Better Email ApS Terms of Service
1.1 These Terms of Service apply to the Customer's use of Better's centralized server-based software services. Deviations apply only if accepted in writing by Better. Sections 2.3, 9, and 10 also apply to any Better client software unless a separate agreement governs such use.
2.1 Better offers server-based software services with sub-services and options.
2.2 Better delivers the software services ("Services") and may provide additional services ("Additional Services") subject to separate agreements.
2.3 Subject to payment, the Customer is entitled to use the Services while this Agreement is in force.
2.4 Better may modify the Services without prior consent, provided such changes do not materially limit the Customer's usage.
2.5 Services are provided "as is" with no guarantee of accuracy or outcome. Customer assumes all risk.
2.6 Customer warrants that its IT systems meet minimum specifications required to use the Services.
3.1 Services are intended to be available 24/7 with a minimum of 99.0% uptime, excluding service windows.
3.2 Refunds apply only if downtime exceeds three Danish business days consecutively.
3.3 No other claims or remedies are provided for downtime beyond the specified refund.
3.4 Maintenance is performed during 22:00-07:00 (Mondays until 08:00), with 24-hour prior notice where possible.
3.5 Emergencies may require unscheduled maintenance.
4.1 Daily backups are performed. Backups older than 1 day are not archived.
4.2 Restores due to Customer error may be charged.
4.3 Statistical data is kept during the agreement term; logs are kept for 30 days.
4.4 Uploaded assets are stored up to 2 years after last access or until contract termination.
5.1 An admin account is provided to the Customer.
5.2 The admin can create individual user accounts.
5.3 The Customer must protect user credentials and notify Better of any suspected compromise.
6.1 Use is limited to intended purposes as configured by Better.
6.2 Usage guidelines are provided via the platform's "Learn" tab and may be updated.
6.3 Unauthorized use is a material breach, allowing Better to suspend or terminate Services.
7.1 Customer must comply with applicable laws, especially marketing and advertising laws.
7.2 Better provides advice without warranty; Customer is responsible for legal compliance.
7.3 Customer must obtain necessary consents for usage of Services.
8.1 Better acts as a data processor under relevant data protection legislation.
8.1.1 A separate data processing agreement applies if large or sensitive data is processed. If not, these terms govern data processing.
8.2 Both parties must comply with applicable data protection laws.
8.3 Better processes personal data to ensure secure service delivery.
8.4 Processing is based on contractual obligations and Customer instructions.
8.5 Both parties must implement technical and organizational data protection measures.
8.6 Better will assist Customer with compliance and audits under GDPR Article 28.
8.7 Data is stored within the EU. Better ensures sub-processors are compliant.
8.8 Customer may request personal data export within 7 working days.
8.9 If no instruction is received within 3 months post-termination, data will be deleted.
9.1 Customer receives a non-exclusive, non-transferable license to use the Services and client software.
9.2 The license grants limited usage rights, not ownership.
9.3 Better may disable Services for non-compliance or non-payment.
10.1 Customer may not assign, rent, sell, or reverse-engineer the software without written consent. Limited decompilation is allowed only after written request and delay.
12.1 Agreement begins upon acceptance and auto-renews annually unless notice is given 60 days before renewal.
12.2 Either party may terminate with 60 days' notice before the end of a term.
12.3 Upon termination, Customer must cease use and certify discontinuation.
12.4 Better may suspend or terminate for breach, non-payment, or misuse.
13.1 Customer acknowledges the Services may not meet all needs.
13.2 No warranties are provided for error-free performance.
13.3 Customer assumes risk of service disablement.
14.1 Remedy for material defects is limited to replacement or partial refund, at Better's discretion.
15.1 All implied warranties are disclaimed, including fitness for purpose.
16.1 Better is not liable for indirect or consequential damages. Liability is capped at six months of service fees.
17.1 Better defends Customer against claims of IP infringement for its own services, subject to timely notification and cooperation.
17.2 No liability for third-party software or combinations.
17.3 If infringement is found, Better may obtain rights, replace, or refund as appropriate.
18.1 Better may use subcontractors. Customer may not assign this Agreement without consent.
19.1 Danish law governs this Agreement.
19.2 Disputes shall be settled by the City Court of Copenhagen or the Maritime and Commercial Court.
19.3 Better may pursue legal action in the agreed venue for breaches or unpaid dues.
