End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBSCRIBING TO OR OTHERWISE ACCESSING THE SERVICE VIA AZURE MARKETPLACE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS END USER AGREEMENT ("AGREEMENT"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY ("CUSTOMER"), YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IN SUCH CASE, "YOU" REFERS TO THIS ENTITY.
This End User Agreement (the "Agreement") is a legal agreement which governs your use of the MyPlatform Managed Azure Service (the "Service").
This Agreement operates in conjunction with, and is subject to, your Microsoft Customer Agreement (MCA) or Enterprise Agreement (EA) for the underlying Azure services which are independent from the Service. This Agreement governs the managed services provided by MyPlatform, distinguishing them from the core Azure infrastructure provided by Microsoft.
MyPlatform assumes no responsibility or liability for any unavailability, malfunction, or degraded performance of Azure services.

1.	Definitions 
Azure Marketplace: The online marketplace operated by Microsoft where the Service is available. 
Agreement: This agreement for the Service. 
Azure Environment: The Customer's Microsoft Azure subscription and the resources managed by the Service. 
Customer: The natural or legal person who subscribes to or accesses the Service via Azure Marketplace. 
Free Tier: A specific usage allowance of the Service, as defined by MyPlatform, which may be provided to the Customer without direct charge, subject to limitations. 
MyPlatform: The provider of the Service, a Danish limited liability company. 
Service: The managed Azure service provided by MyPlatform and described in the Azure Marketplace listing and any associated documentation. This may include but is not limited to: Automated deployment and configuration of Azure resources; Continuous monitoring and administration of the Azure Environment; Implementation of governance and compliance policies; Optimization of performance and costs in the Azure Environment; Security management and monitoring. 
Surcharge: An additional charge levied by MyPlatform for usage exceeding the limitations of the Free Tier.

 
2.	Description of the Service 
The Service is provided to automate, optimize, and secure the Customer's Azure Environment. The Service enables Customers to utilize cloud services under management and control with the aim of realizing the full potential of Public Cloud, including increased efficiency, transparent governance, improved security, and reduced complexity. The Service does not alter or replace the functionality or reliability of the underlying Microsoft Azure infrastructure. MyPlatform disclaims any liability arising from any failure or limitation of Microsoft Azure.

3.	Acceptance of the Agreement 
By subscribing to or otherwise accessing the Service via Azure Marketplace, the Customer confirms to have read, understood, and agreed to be bound by this Agreement.

4.	License and Usage Rights 
Subject to the Customer's compliance with this Agreement and payment of any applicable fees, MyPlatform grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with the description in Azure Marketplace and for the Customer's internal business purposes.

5.	Free Tier Usage 
Should the Customer's usage exceed the limitations of the Free Tier at any point within a two (2) month rolling period, MyPlatform reserves the right to, upon written notice to the Customer, levy a Surcharge equivalent to one hundred percent (100%) of the Azure consumption costs incurred by the Customer under MyPlatform's management during the period exceeding the Free Tier limitations. Notwithstanding the foregoing, if the Customer upgrades to any paid plan offered by MyPlatform prior to the commencement of any billing for excess usage, the Surcharge will be waived.

6.	Limitations on Use 
The Customer may not: Resell, rent, lease, assign, sublicense, or otherwise commercialize the Service to third parties; Decompile, reverse engineer, or attempt to derive the source code of the Service, except to the extent permitted by applicable law; Modify, adapt, or create derivative works based on the Service; Use the Service in a manner that violates applicable laws or regulations; Attempt to gain unauthorized access to the Service or related systems or networks; Interfere with or disrupt the operation of the Service or other users' access to the Service.

7.	Intellectual Property Rights 
MyPlatform retains all rights, title, and interest in and to the Service, including all intellectual property rights. The Customer acknowledges that this Agreement does not transfer any ownership rights to the Customer.

 
8.	Customer's Responsibility 
The Customer is responsible for: 
•	Ensuring the accuracy and completeness of all information provided to MyPlatform in connection with the use of the Service. 
•	The security and integrity of the Customer's Azure Environment and all data processed using the Service. 
•	Compliance with all applicable laws and regulations. 
•	Having the necessary rights and permissions to grant MyPlatform access to the Customer's Azure Environment for the purpose of providing the Service. 
•	Complying with their Microsoft Customer Agreement (MCA) or Enterprise Agreement (EA). 
•	Maintaining accurate and up-to-date contact and billing information. 
•	All activities conducted under their account.


9.	Data Protection and Security 
The processing of personal data in connection with the Service will take place in accordance with applicable data protection legislation (including GDPR. MyPlatform will not be processing any personal data in connection with providing the Service as all data will remain with Customer or otherwise within Customer's Azure Environment and handled in accordance with the Microsoft and Customer agreed terms. MyPlatform has implemented all necessary and commercially reasonable security measures to protect access to the Services.

10.	Service Level Standards (SLS) 
MyPlatform aims to provide high availability and timely support in accordance with its published Service Level Standards (available at https://www.myplatform.net/how/SLS). These standards are provided for informational purposes only and do not form a binding SLA unless separately agreed.
This SLS applies solely to the Service and does not supersede or modify any SLA provided by Microsoft for Azure.

11.	Fees and Payment 
The price for the Service will be as stated in Azure Marketplace. The Customer agrees to pay all applicable fees, including Azure consumption charges as billed by MyPlatform through the applicable Microsoft agreement.

12.	Term and Termination 
This Agreement enters into force when the Customer subscribes to the Service and continues until terminated in accordance with Azure Marketplace terms. MyPlatform may suspend or terminate access to the Service for cause.

 
13.	Changes to the Agreement 
MyPlatform may amend this Agreement. Material changes will be notified [30] days in advance. Continued use of the Service after changes take effect constitutes acceptance.

14.	Governing Law and Jurisdiction 
This Agreement is governed by Danish law. Disputes shall be settled by the courts of Copenhagen as first venue.

15.	Disclaimer 
THE SERVICE IS PROVIDED "AS IS". MYPLATFORM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYPLATFORM MAKES NO REPRESENTATIONS ABOUT THE PERFORMANCE OR AVAILABILITY OF MICROSOFT AZURE SERVICES, WHICH REMAIN THE RESPONSIBILITY OF MICROSOFT.

16.	Limitation of Liability 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYPLATFORM IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA. MYPLATFORM'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE 3 MONTHS PRIOR TO THE CLAIM.

17.	Indemnification 
The Customer shall indemnify MyPlatform against any claims arising from their use of the Service, breach of this Agreement, or infringement of third-party rights.

18.	Export Compliance 
The Customer agrees to comply with applicable export control laws.

19.	Entire Agreement 
This Agreement constitutes the entire agreement between the parties regarding the Service.

20.	Contact 
Questions may be directed to: legal@myplatform.net.