Last Updated: 27th of January 2025
Parties
This Agreement is made between:
DealDeck ApS
Registration Number: DK45314340
Rævegade 2, 2. 1315 Copenhagen K, Denmark
(hereinafter “DealDeck” or the “Provider”)
and
The Customer (hereinafter “Customer”)
Collectively referred to as the “Parties” and individually as a “Party.”
1. Scope and Application
1.1 Service Description: DealDeck provides a digital sales room software (hereinafter referred to as the “Application”) that allows customer-facing employees to create micro websites (“DealDecks”) for sharing information such as videos, FAQs, calendars, images, and timelines. The Application includes analytics to track buyer engagement with DealDecks.
1.2 Usage Rights: This Agreement governs the terms under which DealDeck grants the Customer a license to use the Application. Any deviations from these terms must be agreed upon in writing.
2. Term, Renewal, and Termination
2.1 Agreement Commencement: This Agreement becomes effective when the Customer accepts DealDeck’s order confirmation (the “Effective Date”).
2.2 Subscription Terms:
12-Month Subscriptions: Automatically renew for successive 12-month periods unless terminated with at least 3 months’ written notice before the end of the current term.
Monthly Subscriptions: Automatically renew on a month-to-month basis unless terminated with at least 1 month’s written notice.
2.3 Termination by Customer: Upon termination, the Customer’s access to the Application ceases at the end of the subscription period. Customers may export their data before access ends. DealDeck can assist with data extraction for a fee.
2.4 Termination for Cause: Either Party may terminate this Agreement immediately if the other Party materially breaches its obligations and fails to remedy the breach within 10 business days of written notice.
2.5 Data Deletion: DealDeck will delete all Customer Data, including personal data, within 90 days of termination, in accordance with the Data Processing Agreement.
3. Pricing and Payment Terms
3.1 Subscription Fees: The subscription fee for the initial term is outlined in the order confirmation. Fees for subsequent terms are based on DealDeck’s prevailing price list unless otherwise agreed in writing. Subscriptions are billed in advance.
3.2 Annual Adjustments: DealDeck may adjust subscription fees annually, with adjustments not exceeding 10% per year, based on market conditions and inflation indexes. Price changes will apply to the next subscription period.
3.3 Feature-Based Pricing: New features, such as integrations, are subject to optional pricing. Customers must opt-in to these features in writing. Once a feature is opted into, the associated cost will be included in the monthly subscription fee. Customers will also be charged pro-rata for the remainder of the current subscription period, and this cost cannot be reversed.
3.4 Additional Seats: Additional licenses purchased mid-term will be billed pro-rata for the remaining period. Reductions in licenses take effect at the end of the subscription period, with notice required per termination terms.
3.5 Payment Terms: Invoices are due within 14 days of the invoice date. Late payments incur interest of 2.5% per month or the maximum permitted by law.
3.6 Professional Services: Any professional services provided by DealDeck, such as onboarding or training, require a separate written agreement and are billed individually.
4. Availability and Support
4.1 Service Availability: DealDeck ensures the Application is operational from 8:00 AM to 10:00 PM CET on weekdays and from 9:00 AM to 8:00 PM CET on weekends, with Customer access available 24/7. Downtime caused by factors outside DealDeck’s control is excluded from liability.
4.2 Incident Recovery: In the event of a system outage, DealDeck will restore services within 48 hours during business hours (Monday to Friday).
4.3 Support: Support requests should be sent to info@dealdeck.ai. DealDeck will respond within 3 business days. For unavoidable delays, the Customer will be informed.
4.4 Maintenance and Updates: Software updates requiring downtime will be scheduled between 7:00 AM and 8:00 PM CET and notified in advance.
5. Liability and Limitations
5.1 Liability Cap: DealDeck’s total liability under this Agreement is limited to the total subscription fees paid by the Customer in the preceding 12 months.
5.2 Exclusions: DealDeck is not liable for indirect or consequential damages, including lost profits, goodwill, or business interruption.
6. Customer Obligations
6.1 Data Accuracy: The Customer is responsible for ensuring the accuracy and legality of data uploaded to the Application.
6.2 Appropriate Use: The Customer agrees not to use the Application for illegal purposes or in a manner that violates the rights of others.
6.3 Security Responsibilities: The Customer must maintain the confidentiality of login credentials and notify DealDeck immediately of any unauthorized access.
7. Intellectual Property
7.1 Ownership: The Application and all related intellectual property rights remain the exclusive property of DealDeck. The Customer is granted a non-exclusive, non-transferable license to use the Application for their internal business purposes during the subscription term.
7.2 Restrictions: Customers may not reverse engineer, resell, or misuse the Application in violation of this Agreement.
8. Confidentiality
8.1 Obligation: Both Parties agree to keep all confidential information disclosed by the other Party confidential and not use or disclose it except as necessary to perform under this Agreement.
8.2 Exceptions: Confidentiality obligations do not apply to information that is public knowledge or disclosed under legal requirements.
9. Force Majeure
9.1 Neither Party is liable for delays or failures caused by circumstances beyond their control, including natural disasters, pandemics, strikes, or government actions. Affected Parties must notify the other Party promptly.
10. Governing Law and Disputes
10.1 This Agreement is governed by Danish law. Any disputes shall be settled by negotiation, and if unresolved, brought before the Copenhagen City Court as the first instance.
