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Updated 2/4/2020
The following Terms and Conditions are valid from January 1, 2020 and replace all previous versions.
OVERVIEW:
01. About intellify
02. Acceptance of subscription and terms
03. Subscription terms of intellify
04. Use of the platform and purchase of additional products and services
05. Limitations and restrictions
06. Price and payment terms
07. Duration of the agreement
08. Right of cancellation and refund
09. Termination and subscription renewal
10. Transfer
11. Customer data
12. Access to own data
13. Customer use of the platform
14. Operational stability
15. Responsibilities and limitations of liability
16. Copyright and intellectual property rights
17. Disputes
intellify ApS (intellify / us / we) helps companies optimize insights and take action on their data. We offer an online business intelligence and analytics solution (Platform). Furthermore, a range of additional products and services are offered. In addition to the Platform, intellify operates https://intellify.dk and other online channels (Websites) where information and help are available to current and potential users of the Platform. The Platform, Websites and additional Products and Services are offered exclusively to business customers. All use of the Platform, Websites, and additional products and services is subject to these terms and conditions and our Privacy Policy that you (the Customer) must accept to use the Platform and our Websites. Please note that special conditions may apply in addition to these terms of use for individual product and services. intellify may at any time change and update these Terms and Conditions and information about rights. The current Terms and Conditions will always be available on our Website. Use of the Platform and / or our Websites after a change of Terms is considered the Customer's acceptance of the changed Terms.
Platform: intellify platform and selected add-on
modules.
Usage Data: A type of data generated when using the
Platform. Usage data contains Customer data, technical information and traffic information (operating
system, browser type, keyboard language, IP address and the like) and aggregated Customer or user generated
data (session duration, feedback, data processing, accounting periods and the like).
Data Controller: The body that decides for what purposes
and with what tools that personal data may be processed.
Data Processor: The body that processes Personal Data on
behalf of the Data Controller.
Customer Data: Data belonging to the customer (or its
users) and processed in the Platform such as customer databases, invoices and other forms of production data
and documents.
Personal information: Any information that can be related
to an identified person, or data that can directly or indirectly identify a person.
2.1. The present Terms of Purchase (hereinafter "Terms") are entered by ticking "I accept terms and data processing agreement." on the order form and apply between intellify ApS, CVR number 37348031, Hammerensgade 6, st. 1267 Copenhagen K hereafter “intellify” and you as a customer.
3.1. Our Platform is offered exclusively to corporate
customers and our service is thus business to business.
3.2. If you represent a company that becomes a customer
with us, you personally vouch that you can legally accept these terms on behalf of the company.
3.3. We may change and update these Terms and Conditions
at any time. The applicable terms will always be available on our websites. Use of the Platform and / or our
websites after a change of these conditions is considered your acceptance of the changed conditions.
4.1. By using the Platform or otherwise entering into an
agreement with intellify about the use of the Platform or purchase of additional products and services, you
agree to these Terms and Conditions.
4.2. Subject to your acceptance and compliance with these
Terms and Conditions, intellify grants you a limited, personal, non-exclusive, time limited and
non-transferable right to use the Platform. This right applies exclusively to you and your users and the
Platform may not be used for others or provide other services to third parties. You warrant and have full
responsibility for those whom you grant access to the Platform or who use your login.
4.3. Except as expressly set out in section 5 the
Customer is not granted any rights, either directly or indirectly, to access, use or otherwise utilize the
Platform in any way.
4.4. All rights not expressly granted are reserved by
intellify.
5.1. You may not reverse engineer the Platform or
otherwise attempt to investigate, modify or reproduce the source code and / or its structural framework and
/ or the principles on which the Platform is based, unless otherwise provided by mandatory law.
5.2. You may not copy, distribute, make available,
license, rent, loan or otherwise dispose of the Platform, unless otherwise expressly agreed in writing.
5.3. You are not entitled to change, modify or otherwise
alter the Platform made available under these Terms and Conditions, and the Customer is thus solely entitled
to access and use the Platform in the form provided by intellify.
5.4. You are not entitled to use the Platform to access
or attempt to access the content of any third party content or otherwise use or attempt to use the Platform
in a manner that is not intended under these Terms and Conditions or otherwise violates the rights of any
third party.
5.5. You may not modify or remove any trademark or
copyright notices, patents, trademarks or other rights contained in or otherwise implemented in the
Platform.
5.6. You are obliged to ensure that you have obtained all
necessary rights and / or are entitled to all information prior to the storage and processing of the
information in question using the Platform. Without limiting the general content of the foregoing, the
Customer may under no circumstances store information in violation of (i) the rights of third parties,
including intellectual property rights and / or (ii) applicable law. intellify is entitled but not obliged
to delete information which, in intellify's discretion, constitutes a breach by the Customer of these
claims, and the Customer is not entitled to compensation for this reason.
5.7. You are required to act in accordance with all
intellify instructions and requests for removal of information stored by the Customer using the Platform.
6.1. The prices applicable at any time are shown on the
Platform and all prices are quoted in Danish kroner and are ex. VAT. We reserve the right to change the
composition, content and prices of products and subscriptions with email notification, by posting on our
Websites or on the Platform.
6.2. Changes in taxes, insurance, net price index,
exchange rates, freight and purchase costs imply that intellify can adjust prices so that intellify is set
unchanged.
6.3. Payment date and billing period are shown for the
individual subscription type including the number of users. Unless otherwise expressly agreed or stated in
the subscription terms, the subscription amount is charged monthly prior to the selected subscription
period.
6.4. If additional services or extended features are
used, it is agreed that these additional services or extended features will be paid separately.
6.5. By entering into a subscription plan, you
automatically allow us to continuously withdraw the subscription amount on your card. If you make use of
additional services or extended features, you agree to pay separately for these additional services or
extended features.
6.6. In connection with payment for subscription renewal
and / or additional services, the Customer will receive an invoice for the purchase sent to the Customer's
e-mail. Payment terms and details are stipulated on the invoice. Unless otherwise expressly agreed or stated
in the subscription terms, the payment due date is 8 days.
7.1. These Terms apply as long as the Customer has an agreement / account that gives access to the Platform or otherwise uses the Platform or our Websites.
8.1. The Platform and additional products / services are offered exclusively digitally to businesses, and therefore no 14-day cancellation right applies.
9.1. Termination must occur no later than the day before
a new subscription period commences and constitutes one month.
9.2. Termination takes place by writing to
support@intellify.dk.
9.3. The subscription is renewed automatically at the end
of the subscription period, unless cancellation has taken place.
9.4. You can contact support@intellify.dk at any time to
have your account deleted. This will be considered a cancellation of your subscription.
9.5. If an account is terminated or deleted during a
subscription period, you will continue to be required to pay for the Service until the subscription has
expired. Your obligations under this Agreement apply throughout the subscription period.
9.6. We reserve the right to cancel the subscription with
3 months notice.
9.7. If your payment has failed, for example, if there is
no cover in your account, we reserve the right to temporarily close your account immediately after the
non-payment has been registered until payment has been made.
9.8. In the event of a material breach of these Terms,
intellify may terminate the subscription with immediate effect.
10.1. We reserve the right to freely transfer our rights and obligations to you to a group affiliate or third party. We also have the right to use subcontractors, including for storing and processing data. The list of subcontractors we use for data processing can be found here: here.
11.1. As a customer, you are the Data Controller in
respect of any Personal Information that is uploaded and processed on the Platform. In addition, you as
a Customer own your own data on the Platform. To these conditions, a data processing agreement has been
made, to which reference is made as to additional conditions for processing Personal Data. Personal data
for which we are responsible for processing is processed in accordance with our Privacy Policy.
11.2. We are entitled to retain Customer Data upon
expiry in order to use it in anonymized form for statistics and analysis of the Platform.
11.3. We may use Usage Data to maintain, offer and
develop additional business intelligence and analytics services on the intellify Platform, pricing the
Platform and Services and marketing in accordance with law, if the necessary security measures have been
taken. In cases where Personal Information such as email address and IP address are included in this
work, we must anonymize this data. If anonymization is not possible due to technical or practical
limitations, we must implement alternative compensatory security measures to ensure applicable
legislation.
11.4. We may share Usage Data with other companies in
the intellify Group under the same terms and conditions as described in this Agreement.
11.5. We may grant third parties and authorities
access to Customer Data, however only in accordance with the relevant data protection law in connection
with judgment, regulatory requirements, the bankruptcy of the customer, death or the like.
11.6. Information derived from aggregated and
statistically collected material may in special cases be sold to third parties. Specifically, it should
be mentioned that the data is anonymous, and you will thus not be able to be identified at any time.
11.7. When paying, your Personal Information is
processed by one or more payment companies. For more information about the payment companies that we
use, we refer to their terms and conditions.
12.1. You have full access to your own account and
data at any time. Downgrading to a free subscription means that you will no longer have access to the
data that is part of a paid subscription. We will keep this data for as long as you are actively using
the Platform and you can access this data again by repurchasing a subscription.
12.2. Customer data is deleted or anonymized on an
ongoing basis as the purpose for which it was collected ends.
12.3. If you have not been active in the service
for 12 months, we will delete your data in accordance with data protection laws. You will be notified
by email a month before your data is deleted.
13.1. You are solely responsible for the content and legality of your data and may not transmit or process any malicious code, data or the like (such as viruses) to the Software or with the Software or use the Software for any illegal or malicious purposes.
14.1. intellify reserves the right to update and modify the Platform and Websites. Efforts are made to perform these updates so that they are not inconvenient to the Customer. In some cases, however, it may be necessary to close access to the Platform and our Websites while updating. intellify strives for the highest possible operational stability for the platform but does not guarantee it.
15.1. The use of the Platform and our
Websites is entirely at your own risk. intellify cannot be held liable for any direct or
indirect loss that may arise in connection with the use and access to the Platform and our
Websites.
15.2. intellify also disclaims responsibility
for problems and losses that arise due to circumstances beyond the control of intellify. This
applies e.g. for power outage, internet connection issues, hardware issues, hacker attacks,
viruses or other forms of force majeure. It is not guaranteed that you can use downloaded files
on any PC, and use will always require that you have software that can open / read relevant
files.
15.3. intellify is liable solely for
intentional or gross negligent circumstances and the maximum liability to the Customer may never
exceed an amount equal to the Customer's total payment of remuneration for one year for the use
of the Platform.
15.4. Use of the Platform, including
automatic suggestions and other assistance from the Platform and intellify support, as well as
other communication with intellify, are to be considered for guidance only, are at your own risk
and therefore intellify cannot be held responsible for this. We do our best to guide you as best
we can, but mistakes can happen. You must check that information, entries etc. are correct.
15.5. Information on our website, on our
Platform or in our additional products / services shall not be considered as legal, tax or any
other form of advice or provision. Please check all your details and contact a counselor about
your current situation for specific advice before making a choice.
16.1. We own the copyright and own other
intellectual property rights to the Platform as well as all material on our Websites and on the
Platform. All use requires our written consent.
16.2. No intellectual property rights to the
Platform or any other material on the Websites or the Platform are transferred to you as a
customer.
17.1. Should there be disagreement between the Customer and intellify, the disagreement shall be settled according to Danish law in district court (Byretten) in Copenhagen as the first instance.
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