12 months ago

Terms of service


1. Terms of service
1.1 These terms of service (the ”Terms”) applies to any use of the online strategy service MakeMyStrategy™ and associated services.
2. MakeMyStrategy™
2.1

MakeMyStrategy™ is a software-as-a-service based on-line strategy tool offered by Strategy To All ApS, company reg. no. DK40453164, Strandvejen 58, 1., 2900 Hellerup, Denmark. http://makemystrategy.com.

2.2

MakeMyStrategy™’s functionality is described here: http://makemystrategy.com.

3. Service ”as is”
3.1 MakeMyStrategy™ is offered to you ”as is” and with the standard functionality offered by Strategy To All ApS. You are solely liable for assessing whether MakeMyStrategy™ suits your needs and for the use and application of the results generated by MakeMyStrategy™.
3.2 As any other software-based tool, MakeMyStrategy™ may contain bugs. Such bugs will if possible be fixed in connection with the ongoing develpment and maintenance of MakeMyStrategy™, but you cannot ascert any specific legal remedies against Strategy To All ApS in this respect or require any specific error-correction.
4. User rights
4.1 Against payment of Strategy To All ApS’s fees, the customer receives a non-perpetual, non-exclusive, non-transferable right to have its employees (“End Users”) access and use MakeMyStrategy™.
4.2 MakeMyStrategy™ may only be used within the scope and guidelines stated by Strategy To All ApS.
4.3 MakeMyStrategy™ may only be used for strategies for the customer and its affiliated companies and may not be used for strategies outside the customers’ group of companies.
5. Strategy To All ApS´s Fees
5.1 Strategy To All ApS’s fees and payment terms are found at MakeMyStrategy™’s webpage: http://makemystrategy.com http://makemystrategy.com/funktioner/
5.2 MakeMyStrategy™Yonly is only offered for business entities, not consumers, and therefore you have no right to regret your subscription.
6. Duty to keep userID’s and passwords secret
6.1 The customer and the End Users, respectively, are required to keep user names and passwords used in MakeMyStrategy secret. The customer shall indemnify Strategy To All ApS from any misuse of its userIDs and passwords, whether such misuse is done by the customer, the End Users, or any third party who has gained access to said userIDs and password, provided that this is not due to the circumstances of Strategy to All ApS.
7. Availability and downtime
7.1 MakeMyStrategy™ is accessed via the Internet.
7.2 Strategy to All ApS intends that MakeMyStrategy™ is available to the Customer 24x7x365, but does not warrant such avaliability. Strategy to All ApS therefore recommends the customer plans it suse of MakeMyStrategy™ in such a manner that it is avoided that any downtime affects the customers business in a negative manner.
8. GDPR
8.1 Personal information is treated in accordance with Strategy to All ApS’s privacy policy, which is found here here
9. Backup
9.1 MakeMyStrategy™‘s system is backed up daily. The backup is kept for 30 days before it is deleted.
9.2 The customer is obligated to at all times keep a copy of the information that it has put into MakeMyStrategy™‘s systems.
10. Security, vira etc.
10.1 The customer is informed that it needs to keep its systems secure against hacking, vira, crypto-attacks and other security threats.
11. Changes to MakeMyStrategy™
11.1 MakeMyStrategy™ is amended on an ongoing basis as a part of development and maintenance, including changes requested by users. Such amendments may result in changed or reduced functionality.
12. SSuspension
12.1 In case of non-payment or abnormal use of MakeMyStrategy™ or circumstances that indicate that personal or confidential information is or will be abused, Strategy to All ApS may unilaterally suspend the customers’ access to MakeMyStrategy™. Strategy to All ApS shall, however, immediately inform the customer of such suspension and shall give the customer an opportunity to raise any abjections. If immediate suspension is required due to grave circumstances or risk pertaining to personal information, the customer shall be informed as soon as practically possible, after suspension has taken place.
12.2 Suspension may be levied at a cost of 125 € excl. VAT, when Strategy to All ApS accesses that there is no more reason for the suspension.
13. Intellectual property rights/customer data
13.1 Strategy to All ApS retains all rights, including intellectual property rights, and know how, vested in MakeMyStrategy™ and results that are created by Strategy to All ApS’s services.
13.2 Data, that are input delivered by the customer and results deriving from these data are, however, exclusively vested with the customer.
14. Subscribe term and termination
14.1 Your subscription continues until terminated, however for minimum period of 12 months.
14.2

After the initial 12-month period, the subscription may be terminated by either party by giving 30 days written notice to the end of a calendar month. 30 days after the expiry of the subscription, no matter the cause, your data is automatically deleted, except for such data that Strategy to All ApS is required to keep according to law.

30 dage efter ophøret af abonnementet, uanset årsagen hertil, slettes alle data i MakeMyStrategy™, dog bortset fra sådanne data, som Strategy to All ApS efter loven er forpligtet til at opbevare længere.

14.3 Prepaid subscription fees are not refunded under any circumstances.
15. Limited liability
15.1 The customer is solely liable for any use of MakeMyStrategy™, including the access to MakeMyStrategy™ and the processing of data. Strategy to All ApS is not liable for functionality or services provided by independent third-party vendors including providers of standard software and operational services, but is solely liable for sub-suppliers which Strategy to All ApS has direct control over.
15.2 The strategy plan is made based on the customers input and without Strategy to All ApS having knowledge of the customers circumstances or concrete inputs. Strategy to All ApS attains no liability for neither the content of the strategy plan nor the customers use of the same.
15.3 Each party is liable for damages in accordance with the general rules of Danish law, with the following exceptions:
15.3.1 Strategy to All ApS’s duty to pay compensation shall in no event exceed an amount equal to six months subscription fee.
15.3.2 Neither party is liable for operational losses, unrealised savings, consequental losses or indirect losses. Loss of data and expenses used to reestablish or reinstall data shall be deemed indirect or consequential losses. The above limitations do not apply to Strategy to All ApS’s fees or losses that are caused by gross negligence or wilful misconduct on the part of the party causing the loss.
16. Force majeure and other service obstacles
16.1 Strategy to All ApS shall not be liable to the customer, if Strategy to All ApS is prevented or delayd in performing its services by circumstances which Strategy to All ApS has no control over. Such circumstances are e.g., war, riots or acts of terrorism, strikes or lock-outs, epidemics, pandemics or effects thereof, natural disasters, computer virus, hacking, DoS- or DDoS-attacks, spamming, crypto attacks or other abnormal circumstances affecting Strategy to All ApS’s systems or networks, public orders or orders from rightsholders or other circumstances over which Strategy to All ApS as no control. If of more of the previous obstacles arise, Strategy to All ApS may at its discretion suspend the delivery of its services or terminate the customers subscription without incurring liability.
17. Assignment
17.1 The customer may not assign in whole or in part its rights or obligations to any third party without Strategy to All ApS’s prior written permission. Strategy to All ApS is entitled to assign its rights and obligations to a third party without the customer’s acceptance.
18. Changes
18.1 Strategy to All ApS may change these terms, including change the price for using MakeMyStrategy™ by giving a prior notice of three months.
19. Marketing
19.1 Unless otherwise agreed in writing, Strategy to All ApS may in its marketing, including on its website, state that the customer is using MakeMyStrategy™, using a short case story and the customers logo, provided that such marketing shall be loyal to the customer.
20. Disputes/mediation
20.1 Any dispute between the parties that cannot be solved amicably shall, if possible, be solved by way of mediation in accordance with the procedure establisbed by Danish IT-lawyers association. The parties are bound to attempt mediation except if a party is in risk of time-barring or other circumstances that may cause the party to forfeit it legal rights. Disputes that cannot be succefully mediated shall be decided by the ordinary Danish courts with the City Court of Copenhagen as agreed venue in the first instance and according to material Danish law. The applicable Danish law shall not comprise any choice of law clauses that may lead to the application of any other law than material Danish law.