Subscription Terms and conditions
These Terms are effective from 17-01-2018 and replace our previous terms.
Subscription and conditions
ComplyTo Solutions ApS has the objective of helping small and medium-sized enterprises in handling their documentation and administrative procedures regarding compliance. We offer the compliance system ComplyTo GDPR.
These terms and conditions of subscription are accepted by clicking "I have read and accepted the Terms and conditions", when you sign up for an account, by using the application or services and apply between ComplyTo Solutions Ltd. VAT number 29448264, Titangade 11, 2200 Copenhagen N, Denmark (hereafter "ComplyTo") and the customer (hereafter "Customer"). If the Customer is a legal entity these terms and conditions are accepted on behalf of the Customer.
This service is supplied as business to business.
Besides the Application this company runs www.complyto.com, other websites and online channels (Websites), where potential customers and users find useful information and help about the Application.
Duration and billing
The subscription becomes effective from actively starting a subscription and is active until it is cancelled in accordance with these Terms and conditions.
After registering for an account, you get access to a free of charge account with limited features. To use the full amount of features, the customer must choose a paid subscription.
The first billing period starts when the customer has chosen a subscription. Hereafter customers will be billed monthly or annually depending on the choice of subscription, unless other agreements or conditions has been made.
The Customer gets non-exclusive access to use the Application with these Terms and Conditions. The Application is available online as an Software as a Service product. The Customer do not get the Application nor a copy or part of it and obtains no licens to use the Application in any other way than as a Software as a Service.
The Subscription gives the Customer access to use the Application for the number of processes, users, add-ons etc. appearing in the specific subscription types as the Customer has chosen.
In the Application or on ComplyTo's website appears an overview of the subscription types and add-ons. For some features, services and add-ons exist specific terms and conditions, which must be accepted in addition to these terms and conditions before use.
Access to use of the Application applies only the Customer and its potential advisors. The Application may not be used on behalf of others than the Customer or to process data or provide services to others than the Customer. The Customer vouch for and have the full responsibility for possible third parties, which the Customer provides access to the Application or is using the Customer's login details.
The Customer is not entitled to transfer the account to a third party, neither fully nor partially, or to give a third party access to the Application. However, it is eligible for the Customer to give access to the Application to direct advisors, within the amount of user licenses in the subscription.
The Customer must ensure, that the Application is not used in a way damaging ComplyTo's name, reputation or goodwill, or is in contravention with the law or other rules.
Prices and payment terms
Billing period and time of payment is visible in each specific subscription type. Unless provided otherwise the payment will be charged on the Customer's credit card when accepting the subscription, which coincides with the billing date.
When the Customer starts its subscription, he/she automatically accepts, that ComplyTo continuously withdraw the subscription price through the Customer's credit card. If the Customer use add-on features, he/she accepts that an add-on fee is charged for these.
When ComplyTo withdraws the subscription price, an email receipt will be send to the Customer's email address.
The Customer can change the credit card used for payment.
We accept the following debit cards: Visa/Dankort, Visa and MasterCard.
These terms and conditions apply as long as the Customer has an account, which gives access to the Application or use the Application or our Websites.
The Application and add-on products/services is offered exclusively digital for Business to Business, and therefore there is no 14 days right of cancellation or reimbursement.
If the Customer's credit card is denied, access to the Application will be suspended immediately without warning. Access to the Application is given when the payment is received, unless ComplyTo has cancelled the subscription before that.
The Customer accepts, that invoices and reminders send via email to the Customer's email address informed by the Customer, will be considered delivered when send from ComplyTo.
Pricing is found on ComplyTo's website and can be changed by a post on the website with a months warning to the end of a month. Likewise this applies to combination and content of subscription types and add-ons. All price changes apply from the beginning of the first upcoming subscription period. All prices are VAT exclusive.
Cancelling and expiration
The Customer can in the Application cancel the subscription, downgrade the subscription and/or deselect add-ons (unless otherwise is informed in the description or terms and conditions for the specific service). Cancelling of subscription must be done no later than the day before a new subscription period begins.
ComplyTo can cancel the subscription with a three month warning until the end of the subscription period, or without warning if the Customer violates these terms and conditions. By absence of subscription payment ComplyTo reserves the right to block access to the account without further warning until payment of the subscription has been received. ComplyTo can cancel a subscription with a 1 month warning by absence of subscription payment or if the Customer goes bankrupt or insolvency.
The Customer's data
Both parties agree, that the Customer own and handle their own data in the Application.
ComplyTo reserves the right to delete the Customer's data 90 days after the end of the subscription no matter the cause for this, and ComplyTo has no commitment to store data after this.
ComplyTo has the right to store the Customerøs data after the end of subscription for anonymised purposes such as statistics, analysis and delivery of certain functions. The data will not be traced back to the user who gave them. Information derived from statistically collected material can in certain cases be sold to a third party. The data transferred to a third party will never be information about the Customer, persons or data that can be identified as the Customer's or specific persons.
Content in documents or other uploaded files on the platform will not be used for statistical purposes or other analysis and will be deleted no later than 90 days after the subscription's expiration.
ComplyTo can in certain cases, where it assessed as justifiable and fair by ComplyTo, give a third party and authorities access to the Customer's account, comprising in connection with sentence, demands from an authority body, the Customer's bankruptcy, death or similar. All information sent to ComplyTo or is typed in our chats, blogs, tests, email or similar belongs to ComplyTo, and ComplyTo can use this without reimbursing you.
ComplyTo is eligible to make changes, such as updates and improvements of the Application. ComplyTo is eligible to change the composition and configuration of the Application and services. Such updates, improvements and changes can be implemented without warning, and can affect services, including informations and data uploaded to or delivered by the Application.
Operation and availability
ComplyTo aim at having the highest possible operation stability, but is without responsibility for breakdowns or interruptions of operation, including interruptions caused by external factors out of ComplyTo's control. This includes, among others, power failure, equipment flaws, internet connection, telecommunication connection or similar. The Application and service is delivered as it is, and ComplyTo renounce any warranty, claim or other conditions, no matter if they are direct or indirect.
In case of breakdown or interruptions, ComplyTo aim at restoring normal operation as soon as possible.
Planned interruptions will preferentially be done in the time span between 20:00-06:00 CET. Should it be necessary to interrupt acces to the Application outside of this time span, this will be announced before, if possible.
The Application and information given from the Application, except Customer's data, is protected by copyright and other immaterial rights and belongs or is licensed to ComplyTo Solutions Ltd. or affiliates. The Customer must inform ComplyTo about any current or potential violation of ComplyTo's immaterial rights or unauthorised use of the Application, which the Customer learn about.
The Customer will no be handed over any immaterial rights from ComplyTo.
In relation to data uploaded by the Customer and all the Customer's data, the Customer gives ComplyTo and its suppliers sufficient permission and license to responsibly operate the Application and fulfill its commitments and do marketing to the Customer. The Customer vouch for the uploaded data do not violate a third party's rights, and do not contain data offensive or contravene with relevant legislation or other regulations.
ComplyTo has the right to transfer its rights and commitments towards the Customer to affiliates or third party.
The Customer accepts, that ComplyTo has the right to use subcontractors in all relations, including liquidation and operation of the Application and storage of the Customer's data.
ComplyTo renounce any responsibility in relation to these terms and conditions, services or use of the Application, no matter if this occurs in contracts or outside of contracts, including operation loss, collateral damage or other indirect losses, loss of data, loss due to product liability, or loss due to simple negligence.
ComplyTo supplies exclusively guidance to the Customer based on accessible information, and information given by the Customer's relation and ComplyTo's current concept of enacted laws, regulations and/or practice. ComplyTo's suggestions to risks, tasks, policies, agreements etc. can solely be seen as instructional and ComplyTo cannot be seen as responsible for incomplete or imprecise directions.
In case the Customer wishes for guidance or concrete assessments of the company's relations, ComplyTo can refer to business partners within the field being able to assist the Customer with additional guidance.
ComplyTo is not responsible for third party solutions, which already is or will be available and/or integrated with the Application. Thus, ComplyTo cannot be held responsible for correctness, completeness, quality or reliability of the informations nor the achieved results through the third party solutions. Similarly ComplyTo cannot be held responsible for third party solutions' availability, security or functionality, including possible damages and/or losses caused by third party solutions. It lies on the Customer to provide evidence that a loss cannot be attributed to a third party solution.
No matter the type of loss or contractual liability, ComplyTo's financial responsibility islimited to the Customer's maximum payment in the last 12 months.
The Customer assume to indemnify ComplyTo from product liability damages, third party losses and other demands from third party after the Customer's use of the Application.
The Customer accepts to indemnify ComplyTo from any demand or loss, attributable to product liability, losses at third parties or responsibility for third parties, to the extent relevant to the Customer's use of the Application.
Data security and confidentiality
ComplyTo has an obligation of secrecy on all information ComplyTo might be in possession of about the Customer, and is not justified to transfer such information to a third party, unless such information is publicly available, or where ComplyTo has received information from a third party without confidentiality, or where ComplyTo is obliged to transfer information according to legislation or after demand from authority body or court of justice.
ComplyTo has made the necessary technical and organisational safety measures to prevent that data in the Application will be destroyed, lost or deteriorated and against getting in unauthorised hands, abused or handled in contravention with regulations and laws on handling personal data.
ComplyTo gives upon the Customer's request - and payment to ComplyTo according to all times existing fares for such work - sufficient information to the Customer, so he/she can see that the mentioned technical and organisation security measures has been taken.
Documents and files stored in ComplyTo's document archive in the Application is included in a seperat data processor agreement about these files, found in the Application. ComplyTo store these files on behalf of the Customer and do not use files of the content hereof for own purposes. The Customer vouch for ComplyTo's processing of such data and do not violate rights or make agreements with a third party. The Customer must hold ComplyTo indemnified for any loss in relation to this stipulation.
Changes in terms and conditions
ComplyTo has the right to change these terms and condition in any way. The to any time existing terms and conditions will be available on ComplyTo's website. Use of the Application after a change of these terms and conditions is an accept of the changed terms and conditions. It is the Customer's responsibility to stay updated about the existing terms and conditions.
These terms and conditions are subject to Danish law, and any dispute over the subscription and/or these terms and conditions must be instituted the Court of Copenhagen as the first instance.
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