Terms

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General Terms of Use

1 About these Terms

1.1 These Terms of Use (hereinafter “Terms”) regulate the customer’s (hereinafter “Customer”) subscription to and use of the tracezilla application (hereinafter “the tracezilla application”) provided by the company tracezilla ApS (hereinafter “tracezilla”), VAT ID. DK39720876

1.2 The conditions are accepted by creating a user account in the tracezilla application and are valid as long as the Customer has a user account in the tracezilla application.

1.3 The conditions may be changed or updated at any time. The customer’s use of the tracezilla application after changes to the Terms is considered an acceptance of the modified Terms.

1.4 The applicable Terms will always be available on the tracezilla website and in the tracezilla application settings.

2 About tracezilla

2.2 tracezilla offers a cloud-based ERP system designed for food companies. Furthermore, tracezilla has the website tracezilla.com, which also provides tutorials for the application.

3. Rates and payment terms

3.1 All prices on the tracezilla website and in the tracezilla application are shown excl. VAT. tracezilla offers a free trial of 14 days.

3.2 The subscription is paid monthly in advance and invoiced via the credit card details entered. The subscription is valid for the number of user accounts included in the subscription.

3.3 Credit card details must be entered after finishing a 14-day trial subscription. When the 14-day trial subscription expires, access to the application will stop automatically and will not open until valid credit card details have been entered.

3.4 The individual user account created by the Customer in connection to the Subscription is personal and cannot be used by any other person than the person it is created for.

3.5 tracezilla reserves the right to change the prices and / or composition of the individual subscriptions. Changes in subscriptions, including price changes, are notified via e-mail or by posting on the tracezilla’s website. Changes will apply at the earliest from the next subscription period.

3.6 tracezilla offers support services and onboarding services for new customers as part of the subscription. The number hours included in the subscription plan is indicated on tracezillas web site. Onboarding services exceeding the number of hours included is available for €145 per hour.

3.7 There is no fixed limit to how many or how large order transactions can be for a single account over a given period. tracezilla, however, reserves the right to request additional payment in cases where the number or the size of order transactions, file storage, etc. rises to an extent that put pressure on the infrastructure beyond the usual.

4 Termination of subscription

4.1 There is no binding period. The Customer can cancel the subscription until the day before a new monthly payment period starts. The Customer can see the payment periods in the subscription settings.

4.2 tracezilla can terminate a subscription with three months’ notice without any reason. Notification will be made by email. The customer will be able to extract their data from the tracezilla application during the termination period.

4.3 tracezilla may terminate a subscription without notice in case of non-payment of subscription or in the event of gross breach of conditions.

5 No right of withdrawal

5.1 the tracezilla application is offered to business customers only. There is therefore no right of withdrawal in connection with purchase of subscription.

6 Customer data

6.1 The Customer owns and is responsible for the data entered in the tracezilla application. tracezilla acts as a data processor for the customer.

6.2 The data that the customer owns in the tracezilla application is treated confidentially and will not be shared with third parties. tracezilla shall observe professional secrecy with regard to all information obtained about the Customer incl. information obtained through integrations to other applications to which the Customer has granted tracezilla access.

6.3 tracezilla can make use of subcontractors to process and store data.

6.4 If the Customer does not wish to continue its subscription after the 14-days trial period, the Customer’s user account and associated data will be deleted 90 days after the trial period expires. The Customer can actively delete the account at any time.

6.5 The Customer is obliged to protect and keep its user information and passwords secret, so that unauthorized users cannot access Customer’s data.

7 Privacy

7.1 The data that the Customer owns and that tracezilla processes is regulated in the Data Processing Agreement between tracezilla and the customer.

7.2 The personal data for which tracezilla is the data controller is governed by the tracezilla Privacy Policy.

7.3 By accepting the Terms of use of the tracezilla application, the Customer automatically enters into a Data Processing Agreement between the Customer and tracezilla and instructs tracezilla to process the Customer’s personal data. At the same time, the Customer also accepts tracezilla’s Personal Data Policy. The Data Processing Agreement can be downloaded from the application, and via the Privacy Policy.

8 Customer’s use of the tracezilla application

8.1 Customer agrees that Customer’s use of the tracezilla application is in accordance with applicable law, including the General Data Protection Regulation.

9 Updates and upgrades of the tracezilla application

9.1 The tracezilla application is being continually developed, maintained and upgraded. When corrections, upgrades etc. are made available, the Customer accepts these in order to continue to use the system.

9.2 tracezilla will endeavor to ensure that maintenance and upgrades do not interfere with the operation of the application. Malfunction may in some cases occur in relation to maintenance and upgrades.

9.3 tracezilla strives to ensure the operational stability of the tracezilla application.

10 Emails and phone calls from tracezilla

10.1 tracezilla may send emails to users of the tracezilla application with information about updates and relevant features in the tracezilla application.

10.2 tracezilla may make phone calls to users of the tracezilla application for the purpose of offering an introduction to the tracezilla application.

11 Disclaimers for the use of the tracezilla application

11.1 Using the tracezilla application is at the Customer’s own risk. tracezilla cannot be held liable for any direct or indirect loss arising from the use of the tracezilla application, including, but not limited to, operating loss, loss of profits, lost earnings, or loss of anticipated savings.

11.2 tracezilla is not responsible for any problems, losses or damages that may occur due to coincidence and circumstances beyond control. This applies, for example, to breakdown of the electricity grid / power outage, problems with Internet connections, virus attacks, regulations from state authorities, hacker attacks, problems with hardware or other forms of force majeure.

11.3 In case of loss of data due to errors in the tracezilla application or related to the development and maintenance of the tracezilla application, tracezilla is solely responsible for attempting to restore data based on the latest backup of the Customer’s data. tracezilla is not responsible for restoring lost data due to errors or misapplication of the tracezilla application by the Customer.

11.4 tracezilla is solely responsible for intentional or gross negligence. The maximum liability to the Customer may, for any reason whatsoever, never exceed an amount equal to the actual subscription amount paid by the Customer for the use of the tracezilla application for the past 12 months prior to the intentional or gross negligence.

12 Disclaimers for tracezilla Support

12.1 The guidance the Customer receive regarding the use of the tracezilla application, from tracezilla support and on the tracezilla support page is for guidance only and cannot substitute for consulting from a consultant. tracezilla cannot be held responsible for this.

13 Intellectual property rights

13.1 tracezilla has all the intellectual property rights, including copyright and trademark and patent rights, to the tracezilla application.

14 Subject to applicable Danish legislation

14.1 The Customer’s subscription agreement, including these Terms, is governed by applicable Danish law.

14.2 Any dispute between tracezilla and the Customer shall be settled in accordance with Danish law by the ordinary Danish courts.