Last updated: April 10, 2024
These Terms of Use constitute a legally binding agreement (the “Agreement”) made between you, whether personally or on behalf of an entity (“you”) and Less Tech ApS (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Less Platform as well as any other media form, analytics tool, media channel, mobile Platform or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted. All use of the Platform shall be considered “fair use” in the reasonable opinion of us. We reserve the right to exclude you from the Platform in the event of any kind of exploitation, or unfair use of the Platform.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws under applicable law, international copyright laws, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
In the event that you and/or your organisation is on a single-tenant Less platform, your platform will technically have its own, unique IP address. Insofar as you use Custom Python Connections, API calls through the Modelling Canvas or any future feature enabling you to call custom outgoing API calls (or similar), you are entirely responsible for staying within the rules and limitations of whatever 3rd party API (or similar technology), you will be interacting with through the Platform. In the event that you do not respect the rules and limitations of 3rd party APIs, you are entirely responsible for having your single-tenant platform’s IP address blocked or blacklisted by the given 3rd party API (or similar technology) service. We are not required to change or alter IP addresses or otherwise bypass existing blacklistings. Multiple violations of 3rd party API (or similar technology) restrictions, guidelines, rules and limitations can result in contract termination by us.
By using the Platform, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise in a way which is harmful to the Platform; (4) you will not use the Platform for any illegal or unauthorised purpose; and (5) your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through invoices for purchases made via the Platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in DKK.
There will be a free trial period of 30 days whereafter the payment shall commence.
Consultancy services may be agreed on specifically against payment and are paid at our hourly rate applicable at the date of the agreement on the consultancy service.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.
The Agreement enters into force on the date when you receive your order form or otherwise accepts the Agreement (the “Commencement Date”).
Unless otherwise specified in your order form, a 12-month period of commitment will apply to access to the Platform(s) (subscription) from the Commencement Date. The payment method can be agreed to monthly, quarterly or every 6 months and this will appear on the order confirmation.
Both we and you may terminate the Agreement at written notice of 30 days to the end of the subscription commitment period. If the Agreement is not terminated no later than 30 days before the expiry of the period of commitment, a new 12-month period of commitment is triggered.
These Terms of Use shall remain in full force and effect while you use the Platform. Without limiting any other provision of the Terms of Use, we reserve the right in our sole discretion and without notice or liability to deny access to the Platform in the event of breach of the Terms of Use.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Platform and through third-party websites. In any event we do not take responsibility for any scripts created by you, and you shall be solely responsible and liable for such. As such, any Contributions you transmit may be treated in accordance with the Platform Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
You and the Platform agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). However, you will at all times manage and own the database. For the avoidance of doubt you are not allowed in any way to request us to manage the database through AWS. We are not responsible for any connections made between the database provided by us and any third-party applications.
By submitting suggestions or other feedback regarding the Platform, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
Each party is liable for damages according to the general rules of Danish law with the limitations below, however to the effect that the limitations only apply, if the loss cannot be attributed to gross negligence or intent with the damage-inducing party. We disclaim any liability for damages for any indirect loss or consequential loss, including, but not limited to, operating loss, lost profit, loss of the your data and goodwill.
We are liable for product liability according to the general compensation rules of Danish law. However, in each case, liability for damages is limited to the widest extent possible under applicable law..
During the term of the Agreement and after its expiry, the parties undertake, vis-a-vis third parties to keep secret all information received from and about the other party to which a party becomes aware of in connection with the Agreement and delivery of the Platform(s) to you. The parties may only use such information in compliance with the Agreement and may not disclose the information unless disclosure is required under law, a court order or an order of a public authority. However, the above does not apply to information that is generally known or publicly accessible, and which is not subject to such restrictions under the law.
We are entitled to refer to you as a reference unless you have objected to this expressly and in writing.
By the acceptance of the the Agreement, you give us the right to send service and informative notifications to you via email. The emails may contain newsletters and other marketing and information about the Platform(s) and our other products and services from time to time.
While the Agreement is enforce you give us the right to use your name and logo for marketing purposes on the Less website.
You may always unsubscribe to news mails and other marketing.
Emails that contain operational information are mandatory as they may be of importance to your use of the Platform(s).
In case of one of the parties’ material breach of the Agreement, the party not in breach may terminate the Agreement without further notice if the circumstance has not been remedied within 10 business days calculated from a written claim to the party in breach.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platform; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
In addition to these Use of Terms we refer to the Privacy Policy and Data Processing Agreement in place from time to time which forms an integral part of these Terms of Use. Personal data is processed in accordance with our Privacy Policy.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
These Terms of Use are subject to Danish law. You hereby agree to submit to the exclusive jurisdiction of the courts in Copenhagen, Denmark, for resolution of any dispute, action or proceeding arising in connection with these Terms.
These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at hello@less.tech or by post to:
Less Tech ApS
Østerfælled Torv 3
2100 Copenhagen
Denmark
