Terms & Condition
Definitions
1. Acceptance of terms
These Terms and Conditions are accepted by checking “I accept the terms.” on the signup form.
The Terms apply between Culturequest ApS, CVR number: 44750538, and you, the User.
The Application is offered exclusively to businesses, which is why this service is business to business. On this basis, there is no right of withdrawal when purchasing subscriptions for your Culturequest account.
2. Duration of the Culturequest account
These Terms and Conditions are accepted by checking “I accept the terms.” on the signup form.
3. Use of the Application
Culturequest grants the User non-exclusive access to the Application. This access applies solely to the User and its employees, and the Application may not be used by others or to perform data processing or services for others. The User warrants and assumes full responsibility for those to whom the User grants access to the Application or who use the User's login.
When creating employees under a User's Culturequest account, the User personally warrants that he/she can legally accept these Terms on behalf of the employee.
The User may not transfer his/her Culturequest account to third parties.
The User must ensure that the Application is not used in a manner that could damage Culturequest's name, reputation or goodwill or that is contrary to relevant legislation or other regulation.
The User is solely responsible for the content and legality of its data and may not transfer or process harmful code, data or similar (such as viruses) to the Software or with the Software.
4. Price and payment conditions
The prices applicable from time to time are stated on culturequest.io. Prices are exclusive of VAT and in Danish kroner (DKK).
Culturequest reserves the right to change the composition, content and prices of products and subscriptions with notice by e-mail or by posting on our websites.
A Subscription is automatically renewed at the end of the subscription period unless it has been terminated.
Unless otherwise expressly agreed or stated in the subscription terms and conditions, the subscription amount is charged prior to the selected subscription period.
By entering into a subscription agreement, the User automatically authorizes Culturequest to debit the subscription amount from their payment card or to send an invoice for payment of the subscription amount. If the User makes use of additional services or extended functions, the User also accepts that these additional services or extended functions must be paid for separately. Upon payment in connection with subscription renewal and/or additional services, an invoice for the purchase will be sent to the User's stated e-mail address.
5. Application Data
The User is the Data Controller with respect to any Personal Data that the User enters and processes in the Application (Application Data), and that the User owns and is free to dispose of its own content in the Application. In this regard, reference is made to the separately concluded data processing agreement (hereinafter “Data Processing Agreement”) with regard to further conditions for processing Personal Data.
Culturequest may use Application Data to maintain, offer, price and develop the Application.
After termination of the User relationship, Culturequest may only process Application Data as described in 5. 2 in anonymized form or delete it completely, unless otherwise agreed in a separate Data Processing Agreement.
Culturequest may give third parties and authorities access to Application Data, but only in accordance with the relevant legislation, in connection with judgments, regulatory requirements, the User's bankruptcy, death or similar.
6. Usage Data
Culturequest is the Data Controller with respect to Usage Data to the extent that it contains Personal Data (e.g. name, telephone number, e-mail, responses, etc.).
Culturequest may use Usage Data for statistics and analysis of the Application.
Culturequest processes Personal Data for statistics and analysis of the Application in its role as Data Controller. Such statistics may be combined with publicly available data, Usage Data and Application Data. After the User's termination, Application Data will be anonymized.
7. Operational Stability
Culturequest strives for the highest possible operational stability, but is not liable for breakdowns or disruptions, including disruptions caused by factors beyond Culturequest's control. This includes, but is not limited to, power failures, equipment failures, internet connections, telecommunications connections or similar. The Application and the Service are provided “as is” and Culturequest disclaims all warranties, guarantees, representations, claims or other terms, whether direct or indirect.
In the event of breakdowns or disruptions, Culturequest will endeavor to restore normal operation as soon as possible.
Planned interruptions will preferably be scheduled between 21:00 and 06:00 CET or on weekends. Should it be necessary to interrupt access to the Application outside the stated time period, this will be notified in advance as far as possible.
8. Termination
The User may contact info@culturequest.io at any time to delete their Culturequest account. This will also be considered as a termination of the underlying Subscription(s) associated with the User.
If a Culturequest Account is terminated or deleted during a subscription period for a created Company, the User will continue to be obliged to pay for the Service until the Subscription has expired. The User's obligations under this Agreement apply throughout the Subscription period.
If a User has created or been granted a free trial and there has been no subsequent activity for a period of 2 months or the creation of a paying Subscription, the User concerned will be deemed to be inactive. In this case, Culturequest reserves the right to delete the User. The User will be notified by e-mail one month before access to the Culturequest account is closed.
Cancellation of a Subscription must be made via the Application or by contacting info@culturequest.io, and no later than the day before the start of a new subscription period.
If a User fails to pay his/her subscription, for example in the event of insufficient funds in a payment account, Culturequest reserves the right to close access to the Culturequest account associated with the Subscription immediately after non-payment is registered until payment has been made.
Culturequest reserves the right to terminate a Subscription with 3 months' notice.
Culturequest reserves the right to terminate a User's Subscription without notice in the event of the bankruptcy or insolvency of the User associated with the Subscription.
In the event of a material breach of these Terms, Culturequest may terminate Subscriptions with immediate effect and even close the User's Culturequest account.
9. Changes
Culturequest is entitled to continuously update and improve the Application. Culturequest is also entitled to change the composition and structure of the Application and services. Such updates, improvements and changes may be made with or without notice and may affect services, including information and data uploaded to or provided by the Application.
The User is obliged to keep their contact details updated in order to receive necessary information about changes etc.
10. Intellectual Property Rights
The Application and information provided by the Application, excluding Application Data, are protected by copyright and other intellectual property rights and belong to or are licensed to Culturequest. Individually developed software is also the property of Culturequest, unless otherwise agreed in writing. The User must notify Culturequest of any actual or potential infringement of Culturequest's intellectual property rights or unauthorized use of the Application of which the User becomes aware.
No intellectual property rights to the Application or other material on the Website or the Application are transferred to the User.
With respect to material uploaded by the User and all Application data, the User grants Culturequest and its suppliers a license and global license sufficient for Culturequest to properly run and operate the Application and perform its obligations. The User warrants that the material uploaded does not infringe the rights of third parties and does not contain material that may be offensive or violate relevant laws or other regulations.
11. Assignment
Culturequest reserves the right to freely transfer our rights and obligations towards the User to an affiliated company or third party.
12. Liability
Culturequest disclaims all liability in relation to these conditions, services or use of the Service, whether arising in contract or out of contract, including for consequential or other indirect losses and losses arising from simple negligence.
Culturequest is not responsible for the third-party solutions available and/or integrated with the Application. Culturequest cannot therefore be held liable for the accuracy, completeness, quality and reliability of the information or results obtained through these third-party solutions. Similarly, Culturequest cannot be held liable for the availability, security or functionality of the Third-Party Solutions, including for possible damage and/or loss caused by the Third-Party Solutions. It is up to you to prove that any loss suffered by you is not attributable to Third-Party Solutions.
Regardless of the type of loss or the basis of liability, Culturequest's total liability is limited in amount to the User's payment for 12 months prior to the occurrence of the event giving rise to liability, subject to a maximum of DKK 25,000 in all cases. The User agrees to indemnify Culturequest against product liability damages, third party losses and other third party claims resulting from your use of the Application.
The User agrees to indemnify Culturequest against any claim or loss resulting from product liability, third party losses or third party liability, to the extent that it arises from the use of the Application.
Culturequest is not responsible for breakdowns or temporary interruptions of the Application, power supply or internet connection failures, vandalism of the system (both physical as well as computer viruses and hacking) or other conditions and circumstances beyond Culturequest's control.
The use of the Application, including e.g. surveys, suggestions for initiatives and assistance from Culturequest and other communication with Culturequest must be seen solely as indicative. Culturequest cannot be held liable for this.
13. Confidentiality and Data Security
For the processing of Personal Data where the Company is the Data Controller, please refer to the provisions of the Data Processing Agreement between Culturequest and the Company. For Culturequest's processing of Personal Data in its role as Data Controller, please refer to our Privacy Policy.
Culturequest has a duty of confidentiality regarding all information Culturequest may obtain about the User.
To the extent the User uses information, usernames or passwords relating to third-party information or services in relation to Culturequest, the User warrants that the disclosure of such information and Culturequest's processing of such information does not violate any rights or agreements with third parties. The User shall indemnify Culturequest for any loss in connection with this provision.
14. Amendments of the Terms
Culturequest may at any time change and update these terms and conditions and rights information. The applicable terms will always be available on our websites. Use of the Application and/or our websites following a change to these Terms will be deemed to be your acceptance of the amended Terms.
15. Disputes
If a disagreement arises between the User and Culturequest, the disagreement must be settled according to Danish law with the City Court in Copenhagen as the first instance.
16. Validity
These terms are valid from November 27, 2024 and replace all previous versions.
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