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Terms and conditions

Effective from 1 June 2016.

This is an English translation of 2APP’s terms and conditions (handelsbetingelser), provided for convenience. In case of any difference, the Danish version applies.

Company details 2APP
Faksinge by 8
4720 Præstø, Denmark
Phone +45 40 11 17 30
Email info@2app.dk
CVR 27 26 61 85
General terms
1. These terms and conditions (hereinafter "terms and conditions") are accepted by ticking "I have read and accept the terms and conditions" on the order form, by using the app or any other of the company’s services, and apply between 2APP ApS, CVR no. 27266185, Faksinge by 8, 4720 Præstø (hereinafter "2APP") and the customer (hereinafter "the Customer"). If the Customer is a legal person, these terms and conditions are accepted on behalf of the Customer. This service is B2B.
2. An app is an integration between a webshop and an ERP system, or a service that connects two systems.
Duration of the subscription and invoicing
1. The subscription takes effect on ordering and runs until it is terminated in accordance with these terms and conditions.
2. The first invoicing period runs from the order date to the end of a calendar quarter. After that, invoicing is quarterly in advance, unless otherwise agreed or the terms for other specific products say otherwise.
3. After ordering, new customers have a free right of withdrawal of 14 days. If 2APP sets up an app for the customer, a one-off fee is payable, and this is not covered by the right of withdrawal.
Scope and use of the subscription
1. In accordance with these terms and conditions, the Customer obtains non-exclusive access to use 2APP’s app for integrating webshop and accounting software, which 2APP makes available as an online service via our website www.2app.dk. The Customer does not acquire the app or a copy or part of it, and does not obtain the right to run the app except as an online service on 2APP’s hosting server.
2. The Customer’s subscription gives the Customer access to use the app for the number of transfers and the data etc. stated for the specific products. Should the Customer need additional capacity or functionality, the subscription will automatically be upgraded when such additional transfers and data etc. are used, and the Customer accepts that the price will be increased accordingly.
3. An overview of products and subscription types is available in the app itself or on 2APP’s website. Individual functions, services and add-on modules may have separate terms attached, which must be accepted in addition to these terms and conditions before they can be used.
4. Access to use the app applies exclusively to the Customer, and the Customer warrants and is fully responsible for the third parties to whom the Customer gives access to the app or who use the Customer’s login details.
5. Except as stated in 3.d., the Customer is not entitled to transfer the subscription to a third party, in whole or in part, or to give a third party access to the app.
6. The Customer must ensure that the app is not used in a way that may harm 2APP’s name, reputation or goodwill, or that is contrary to relevant legislation or other regulation.
Prices and terms of payment
1. Terms of payment are 8 days net from the invoice date, or as otherwise agreed.
2. If the subscription is not paid on time, a first reminder without a fee is sent 7 days after the invoice’s due date. If the subscription is still not paid, a second reminder with a fee of DKK 150.00 is sent 10 days later. If payment has still not been received within 7 days of the second reminder, access to the app is blocked. Access to the app is reopened once payment has been received, unless 2APP has terminated the subscription in the meantime.
3. The Customer accepts that invoices and reminders sent by email to the email address given by the Customer are considered delivered when they have been sent from 2APP.
4. The prices in force at any time can be found on 2APP’s website and may be changed by notice on the website with one month’s notice to the end of a quarter. The same applies to changes to the composition and content of subscription types and add-on modules. All prices are exclusive of VAT.
Termination
1. On the website www.2app.dk the Customer can terminate their subscription, make changes to the subscription and/or to add-on modules, with effect from the end of a calendar quarter (unless otherwise stated in the description or terms of the specific service).
2. 2APP may terminate the subscription with 6 months’ notice to the end of a calendar quarter, or without notice in the event of the Customer’s material breach of these terms and conditions or the Customer’s bankruptcy or insolvency.
The Customer’s data
1. When an agreement is entered into between 2APP and the customer, we need the CVR number, company name, contact person, address, postcode and city, phone number and email.
2. 2APP registers this information in our system in order to deliver the service and to be able to contact the customer.
3. 2APP keeps this information for 5 years, after which it is deleted.
4. 2APP does not disclose information to third parties for the purpose of marketing services other than 2APP’s services to the customer.
Operational stability
1. 2APP aims for the highest possible operational stability, but is not liable for breakdowns or disruptions, including disruptions caused by factors outside 2APP’s control. These include, among others, power failures, equipment faults, internet connections, telecommunication connections or the like. The application and the service are provided as is and as available, and 2APP disclaims any warranty, assurance, guarantee or other terms, whether direct or indirect.
2. In the event of breakdowns or disruptions, 2APP aims to restore normal operation as quickly as possible.
3. 2APP keeps this information for 5 years, after which it is deleted.
4. Planned interruptions will preferably be placed between 23:00 and 07:00 Danish time. Should it become necessary to interrupt access to 2APP’s systems outside these hours, notice will be given in advance by email as far as possible.
Changes
1. 2APP is entitled to make ongoing updates and improvements to our apps.
2. 2APP is likewise entitled to change the composition and structure of apps and services. Such updates, improvements and changes may be made with or without prior notice, and may affect the services, including information and data uploaded to or provided by the app.
Transfer
1. 2APP has the right to transfer its rights and obligations towards the Customer to an affiliated company or a third party.
2. The Customer accepts that 2APP is entitled to use subcontractors in all respects, including for running and operating the app and for storing the Customer’s data.
2APP’s liability
1. 2APP disclaims any liability in relation to these terms and conditions, services or use of apps, whether arising in contract or outside contract, including for operating losses, consequential damage or other indirect losses, loss of data, losses due to product liability or losses arising from simple negligence.
2. 2APP is not responsible for the third-party solutions that are available and/or integrated with the app. 2APP can therefore not be held liable for the accuracy, completeness, quality and reliability of the information, nor for the results obtained through these third-party solutions. Likewise, 2APP cannot be held liable for the availability, security, changes or functionality of third-party solutions, including for possible damage and/or loss caused by third-party solutions. It is for the Customer to prove that a loss suffered by the Customer cannot be attributed to third-party solutions.
3. Regardless of the type of loss or the basis of liability, 2APP’s total liability is limited in amount to the Customer’s payments in the 12 months before the occurrence of the circumstance giving rise to liability, and in all cases to a maximum of DKK 5,000. The Customer undertakes to indemnify 2APP against product liability damage, third-party losses and other third-party claims arising from the Customer’s use of the app.
4. The Customer agrees to indemnify 2APP against any claim or loss due to product liability, losses of third parties or liability towards third parties, to the extent it arises from the Customer’s use of the app.
Confidentiality and data security
1. 2APP processes the Customer’s data only on the Customer’s instructions, and thus not for its own unrelated purposes.
2. 2APP is bound by confidentiality regarding all information 2APP may come into possession of about the Customer, and is not entitled to disclose such information to third parties, unless the information is publicly available, or 2APP has received it from a third party outside confidentiality, or 2APP is obliged to disclose it by law or by order of a public authority or court.
3. 2APP has taken the necessary technical and organisational security measures against information in the app being accidentally or unlawfully destroyed, lost or impaired, and against it coming to the knowledge of unauthorised persons, being misused or otherwise processed in breach of data protection law.
4. To the extent the Customer uses information, user names or passwords relating to third-party information or services in relation to 2APP, the Customer warrants that disclosing such information and 2APP’s processing of it do not infringe rights of or agreements with third parties. The Customer shall indemnify 2APP for any loss in connection with this provision.
Changes to the terms
1. 2APP is entitled to change these terms and conditions in any respect. The terms and conditions in force at any time will be available on 2APP’s website. 2APP intends to give reasonable notice (1 month) of any change, by notice on the website. Use of the app after a change to these terms and conditions constitutes acceptance of the changed terms and conditions. It is the Customer’s obligation to keep up to date with changes to the terms and conditions.
Disputes
1. These terms are governed by Danish law, and any dispute arising from the subscription, including these terms and conditions, shall be brought before the City Court of Copenhagen (Byretten i København).
Validity
1. 2APP’s terms and conditions are effective from 1 June 2016.