The following Terms and Conditions are valid from January 1, 2020 and replace all previous versions.
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
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
Platform: intellify platform and selected add-on
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 email@example.com.
9.3. The subscription is renewed automatically at the end of the subscription period, unless cancellation has taken place.
9.4. You can contact firstname.lastname@example.org 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
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
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.