Terms of Service

Last updated: 16 September, 2021

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This Subscription Agreement (the “Agreement”) is entered into and between Weld Technologies ApS (“Weld”) and the (“Customer”) and is effective as of the date that You accept these Terms and Conditions, or start using the Services.

The Customer and Weld are referred to individually as "Party" and collectively as the "Parties".

This Agreement sets out the general terms and conditions that apply to using the Services and the website www.weld.app.

Definitions

For the purposes of this Terms of Service:

Terms

1. SERVICES

1.1: By subscribing to the Services, You are agreeing to these terms and conditions and are bound by them legally. This includes all applicable laws and regulations whether international or local.
1.2: When subscripting to the Services an account will be created in our product. You can find all details about your account when you log in as an Admin.
1.3: We reserve the right to refuse service to anyone for any reason at any time.
1.4: You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services unless explicitly approved by Us in writing.

2. COMMENCEMENT

2.1: The Agreement will commence on the Commencement Date. The Agreement will terminate in accordance with clause 9. The Agreement and all communications between Us and You shall be in the English language, to the extent that this Agreement is translated into any other local language the English version shall prevail in case of inconsistency.
2.2: Your Subscription will continue on a monthly or yearly basis depending on the Subscription Period.

3. USE

3.1: The license of the Services is granted and limited to You and your employees only.
3.2: You may not resell the Services or allow any Third-Party or outsider access to the Services.
3.3: You will be responsible for all use through your Account including all Users associated with your Account.
3.4: You may not use the Services: a) for any unlawful purposes, b) to violate any international or local rules, laws or regulations and c) in any way that causes or may cause damage to Weld whether directly or indirectly, d) for load testing, hacking, modification or similar.

4. PAYMENT

4.1: Payments already made are not refundable.
4.2: All prices are in EUR and exclusive of VAT unless explicitly stated otherwise.
4.3: A valid payment method must be provided by You and kept up to date at all times.
4.4: You will be charged on a monthly or yearly basis depending on the Subscription Period.
4.5: If You fail to perform a payment for any reason (wrong payment details, insufficient funds etc), We reserve the right to suspend Your access to the Services until You have paid in full all outstanding invoices.

5. TERMS

5.1: The Agreement will remain in effect for the Term.
5.2: Your Subscription will be in effect monthly or yearly until terminated. This means that Your Subscription will automatically renew monthly or yearly depending on the Subscription Period.

6. CHANGES

6.1: We will update the Agreement from time to time.
6.2: It is your responsibility to check the Agreement for any changes and the continued use of the Services will imply an agreement from Your end to these changes.
6.3: Our prices may change from time to time without notice.
6.4: We reserve the right to at any time modify or discontinue the Service without notice.

7. INTELLECTUAL PROPERTY RIGHTS

7.1: We reserve all rights to Our Website, Logo’s, Marketing Materials, Product, Services, Intellectual Property Rights, Data, and anything else that belongs to Us.
7.2: Any information obtained, under clause 7.1, before, during or after subscribing to the Services are strictly confidential and may not be shared with Third-Parties unless explicitly approved by Us in writing.

8. YOUR PERSONAL DATA

8.1: We look after Your privacy and Your personal data and we are fully dedicated to only collect the data we need to provide the Services and to keep Your data safe and secure.
8.2: Unless You have provided Your explicit permission, Your personal data will not be used for marketing purposes by Us or Our commercial partners (unless You have independently provided Your consent to them directly).
8.3: You have the right to request details of the personal information that is held about You, and You may receive this by writing to Us. Where legally permitted, We may charge for this service.
8.4: Please refer to the Privacy Policy of Weld Technologies ApS for full details, which You accept by accepting the Agreement.

9. TERMINATION

9.1: You can terminate the Subscription at any time. If You terminate You will be able to use the Services until the end of the current billing period either monthly or yearly as agreed in your contract.
9.2: In a termination event we will delete all your Account information after 120 days after the end of Your Subscription.

10. LIABILITY

10.1: We will limit our liability for all claims for losses arising as a result of using the Services to no more than what You have paid for the duration of your Subscription up to a maximum of 12 months worth of Subscription Fees.
10.2: We shall only be liable for claims arising as a result of our deliberate misconduct and only for losses that are directly attributable to the use of the Services.
10.3: You agree that the use of the Services is at your own risk.
10.4: We shall not be liable for any Third-Party modifications or suspension which result in the discontinuation of the Service.
10.5: We strive to have close to perfect up time on the Services, however We cannot guarantee, represent or warrant that Your use of the Services will be uninterrupted, timely, secure or error-free at all times.

11. INDEMNIFICATION

11.1: You agree to indemnify, protect and hold harmless Weld and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, arising from but not limited to a breach of the Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a Third-Party.

12. LAW AND COURTS

12.1: The Agreement, and Your relationship with Us arising out of or relating to the Agreement, will be governed by the law of Denmark. All disputes arising out of or relating to the Agreement shall be subject to the exclusive jurisdiction of the courts of Denmark.

13. SEVERANCE

13.1: If any term or provision in the Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.