Terms of Service

1. Application

These Terms of Service apply to the Customer's use of Better's centralized server-based software services. Modifications only apply if Better accepts them in writing.

2. The Services

Better provides server-based software with sub-services and options. Better delivers the software services ("Services") and may provide additional services ("Additional Services") subject to separate agreements.

Payment entitles customers to service usage during the agreement period. Better may modify the Services without prior consent, provided such changes do not materially limit the Customer's usage.

Services are provided without guarantee of accuracy or outcome, with customers assuming all risk. Customers warrant their IT systems meet minimum specifications for service use.

3. Availability

Services are intended to be available 24/7 with a minimum of 99.0% uptime, excluding service windows. Refunds apply only when downtime exceeds three consecutive Danish business days.

Maintenance occurs during 22:00-07:00 weekdays (until 08:00 Mondays), with 24-hour advance notice when possible. Emergencies may require unscheduled maintenance.

4. Stored Data

Daily backups are performed. Backups older than 1 day are not archived. Customer-error restores may incur charges. Statistical data persists during the agreement; logs remain for 30 days. Uploaded assets are retained up to 2 years after last access or contract termination.

5. User Accounts

An admin account goes to the customer, who can create individual user accounts. The Customer must protect user credentials and notify Better of any suspected compromise.

6. Use of the Services

Usage is limited to intended purposes as Better configures. Usage guidelines are provided via the platform's "Learn" tab and may be updated. Unauthorized use constitutes material breach, enabling service suspension or termination.

7. Compliance with Legislation

Customer must comply with applicable laws, especially marketing and advertising laws. Better provides advice without warranty; customers bear responsibility for legal compliance. Customers must obtain necessary consents for service usage.

8. Data Processing Agreement

Better acts as a data processor under relevant data protection legislation. A separate data processing agreement applies to large or sensitive data processing; otherwise these terms govern. Both parties comply with applicable data protection laws.

Better processes personal data for secure service delivery based on contractual obligations and customer instructions. Both implement technical and organizational protection measures. Better will assist Customer with compliance and audits under GDPR Article 28.

Data is stored within the EU. Customers can request personal data export within 7 working days. If no instruction is received within 3 months post-termination, data will be deleted.

9. Grant of License

Customer receives a non-exclusive, non-transferable license to use the Services and client software. The license grants limited usage rights, not ownership. Better may disable services for non-compliance or non-payment.

10. Other Restrictions

Customer may not assign, rent, sell, or reverse-engineer the software without written consent. Limited decompilation is permitted only after written request and appropriate delay.

11. Term and Termination

Agreement begins upon acceptance and auto-renews annually unless notice is given 60 days before renewal. Either party may terminate with 60 days' notice before term end. Upon termination, customers must cease use and certify discontinuation. Better may suspend or terminate for breach, non-payment, or misuse.

12. Limited Warranty

Customer acknowledges the Services may not meet all needs. No warranties cover error-free performance. Customers assume risk of service disablement.

13. Customer Remedies

Remedy for material defects is limited to replacement or partial refund, at Better's discretion.

14. No Warranties

All implied warranties are disclaimed, including fitness for particular purpose.

15. Limitation of Liability

Better bears no liability for indirect or consequential damages. Liability is capped at six months of service fees.

16. Third Party Rights

Better defends customers against IP infringement claims for its own services, contingent on timely notification and cooperation. No liability applies to third-party software or combinations. If infringement occurs, Better may obtain rights, replace the service, or issue refunds as appropriate.

17. Assignment

Better may use subcontractors. Customer may not assign this Agreement without consent.

18. Governing Law and Dispute Resolution

Danish law governs this agreement. Disputes shall be settled by the City Court of Copenhagen or the Maritime and Commercial Court. Better may pursue legal action in the agreed venue for breaches or unpaid fees.

Contact

If you have questions about our terms of service, please contact us at hello@better.email