NIOVA IT ApS ("Invoice Scan", “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “Customer”, “you” or “your”), subject to the following Terms of Service. Use of Invoice Scan’s service constitutes acceptance and agreement to Invoice Scan’s Terms of Service. Invoice Scan reserves the right to modify the Terms of Service without notice.
1. Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the Danish laws or other jurisdictions, including The EU General Data Protection Regulation (GDPR). In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Invoice Scan of any unauthorized use of your account or any other breach of security. Invoice Scan will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Data Processing Agreement
Invoice Scan and Subscriber accept each the Data Processing Agreement, which is attached as (Data Processing Agreement), forms part of this Agreement and shall apply in relation to the Invoice Scan’s processing of Subscriber’s personal data or processing of personal data from third parties.
3. Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Invoice Scan. You will not engage in any activity that interferes with or disrupts Invoice Scan's services or networks connected to Invoice Scan.
4. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Invoice Scan will impose fees; and/or pursue civil remedies without providing advance notice. Misuse of the System: Intentional misuse of the system intentions, including but not limited to resale the service or manipulation (coding) of the official client applications of this service. Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Invoice Scan or Invoice Scan's customers. Providing False Data on any Contract or Application: including fraudulent use of credit card numbers. Invoice Scan and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the Danish state or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Invoice Scan's services may not be used to facilitate infringement of these laws in any way.
5. Invoicing And Payment
You agree that Invoice Scan shall be permitted to charge your credit card on a monthly basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Invoice Scan may be turned over to an outside collection agency for collection. Subscriber is aware that Invoice Scan may prospectively change the specified rates and charges from time to time. Invoice Scan is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Invoice Scan. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
6. Support Boundries
Invoice Scan, provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: Invoice Scan provides support related to your Invoice Scan portal and client applications functionality. Support regarding scanning results is provided by a third-party provider (Bilagscan Aps). Invoice Scan does not offer technical support for application specific issues, that is out of the functionality of the application clients such as the Odoo application in general or any other such issue. Invoice Scan does not provide technical support to your customers
7. Account Cancellation Or Suspension
Invoice Scan reserves the right to suspend service access to any customer if, in the judgment of the Invoice Scan administration, the customer's behavioral or usage is target of a violation of any of the other terms of service or for any other reason which Invoice Scan chooses. Invoice Scan will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Invoice Scan reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's service were suspended. If at any time it becomes necessary for Invoice Scan to cancel a customer's service without cause, Invoice Scan will provide 10 days advance notice. You may cancel the service at any time by removing the subscription for any Organization link located on the "Manage Organization" sub-tab of the Invoice Scan portal. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
8. Disclosure To Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Invoice Scan may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Invoice Scan shall have the right to terminate all service set forth in this Agreement.
Subscriber is solely responsible for maintaining/upgrade the usage of the official application clients of the Subscriber via the official client releases. Subscriber is also solely responsible for maintaining the security in relation to the equipment, including passwords, etc. Invoice Scan shall have no liability for any security breaches or data breaches of Subscriber's equipment, including servers. Invoice Scan does not guarantee the security of any of Subscriber's equipment, including servers.
10. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
11. Limitation Of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF INVOICE SCAN HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT INVOICE SCAN WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST INVOICE SCAN ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF INVOICE SCAN’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
12. Prohibited Usage
The Subscriber owns and maintains the full ownership of all Subscriber’s data. Invoice Scan owns and maintains full ownership in and to (a) the Service and Software, (b) any improvements and modifications thereto, (c) software, applications, API, inventions or other technology, developed for this service, support or other services and supplies, etc. delivered to the Subscriber, and (d) all intellectual property rights related to all of the items mentioned in sub-paragraphs (a) to (d).
Invoice Scan wishes to emphasize that in agreeing to the Invoice Scan Terms of Service, customer indemnifies Invoice Scan for any violation of the Terms of Service that results in loss to Invoice Scan or the bringing of any claim against Invoice Scan by any third-party. This means that if Invoice Scan is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Invoice Scan, plus all costs and reasonable attorney's fees.
You agree that Invoice Scan may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Invoice Scan services.
15. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Invoice Scan and govern your use of Invoice Scan services, superseding any prior agreements between you and Invoice Scan for the use of Invoice Scan services.
16. Choice Of Law And Forum
The Terms of Service and the relationship between you and Invoice Scan shall be governed by the laws of The Danish State without regard to its conflict of law provisions. You and Invoice Scan agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denmark and shall be established at the court of Aarhus city.
17. Waiver And Severability Of Terms
The failure of Invoice Scan to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
18. Statute Of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Invoice Scan services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. General Provisions
This Agreement may be validly accepted by check mark during registration. All messages, etc. to the Subscriber under this Agreement may be released by e-mail to the e-mail address provided by the Subscriber.