Terms and conditions

 Calculate.it ApS CVR no. 4483124

1. application 

1.1 These general terms and conditions of sale and delivery (hereinafter "The conditions") applies to all agreements that Calculate.it, CVR no. 44831244 (hereinafter "The company"), enters into with the licencee (hereinafter "Our customers") for access to - and delivery of - the Company's calculation programme, including any updates, for use for sewerage / drainage and earthworks for commercial customers (hereinafter "Calculation programme"). 

2. Contractual basis

2.1 The terms and conditions, together with the Company's offer, constitute the entire basis of agreement between the parties. Any purchase conditions of the Customer - printed on orders or otherwise communicated to the Company - do not form part of the contractual basis. 

2.2 Changes to, and additions to, the contractual basis are only valid if the parties have agreed to them in writing. 

3. Price, payment and cancellation

3.1 The price for access to the Calculation Programme and any ongoing updates to the Calculation Programme (requires creation and ongoing payment of a subscription) follows the Company's price list applicable at any time, unless the parties have agreed otherwise in writing. 

3.2 All prices are exclusive of VAT. 

3.3 The Customer's access to ongoing updates requires the creation and ongoing payment of a subscription. Subscription payment is made in instalments for 1 year at a time. 

3.4 The subscription price is fixed during the subscription period (1 year after total payment). Any price change in accordance with the Company's price list. The Company's price list applicable at any time will thus take effect when the Customer subscribes to a new subscription. 

3.5 Access to the Calculation Programme is granted immediately after the Customer has paid the invoice. 

3.6 Access to ongoing updates of the Calculation Programme is granted immediately after the Customer has paid the invoice. Access to ongoing updates will cease if the subscription is not renewed after the expiry of the subscription period (1 year after total payment). 

3.7 The Subscription Agreement is non-cancellable during the subscription period (1 year after total payment). 

4. Responsibility

4.1 The Customer is responsible, and bears the risk, for any use of the Calculation Programme, including incorrect entries and incorrect use of the Calculation Programme. 

The Company shall not be liable for any direct or indirect loss, including but not limited to loss of profit, production, sales, time or goodwill, which the customer may suffer by using the Company's Calculation Programme and services. 

4.2 The calculation programme may only be used for calculation of sewerage / drainage and earthworks / civil engineering works in Denmark. Any use of the Calculation Programme for other tasks or in other countries is of no concern to the Company. 

4.3 If a third party makes a claim for damages against the Company as a result of the Customer's use of the Calculation Programme in violation of the agreement, the Customer must in all cases indemnify the Company. 

4.4 The Company's liability, if any, is in any case limited to the sum of licence payments received from the Customer. 

4.5 The Company is not liable for non-fulfilment of obligations that can be attributed to force majeure. Force majeure shall be deemed to be circumstances beyond the Company's control and which the Company should not have been able to foresee when entering into the agreement, including unusual natural conditions, war, terrorism, fire, flooding, vandalism and strikes etc. 

6. Terms of use of the Calculation Programme

6.1 The Customer may not pass on or otherwise enable others to use the Calculation Programme or the Company's trade secrets or other information of any kind that is not publicly available, including information of any kind about the structure and coding etc. of the Calculation Programme. 

6.2 The Customer must not improperly obtain, or attempt to obtain, knowledge of - or access to - the Company's confidential information as described in clause 6.1. The Customer must handle and store the information securely to prevent it from unintentionally becoming known to others. 

6.3 The Customer's obligations shall apply during the parties' trade and without time limit after the termination of the trade, regardless of the reason for the termination. 

5 Intellectual property rights 

5.1 The full ownership of all intellectual property rights relating to the Calculation Programme belongs to the Company, including - but not limited to - patents, designs, trademarks and copyrights.

7. Processing of personally identifiable information

7.1 Processing. The Company processes personal data with due observance of the General Data Protection Regulation and the Danish Data Protection Act. Information about the Customer's name, e-mail,  telephone number, etc. are used solely in connection with the Customer's order and communication with the Customer. 

7.2 Rights of the data subject. The Company complies with the data subjects' rights (e.g. right of access, rectification, erasure, restriction of processing, objection, data portability, complaint and right not to be subject to a decision based solely on automated processing, including profiling. 

7.3 Storage and disclosure. The Company will store the data for as long as necessary for the purpose for which the data is processed. The Company may not disclose, sell or otherwise transfer information to third parties unless the Customer has given its consent. 

7.4 Contact. If the Customer wants information about what data is being processed, to have data deleted or corrected, the Customer can contact it@calculte.dk

8. Applicable law and jurisdiction

8.1 The parties' trade is in all respects subject to Danish law. 

8.2 Any dispute that may arise shall be settled by the Court in Randers as the agreed venue.