Terms & Conditions

Definitions

Subscription: A subscription is created for each Company when a User links their Simplymarketing account.

Application: Simplymarketing and selected add-on modules.

Application Data: Data owned by the User and processed in the Application, such as customer databases, invoices, and other types of production data and documents.

User: The person who has created a Simplymarketing account.

Usage Data: A type of data generated by using the Application, including technical information and traffic information (operating system, browser type, keyboard language, IP address, and similar) and aggregated Application- or user-generated data.

Data Controller: The entity that determines the purposes and means of processing Personal Data.

Data Processor: The entity that processes Personal Data on behalf of the Data Controller.

Simplymarketing Account: Upon creating a User, access is granted to the User’s Simplymarketing account.

Personal Data: Any information that can be related to an identified person or data that can directly or indirectly identify a person.

Company: The company for which data is processed in the Application.

Acceptance of Terms

1.1 These Terms are accepted by checking “I accept the terms” on the signup form.

1.2 These Terms are valid between MarketingDigital ApS, VAT-number: 41911859, Bertram Knudsens Vej 144, 6000 Kolding (Simplymarketing) and you as the User.
1.3 The Application is exclusively offered to businesses; therefore, this service is business to business. As a result, there is no right of withdrawal when purchasing subscriptions for your Simplymarketing account.

Duration of Simplymarketing Account

2.1 The agreement between you as the User and Simplymarketing comes into effect upon creation and remains in force until the User relationship ceases in accordance with these Terms.

Use of the Application

3.1 Simplymarketing grants the User a non-exclusive access to the Application. This access is solely for the User and their advisors, and the Application may not be used by others or for data processing or services for others. As a User, you are responsible for and fully liable for those whom you grant access to the Application or who use your login.

3.2 When creating Companies under a User’s Simplymarketing account, the User personally guarantees that they can legally accept these terms on behalf of the Company.

3.3 The User cannot transfer their Simplymarketing account to a third party. It is possible to transfer a Company associated with a Simplymarketing account to another User with prior written consent from Simplymarketing.

3.4 The User must ensure that the Application is not used in a way that could harm Simplymarketing’s name, reputation, or goodwill, or that is in violation of applicable laws or regulations.
3.5 The User is solely responsible for the content and legality of their data and may not transmit or process harmful code, data, or similar (such as viruses) to or with the software.

Price and Payment Terms for Subscriptions

4.1 The current prices are available on Simplymarketing.ai. Prices are listed excluding VAT and in Euro.

4.2 Simplymarketing reserves the right to change the composition, content, and prices of products and subscriptions with notice via email or postings on our websites.

4.3 A Subscription is automatically renewed upon expiration of the subscription period unless terminated.

4.4 Unless otherwise expressly agreed or stated in the subscription terms, the subscription amount is charged in advance for the chosen subscription period.
4.5 By entering into a subscription arrangement, the User automatically authorizes Simplymarketing to regularly charge the subscription amount to their payment card. If the User uses additional services or extended features, they also accept that separate charges will apply for those additional services or features. Payment for subscription renewals and/or additional services will result in an invoice sent to the User’s provided email address.

Application Data

5.1 The User is the Data Controller for any Personal Data entered and processed in the Application (Application Data), and the User owns and can freely dispose of their own content in the Application.

5.2 Simplymarketing may use Application Data for maintenance, offering, pricing, and development of the Application.

5.3 Simplymarketing may share Application Data with other companies as part of delivering the Application, under the same terms and restrictions as described in these Terms and in accordance with the Data Processing Agreement.

5.4 After the user relationship has ended, Simplymarketing may only process Application Data as described in 5.2 and 5.3 in anonymized form.
5.5 Simplymarketing may grant third parties and authorities access to Application Data, but only in accordance with relevant legislation, in connection with court orders, official requests, the User’s bankruptcy, death, or similar circumstances.

Usage Data

6.1 Simplymarketing is the Data Controller for Usage Data to the extent it contains Personal Data (e.g., VAT numbers).

6.2 Simplymarketing may use Usage Data for statistics and analysis of the Application.

6.3 To the extent that a VAT number is linked to Personal Data, Simplymarketing processes such Personal Data for statistics and analysis of the Application in the role of Data Controller. Such statistics may be combined with publicly available data, Usage Data, and Application Data. After the User’s termination, Application Data will be anonymized.

Operational Stability

7.1 Simplymarketing aims for the highest possible operational stability but is not responsible for outages or operational disruptions, including disruptions caused by factors beyond Simplymarketing’s control. This includes power outages, equipment failures, internet connections, telecommunications connections, or similar. The Application and service are provided as-is, and Simplymarketing disclaims any warranties, representations, assurances, endorsements, or other terms, whether direct or indirect.
7.2 In the event of outages or disruptions, Simplymarketing strives to restore normal operations as quickly as possible.

Termination

8.1 The User can contact support@simplymarketing.ai at any time to delete their Simplymarketing account. This will also be considered a termination of the underlying Subscription(s) associated with the underlying Companies.

8.2 If there is termination or deletion of a Simplymarketing account during a subscription period for a created Company, the User is still obligated to pay for the Service until the Subscription expires. The User’s obligations under this agreement apply throughout the subscription period.

8.3 Termination of a Subscription must be done through the Application and no later than the day before a new subscription period begins.

8.4 If a User fails to pay their subscription, for example, due to insufficient funds in a payment account, Simplymarketing reserves the right to immediately close access to the relevant Company associated with the Subscription until payment is received.

8.5 Simplymarketing reserves the right to terminate a subscription with 3 months’ notice.

8.6 Simplymarketing reserves the right to terminate a User’s subscription without notice in the event of the bankruptcy or insolvency of the Company associated with the subscription.
8.7 In the event of a material breach of these terms, Simplymarketing may terminate Subscriptions with immediate effect and also close the User’s Simplymarketing account.

Changes

9.1 Simplymarketing is entitled to continuously update and improve the Application. Simplymarketing is also entitled to change the composition and structure of the Application and services. Such updates, improvements, and changes may occur with or without notice and may affect services, including information and data uploaded to or provided by the Application.
9.2 The User is required to keep their contact information up-to-date in order to receive necessary information about changes, etc.

Intellectual Property Rights

10.1 The Application and information provided by the Application, except Application Data, are protected by copyright and other intellectual property rights and belong to or are licensed to Simplymarketing. Individually created programs also belong to Simplymarketing, unless otherwise agreed in writing. The User must notify Simplymarketing of any current or potential infringement of Simplymarketing’s intellectual property rights or unauthorized use of the Application that the User becomes aware of.

10.2 No intellectual property rights to the Application or other materials on the website or Application are transferred to the User.
10.3 Regarding material uploaded by the User and all Application Data, the User grants Simplymarketing and its suppliers a permission and global license sufficient for Simplymarketing to properly operate and run the Application and fulfill its obligations. The User warrants that the material uploaded does not infringe third-party rights and does not contain material that may be offensive or in violation of relevant laws or regulations.

Assignment
11.1 Simplymarketing reserves the right to freely assign our rights and obligations to the User to an affiliated company or third party.

Liability

12.1 Simplymarketing disclaims all liability in relation to these terms, services, or the use of the Service, whether arising in contract or out of contract, including consequential damages or other indirect losses, as well as losses arising from simple negligence.

12.2 Simplymarketing is not responsible for third-party solutions available and/or integrated with the Application. Therefore, Simplymarketing cannot be held responsible for the accuracy, completeness, quality, and reliability of the information, nor for the results obtained through these third-party solutions. Similarly, Simplymarketing cannot be held responsible for the availability, security, or functionality of third-party solutions, including possible damages and/or losses caused by third-party solutions. It is the User’s responsibility to prove that any losses suffered cannot be attributed to third-party solutions.

12.3 Regardless of the type of loss or liability, Simplymarketing’s total liability is limited to the User’s payment for the 12 months preceding the occurrence of the liability, but in any case, a maximum of EUR 1,000. The User agrees to indemnify Simplymarketing against any claims or losses arising from product liability, third-party losses, or liability to third parties resulting from the User’s use of the Application.

12.4 The User agrees to indemnify Simplymarketing for any claims or losses arising from product liability, third-party losses, or liability to third parties, to the extent resulting from the User’s use of the Application.

12.5 Simplymarketing is not responsible for outages or temporary interruptions in the Application, power supply failures, or internet connections, vandalism to the system (both physical and computer viruses and hacking), or other circumstances and conditions beyond Simplymarketing’s control.
12.6 Use of the Application, including features like automatic scanning of receipts, suggested account coding, assistance from Simplymarketing support, and other communication with Simplymarketing, should be seen as advisory only. Simplymarketing cannot be held liable for this.
12.7 Information on our website, in our Application, or in our add-on products/services should not be considered as legal, tax, accounting, or any other form of advice or service.

Confidentiality and Data Security

13.1 Regarding the processing of Personal Data where the Company is the Data Controller, reference is made to the provisions of the Data Processing Agreement between Simplymarketing and the Company. Regarding Simplymarketing’s processing of Personal Data in the role of Data Controller, reference is made to the privacy policy.

13.2 Simplymarketing is bound by confidentiality regarding all information that Simplymarketing may come into possession of about the User.
13.3 To the extent that the User uses information, usernames, or passwords related to third-party information or services in relation to Simplymarketing, the User warrants that the disclosure of such information and Simplymarketing’s processing of such information do not violate third-party rights or agreements. The User shall indemnify Simplymarketing for any loss in connection with this provision.

Changes to the Terms

14.1 Simplymarketing can change and update these terms and information about rights at any time. The current terms will always be available on our websites. The use of the Application and/or our websites after a change in these terms is considered as your acceptance of the amended terms.

Disputes

15.1 In the event of a disagreement between the User and Simplymarketing, the dispute shall be resolved under Danish law with the District Court of Kolding, Denmark as the first instance.

Validity

These terms are valid from January 11, 2024, and replace all previous versions.