Handelsbetingelser

Sprog

Dokumentet er kun tilgængeligt på engelsk. Nodavios juridiske dokumenter foreligger i en engelsk udgave, som er den gældende. En dansk oversættelse er under udarbejdelse. Spørgsmål kan sendes til legal@nodavio.dk.

Handelsbetingelser

These Terms of Service govern access to and use of Nodavio.

By subscribing to Nodavio, accepting an order, creating an organisation or otherwise using Nodavio as a customer, you agree to these Terms of Service.

If you are accepting these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation.

1. About Nodavio

Nodavio is a hosted IT asset management service that helps organisations manage information about computers and other IT equipment, including inventory, assignments, maintenance, repair history, checklists, reports and related information.

Nodavio is currently operated by the founder as a sole proprietor under the name Nodavio.

Nodavio
Kaj Munks Vej 11
7400 Herning
Denmark

Email: legal@nodavio.dk

2. Eligibility and customer responsibility

Nodavio is primarily intended for organisations and professional users.

The customer is responsible for ensuring that its use of Nodavio complies with applicable law and with the customer's own obligations towards employees, contractors, customers and other individuals whose information is entered into the service.

The customer is responsible for:

1. determining which individuals should have access to its organisation;
2. ensuring that users are authorised to access the organisation;
3. maintaining the accuracy of information entered into Nodavio;
4. protecting user credentials;
5. removing or disabling access when a person should no longer have access;
6. using Nodavio only for lawful purposes; and
7. ensuring that personal data is processed lawfully.

The customer must not share individual user accounts between multiple people where doing so would undermine account security or auditability.

3. User accounts

Each user must use their own account.

The customer is responsible for all activity performed through accounts belonging to its organisation, except to the extent that such activity results directly from Nodavio's unauthorised access or a security failure attributable to Nodavio.

Customers must promptly notify Nodavio if they become aware of unauthorised access or a suspected compromise of an account.

Nodavio may require additional authentication or security measures where reasonably necessary to protect the service.

4. Subscription

A Nodavio subscription provides the customer with access to the Nodavio service during the subscription period.

Unless otherwise agreed in writing, subscriptions are billed monthly and continue until cancelled.

There is no free trial or free subscription unless Nodavio expressly offers one.

5. Pricing and billing

The standard subscription price is:

DKK 300 per month excluding VAT, covering the first 15 registered computers.

Each computer above the first 15 is charged at:

DKK 20 per computer per month excluding VAT.

For billing purposes, the number of computers is the customer's average number of registered computers across the billing period, not the number present on any single day and not the highest number reached.

Nodavio records the number of registered computers in the customer's organisation on a regular schedule and averages those readings across the period. A computer added part way through a period therefore contributes only for the part of the period during which it was registered, and a computer removed part way through stops contributing from that point.

Computers marked as retired are not counted.

Example:

If an organisation has 14 computers at the beginning of a month and adds computers steadily during the month, reaching 25 by the end, the average across that month is approximately 20 computers.

The subscription charge would therefore be:

DKK 300 for the first 15 computers, plus DKK 100 for the remaining 5 computers.

Total: DKK 400 excluding VAT.

Nodavio may change its prices for future billing periods by giving reasonable prior notice.

6. Payment

Subscriptions are paid by card. Payment is processed by Stripe, and the card on file is charged automatically at the start of each billing period.

Nodavio does not store card details. These are held by Stripe as payment processor.

If a payment fails, Stripe retries the payment according to its configured retry schedule. If payment remains outstanding after those attempts, Nodavio may restrict or suspend access to the service, unless applicable law requires otherwise.

Nodavio may charge statutory interest and reasonable collection costs to the extent permitted by Danish law.

7. Cancellation

The customer may cancel its subscription at any time from the Billing section of Settings inside Nodavio.

Cancellation takes effect at the end of the current paid subscription period unless otherwise agreed.

No refunds are provided for unused portions of a paid monthly subscription unless required by applicable law or otherwise agreed in writing.

Nodavio may terminate or suspend a subscription where the customer materially breaches these Terms, fails to pay amounts due, or uses the service in a manner that creates a material security, legal or operational risk.

Where reasonably possible, Nodavio will provide the customer with an opportunity to remedy a material breach before termination.

8. Customer data

The customer retains its rights to information and data submitted to Nodavio by or on behalf of the customer.

The customer grants Nodavio the limited rights necessary to host, store, transmit, process, back up and otherwise handle customer data solely to provide, secure and maintain the service.

Nodavio will not sell customer data or use customer data for unrelated advertising purposes.

Where customer data contains personal data processed on behalf of the customer, the parties' respective obligations are governed by the Data Processing Agreement.

9. Personal data

The customer is generally the data controller for personal data entered into Nodavio by the customer or its users.

Nodavio generally acts as data processor for that information.

The parties shall comply with the Data Processing Agreement applicable to the service.

The customer is responsible for ensuring that it has an appropriate legal basis for entering and processing personal data through Nodavio and that affected individuals receive any required information.

10. AutoDiscovery

Nodavio may provide an optional Windows agent that reports technical information from enrolled computers.

The customer is responsible for determining which devices may run the agent and for ensuring that its deployment complies with applicable law, internal policies and employment requirements.

The agent is intended to collect technical device information necessary for the relevant Nodavio functionality.

The customer must not deploy the agent on devices where it is not authorised to do so.

Nodavio may revoke an agent's access to the service where reasonably necessary for security or operational reasons.

11. Acceptable use

The customer and its users must not:

1. use Nodavio for unlawful purposes;
2. attempt to gain unauthorised access to another organisation's data or account;
3. interfere with or disrupt the service;
4. circumvent security or authentication mechanisms;
5. introduce malicious code or other harmful material;
6. probe, scan or test Nodavio for vulnerabilities without prior written authorisation;
7. use the service to attack or interfere with third party systems;
8. use automated methods to access the service except where expressly supported by Nodavio;
9. attempt to reverse engineer or circumvent technical restrictions, except where such restriction cannot lawfully be imposed; or
10. use Nodavio in a manner that creates an unreasonable security, legal or operational risk.

Nothing in these Terms restricts rights that cannot lawfully be restricted.

12. Service availability

Nodavio is provided as a hosted service.

Nodavio will use reasonable efforts to keep the service available, but does not guarantee uninterrupted or error free operation.

The service may occasionally be unavailable due to maintenance, updates, technical failures, security incidents, infrastructure failures or circumstances outside Nodavio's reasonable control.

Nodavio will seek to restore service within a reasonable time when an outage occurs.

No service level agreement or guaranteed uptime commitment applies unless separately agreed in writing.

13. Changes to the service

Nodavio is under active development and may modify, improve, replace or discontinue features.

Nodavio will not intentionally remove the core functionality of the service in a manner that materially defeats the purpose of a paid subscription without reasonable notice.

Technical, security and maintenance changes may be introduced without prior notice where necessary.

14. Data export and deletion

The customer may export its data at any time during the subscription using the export functionality provided in Nodavio.

Customers should export any data they wish to keep before cancelling. Access to the application ends when the subscription ends, and the export functionality is not available after that point.

Following the customer's final paid subscription period, Nodavio retains the customer's data for 14 days. During that period the customer may request a copy of its data by writing to support@nodavio.dk.

After that period, Nodavio may proceed with deletion of the customer's account data.

Deleted records within an active customer account are soft deleted and remain recoverable through the service until they are permanently removed.

Soft deleted records are permanently deleted after 90 days, subject to technical backups and legal retention requirements.

Backups may retain deleted information for a limited period until the relevant backup is overwritten in accordance with Nodavio's backup procedures.

15. Intellectual property

Nodavio and its licensors retain all rights, title and interest in the Nodavio service, including its software, design, functionality, documentation, trademarks and underlying technology.

These Terms do not transfer ownership of the Nodavio service to the customer.

Subject to payment and compliance with these Terms, the customer receives a limited, non exclusive, non transferable right to use Nodavio during the subscription period for its internal business purposes.

The customer retains ownership of its own data.

16. Feedback

If the customer provides suggestions, ideas or other feedback concerning Nodavio, Nodavio may use that feedback without restriction or compensation, provided that doing so does not disclose the customer's confidential information.

17. Confidentiality

Each party may receive confidential information belonging to the other party.

The receiving party must use confidential information only for purposes related to the business relationship and must protect it using reasonable measures.

Confidential information does not include information that is publicly available without breach of an obligation, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party without confidentiality restrictions.

A party may disclose confidential information where required by law, provided that it gives notice where legally permitted.

18. Security

Nodavio maintains technical and organisational measures designed to protect the service and customer data.

These measures include, as applicable, encryption in transit, password hashing, two factor authentication, role based access controls, tenant isolation, rate limiting, access logging, action logging and backups.

The customer acknowledges that it is responsible for securing its own users, devices, credentials and systems used to access Nodavio.

19. Third party services

Nodavio may rely on third party infrastructure and service providers to operate the service.

Nodavio remains responsible for its contractual obligations concerning the service, while third party services may be subject to their own terms and availability.

Third party providers that process personal data on Nodavio's behalf are subject to appropriate contractual arrangements.

20. Suspension

Nodavio may temporarily suspend access where reasonably necessary to:

1. prevent or address a security incident;
2. prevent harm to the service or other customers;
3. comply with law;
4. address serious misuse;
5. investigate suspected unauthorised access; or
6. address materially overdue payment.

Nodavio will seek to limit any suspension to what is reasonably necessary.

21. Disclaimer

To the fullest extent permitted by law, Nodavio does not guarantee that the service will be uninterrupted, completely error free or suitable for every particular purpose.

Nodavio is an IT asset management tool. The customer remains responsible for its own IT decisions, asset management processes, backups, security policies and business continuity arrangements.

Nodavio should not be treated as the customer's sole record or backup of information where the customer requires independent retention.

22. Liability

Each party is responsible for direct losses caused by its breach of these Terms to the extent required by applicable law.

To the fullest extent permitted by law, Nodavio is not liable for indirect or consequential losses, including loss of profit, revenue, business opportunity, goodwill or anticipated savings.

To the fullest extent permitted by law, Nodavio's aggregate liability arising from or in connection with a customer's subscription is limited to the amount paid by the customer to Nodavio during the 12 months preceding the event giving rise to the claim.

The limitations above do not apply to liability that cannot lawfully be limited or excluded.

The customer is responsible for losses arising from its unlawful use of the service, unauthorised access caused by its failure to protect credentials, or data that it unlawfully submits to the service, subject always to applicable law.

23. Indemnification

The customer shall, to the extent permitted by applicable law, indemnify Nodavio against third party claims arising directly from the customer's unlawful use of Nodavio, unlawful processing of personal data, or violation of these Terms.

This does not apply to the extent that a claim results from Nodavio's own breach of its obligations.

24. Force majeure

Neither party is responsible for failure or delay caused by circumstances beyond its reasonable control, including widespread infrastructure failures, telecommunications failures, cyberattacks, natural disasters, war, governmental actions, strikes or similar events.

The affected party shall take reasonable steps to limit the consequences.

25. Changes to these Terms

Nodavio may update these Terms where reasonably necessary to reflect changes in the service, law, security requirements or business operations.

Material changes affecting an existing customer's rights or obligations will be communicated with reasonable notice.

If the customer does not accept a material change, it may cancel its subscription before the change takes effect.

Continued use after the effective date constitutes acceptance of the updated Terms.

26. Governing law and jurisdiction

These Terms are governed by the laws of Denmark, excluding its conflict of law rules.

Any dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the Danish courts.

27. Entire agreement

These Terms, together with any applicable order, subscription details and Data Processing Agreement, constitute the agreement between the parties concerning the Nodavio service.

If there is a conflict between the documents, the following order of precedence applies:

1. a separately signed commercial agreement;
2. the Data Processing Agreement, for matters concerning personal data processing;
3. these Terms of Service; and
4. other service documentation.

28. Contact

Questions concerning these Terms may be sent to:

Nodavio
Kaj Munks Vej 11
7400 Herning
Denmark

Email: legal@nodavio.dk