Terms of use

End-User License Agreement (“Agreement”)

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using CORTIME (“Application”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

License
Apiosoft ApS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application in accordance with the terms of this Agreement.

The Application shall not be used by Client or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. Client shall use its best efforts to ensure that the Authorized Users use the Application in accordance with the terms and conditions of this Agreement.

Intellectual Property Rights
Client acknowledges that all right, title, and interest in and to the Application, Software and the Services, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Apiosoft ApS IP”), is, and at all times shall remain, the sole and exclusive property of Provider.

Apiosoft ApS IP contains trade secrets and proprietary information owned by Provider and is protected by copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software.

The provisions of this paragraph shall survive termination of this Agreement.

Subscription Fee
Client shall pay to Provider the subscription fee (the “Subscription Fee”) in the amount and for the duration that Client has entered and agreed to pursuant to the sign up page for this Agreement.

The Subscription Fee for the first Subscription Period (either month or year, as applicable) of the term of this Agreement shall be paid on the Effective Date.

The Subscription Fee for all subsequent Subscription Periods of the term of this Agreement will be invoiced 30 days prior to the subsequent Subscription Period and shall be paid to Provider latest on the first day of each subsequent Subscription Period.

The Subscription is automatically renewed for a new Subscription Period, unless the Subscription is terminated by the Client by the latest 45 days prior to a new Subscription Period. The termination must be in writing to Apiosoft, e-mail address contact@apiosoft or by using the Subscription administration portal.

Apiosoft ApS has the right to adjust the price plan of the subscription with up to 2.5% annually without prior notice to the Client. If Apiosoft ApS decides to adjust the price plan of the subscription with more than 2.5% annually Clients shall be informed prior to a new subscription period and Clients are free to terminate the automatically renewal in up to 30 days after receiving the information.

The amount of the Subscription Fee does not include any applicable taxes. Client is responsible for any and all applicable taxes.

Client shall provide a valid credit card, ACH payment system information, bank account information authorized for automatic bill paying, or other acceptable method of payment to Provider and shall take all necessary steps to authorize automatic payment of the Subscription Fee. By agreeing to this Agreement, Client hereby authorizes Provider to automatically charge said method of payment for all Subscription Periods during the term of this Agreement.

If, for any reason, automatic payment shall be denied, then Client shall pay the applicable Subscription Fee, to Provider within five (5) days of notice from Provider.

Any additional payment terms between Provider and Client shall be agreed to in writing and set forth in an invoice, billing agreement, or other written document.

Restrictions
You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party without the prior approval of Apiosoft ApS. 

Modifications to Application
Apiosoft ApS reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

The Customer may not disassemble or recompile the software or otherwise reverse engineer the software into any human-readable format. The Customer may not edit, modify, compile, lease, resell or divide the software or its parts or create derivative

products of the software or its parts. The Customer may not use the documentation of the software for any other purpose than to assist the use of the software. Rights other than those granted in this agreement must be separately agreed upon with Apiosoft ApS.

Limited warranty and limitation of Liability
The software is provided “as is” without any warranties. Apiosoft ApS does not grant any specific or conjectural warranty on commercial exploitability or applicability of the software for specific use or any other conjectural warranty. Apiosoft ApS does not warrant the correctness, accuracy, reliability or any other quality of the software or its documentation.  The customer assumes the entire risk arising from the use of the software and its documentation.  Apiosoft ApS shall not grant this product any warranties. No written or oral notification of Apiosoft ApS or its reseller, distributor, representative or employer shall create warranty obligation or expand the granted limited warranty, and such notifications and instructions shall not be regarded as warranties. Apiosoft ApS or its distributors, reseller or agent, shall in no event be liable for any direct, special, indirect or consequential damages whatsoever, like loss of income, loss or damage of information or other commercial or economic loss arising from or in connection with the use or performance of the software or its documentation, even if Apiosoft ApS is advised of the possibility of those damages. The liability of Apiosoft ApS for damage arising from any reason is always limited to the total of the payments made by Customer for the software and documentation.

Copyrights
The rights to the software, including right of ownership and copyrights, belong to Apiosoft ApS. The software is protected under copyright laws and international copyright acts, and other agreements concerning copyright. This license does not authorize Customer to update or improve the program in any way.

Term and termination
Apart from an evaluation copy, this license agreement is effective until it is terminated. The agreement is terminated automatically without a prior notice, if the Customer breaches any term or condition of the agreement. The Customer is not entitled to any compensation from Apiosoft ApS due to termination. The terms and conditions of the agreement concerning confidentiality and restrictions will be effective even after the termination of the agreement.

Apiosoft ApS may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Governing law
This Agreement shall be governed by and construed in accordance with the laws of Kingdom of Denmark, without giving effect to any choice of law or conflict of law provisions.  This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly excluded.

Any dispute, controversy or claim arising out of or in connection with this Agreement or the breach, termination or invalidity thereof shall be resolved by mediation, and in the event that efforts to mediate a resolution of the dispute fail, by means of arbitration in accordance with the Simplified Arbitration Rules of the Danish Chamber of Commerce (Sø- og Handelsretten), in Copenhagen.

Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement
Apiosoft ApS reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 (thirty) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Feedback and contact information
All feedback concerning the software or license agreement should be sent to Apiosoft ApS or authorized reseller. For more information on the software or licensing terms and conditions, contact Apiosoft ApS at contact@apiosoft.com.