Plan My Shifts General Terms of Service
These General Terms of Service govern the solution offered for Clients by Datapult, unless otherwise explicitly deviated from in the Service Contract.
Datapult is an AI and machine learning software vendor and acts as an independent service provider.
Datapult ApS, with company registration number 39 63 95 99, whose registered office is at Fruebjergvej 3, 2100 Copenhagen Ø, Denmark is registered in Denmark (“Datapult”).
Datapult offers services relating to machine learning (the "Service").
Datapult and the client shall always enter into a Service Contract regulating in more detail the Service to be performed for the client.
Datapult shall treat all information received from or about the client in connection with the Service as confidential.
The Client acknowledges and agrees that the proprietary rights to and in the Service belongs to the Datapult.
The Client acknowledges that the Service and any intellectual property of Datapult (including all methods, concepts or techniques utilized therein and improvements or enhancements thereto, regardless of the party or parties responsible for such improvements and/or enhancements) and its related documentation are commercially valuable to Datapult and constitute Datapult’s proprietary information and are to be treated as confidential by the client. The client further acknowledges that Datapult may use any ideas, concepts, modifications, suggestions, improvements, enhancements and information arising out of the client’s use of the Service unless otherwise deviated from in the Service Contract.
Invocing and Retainer
Invoicing is always based on the fee agreed in the separate Service Contract.
Datapult invoices its clients each month, unless otherwise agreed. VAT will be added to the invoice under the applicable rules.
The terms of payment are fourteen (14) days from the date of the invoice, unless otherwise agreed. In case of late payment, interests will be charged in accordance with the Danish Interests Act on any unpaid amounts.
Marketing of Datapult’s services and use of Client’s trademarks
The client may use Datapult’s name, logos or other marks.
Any use of the client’s name, brands or logos by Datapult shall be subject to the client’s prior approval.
Datapult is liable for the Service performed in accordance with the general rules under Danish Law.
The liability of Datapult for any loss sustained and for which Datapult is liable under Danish law is limited to an amount equaling to 5 times the fee paid to Datapult for the matter at hand up to a maximum of DKK 2 million. However, the compensation to a client cannot exceed DKK 5 million for all claims made by the client in one calendar year.
Any liability claim shall only be addressed to Datapult and not its employees, partners or directors
Datapult’s liability is limited to direct losses, thus excluding consequential losses and any indirect loss, including operating loss, loss of data, time, profit, goodwill or image.
Datapult will not be liable for any advice or services rendered by third parties such as other advisers whom Datapult, in agreement with the client, has engaged or to whom Datapult has referred the client.
Datapult is insured with a reputable insurance company.
Data protection and information on the data subjects’ rights
Datapult may process personal data of the client in connection with the Service. Datapult’s processing of personal data is described the Data Processing Agreement between Datapult and the client.
Governing law and venue
These terms of engagement, including any dispute arising out of or in connection with these terms of engagement, shall be governed by and construed in accordance with Danish law, without giving effect to any choice of law rules.
Any dispute arising out of or in connection with these terms of engagement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration administrated by The Danish Institute of Arbitration by one (1) arbitrator in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.