Terms of Trade
1. ACCEPTANCE OF SUBSCRIPTION AND TERMS
1.1 These subscription terms (hereinafter “Terms”) are accepted by ticking “I have read and accept the subscription terms” on the order form, by using the application or services or by otherwise indicating acceptance thereof, and apply between avecdo ApS, CVR number 38131362 , Livøvej 25 B, 8800 Viborg (hereinafter “avecdo”) and the customer (hereinafter “the Customer”).
1.2 Affiliated Audit companies, service agencies and the like – within v2.avecdo.com / app.avecdo.com can also accept these Terms on behalf of the Customer, thereby guaranteeing that the necessary power of attorney exists and that the Customer has previously been duly informed about the Terms.
2. SUBSCRIPTION DURATION AND INVOICING
2.1 The subscription comes into effect upon ordering and runs until terminated in accordance with these Terms.
2.2 The first payment period runs from the order date to the end of the period. Thereafter, invoiced monthly or annually in advance, unless otherwise follows from the agreement or terms for the specific product at avecdo or 3-party systems.
3. SCOPE AND USE OF THE SUBSCRIPTION
3.1 In accordance with these Terms and Conditions, the Customer obtains a non-exclusive access to use the software avecdo and selected add-on modules (hereinafter under an “Add-on”), which are made available online as Software as a Service. Customer does not acquire the Add-on or any copy or part thereof and does not obtain a license to run the Add-on except as software as a service.
3.2 In the Application itself, on avecdo’s website, or with the 3-party system, there is an overview of subscription types.
3.3 The access to use the Application applies exclusively to the Customer and his advisors, and the Application may not be used for anyone other than the Customer or to carry out data processing or provide other services for anyone other than the Customer. The Customer vouches for and has full responsibility for the third parties that the Customer gives access to the Application or that use the Customer’s login details.
3.4 With the exception of what appears in 3.4, the Customer is not entitled to transfer the subscription to a third party, either in whole or in part, or to grant access to the Application to a third party.
3.5 The customer must ensure that the Application is not used in a way that may damage avecdo’s name, reputation or goodwill, or that is in breach of relevant legislation or other regulation.
4. PRICES AND PAYMENT TERMS
4.1 The customer accepts that invoices and reminders sent per e-mail to the e-mail address provided by the Customer shall be considered delivered when they are sent by avecdo.
4.2 The prices applicable at any time can be found on avecdo’s website or with the 3-party system and can be changed by posting on the website with one month’s notice. The same applies to changes to the composition and content of subscription types and add-on modules. All prices are incl. VAT.
5.1 The customer can cancel the subscription in the Application and downgrade the subscription at the end of a payment period (unless otherwise stated in the description or terms of the specific service).
5.2 avecdo can terminate the subscription with immediate notice until the end of a payment period, or without notice in the event of the Customer’s material breach of these Terms or in the event of the Customer’s bankruptcy or insolvency.
5.3 Reimbursement of subscriptions can only be made upon request within 72 hours of purchasing a service, and requires that the service has not been used (the data feed has been retrieved by a recipient). We encourage people to use a start-up period on a monthly subscription basis and subsequently upgrade to annual payment.
6. CUSTOMER DATA
6.1 The parties agree that the Customer owns and can freely dispose of its own data found in the Application. In the event that the subscription expires or is canceled by the Customer, avecdo shall, where reasonable and commercially justifiable, intend to give the Customer a period of 14 days after termination during which the export function can be used.
6.2 avecdo reserves the right to delete the Customer’s data 5 years after the end of the subscription, regardless of the reason for this, and avecdo has no obligations to store data after this time.
6.3 avecdo is entitled to store the Customer’s data after termination in order to use this in anonymized form for statistics and analysis.
6.4 avecdo may in very special cases, where in avecdo’s opinion it is deemed justifiable and reasonable, for example based on a consideration of loss of value, give third parties and authorities access to the Customer’s data, including in connection with a judgment, authority requirements, the Customer’s bankruptcy, death or the like.
7. OPERATIONAL STABILITY
7.1 avecdo strives for operational stability as much as possible, but is not responsible for breakdowns or operational disruptions, including for operational disruptions caused by factors beyond avecdo’s control. This means i.a. system updates, power failure, equipment failure, internet connections, telecommunications connections or the like. The application and service are provided as-is, and Avecdo disclaims any warranty, assurance, representation, endorsement, or other conditions, whether direct or indirect.
7.2 In the event of breakdowns or disturbances, avecdo strives to restore normal operation as soon as possible.
8.1 avecdo is entitled to continuously update and improve the Application. avecdo is also entitled to change the composition and structure of the Application, Add-on and services. Such updates, improvements and changes may occur with or without notice, and may affect services, including information and data uploaded to or provided by the Application.
9. INTELLECTUAL RIGHTS
9.1 The Application and information provided from the Application, except for the Customer’s data, are protected by copyright and other intellectual property rights and belong to or are licensed to Avecdo ApS. Individually prepared software also belongs to Avecdo ApS, unless otherwise agreed in writing. The Customer must notify avecdo of any actual or potential infringement of avecdo’s intellectual property rights or unauthorized use of the Application that the Customer becomes aware of.
9.2 In relation to material uploaded by the Customer and all the Customer’s data, the Customer grants avecdo, and its suppliers, a permission and global license that is sufficient for avecdo to properly run and operate the Application and fulfill its obligations as well as carry out marketing towards the Customer . The customer warrants that the material that is uploaded does not infringe the rights of third parties and does not contain material that may be offensive or in breach of relevant legislation or other regulation.
10.1 avecdo has the right to transfer its rights and obligations vis-à-vis the Customer to an affiliated company or third party.
10.2 The Customer accepts that avecdo is entitled to use sub-suppliers in all matters, including for the processing and operation of the Application and for the storage of the Customer’s data.
11. AVECDO’S LIABILITY
11.1 avecdo is not responsible for the third-party solutions that are available and/or integrated with the Application, including calculation forms, sales channels. avecdo cannot therefore be held responsible for the correctness, completeness, quality and reliability of the information, nor the results obtained through these third-party solutions. Correspondingly, avecdo cannot be held responsible for the availability, security or functionality of the third-party solutions, including for possible damages and/or losses caused by third-party solutions. It is the Customer’s responsibility to provide proof that the Customer has suffered losses that cannot be attributed to third-party solutions.
11.2 Regardless of the type of loss or the basis of liability, avecdo’s total liability is limited in terms of amount to the Customer’s payment in the 12 months prior to the occurrence of the liability-giving relationship, but in all cases a maximum of DKK 3,000. The customer undertakes to indemnify avecdo from product liability damages, third party losses and other claims from third parties as a result of the customer’s use of the Application.
11.3 The Customer agrees to indemnify avecdo against any claim or loss resulting from product liability, loss of third parties or liability for third parties, to the extent that it arises from the Customer’s use of the Application.
12. CONFIDENTIALITY AND DATA SECURITY
12.1 avecdo only processes the Customer’s data, according to his instructions and user experience and thus not for his own, unrelated purposes.
12.2 avecdo has a duty of confidentiality regarding all information that avecdo may come into possession of about the Customer, and is not entitled to disclose such information to third parties, unless such information is publicly available, critical to getting the Customer on the service, or where avecdo obtained the information from a non-confidential third party, or where avecdo is required to disclose the information by law or by order of an authority or court.
12.3 avecdo has taken the necessary technical and organizational security measures against information in the Application being accidentally or illegally destroyed, lost or degraded, as well as against it coming to the knowledge of unauthorized persons, being misused or otherwise processed in breach of the Act on the processing of personal data.
12.4 avecdo provides, at the Customer’s request – and against payment by avecdo of hourly rates applicable at all times for such work – sufficient information for the Customer to ensure that the mentioned technical and organizational security measures have been taken.
13. CHANGES TO TERMS
13.1 avecdo is entitled to change these Terms in any respect. The Terms applicable at all times will be available on avecdo’s website. avecdo intends to give notice of any change by posting on the website. Use of the Application following a change to these Terms constitutes acceptance of such changed Terms. It is the Customer’s obligation to continuously keep up-to-date in relation to changes to the Terms.
14.1 These Terms are subject to Danish law and any dispute arising from the subscription, including these Terms, must be brought before the District Court in Viborg.
15.1 These terms are valid from 13-09-2022 and replace previous terms.