Terms of Service (Terms & Conditions for Clients)

These Terms of Service are the contract between you and the Danish corporation, Dot Marketing (“Dot”, “Us”, “We” or “Our”). It describes the Services we will provide to you and how we will interact with each other including other aspects of our business relationship.

By creating a User account or by using our Services, you agree to be bound to these Terms of Service. Please note that we will periodically update these Terms of Service and post the modifications on our Website. If the modified Terms of Service are not acceptable to you, your only option is to discontinue using our Website and Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND SAVE IT. LIKE IN ANY BUSINESS RELATIONSHIP, TERMS & CONDITIONS ARE CRUCIAL. WE THEREFORE CANNOT PROVIDE ANY SERVICES TO YOU UNLESS YOU AGREE TO THESE TERMS OF SERVICE.

Definitions

“Contract”	Means these Terms of Service and all materials referred or linked to in here.
“Client”, “You”, “Your”	Means the person or entity who has a Dot Subscription, uses our Services and who was identified as the customer during the process of creating a “Dot”.
"Intellectual Property"	Means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Services”	Means our platform including website hosting and all of the services, apps, tools, features and any additional products and services available from Our Website, whether free or charged.
“Our Website”	Means any website or Services designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages and sites controlled by us.
“User account”	Means the account created and used to access our Services, including managing subscription(s).
“Page”	Means html pages created using our editor, Dot Apps and our app customizer, which are published and hosted via our Services.
“Content”	Means any textual, visual or aural material. It may include, among other things: text, images, graphics, sounds, videos and animations that are uploaded, downloaded or appearing on any website, site or page published via our Services.
“Visitor”	Means anyone who visits Our Website or any page published via our Services.
“Participant”	Means anyone who visits or participate by but not limited to giving permission to collect information or to be contacted on Our Website or any page published via our Services.
“Contact”	Means a single customer, lead, prospect, or other individual person whose email has been collected and who gave permission to collect any given information or to be contacted – such information is stored under “Audience” via our Services.
“Customer data” or “Information and data”	Means all information and data submitted or collected via any page published via our Services.
“Personal information”	Means the name, email address, phone number and similar information submitted by visitors or participant to any page publish via our Services or by our clients.
“Sensitive information”	Means credit or debit card numbers, passwords, personal bank/financial account information, social security numbers, driver’s license numbers, passport numbers or any similar Personally identifiable information.

Interpretation

In this contract unless the context otherwise requires:

1. A reference to a person includes a human individual, a corporate entity and any organization which is managed or controlled as a unit.
2. A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organization involving that person.
3. In the context of permission, “may not” in connection with an action of yours, means “must not”.
4. The headings and subheadings to the paragraphs to this contract are inserted for convenience only and do not affect the interpretation.
5. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
6. Except where stated otherwise, any obligation of any person arising from this contract may be performed by any other person;
7. A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
8. These Terms of Service apply to all supplies of Services by us. They prevail over any terms proposed by you.
9. This contract is made only in the English language. If there is any conflict in meaning between the English language version of this contract and any version or translation of this contract in any other language, the English language version shall prevail.

Dot Subscriptions

We provide you with four subscription models: Basic, Premium, Enterprise and Agency subscriptions. Premium, Enterprise and Agency subscriptions are offered to you on a 12-month basis. Basic subscriptions are offered to you on either a month-by-month or 12-month basis. Each subscription's features, limitations and pricing are described under ”pricing”, available at https://dot.vu/pricing.

In compliance with these Terms of Service we will provide you with all the Services and features according to any subscription of your choice.

From time to time, we may modify our subscriptions in an effort to improve your experience. This may include changing, adding or deleting Services, Apps, features or functions. Some features of our subscriptions are dependent on Third-party service providers, and we may remove, add or make changes to such features and integrations from time to time according to the Third-party service providers' demands and recommendations.

Free Account

When you register, you automatically gain access to a free basic account. This account allows you to try out any number of templates, without being able to publish and make them available live. You will have access to your free basic account until you upgrade to a subscription.

During the Free basic account tryout, our Services are provided to you “as is” and "as available", without warranty of any kind. Furthermore, we reserve the right to suspend, limit, or cancel your free basic account and any data associated, without the responsibility for recovery and without the obligation of giving a reason or prior notice. If we include any added terms and conditions during your free basic account period, those will apply as well.

Once you upgrade from the Free basic account, you agree to the associated fees, payment terms and any other terms under these Terms of Service.

Beta program

We may from time to time offer certain Services, Apps, features or functions as closed or open beta programs for the purpose of testing and evaluating.

If you participate in any beta program you agree that the beta program is provided to you “as is” and "as available", and without warranty of any kind, we reserve the right to suspend, limit, or cancel the beta program without any reason or time of notice. You will be under no obligation to acquire any paid subscription as a result of your participations in any beta program.

Subscription period

Subscriptions run on either a month-by-month or 12-month basis. The initial Subscription period will take effect on the effective date of your Subscription and expire at the end of the selected subscription period.

The Subscription period will end on the expiration date and cannot be canceled before its expiration.

Upgrade

You are always allowed to upgrade your Subscription to suit your needs or to be compliant with subscription limitations.

For any upgrade made, the differentiation in Subscription fees between the current and desired Subscription is calculated based on the number of days left of current subscription period (“Subscription fee differentiation”). The Subscription fee differentiation and the desired Subscription fee of the new Subscription are charged once the upgrade process is finished.

Limitations of the Subscription

It is your responsibility to always use our Services and features according to any, if mentioned, limitations in the Subscription of your choice. Limitations may apply to, but are not limited to; number of unique contacts, page visits and amount of data storage. If you exceed any limitation, we reserve the right to limit the Services we provide you until your Subscription of choice are compliant again. You hold the responsibility to make such compliance actions happen.

Subscription fees

All Subscription fees are described under Pricing available at https://dot.vu/pricing.

All fees are exclusive of any taxes, which we will charge as applicable. You accept and agree to pay any taxes applicable to your use of our Services. You shall have no liability for any taxes based upon our gross revenues or net income.

For clients throughout the European Union, all fees are exclusive of any VAT and you will be responsible for accounting for any VAT due to the tax authorities in your member state. You represent that you are registered for VAT purposes in your member state. At our request and during your registration, you will provide us with the VAT registration number under which you are registered in your member state.

We reserve the right to modify our Subscription fees at any time upon thirty (30) days written notice. The notification to such a change will be on the Website or in the Services itself. Such a change to our fees will only have effect from the next Subscription renewal period after the thirty (30) days notice.

The Subscription fee will be charged according to the payment method described under Payment.

At our discretion, we may offer free or discounted pricing for use of the Services in any given period or at any given time.

Renewal

Your Subscription is charged in advance and will be automatically renewed at the end of each Subscription period unless you upgrade or cancel your Subscription and thereby inform us that you do not wish to renew your current Subscription of choice.

At any time before your Subscription renewal date, you may use your Subscription page within our Services to access your personal information, upgrade, or cancel the renewal of your next Subscription period, or contact our support in any of these matters.

Payments

You are responsible for keeping your Personal information, billing and credit card information up to date and for paying all fees within a timely manner with a valid payment method.

At expiry of your Subscription period we will automatically take payment from your credit card of the sum specified and associated with the Subscription of your choice. You further authorize us to use a Third-Party to process payments, and consent to the disclosure of your payment information to such Third-Party.

Subscriptions are non-refundable. All payments made to us in connection with our Services are non-refundable, and we do not offer, nor is required to provide, any refunds or credits. There is no circumstance in which you will be entitled to, or Dot is required to provide, a refund or credit. In its sole discretion, Dot may provide a refund if we terminate your Subscription without cause before the end of a Subscription period for which you have paid in full, or if you are seeking a refund otherwise specifically provided for by these Terms of Service.

Subscription License

So far as we allow use of our Intellectual Property, we grant a non-transferable, non-exclusive right and license to you, limited to the terms set out in this contract.

The contract between us comes into existence when we receive payment from you for a Service.

Our contract with you and license to you last for as long as the Subscription period of your choice. Any continuation by us or by you after the expiry of the Subscription period is a new contract under the Terms of Service then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service and/or terms.

THE LICENSE IS INTENDED TO YOU ALONE, YOU MAY NOT SHARE, RENT, LEASE, SELL OR SUB-LICENSE, ANY DIRECTLY OR INDIRECTLY PART OF IT OR ANY CONTENT OR PAGES CREATED USING IT (EXCEPT AS AUTHORIZED IN WRITTEN BY US).

Data Processing Addendum

Incorporated into these Terms of Service by this reference is our Data Processing Addendum available at https://dot.vu/dpa (“DPA”) with respect to the terms of governing the Processing of Personal Data on your behalf

Your account and personal information

When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password associated with your account is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

You agree not to use the account, username or password of another client at any time or to disclose your password to any Third-Party or do anything else that might jeopardize the security of your account.

You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

You agree to notify us of any changes in your information immediately as it occurs. If you do not do so, we may terminate your account.

Inactive User Accounts

We reserve the right to disable or deactivate user accounts of unpaid or canceled Subscriptions, 90 days from a Subscription cancellation. In the event of such disabling or deactivation, all data associated with such a user account will be deleted. We will provide you with prior notice of such termination by email.

Service Communications

We care about our business relations and therefore it is important for us to be able to communicate with you in a timely manner - By providing us with your email address, you accept that we use your email address to send you, but not limited to: Service-related notifications, Services updates, user account communications, newsletters, changes to features of the Service, and special offers. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable and important information. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.

Acceptable Use Policy

You accept to comply with our Acceptable Use Policy available at https://dot.vu/acceptable-use (“AUP”), which is incorporated into these Terms of Service by this reference.

Privacy Protection

We care a lot about privacy and so should you.

By using our Services you consent to the data practices described in our Privacy Policy and Notice available at https://dot.vu/privacy-policy, which is incorporated into these Terms of Service by this reference. You are solely responsible for any information and data you collect using our Services and that such information and data is used, disclosed and protected by you according to your own privacy policies.

We have neither power nor control over any information and data that you choose to collect, you own and retain all rights to such, and we are not in any way responsible for your uses of any information and data that you choose to collect via our Services.

Dot's Intellectual Property

You acknowledge and agree that at all times you will not cause or permit anything, which may damage or endanger our entitlement to the Intellectual Property. You will notify us of any suspected infringement of the Intellectual Property.

You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service.

Further you acknowledge and agree that we retains ownership and control over, but not limited to, "look and feel" (e.g., graphics, illustrations, text, images, videos, logos, buttons, icons and the placement and layout of such), images, video, audio, data, Apps and other media, material or information, other than your content. We reserve all rights that are not explicitly granted to you in these Terms of Service.

Feedback in the sense of: Improving suggestions to our Website and or Services, new ideas for interactive Apps or just general comments are crucial and very important to our business, which is why we encourage all our customers, partners and everyone interacting with us to contact us in any such matter. You acknowledge and agree that any such feedback is to be considered non-confidential and any rights to material or works derived for such feedback belongs to us free of any charge and any rights.

Client's Proprietary Rights

We do not claim any intellectual property rights over the material you upload, publish or transmit, distribute or otherwise make available via, our Services or any information and data you collect. All material remains yours, however, by publishing any page, you agree to allow others to view your content. You can terminate your Subscription and remove any content and data related at any time. If you wish to terminate you Subscription and the associated “Dot” please contact our support.

By uploading images or any other files to our Services in relation to pages you publish, you agree to allow other internet users to view it, allow us to display and store it, and you agree that Dot can, at any time, review all but not limited to images, files and pages you upload, publish, transmit, distribute or otherwise make available via our Services.

You grant us permission to access the material you upload, publish, transmit, distribute or otherwise make available via our Services, including collected materials and customer data only as necessary to provide our Services to you.

If you are using our Services on behalf of another party, you will represent and warrant that you have all sufficient and necessary rights and permissions to do so.

Confidentiality

Confidentiality is as important to us as it is to you or any other business and business relationship.

• WE:
  • Will not disclose your confidential information which is exchanged or generated during these Terms of Service to third parties, except as required in the course of providing our Services. Confidential information includes any materials or information provided by you to us, which is not publicly known. Confidential information does not include any information, which has become publicly known at the time we received it, through no fault of ours, or which we received from someone other than you without breach of our or their confidentiality obligations, or which has or will become available as general knowledge without a breach against these Terms of Service or we are required by law to disclose.
• YOU:
  • Commit not to disclose confidential information to any third parties regarding these Terms of Service or regarding Dot. Confidential information regarding Dot in this context naturally refers to all parts of information, technical, commercial, and all other parts, regardless of whether the information has been documented or not, that we wish to keep secret, with the exception of information which has become publicly known at the time you received it, through no fault of yours or you received from someone other than us without breach of your or their confidentiality obligations or which has or will become available as general knowledge without a breach against these Terms of Service.

Third-Party Sites, Integrations and authentication

IN OUR SERVICES WE PROVIDE DIFFERENT INTEGRATION FEATURES TO THIRD-PARTY SITE OR THIRD-PARTY SERVICE PROVIDERS. THESE ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND IN NO WAY DOES THE AVAILABILITY OF SUCH MEAN THAT WE ENDORSE, SUPPORT OR WARRANTY ANY SUCH THIRD-PARTY SITE OR THIRD-PARTY SERVICE PROVIDER INCLUDING, BUT NOT LIMITED TO, “CONTENT” OF SUCH AND AUTHENTICATION MECHANISMS OF SUCH.

YOU ACKNOWLEDGE AND ACCEPT THAT ANY OF OUR THIRD-PARTY SITE OR THIRD-PARTY SERVICE PROVIDER INTEGRATION FEATURES ARE PROVIDED TO YOU AT YOUR CONVENIENCE AND MUST NOT HAVE ANY VALUE IN ANY SUBSCRIPTION PLAN OFFERED BY US.

We provide authentication mechanisms that can include integration to specific Third-Party site or Third-Party service providers using their authentication process to identify any (“user”) of theirs when participating on any page or app published by you, using our Services and where you enable such authentication mechanisms, for the purpose of but not limited to; convenience and ease of participation of any such participant. All data collected about the participant from using such authentication mechanisms are linked to a specific contact (participant) under “Audience” within our Services linked to your Subscription Plan and are only collected and provided to you on the acknowledgement and permission of the participant, participating on such a page or app. This in compliance with your own Privacy policy.

All of our integrations to any Third-Party site or Third-Party service provider are provide on a “as is” and "as available" basis under any given rules, regulations, policies, business practices and terms required by the Third-Party site or Third-Party service provider of the desired integration feature. It is your sole responsibility to abide by all of the rules, regulations, policies, business practices (including their privacy policies) and terms of any Third-Party site or Third-Party service provider when using any of the integration features we provide to you.

We reserve the right to without any reason or prior notice to at any time disable or remove any integration features to any Third-Party site or Third-Party service provider, we shall not be liable to you or your customers for any loss or expense which is: indirect or consequential of disabling or removing any integrations feature for our Services.

Published Content

All content and material, which You but not limited to; upload, publish, transmit, distribute or otherwise make available via our Services, must comply with our Acceptable Use Policy available at https://dot.vu/acceptable-use (“AUP”)

We have to regulate your use and visit of our Website and Services to protect our business and our staff, to protect other visitors and clients and to comply with the law. These provisions apply to all visitors and clients using and visiting our Website and Services.

We do not undertake to moderate or check every item you publish, but we do protect our business vigorously. If we believe any content published via our Services breaches these Terms of Service or any supplementary terms of ours, we reserve the right to remove or disable such content without any notice. We shall not be liable to you or your customers for any loss or expense, which is: indirect or consequential of removing or disabling any such content.

Content that you publish or transmit, distribute or otherwise make available via our Services, becomes available in the public domains. We have no control over who sees it or what anyone does with it. Even if access to your content is behind a user registration it remains effectively in the public domain because someone has to register and log in, to access it. You should therefore avoid publishing unnecessary confidential information. You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.

You agree that you will not use our Services to publish any content or undertake any activity, which is or may:

• Be unlawful, or tend to incite another person to commit a crime
• Request or collect sensitive information such as passwords, social ID or other personally identifiable information from anyone
• Request or collect personal information from anyone without their acknowledgement and permission
• Infringe any Third-Party “intellectual property” rights or any rights to privacy
• Facilitate the provision of unauthorized copies of another person's copyright work
• Be inaccurate, false, or misleading
• Use the name, logo or trademark of any organization other than that of yours or your customers

Information and data collected

You consent that you are solely responsible for any information and data you collect from any visitor or participant of any content or page that you publish or transmit, distribute or otherwise make available via our Services and that such is used, disclosed and protected by you, according to your own privacy policies and any applicable law. You own and retain all rights to any such customer data and information. These Terms of Service do not grant us any ownership rights to such, except as required in the course of providing and improving our Services to you.

Furthermore, you are responsible for ensuring that you do not accidentally make any personal information publicly available. You may not disclose any information and data to any other party without the acknowledgment from whomever you collect if from before you collect it.

You grant us permission to process, store and manage information and data collected by you via our Services on our service providers’ servers.

Interruption of Services

We reserve the right if it is necessary for us to interrupt the Services, to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will do our best to give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.

Third-Party support (browsers)

Internet technology is moving at a fast pace and is improving and developing on a day-to-day basis; we try to keep up with any released updates to new and existing technologies in direct or indirect relations to our website and our Services, as an example, but not limited to browsers and plug-ins.

We have neither the responsibility nor the control over any such updates, frequency of or any compatibility issues they offer. We shall not be liable to you or your customers for any loss or expense, which is: indirect or consequential of such update or lack of.

You acknowledge that the Services may also be interrupted for many reasons beyond our control.

Publicity Right

You grant us the right to use your name and/or company logo on our website and in our clients list.

Statistical Information

You consent to and agree that Dot is allowed to compose statistical and performance data in relation to your use of the Service we provide to you and make such information available to the public, provided that such information does not contain Client and/or Customer Data and/or identify Client and Customer confidential or personal information. Dot retains all intellectual property rights to such statistical information.

You indemnify us

You agree to indemnify and defend us (and our officers, directors, shareholders, employees, agents, partners and service providers) against all costs, claims and expense arising directly or indirectly from:

• Your failure to comply with the law of any country.
• Your breach of these Terms of Service.
• Any act, neglect or default by any agent, employee, licensee or customer of yours.
• Any act or use of any Third-Party Products or services in combination with our Services.
• Any content you submit, post, transmit, or made available through our Services.
• Any contests or sweepstakes you create or manage using our Services.
• A contractual claim arising from your use of our Services.
• A breach of the “intellectual property” rights of any person.

For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at € 150 per hour without further proof.

Disclaimers and limitation of liability

THE LAW DIFFERS FROM ONE COUNTRY TO ANOTHER. THIS PARAGRAPH APPLIES SO FAR AS THE APPLICABLE LAW ALLOWS. ALL IMPLIED CONDITIONS, WARRANTIES AND TERMS ARE EXCLUDED FROM THESE TERMS OF SERVICE.

WE AND OUR PARTNERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, SATISFACTORY, TIMELINESS, SECURITY OR ACCURACY OF OUR WEBSITE AND SERVICES. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND.

WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO OUR WEBSITE AND SERVICES INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE.

OUR WEBSITE AND SERVICES CONTAIN LINKS, INTEGRATIONS, AND OTHER FEATURES TO AND OF OTHER WEBSITES AND THIRD-PARTY SERVICE PROVIDERS. WE HAVE NEITHER POWER NOR CONTROL OVER ANY SUCH WEBSITE AND THIRD-PARTY SERVICE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE IN ANY WAY FOR THE CONTENT OF ANY SUCH LINKED WEBSITE OR THE SERVICES FROM SUCH THIRD-PARTY SERVICE PROVIDERS, NOR FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF ANY SUCH.

YOU ACCEPT AND AGREE THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT OF, AND ANY HARM RESULTING FROM, THAT CONTENT THAT YOU PUBLISH OR TRANSMIT, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE VIA OUR SERVICES, AND THAT WE ARE NOT LIABLE TO YOU OR YOUR CUSTOMERS OR ANY THIRD-PARTY FOR ANY LOSS, FORESEEABLE OR NOT, ARISING FROM SUCH CONTENT AND ACTION.

YOU ACCEPT AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY ACTS OR OMISSIONS INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS IN CONNECTION WITH ANY INFORMATION AND DATA YOU COLLECT FROM ANY VISITOR OR PARTICIPANT OF ANY CONTENT OR PAGE THAT YOU PUBLISH OR TRANSMIT, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE VIA OUR SERVICES.

YOU ACCEPT AND AGREE THAT WE ARE NOT LIABLE TO YOU OR YOUR CUSTOMERS OR ANY THIRD-PARTY FOR ANY LOSS, FORESEEABLE OR NOT, ARISING FROM ANY INTERRUPTION TO THE SERVICES, MODIFICATION TO THE SERVICES, SUSPENDING’S, OR DISCONTINUE OF PROVIDING THE SERVICES OR ANY PART THEREOF.

WE SHALL NOT BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOSS OR EXPENSE WHICH IS: INDIRECT OR CONSEQUENTIAL LOSS, OR ECONOMIC LOSS OR OTHER LOSS OF TURNOVER, PROFITS, BUSINESS OR GOODWILL EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR WE KNEW YOU MIGHT INCUR IT.

YOU AGREE THAT IN ANY CIRCUMSTANCES WHEN WE MAY BECOME LIABLE TO YOU, THE LIMIT OF OUR LIABILITY IS THE AMOUNT YOU HAVE PAID US IN THE IMMEDIATELY PRECEDING 12-MONTH PERIOD FOR THE SERVICES CONCERNED.

NOTHING IN THESE TERMS OF SERVICE EXCLUDES LIABILITY FOR A PARTY'S FRAUD.

Termination and Cancelation

We reserve the right at any time and without any cause, cost, or liability, to terminate these Terms of Service and you Subscription at its sole discretion, including, but not limited to, a failure to comply with these Terms of Service.

In the event of such termination by us, we will refund to you the remaining balance of the Subscription of your choice within 14 days.

Furthermore these Terms of Service may be terminated:

1. Upon either of us giving the other a thirty (30) day written notice in case of a material breach if such breach remains uncured at the expiration of a Subscription period.
2. When we terminate it, without notice, on account of your failure to comply with these Terms of Service.
3. Immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction). These Terms of Service may not otherwise be terminated prior to the end of the Subscription period.
4. Any termination of these Terms of Service by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
5. Termination by either party shall have the following effects:
   1. Your right to use the Services immediately ceases.
   2. We are under no obligation to forward any unread or unsent messages to you or any Third-Party.
6. There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of these Terms of Service.

Miscellaneous matters

• You undertake to provide to us your current land address, e-mail address, telephone as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
• If any term or provision of these Terms of Service is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms of Service.
• The rights and obligations of the parties set out in these Terms of Service shall pass to any permitted successor in title.
• If you are in breach of any term of these Terms of Service, we may:
  • Publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • Terminate your account and refuse you access to Our Website.
  • Remove or edit content, or cancel any order at our discretion.
  • Issue a claim in any court.
• Any obligation in these Terms of Service intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver for it, nor indicate any intention to reduce any right, power or remedy in the future.
• You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
• Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
• It shall be deemed to have been delivered:
  • If delivered by hand: on the day of delivery.
  • If sent by post to the correct address: within 72 hours of posting.
• We may notify you via electronic notifications within our Services or specific to you by email to your e-mail address recorded in the User account about you or by telephone calls to the telephone numbers recorded in the User account about you.
• In the event of a dispute between the parties to these Terms of Service, they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• These Terms of Service do not give any right to any Third-Party, except that any provision in these Terms of Service which excludes or restricts the liability of our directors, officers, shareholders, employees, subcontractors, agents, partners and service providers.
• You will not assign or transfer these Terms of Service, including but not limited to transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written notice and consent, which will not be processed in any unreasonably way. We may assign these Terms of Service to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
• Neither party shall be liable for any failure or delay in performance of these Terms of Service, which is caused by circumstances beyond its reasonable control.
• In the event of any conflict between any term of these Terms of Service and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of these Terms of Service shall prevail.
• Neither party shall be liable for delay in performing obligations or for failure to perform obligations (other than the payment of charges) if the delay or failure results from any of the following: Act of God, governmental act, fire, war, explosion, accident, industrial dispute, impossibility of obtaining materials, computer breakdown or any other such circumstances beyond the party’s reasonable control.
• For clients throughout the European Union, our Services are subject to reverse charges. You are liable for the VAT according to article 56 of the Council Directive 2006/112/EC.
• The validity, construction and performance of these Terms of Service shall be governed by and construed in accordance with the laws of Denmark and the parties hereby submit to the jurisdiction of the Danish Courts.