Terms and Conditions for use of GenieBelt, date: 1 April 2016
These terms and conditions for the use of GenieBelt (“the User Terms”) offered by GenieBelt ApS, address Vesterbrogade 2B, 1620 København K, company registration number 35 23 11 29, regulates the account holder’s use of GenieBelt software application (“GenieBelt”) and GenieBelt ApS website at www.geniebelt.com (“the Website”) and any other related software and services provided by GenieBelt ApS to the account holder.
By accepting the User Terms the account holder, including the account holder’s employees agree to adhere to the User Terms and the obligations and rights herein.
Accept of the User Terms
In order for the account holder to use GenieBelt, the account holder must first agree to the User Terms. Please review the User Terms as well as any other information notified to the account holder by GenieBelt ApS carefully before using GenieBelt.
The account holder can accept the User Terms by:
clicking to accept or agree to the User Terms, where this option is made available to the account holder by GenieBelt ApS in the user interface provided to the account holder; or
by actually using GenieBelt. In this case, the account holder understands and agrees that GenieBelt ApS will treat account holder use of GenieBelt as acceptance of the User Terms from that point onwards.
Subscription and Payment
You can use GenieBelt basic for free forever on one project. Only by having a GenieBelt account can you be invited into an existing project or start a new one. We are out to make the best project management and collaboration platform for construction. An important part of this is also to make it affordable whatever size projects you have. Project prices start with the free for the first project, unlimited time, trial plan which has enough features to fully run a building project from start to finish. For paid projects GenieBelt has a simple, affordable and flexible pricing structure to suit your needs. All basic and standard paid plans are priced per month. You can upgrade, downgrade or cancel them at anytime or pass the cost onto your customers. If you want to run multiple GenieBelt projects across your company contact us and we will work with you to get you started at the right price. To see our current prices plans visit the pricing page or contact us at firstname.lastname@example.org.
The account holder agrees that the account holder is solely responsible for any and all content that the account holder creates, uploads, transmits or displays while using GenieBelt (the User Content) and for the consequences of the account holder actions (including any loss or damage which GenieBelt ApS or any third party may suffer) by doing so. GenieBelt ApS have no responsibility to the account holder or to any third party for such action or losses.
By submitting, posting or displaying the User Content the account holder gives GenieBelt ApS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use any User Content for the purposes of the account holders use of GenieBelt.
By uploading any User Content to GenieBelt the account holder warrants and represents that:
The account holder has the lawful right to upload, reproduce and distribute such User Content and power and authority necessary to grant the license.
Any User Content the account holder uploads, posts or otherwise transmits or displays while using GenieBelt will not:
be misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable;
constitute unauthorised disclosure of personal or confidential information;
violate the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property) or otherwise create liability or violate any local, state, national or international law;
contain viruses, trojan horses, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; or
constitute or encourage a criminal offence.
The account holder shall indemnify GenieBelt ApS, without limitation and upon demand, against any cost, damages or expenses (including reasonable legal expenses) that may be incurred by GenieBelt ApS, either
as a result of any breach by the account holder of the warranties detailed above, and/or
in respect of any claim or action against GenieBelt ApS, or any 3rd party that the use of any User Content infringes intellectual property rights or is otherwise unlawful or objectionable.
The account holder acknowledges as reasonable and agrees that GenieBelt ApS may, on occasion, use User Content for analytical purposes or in order to improve GenieBelt.
The account holder acknowledges as reasonable and agrees that GenieBelt ApS does not delete any projects but archives them automatically for the user.
The account holder acknowledges that GenieBelt Aps will send the account holder mobile notifications and emails for any actions created as a result of using GenieBelt.
Password and Security
The account holder must keep account holder’s password confidential and must not disclose it or share it with anyone.
The account holder will be responsible for all activities and orders that occur or are submitted under the account holder’s password.
If the account holder knows or suspects that someone else knows and will be able to abuse the account holder’s password the account holder agrees to notify GenieBelt ApS immediately by contacting GenieBelt ApS immediately.
If GenieBelt ApS has reason to believe that there is likely to be a breach of security or misuse of GenieBelt, GenieBelt ApS may require the account holder to change the account holder’s password or GenieBelt ApS may suspend the account holder’s account.
Further, the account holder is responsible for anything that happens through the account holder’s account until the account holder closes down the account or prove that account holder’s account security was compromised without fault on part of the account holder.
All intellectual property rights subsisting in or used in connection with GenieBelt (including, but not limited to any data) are and shall remain the sole property of GenieBelt ApS and GenieBelt ApS’s licensors. All present and future rights in and title to GenieBelt, including the right to grant access to it over any present or future technology, are solely and exclusively reserved to GenieBelt ApS.
By accepting and adhering to the User Terms and the obligations herein GenieBelt ApS grant the account holder a non-exclusive, non-assignable, non-transferable non-sublicensable licence for the duration of the agreement created by these User Terms to use GenieBelt solely and strictly for the account holder’s own use/employees use. The account holder shall not assign, transfer or sub-license any of account holder’s rights or obligations under the User Terms.
The account holder agrees not to access (or attempt to access), nor allow any third party to use any part of GenieBelt by any means other than through the interface that is provided by GenieBelt ApS. The account holder specifically agree not to access (or attempt to access) nor allow any third party to access any part of GenieBelt through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers, and not to disclose account holder password to any third party for the purposes of using any such technology
The account holder agrees that the account holder will not
take any action that imposes, or may impose (in each case in GenieBelt ApS sole discretion) an unreasonable or disproportionately large load on GenieBelt ApS’s infrastructure;
copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of GenieBelt without prior written consent from GenieBelt ApS and any third party determined by GenieBelt ApS as appropriate;
interfere or attempt to interfere with the proper working of GenieBelt or any activities conducted via GenieBelt;
bypass any measures GenieBelt ApS may use to prevent or restrict access to GenieBelt; and
attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in GenieBelt.
The account holder agrees that the account holder will not engage in any activity that interferes with or disrupts GenieBelt, or the servers and networks which are connected to GenieBelt.
The account holder agrees that the account holder shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within GenieBelt.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to GenieBelt ApS are non-confidential and shall become the sole property of GenieBelt ApS.
GenieBelt ApS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GenieBelt ApS does not intend to become a storage facility for the internet. Therefore GenieBelt ApS maintains a fair usage policy for users.
If GenieBelt ApS believe that a user is exceeding this fair usage policy then Geniebelt ApS can terminate the account.
Law and jurisdiction
The User Terms shall be construed in accordance with Danish law and the parties hereby submit to the exclusive jurisdiction of Copenhagen City Court to settle any disputes which may arise in connection with the User Terms.
GenieBelt ApS may at any time, terminate the agreement with the account holder and remove access to GenieBelt from the account holder if:
The account holder has materially breached any provision of the User Terms (or have acted in manner which clearly shows that the account holder does not intend to, or is unable to comply with the provisions of the User Terms) and, where such breach is capable of remedy, GenieBelt ApS determine that the account holder has not so remedied within fourteen days of notification; or
GenieBelt ApS are required to do so by law (for example, where the provision of GenieBelt to the account holder is, or becomes, unlawful); or
if either party becomes insolvent; or enters into any kind of composition, scheme of arrangement, compromise or arrangement involving that party and its respective creditors generally (or any class of them) save for the purposes of a bona fide company reorganisation; or is unable to pay its debts; or is the subject of an order for the seizure of the assets or a substantial part thereof of that party made by any court having jurisdiction.
When the User Terms are terminated:
the licence granted in the User Terms terminates;
all of the legal rights, obligations and liabilities that the account holder and GenieBelt ApS have benefited from, been subject to (or which have accrued over time whilst the User Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall survive termination of these User Terms; and
the account holder will lose access to GenieBelt and stored User Content.
GenieBelt ApS reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as it may deem reasonable or necessary in the pursuit of GenieBelt ApS’s business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of account holder relationship with GenieBelt ApS.
Termination of this agreement and the User Terms may be made after receiving 360 days notice by writing. For avoidance of doubt, only GenieBelt ApS or the party paying for GenieBelt may terminate account holder’s access to GenieBelt. Termination of account holder’s GenieBelt account includes disabling account holder’s access to GenieBelt and may also bar the account holder from any future use of GenieBelt.
Technical Support, complaints and possible downtime/bugs etc.
GenieBelt ApS will offer Technical support to all account holders to a necessary degree.
In the scenario where GenieBelt ApS are unable to replicate an incident and there has been no reoccurrence of the incident for a period of one month from the reported occurrence, the incident will be deemed ‘No Fault Found’ and GenieBelt ApS will take no further action.
A complaint from an account holder needs to be raised in writing or email (email@example.com) to GenieBelt ApS’s account manager within 14 days. GenieBelt ApS will complete investigation of the issues raised. Where this requires access to saved or archived data, transcription files or other digital data, the account holder hereby authorises GenieBelt ApS to have unlimited access to this information to allow the complaint investigation to be completed.
GenieBelt ApS will use its reasonable endeavours to complete the investigation within 7 business days of the complaint being raised. Should the dispute be upheld, GenieBelt ApS and the account holder will work together to decide on the best course of redress (including, but not limited to regeneration of the report, report credits).
The total value of this redress is limited to the invoiced cost of the service rendered no matter on what basis the claim is made. GenieBelt ApS will not be liable for any losses or claims arising from delay or quality of reports generated by GenieBelt ApS.
In the event a subscription is made by an account holder and GenieBelt is not available, due to technical reasons relating to GenieBelt ApS, for a total time period of 120hours in a 30 day time period, and this is acknowledges by GenieBelt ApS, GenieBelt ApS will compensate the account holder a proportionate amount of the monthly subscription amount.
GenieBelt ApS is not liable for additional claims or compensation due to lack of operation of GenieBelt than stated in the User Terms. GenieBelt ApS do not warrant or represent that the operation of GenieBelt will be uninterrupted, timely or error free for any account holders regardless of subscription.
Exclusions and limitations
Nothing in these User Terms, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by GenieBelt ApS’s negligence.
The account holder acknowledges and agrees that GenieBelt ApS have no liability to the account holder for any misuse or loss of User Content by third parties. In particular, the account holder acknowledges and agrees that no refund or compensation will be due to the account holder from GenieBelt ApS, and the account holder further acknowledges and agrees that since GenieBelt ApS have no control over the content and/or quality of the User Content this limitation of GenieBelt ApS’s liability to the account holder is reasonable.
There are no conditions, warranties, representations or other terms, express or implied, that are binding on GenieBelt ApS except as specifically stated in these User Terms (including statutory warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of GenieBelt which might otherwise be implied into or incorporated in these User Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
The account holder expressly understands and so agrees that account holder’s use of GenieBelt is at account holders sole risk and that GenieBelt is provided on an “as is” basis.
In particular, GenieBelt ApS, GenieBelt ApS subsidiaries and affiliates, and GenieBelt ApS licensors, do not represent or warrant to the account holder that:
The account holder’s use of GenieBelt (including its use in conjunction with any other software or through the Website) will meet account holder’s requirements, that account holder’s use of GenieBelt will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of GenieBelt provided to the account holder will be corrected; and
any information obtained by the account holder as a result of account holder’s use of GenieBelt will be accurate or reliable; and
that any User Content will be accessible at any particular time; and
that defects in the operation or functionality of GenieBelt will be corrected, rectified, or remedied.
Any material (including User Content) downloaded or otherwise obtained or accessed through the use of GenieBelt is done at account holder’s own discretion and risk, and that the account holder will be solely responsible for any damage, loss, or prejudice to account holder’s computer system or other device or loss of data that results from the download or access of any such material.
In order for the account holder to make full use of GenieBelt it may be necessary for the account holder to use particular computer equipment or to download or install certain pieces of software.
If the account holder are unable to access all or part of GenieBelt because the account holder do not have access to any necessary software or equipment, this shall not constitute a breach of these User Terms by GenieBelt ApS and GenieBelt ApS shall not be liable for any loss, damage or expense which may result from account holder inability to access GenieBelt.
No advice or information, whether oral or written, obtained by the account holder from GenieBelt ApS or any of GenieBelt ApS’s subsidiaries, affiliates, officials, employees, or personnel, or through or from GenieBelt shall create any warranty not expressly stated in these User Terms.
GenieBelt ApS shall not be under any liability whatsoever in respect of any inaccuracies or omissions in GenieBelt. All such liability is excluded by us to the fullest extent permitted by law.
The account holder expressly understands and agrees that GenieBelt ApS and GenieBelt ApS’s licensors shall not be liable to the account holder for:
any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of GenieBelt and/or its use or non-availability;
loss of profit, business revenue, goodwill and anticipated savings;
any trading or other losses which the account holder may incur as a result of use of or reliance upon any content;
the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through account holder use of GenieBelt;
any effect which use of GenieBelt may have on any software the account holder uses;
for late delivery should the internet fail locally, or at any geographical location where the transcriptionist is located, if no fault of their own.
Subject to the clauses above, the aggregate liability of GenieBelt ApS in respect of any loss or damage suffered by the account holder and arising out of or in connection with the use of GenieBelt by the account holder and/or any third party shall not exceed the amount of the total fees actually paid by the account holder to GenieBelt ApS (excluding any deposits and VAT) in the twelve months preceding the date of the account holder’s claim.
The account holder agrees and acknowledges that the account holder is in a better position than GenieBelt ApS to foresee and evaluate any potential damage or loss which the account holder may suffer in connection with the use of GenieBelt; that GenieBelt ApS cannot adequately insure its potential liability to the account holder; and that accordingly the exclusions and limitations contained in this clause are reasonable.
The account holder also undertakes at all times to mitigate any such damage or loss.
GenieBelt is not a back-up service and only provides limited back-up and will not be liable for any loss of data or error.
Account holder is responsible for backing up their data regularly to prevent any loss of information.
Failure or neglect by GenieBelt ApS to enforce any of the provisions of the User Terms at any time shall not be construed or deemed to be a waiver of GenieBelt ApS rights nor shall this in any way affect the validity of the whole or any part of GenieBelt ApS User Terms, nor prejudice GenieBelt ApS rights to take subsequent action.
If any part of any provision of these User Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of the User Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
The User Terms represent the entire agreement of the account holder and GenieBelt ApS in relation to the subject matter of these User Terms and supersedes any previous agreement between the account holder and us in relation to GenieBelt.