Terms of Service

1. Application

These Terms of Service apply to the Customer's use of Better's centralised 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 the Customer to use the Services during the agreement period. Better may modify the Services without prior consent, provided such changes do not materially limit the Customer's usage.

The Services are provided without guarantee of accuracy or outcome, and the Customer bears the risk of their use. The Customer warrants that its IT systems meet the minimum specifications for the Services.

3. Availability

The Services are intended to be available around the clock. Better commits to a monthly uptime of 99.9%, measured per calendar month and excluding announced maintenance windows. Support hours, response times by severity and how uptime is measured are set out in the Enterprise Service Level Agreement. Current and historical availability is published at status.better.email.

Maintenance windows are 22:00 to 07:00 CET on weekdays (until 08:00 on Mondays), with 24 hours' advance notice when possible. Emergencies may require unscheduled maintenance.

4. Stored data

Better takes daily backups and does not archive backups older than 1 day. Restores needed because of a Customer error may be charged. Statistical data is kept for the term of the agreement and logs for 30 days. Uploaded assets are kept for up to 2 years after last access or the end of the contract.

5. User accounts

The Customer receives an admin account and creates its own user accounts. The Customer must protect user credentials and notify Better of any suspected compromise.

6. Use of the Services

The Services may be used only for their intended purpose as configured by Better. Usage guidelines are available in the platform's "Learn" tab and may be updated. Unauthorised use is a material breach and may lead to suspension or termination.

7. Compliance with legislation

The Customer must comply with applicable law, including marketing and advertising law. Any advice Better gives is without warranty, and the Customer remains responsible for its own compliance. The Customer must obtain the consents needed for its use of the Services.

8. Data Processing Agreement

Better acts as a data processor under relevant data protection legislation. Our standalone Data Processing Agreement applies to all customers as part of these terms and prevails over this section where the two overlap. Both parties comply with applicable data protection laws.

Better processes personal data to deliver the Services, on the basis of the agreement and the Customer's instructions. Both parties implement appropriate technical and organisational measures. Better assists the Customer with its compliance obligations and audits under GDPR Article 28.

Customer data is stored primarily within the EU/EEA. Sub-processors outside the EU/EEA process data under the Standard Contractual Clauses (SCCs) and, where applicable, the UK International Data Transfer Addendum. The current sub-processors and their processing locations are listed on our Sub-Processors page. The Customer can request an export of personal data, delivered within 7 working days. Data is deleted 3 months after termination unless the Customer instructs otherwise.

9. Grant of licence

The Customer receives a non-exclusive, non-transferable licence to use the Services and client software. The licence grants a right of use only and transfers no ownership. Better may disable the Services for non-compliance or non-payment.

10. Other restrictions

The Customer may not assign, rent, sell or reverse-engineer the software without written consent. Limited decompilation is permitted only after a written request and a reasonable waiting period.

11. Term and termination

The agreement begins on acceptance and renews annually unless either party gives notice at least 60 days before the end of the term. On termination the Customer must stop using the Services and confirm that it has done so. Better may suspend or terminate for breach, non-payment or misuse.

12. Limited warranty

The Customer acknowledges that the Services may not meet all of its needs. Better does not warrant error-free operation. The Customer bears the risk of the Services being disabled under these terms.

13. Customer remedies

The remedy for a material defect is limited to replacement or a partial refund, at Better's discretion.

14. No warranties

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

15. Limitation of liability

Better is not liable for indirect or consequential loss. Liability is capped at six months of service fees.

16. Third party rights

Better defends the Customer against claims that its own Services infringe intellectual property rights, provided the Customer notifies Better promptly and cooperates. Better is not liable for third-party software or for combinations with it. If an infringement is found, Better may obtain the necessary rights, replace the Services or refund fees.

17. Assignment

Better may use subcontractors. The Customer may not assign this agreement without consent.

18. Governing law and dispute resolution

Danish law governs this agreement. Disputes are settled by the City Court of Copenhagen or the Maritime and Commercial Court. Better may bring proceedings in that venue for breach or unpaid fees.

Contact

Questions about these terms: [email protected]. Better Email ApS, CVR 42361194, Italiensvej 2, 5th, 2300 København S, Denmark, +45 42 48 38 28.