1.1 These subscription terms and conditions (“Terms & conditions”) are accepted by answering "yes" on the pop-up when signing up on our website.
2.1 The subscription becomes effective upon placement of order and continues to be in effect until terminated in accordance with these Terms and Conditions.
2.2 The subscription period is 6 months. First period being 6 months from the order date. Subsequent periods are also 6 months. Exceptions to the described periods have to be set out in separate agreement or terms for the specific product.
2.3 After placement of order, new customers are entitled to cancel the order free of charge within the period of the trial period listed on the website.
3.1 In accordance with these Terms and Conditions, the Customer is granted a non-exclusive limited right to use the ll33a.dk program and selected additional modules (collectively the “Application”) which are made available online as software as a service only for the purposes described by the Application. The Customer does not acquire the Application or any copy or part and is not granted a licence to implement the Application in any way other than as a software as a service.
3.2 The Customer’s subscription entitles the Customer to use the Application for the usage specified for each product. If the Customer needs further capacity or functionality, then upon use of any additional entries, users or modules by the Customer or upon any acceptance by ll33a.dk of any requested increase to entries, users or modules, the subscription will be upgraded automatically and the Customer shall agree to pay the consequential increase in the subscription at the then current rates for such entries, users and modules.
3.3 Only the Customer and its advisors are entitled to use the Application, and the Application may not be used for or on behalf of any other parties or for data processing or the provision of services for other parties than the Customer. The Customer agrees to be fully responsible and liable for any third parties that are given access to the Application by the Customer or who use the Customer’s log in details.
3.4 Other than as set out in 3.3, the Customer is not entitled to assign the subscription or grant access to the Application, whether in full or in part, to any third party.
3.5 The Customer shall ensure that the Application is not used in any manner which reflects adversely upon the name, reputation and/or goodwill of ll33a.dk or in breach of any applicable law or regulation.
4.1 The terms of payment are paid by the start of each subscription period.
4.2 If the subscription fee is not paid when due, access to ll33a.dk may be barred.
4.3 The Customer accepts that invoices and reminders sent by email to the email address provided by the Customer shall be deemed delivered when sent by ll33a.dk.
4.4 The prices, rates and subscription types in force from time to time can be found on ll33a.dk's website and may be changed at the end of each calendar quarter on one month’s notice.
5.1 By using the Application, the Customer may terminate the subscription, reduce the services subscribed to and remove additional modules each with effect from the last day of the current subscription period (unless otherwise stated in the description or terms and conditions applying to the specific service or module).
5.2 ll33a.dk is entitled to terminate the subscription at the end of any calendar quarter by giving more than 3 month’s notice or immediately on written notice if the Customer commits a material breach of these Terms and Conditions or becomes insolvent or has a receiver or administrator appointed over its assets.
6.1 As between the parties, the Customer shall own any and all data it provides to ll33a.dk or the Application. The Application permits the Customer to export records and data held by the Application and the Customer agrees to export any and all data prior to termination of the subscription.
6.2 ll33a.dk reserves the right to delete Customer data 90 days after termination of the subscription regardless of the reason for termination, and ll33a.dk is not obligated to store any Customer data after such time.
6.3 ll33a.dk shall be entitled to store Customer data after termination in anonymised form for statistical and analytical purposes only.
6.4 ll33a.dk may disclose Customer data to third parties and public authorities where such disclosure in ll33a.dk’s opinion is justifiable and reasonable, e.g. to avoid a loss of value, including in connection with judgments, public authority orders, the Customer’s bankruptcy, death or the like.
7.1 ll33a.dk strives towards the highest possible operational stability on this service, but shall not be responsible or liable for any breakdowns or service interruptions, including interruptions caused by factors beyond ll33a.dk’s control, such as power failures, defective equipment, Internet connections, telecoms connections or the like.
7.2 The Application and the service is provided “as is” and ll33a.dk expressly disclaims any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
7.3 In the event of an interruption of service ll33a.dk will use reasonable commercial endeavour’s to restore normal operations as soon as possible.
8.1 The Application and any information provided by it, other than the Customer’s data, is protected by copyright and other intellectual property rights and is owned by or licensed to ll33a.dk. Any development or adaptations made to such intellectual property by Customer shall vest in ll33a.dk. The Customer shall notify ll33a.dk of any actual or suspected infringement of ll33a.dk’s intellectual property rights and any unauthorised use of the Application that the Customer is aware of.
8.2 No intellectual property rights are assigned to the Customer.
8.3 In relation to any and all material uploaded by the Customer and any and all Customer data, the Customer grants to ll33a.dk, its suppliers and sub-contractors a non-exclusive worldwide irrevocable licence to provide the Application and related services including marketing services to the Customer. The Customer represents and warrants that no uploaded material or Customer data will infringe third party rights or intellectual property rights and will not contain any material that is obscene, offensive, inappropriate or in breach of any applicable law.
9.1 ll33a.dk is entitled to assign its rights and obligations regarding the Customer to a group company or to a third party.
9.2 The Customer accepts that ll33a.dk is entitled to use subcontractors in all matters, including for the implementation and operation of the Application and the storage of Customer data.
10.1 ll33a.dk disclaims all liability and shall not be liable in contract, tort (including negligence), statutory duty, pre-contract or otherwise arising out of or in connection with these Terms and Conditions or the Application for any (a) consequential, indirect or special loss or damage; or (b) any loss of goodwill, reputation or data; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings). In each case whether advised of the possibility of such loss or damage and howsoever incurred.
10.2 ll33a.dk is not liable for third party solutions which are available via and/or integrated with the Application, including currency feeds/currency calculators. Consequently, ll33a.dk cannot be held liable for the correctness, completeness, quality and reliability of the information or for the results which are achieved by means of such third party solutions. Moreover, ll33a.dk cannot be held liable for the availability, security or functionality of such third party solutions, including for any damage and/or loss caused by such third party solutions. The Customer is responsible for proving that a loss or damage suffered by the Customer is not attributable to any third party solutions.
10.3 The maximum liability of ll33a.dk in contract, tort (including negligence), statutory duty, or otherwise arising out of or in connection with the Terms and Conditions or the Application; shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period, be limited to the Fees paid by Customer in such period or DKK 500, whichever is the greater.
10.4 The Customer undertakes to indemnify ll33a.dk against any costs due to product liability loss, third party loss or other third party claims due to the Customer’s use of the Application.
10.5 Nothing in this Agreement shall exclude or limit liability for death or personal injury or for fraud.
11.1 ll33a.dk will only process Customer data in accordance with the Customer’s instructions and not for its own, unauthorised purposes.
11.2 ll33a.dk will keep confidential all of the Customer’s confidential information that the Customer provides to ll33a.dk save to where such information has come into the public domain other than by breach of this clause, or where ll33a.dk has obtained the information from a third party without a duty of confidence or where it is required to be disclosed by a regulatory or government body or court of competent jurisdiction.
11.3 ll33a.dk shall take all necessary technical and organisational security measures to ensure the safe and secure processing of any Customer data. ll33a.dk shall comply with its obligations under the Data protection policy in accordance with the EU General Data Protection Regulation (GDPR) and Data Protection Act (DPA) 2018.
11.4 At the Customer’s request ll33a.dk will provide sufficient information to enable the Customer to ensure that the said technical and organisational measures have been taken. ll33a.dk shall be permitted to charge the Customer for such work at its standard rates.
11.5 Where the Customer provides information, user names or passwords in relation to any third party information feed or service to ll33a.dk, the Customer shall warrant that the provision of such information or the integration of the Application with such third party feed or service or the storage and use by ll33a.dk of such information shall not breach the terms and conditions for such service or any other third party rights. The Customer shall indemnify and hold harmless ll33a.dk from any and all loss, damage, cost and expense arising from breach of this clause.
12.1 ll33a.dk may update these Terms and Conditions from time to time. The current version of the Terms and Conditions in force from time to time are available on ll33a.dk’s website. ll33a.dk shall endeavour to provide reasonable notice of any changes by posting such changes on the web site.
12.2 Further use of the Application after any change to the Terms and Conditions shall be deemed to be acceptance of such Terms and Conditions. It is the Customer’s responsibility to check the website regularly to keep updated on any changes to these Terms and Conditions.
13.1 These terms and conditions shall be construed in accordance with the laws of Denmark and each party hereby irrevocably submits to the non-exclusive jurisdiction of the courts of Denmark.
14.1 Validity: These Terms and Conditions become effective on January 13th 2021, and supersede all previous terms and conditions.
Please let us know if you have any questions about these terms at info@ll33a.dk.