1. The Services are operated by Enalyzer Software A/S, CVR No. 32443591, Refshalevej 147, 1432 Copenhagen K, Denmark ("Enalyzer"). 2. The Subscription takes effect upon the acceptance by, or on behalf of, the Customer.
The use of the Service is limited to the specific persons stated in the Acceptance Form (hereinafter "User" or "Users"). Each User will have a unique and personal license to access the Service. An individual user name and password per User will be allotted. User names and passwords may not be transferred to any other person without the acceptance of Enalyzer.
2. Free Subscription shall be valid for an indefinite period. Paid Subscription shall be valid for the period chosen by you (the "Subscription Period").
3. After the end of any paid Subscription Period the Subscription continues on the same terms for a new Subscription Period of the same length as the preceding Subscription Period unless terminated by the Customer prior to the end of the current Subscription Period by logging in and unsubscribing on the account settings of the Enalyzer website, or unless terminated before the end of the current Subscription Period by Enalyzer by email to the Customer. If not terminated prior to the end of a Subscription Period the Subscription will continue for a new Subscription Period, consecutively, and if payment for the preceding Subscription Period has been made by credit card, payment will be automatically credited from the credit card account used by the Customer for the preceding payment. The Customer hereby expressly accepts such automatic payment.
4. A free subscription does not terminate until terminated by the User or by Enalyzer.
5. Terminated paid Subscriptions are automatically downgraded to the limited free Subscription from where the use of the Service can be fully terminated.
1. Enalyzer provides various online data processing services including among others a survey and reporting tool. Enalyzer’s data processing services consist of software developed by Enalyzer with access to an online platform and a number of servers operated by or on behalf of Enalyzer in the EU (the "Service").
2. The Service may also include consultancy services, support services and/or education services, either offered for free or against payment through a separate agreement.
3. The Service is a standard service and Enalyzer does not guarantee that the Service meets the Customer’s particular requirements, nor that use of the Service will lead to specific results for the Customer.
4. Enalyzer supports the most common browsers, in their most recent versions. Enalyzer’s online platform is continuously updated to support new browsers and new versions of existing browsers, as they become common in the market.
1. The Customer undertakes to give complete and accurate information, when creating a User access to the Service. The Customer shall without undue delay inform Enalyzer of any changes in this information.
2. The Customer shall ensure the secure and confidential storage of username and password for the Service. Should the Customer become aware that the username or password is abused, or should any other unauthorized use of the Service take place, the Customer shall inform Enalyzer hereof immediately.
3. If Enalyzer has probable cause to suspect any abuse of the Service or missing Subscriptions, Enalyzer shall inform the Customer and take the necessary measures, including denial of access to the Service.
2. Enalyzer uses a third party cloud-platform for hosting of the Service and shall store the Customer's data in a secure manner as further described in the Enalyzer Data Processing Agreement. Enalyzer shall not disclose Customer’s data without the written consent of the Customer.
4. In case of system failure Enalyzer shall, as quickly as possible, initiate a restart of the Service. Enalyzer cannot be held liable for any loss, directly or indirectly attributable to a system failure, unless this failure is due to willful misconduct or gross negligence on the part of Enalyzer.
6. Enalyzer endeavors to ensure that the Service is run as securely and stably as possible in accordance with good IT practice. Enalyzer has designed the Service in accordance with good, professional practice and has implemented appropriate security measures for the operation of Enalyzer’s online platform and the Service to ensure ongoing confidentiality, integrity, availability and resilience. Enalyzer will use all reasonable means to ensure that the Service is at all times operational and accessible to the Customer or respondents, and that specific transactions may at all times, or at any given time, be initiated and/or carried out on the Service. Enalyzer’s security measures and compliance with the General Data Protection Regulation (GDPR) is described in more detail in Enalyzer’s Security Policy. Notwithstanding the foregoing, the Service is delivered “as is” and to the extent permitted by law Enalyzer disclaims all guarantees, whether explicit or implied or by law, including but not limited to fitness for a particular purpose, and does not guarantee faultless functionality, including that the Service cannot be exposed to hacker attacks, or other unauthorized access to the Service, i.e. in the form of forced entry into the IT systems on which the Service is based.
7. Enalyzer is entitled to shut off access to the Service completely, or in part, due to security or operational reasons. If reasonably possible Enalyzer shall prior hereto give the Customer an adequate notice.
1. The Customer undertakes to use the Service in accordance with the instructions provided by Enalyzer at any time, including this Subscription. The Customer shall not attempt to break into the underlying database or any other system resources. Equally, the Service must not be used in any way, which can be said to be detrimental to Enalyzer or any third party, and consequently the Customer must not use the Services for purposes such as spamming.
2. The Customer guarantees Enalyzer that the Customer’s use of the Service is lawful in respect of all applicable legislation in any country where the Service is used, including in compliance with any Marketing Practices Act and any Data Protection Act including the General Data Protection Regulation (GDPR). The Customer is solely liable to respondents and third parties for any claims resulting from the Customer’s use of the Service.
3.. The service is not meant for and must not be used by minors. “Minors” are persons under the age of 13 years (or under such higher age that apply under applicable law in the relevant country to consider a person of legal age).
Enalyzer may contact Customer, its Users and other employees directly by e-mail for marketing purposes only if they have consented to it. If Customer or its Users have provided Enalyzer with their e-mail in connection with purchase of the Service Enalyzer may also use these e-mails to market similar services. Customer and its Users can always withdraw a consent to direct marketing by e-mail and/or opt out from our marketing communication to you.
Enalyzer may also use Customer’s and its Users’ e-mails to provide information about service and support information such as services updates, new features and other information regarding improvement of Customer’s use of the Service and its functionality and features.
1. All price information is stated on Enalyzer’s website in the indicated currency. Invoicing will include Danish VAT of 25% and other applicable taxes.
2. Enalyzer can adjust the prices on the Service to take effect from a new Subscription Period, with a written notice to the Customer of minimum 30 days prior to the commencement of a new Subscription Period.
2. Enalyzer holds all rights in and to the Service and its individual components, including name, logo, other trademarks, programming, databases, catalogues, design, graphics and texts, unless such material originally belongs to the Customer. This also applies to all other material given to the Customer.
3. The Customer shall not, without a written agreement with Enalyzer, use the Service or any other material to which Enalyzer holds the rights. However, the Customer acquires the right of use to graphic elements and text, resulting from analysis carried out on behalf of the Customer.
4. The Customer’s License to the Service and any other material, to which the Customer acquires the right of use or copyright, is conditional upon the Customer’s payment of the remuneration agreed upon.
5. Each party shall indemnify the other party for any loss occurred due to claims from a third party that information, design, specifications, software, data and other entities, delivered by the party in question infringes third party rights.
1. The parties are liable in damages in accordance with the general rules of Danish law.
2. However, neither party is liable for indirect loss, including loss of data. Thus, Enalyzer is i.e. not liable for any acts carried out on the basis of analysis prepared by way of the Service.
3. Enalyzer’s liability in damages with respect to the Service and the Subscription is limited to the amount paid to Enalyzer by the Customer, regarding the Subscription for a period of 12 months prior to the accrual of the claim. In the event of free Subscription the amount is limited to the lowest applicable price of a paid Subscription for a period of 12 months prior to the accrual of the claim.
1. The parties are in no event liable for the performance of their obligations under the Subscription, if the failure to perform is due to force majeure. Force majeure shall mean situations such as strike, lockout, rebellion, acts of war, disease epidemics, natural disasters and fire, outside the parties control and which the parties, when entering into the Subscription, neither could foresee, nor ought to have avoided or overcome.
1. Each party undertakes to keep know-how, business secrets, personal and customer information or other confidential information, confidential.
2. The duty of confidentiality does not apply to information, which was available to the public at the time of disclosure, or if the other party can prove that the party receiving such information was already familiar with the information when receiving it, or if the information in question was otherwise lawfully available to the recipient at this point in time.
3. Each party undertakes, in respect of the other party, to impose a similar duty of confidentiality on employees and sub-suppliers.
1. No refund of prepayments shall take place in case of termination of the Subscription by the Customer.
2. Either party can terminate the Subscription with immediate effect in case of the material breach on the part of the other party, which if capable of remedy has not been remedied within the expiry of a written notice of thirty (30) days from the party in breach. Material breach occurs if: a) the Customer uses the Service contrary to their purpose, b) the Customer unlawfully copies trademarks, software or other items belonging to Enalyzer, c) the Customer’ failure to comply with its obligations provided by clause 5 of the Subscription.
3. In case of termination due to the Customer’s material breach any prepaid amounts are not refunded. In case of termination due to material breach on the part of Enalyzer, or if the subscription is terminated by Enalyzer, any prepayments in respect of the actual Subscription Period will be refunded on a pro rata basis. Beyond this, the Customer is not entitled to any refunds in connection with termination.
4. If the Customer wishes to object to a defect in the Service, this must take place without undue delay and one week at the latest following the occurrence of the defect.
5. Enalyzer cannot be held liable for any defects in the Service to which the Customer has not objected six (6) months at the latest after the Service being delivered to the Customer.
1. The Customer is not entitled to assign its rights or obligations under the Subscription to any other party.
2. Enalyzer is entitled to assign its rights and obligations under the Subscription to any bona fide third parties.
1. Any disputes related to this Subscription, or agreements to which these terms of Subscription apply, shall be brought before the courts, with the City Court of Copenhagen as the court of first instance.
2. Danish substantive law shall apply without regard to its principles of conflicts of law.
The Subscription is effective by 25 May 2018.
Enalyzer is entitled to amend the terms of the Subscription with not less than 30 days’ notice. In such case Enalyzer will inform the Customer and also post any changes on Enalyzer’s website.