Terms & Conditions
TERMS AND CONDITIONS
for the use of ”jswzl” provided by jswzl ApS
Last updated: July 4th
1. Terms of reference
The following are the terms and conditions for the purchase and use of jswzl (hereinafter “the Product”).
Unless otherwise expressly agreed between the customer (hereinafter “the Customer”) and jswzl ApS, these terms and conditions apply to the Customer’s purchase and use of the Product.
2. License terms
A license to the Product is valid for a period of one (1) year and is connected to the Customer.
All payments must be made via credit card. jswzl ApS may change its fee structure at any time with 14 days’ notice, in which case the new rates will apply as of the next renewal period.
All Product upgrades will be available immediately, while all downgrades will be effective as of the next renewal date.
The Customer can use the license on multiple devices. However, any misuse of the license, e.g., sharing the license with anyone else or selling the license, will result in the deactivation of the license.
The Product may only be used for legal purposes. Any use of the Product in breach of local or international laws, regulations etc., will result in a deactivation of the license.
The Product may not be used by Customer’s located in OFAC-sanctioned countries. The use of the Product in a OFAC-sanctioned country will result in immediate deactivation of the license.
3. Examination, complaints and return policy
The Customer is obligated to examine the Product upon delivery, i.e. purchase of the Product. The Customer is obligated to notify jswzl ApS, in writing and without undue delay, of any complaints about defects or lack of fitness for a particular purpose that can be identified during the examination.
If complaints or defects are not reported to jswzl ApS within 15 days from delivery, the delivery shall be deemed approved, and all claims of defective delivery shall be excluded. If a complaint is made within 15 days of delivery, and if jswzl ApS is not able to remedy said complaint, the Customer is entitled to return the Product for a refund.
Notwithstanding the abovementioned, consumers are entitled to return the Product in accordance with the applicable Danish regulation.
If the Product becomes defective, jswzl ApS is obligated to remedy the defect by carrying out repairs or, at jswzl ApS’ option, to provide a refund in proportion with the remaining time on the license. These are the Customer’s only rights of complaint.
The Customer is not under the abovementioned circumstances entitled to claim damages or any other remedies.
4. Intellectual property and data
All intellectual property rights pertaining to the Product, including all underlying technology and software, is and shall remain the sole and exclusive property of jswzl ApS and is thus protected in accordance with the applicable intellectual property rights legislation.
The Customer is granted a license to use the Product, but no license to use of any underlying technology or software is granted to the Customer. The Customer is not in any way entitled to, nor may the Customer allow any third party to, reverse engineer and/or create derivatives of the Product using any method possible.
The Customer may not modify the Product.
5. Limitation of liability
jswzl ApS will not be liable to the Customer or any third-party claimant for any indirect, punitive, consequential or incidental losses or damages, including, but not limited to, lost profits or lost data inserted into the Product.
Damage caused to a third-party as a result of the Costumer’s use of the Product is of no concern to jswzl ApS. The Customer undertakes to indemnify and hold jswzl ApS harmless for any and all third-party claims arising out of the Customer’s use of the Product.
jswzl ApS’ total cumulative liability to the Customer or any other party for any loss or damages resulting from any claims, demands or actions arising out of or in connection to these terms and conditions or the Customer’s use of the Product shall not exceed the total paid-in fee from the Customer to jswzl ApS within 12 months prior to the date the claim is first brought against jswzl ApS, multiplied with five (5).
6. Product liability
Apart from the liability that may arise from the Product Liability Act or similar mandatory regulation, jswzl ApS is not liable for damages caused by the Product.
jswzl ApS is thus not responsible for damages that fall outside of the Product Liability Act (i.e., commercial property damage).
7. Disclaimer of warranties
jswzl ApS hereby disclaim all warranties of any kind, either expressed or implied, including but not limited to warranties of fitness for a particular purpose. Neither jswzl ApS nor its contractors make any guarantee that the Product will be error free, free of viruses or other harmful components.
8. Assignment
jswzl ApS is entitled to assign and/or transfer any of its rights or obligations under these terms and conditions to any affiliate company in connection with a merger, acquisition, corporate reorganization or sale of all, or substantially all, of its assets pertaining to the Product. jswzl ApS is obligated to notify the Customer of any such assignments or transfers.
9. Modifications
These terms and conditions may be amended or updated by jswzl ApS from time to time. The Customer’s use of the Product after any such amendment or update of these terms and conditions shall signify the Customer’s acceptance of the revised terms and conditions. As a consequence, the Customer is responsible for visiting and reviewing these terms and conditions periodically.
10. Personal data
In order for jswzl ApS to deliver the Product, jswzl ApS will need to process the Customer’s personal data.
For more information on how jswzl ApS’ processes the Customer’s personal data, please see our privacy policy: https://www.jswzl.io/legal/privacy-policy.
11. Disputes
These terms and conditions are governed by Danish law. Any disputes arising out of or in connection with these terms and conditions or the Customer’s use of the Product, must be settled by the District Court of Odense.
