These subscription terms (the "Terms") apply to any use of MakeMyStrategy™ provided by Strategy To All ApS, CVR No. 40453164, Strandvejen 58, 1st, 2900 Hellerup.
MakeMyStrategy™ is a software-as-a-service-based strategy tool that makes it easy and simple for all businesses, large and small, to work with strategy. MakeMyStrategy™ is detailed here http://makemystrategy.com.
MakeMyStrategy™ is offered "as is" and with the standard functionality described by Strategy To All ApS. The customer is responsible for the fact that MakeMyStrategy™ can be used by the Customer and for the use of the results from MakeMyStrategy™.
The customer is aware that MakeMyStrategy™, like all other software-based tools, may contain errors and inconveniences. Such errors and inconveniences do not constitute legal defects in the tool, but are corrected, if possible, in connection with Strategy To All ApS's ongoing maintenance of the tool. The customer cannot demand any specific correction or make default powers applicable to Strategy To All ApS.
By paying the agreed current salary to Strategy To All ApS, the customer receives a time-limited, non-exclusive, non-transferable right to access and use MakeMyStrategy™ and to allow the Customer's designated employees (then collectively "End Users") to access and use the same.
MakeMyStrategy™ may only be used for the purpose provided by Strategy To All ApS and within the agreed framework.
MakeMyStrategy™ may only be used to develop strategies within the Customer's own company (one CVR number) and may not be used to develop strategies for third parties outside it.
Subscription fees and payment terms are listed on the MakeMyStrategy™ website: http://makemystrategy.com
The services are provided exclusively digitally to traders and therefore no 14 days right of withdrawal applies.
Obligation to keep usernames and passwords secret
The customer and end users are obliged to keep secret any usernames and passwords that they use in the solution. The customer is liable for any misuse of the usernames and passwords in question, whether the abuse is carried out by the Customer, End Users or third parties who have come into possession of the Customer's or end user's usernames and passwords, without this being done as a result of circumstances that can only be attributed to Strategy to All ApS.
MakeMyStrategy™ is accessed by the Customer and End Users over the Internet.
Strategy to All ApS strives for MakeMyStrategy™ to be available to the Customer 24 hours a day, all year round, but makes no guarantee of this. Strategy to All ApS therefore recommends that the Customer plan his use of MakeMyStrategy™ so that the Customer avoids any crash from adversely affecting the Customer's company.
Processing of personal data
MakeMyStrategy™ is backed up daily. The backup is stored for 30 days, after which it is deleted.
The customer is obliged to make and keep a copy of the information that the Customer has entered into MakeMyStrategy™.
The customer is informed that the Customer himself should continuously keep his systems protected, including against hacking, viruses, etc.
Changes to MakeMyStrategy™
Changes in MakeMyStrategy™ are made continuously as part of further development, including based on user requests, and may, as appropriate, result in reduced or changed functionality.
Suspension of Strategy to All ApS services
In the event of non-payment or in the event of illegal or abnormal use of MakeMyStrategy™, incidents or circumstances giving rise to the belief that personal data and/or confidential information is being misused, Strategy to All ApS has the right to suspend the Customer's access to MakeMyStrategy on its own and without the Customer's prior consent to suspend the Customer's access to MakeMyStrategy™. Strategy to All ApS must send the Customer a message about the closure of access and allow the Customer to comment. If immediate closure is required for serious reasons or for personal protection reasons, the Customer shall be informed as soon as possible after closure has been carried out.
Suspension may be lifted against payment of a fee of DKK 1,000 excl. when Strategy to All ApS assesses that the basis for suspension has lapsed.
Intellectual property rights, etc.
Strategy to All ApS has all rights, including intellectual property rights and any know-how to MakeMyStrategy™ and results, etc., resulting from strategy to all aps delivery of its services.
However, data provided by the Customer and the results of its processing belong exclusively to the Customer. Strategy to All ApS shall keep the Customers data confidential and may not make them available to any third party or use them for any other purpose than providing MakeMyStrategy™ to the Customer.
Subscription period and termination
Subscriptions run irrevocably during the selected subscription period (prepaid period), but for a minimum of 12 months
After the first 12-month subscription period, the subscription can be terminated by the Customer or Strategy to All ApS with 30 days of written notice until the end of a subscription period.
Prepaid subscription amounts will not be refunded.
Liability and limitation of liability
The customer is solely responsible for any use of MakeMyStrategy™, including access to MakeMyStrategy™ and data handling. Strategy to All ApS is not responsible for functionality provided by independent third-party vendors, including standard software and operating vendors, but is solely liable for subcontractors over which Strategy to All ApS itself has direct control.
The strategic plan is formed from the Customers input and without Strategy to All ApS having any knowledge of the Customers circumstances or input. Strategy to All ApS assumes no responsibility for onboarding, the content of the strategy plan, or the Customers actual use of same.
Each party is also liable under the general rules of Danish law, subject to the following restrictions:
Strategy to All ApS's obligation to pay compensation is in any case limited to an amount equal to six months subscription fee.
In no case shall the parties be liable for operating losses, data losses, lack of savings, consequential or indirect losses. Loss of data and costs of restoration and re-installation, etc. thereof are in any case considered as indirect losses or consequential damages. The preceding restrictions do not apply to Strategy to All ApS's claim for payment of subscription fee and only if the loss is not attributable to gross negligence or intentional circumstances of the injurious Party.
Force majeure and other obstacles
Strategy to All ApS is not responsible to the Customer when circumstances arise that impede or postpone Strategy to All ApS's fulfilment of its obligations. Such circumstances may include: war, mobilisation, riots and disturbances, epidemics, pandemics or their consequences, terrorist acts, natural disasters, strikes and lockouts, computer viruses, hacking, DoS or DDoS attacks, spamming or other abnormal strain on Strategy to All ApS systems or networks, injunctions from public authorities and rightholders, or other circumstances beyond direct control by Strategy to All ApS. If one or more of the above circumstances occurs, Strategy to All ApS is entitled, at its discretion, to postpone the provision of its services or to cancel the subscription in whole or in part without liability with effect from the entry into force of the obstacles.
The customer may not transfer his rights or obligations under the Agreement to third parties without prior written agreement from Strategy to All ApS. Strategy to All ApS is entitled to transfer all or part of its rights and obligations to third parties without the Customer's permission or consent.
Strategy to All ApS may change these terms in whole or in part with a notice of three months, including changing the price of MakeMyStrategy™.
Unless otherwise agreed in writing, Strategy to All ApS is entitled in its marketing, including on its website, to state that the Customer uses MakeMyStrategy™, including with a short case story and use of the Customer's logo. The marketing must be loyal to the Customer.
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Any dispute between the parties that cannot be resolved amicably must initially be resolved by mediation in accordance with the mediation procedure of Danish IT lawyers. The parties are obliged to attempt mediation unless a Party risks legal forfeiture. Disputes that cannot be resolved by mediation are dealt with under Danish law with the District Court in Copenhagen as the right venue. The conflict-of-law rule does not include the rules of private international law or other rules of Danish law that lead to the application of anything other than Danish law.