written notice, effective at the end of the then-current subscription term.
16.3 For cause. Either party may terminate if the other materially breaches and fails to cure within thirty (30) days of written notice; immediately for breaches incapable of cure, insolvency events, or where continued provision would create a security risk or legal violation. We may terminate for non-payment following the suspension process in Section 6.5.
16.4 Effect. On termination your access ceases, except as needed to export Customer Data. For two (2) months after termination, and subject to the DPA, we will make Customer Data available for export in a structured, commonly used, machine-readable format. Where mandatory switching obligations under the EU Data Act apply, Deem will provide reasonable assistance to export the exportable data within the required transition period, subject to Customer’s timely cooperation, technical feasibility, security requirements, and the DPA. Thereafter we delete Customer Data (including from backups within the backup cycle) except where retention is legally required. Sections 5.5, 8, 13, 14, 15, and 17 survive.
17 Governing Law and Disputes
These Terms are governed by the substantive law of Sweden, excluding conflict-of-law rules. The parties shall first attempt good-faith resolution through direct discussion.
Disputes shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) under its Arbitration Rules, by one (1) arbitrator, with seat in Stockholm, Sweden. The language shall be Swedish if Customer is domiciled in Sweden, otherwise English. Arbitration and awards are confidential.
Notwithstanding the foregoing, either party may seek interim or injunctive relief before any court of competent jurisdiction, and Deem may bring claims for unpaid fees before the courts or authorities of competent jurisdiction.
18 Publicity
Unless otherwise specified in the applicable Order Form, we may identify Customer by name and logo as a customer in our marketing materials and customer lists, in accordance with Customer’s reasonable trademark and brand guidelines provided to us. Any case study, quote, or use of personal references requires Customer's prior written approval. Customer may revoke the permission in the first sentence at any time with reasonable prospective effect, and we will stop new use within a reasonable time after receiving the revocation.
19 General
19.1 Entire agreement. The Agreement constitutes the entire agreement between the parties regarding the Service and supersedes prior proposals, discussions, and agreements relating to its subject matter.
19.2 Order of precedence. If there is a conflict between documents forming part of the Agreement, the following order of precedence applies: (a) the applicable Order Form; (b) the DPA, with respect to processing of personal data; (c) the Security Policy, with respect to security measures; (d) any applicable SLA, with respect to availability, support, and service credits; and (e) these Terms.
19.3 Amendments. We may update these Terms from time to time. Non-material, administrative, or customer-favorable changes may take effect immediately. Material changes take effect thirty (30) days after notice by email or in-app, unless a longer period is required by law or stated in the notice. If a material change materially and adversely affects your rights or obligations, you may terminate the affected Order Form before the change takes effect. Continued use after the effective date constitutes acceptance.
19.4 Notices. Notices under the Agreement must be in writing and may be delivered by email, in-app notice, or another method specified in an Order Form. Notices to Deem must be sent to legal [at] deem.inc unless the Order Form specifies another address. Legal notices are effective on receipt; operational notices may be effective when sent or displayed.
19.5 Assignment. The Agreement is not assignable by you without our written consent. We may assign the Agreement in connection with merger, acquisition, corporate reorganization, or sale of substantially all assets. Any attempted assignment in breach of this Section is void.
19.6 Subcontractors. We may use subcontractors and service providers to provide the Service, provided that we remain responsible for their performance as required under the Agreement. Sub-processors for personal data are governed by the DPA.
19.7 Export control and sanctions. You must not use, export, re-export, or provide access to the Service in violation of applicable export control or sanctions laws, or for the benefit of any sanctioned person or prohibited end use.
19.8 Relationship; third-party beneficiaries. The parties are independent contractors. The Agreement does not create any partnership, joint venture, employment, agency, fiduciary, or franchise relationship. There are no third-party beneficiaries to the Agreement unless expressly stated.
19.9 Severability; waiver. Invalid provisions are modified minimally; non-enforcement is not waiver.
19.10 Force majeure. Neither party is liable for failure due to events beyond reasonable control. If a force majeure event prevents performance for more than two (2) consecutive months, the other party may terminate the affected Order Form with immediate effect.
20 Contact
Trailed AB · Nordenskiöldsgatan 11A, 211 19 Malmö · legal [at] deem.inc · https://deem.inc