1. Application and validity
1.1 These General Conditions (‘General Conditions’) stipulate the rights and obligations of the subscription specified below between Risika A/S, CVR-number 37677892, Kronprinsessegade 26 ground floor, 1306 Copenhagen K, Denmark (‘Risika’) and the customer.

1.2 Unless otherwise agreed in writing, these General Conditions apply in their entirety and are included as an integrated element in agreements between Risika and the customer.

1.3 The service is only being provided to businesses (‘Customer’).

1.4 The Customer accepts the General Conditions by confirming ‘I have read and accepted the General Conditions’ on the order form, by using the services or by expressing their consent otherwise.

2. Scope of subscription
2.1 The Customer obtains non-exclusive access to use the Internet portal on www.risika.dk and selected add-on modules (together called ‘the Service’) by subscribing.

2.2 A subscription allows the Customer to use the Service for a specific number of users, add-on modules, etc. which are stated in the specific product subscription. If the Customer requires additional capacity, functionality, add-on modules, etc. the subscription will automatically be upgraded. The Customer accepts that the price will increase accordingly.

2.3 On https://risika.dk/prices/ the subscription types and add-on modules are listed. Some functions, services, and add-on modules may have separate conditions that need to be accepted in addition to these General Conditions before the service can be used.

2.4 The right to use the Service applies solely to the Customer and the Service may not be used by anyone other than the Customer or for processing or providing other services to anyone other than the Customer. The Customer is not entitled to assign the subscription to any third party, in whole or in part or to grant access to the Service to third-parties.

2.5 The Customer must ensure that the Service is not used in a manner that can damage Risika’s name, reputation or goodwill or that is in violation of relevant legislation or other regulation.

3. Duration and invoice
3.1 The subscription enters into force upon ordering and runs until termination pursuant to these General Conditions. Thus, the subscription is extended automatically, if the subscription is not terminated.

3.2 The first invoice comprises of the date of order to the end of a quarter (3 months) or the end of a year (12 months), depending on the agreed terms of payment in the specific subscription. Hereafter Risika automatically invoices a month in advance for the agreed period, unless otherwise stipulated by the agreement.

3.3 New Customers have the right to cancel the subscription agreement within fourteen (14) days after order. If the last date is a public holiday, a Saturday, a Sunday, the Danish Constitution Day, 24 December or 31 December, the deadline will expire on the following weekday. To exercise the right of cancellation, the Customer shall notify Risika of the decision to cancel the purchase in an unambiguous statement before expiry in accordance with these General Conditions.

4. Prices and terms of payment
4.1 The terms of payment are eight (8) days net from the invoice date unless otherwise agreed.

4.2 If the subscription is not paid on time a reminder will be sent seven (7) days after the invoice due date. If the subscription still has not been paid, a second reminder will be sent ten (10) days later with an additional fee of DKK 150.00. If payment is still not received within seven (7) days after the second reminder, the Customer’s access to the Application will be blocked. Access to the Application is restored after receiving payment unless Risika has canceled the subscription in the meantime.

4.3 The Customer accepts that invoices and reminders are sent by e-mail to the e-mail address provided by the Customer. The invoices and reminders are considered delivered when they have been sent by Risika.

4.4 The prices in force are on Risika’s website:https://risika.dk/prices/. The price increase will not occur during the contract period. All prices are exclusive VAT.

5. Termination
5.1 Customers may terminate the subscription, downgrade the subscription and opt-out of add-on modules. The termination must be done by contacting Risika per e-mail contact@risika.dk.

5.2 If payments are made in advance for one (1) year, termination during the initial year (365 days) affects the following year. Thus, the subscription will remain in force until the end of the initial year (365 days), unless otherwise stated in the description or terms for the specific service.

5.3 If payments are made in advance for a quarter (3 months), the subscription can be terminated with a notice of one (1) quarter to the end of a quarter, unless otherwise stated in the description or terms for the specific service.

5.4 Risika may by written notice to the Customer terminate the subscription with six (6) months’ notice until the end of a quarter (3 months), or without notice if the Customer becomes bankrupt or insolvent.

5.5 Risika may by written notice to the Customer terminate the subscription or any part thereof with immediate effect without any liability whatsoever, if

(i) the Customer violates or breaches any of the provisions of the subscription or these General Conditions, or

(ii) the Customer becomes subject to any bankruptcy, insolvency, reorganization, liquidation or other similar proceedings, which are not dismissed five (5) days after.

6. Data Policy, Costumer data, and confidentiality
6.1 The Customer’s data is stored and processed in accordance with Risika’s Personal Data Policy, which can be found here: https://risika.dk/da/privacy

7. Operating stability
7.1 Risika strives for maximum possible stability, but Risika is not responsible for breakdowns or interruptions, including operational disturbance caused by factors beyond Risika’s control. These include inter alia power failure, equipment failures, internet connections, telecommunication connections or the like. Risika disclaims any warranty, claims or other such likes, whether they are direct or indirect.

7.2 In case of breakdown or disturbance, Risika aims to restore normal operation as soon as possible.

7.3 Scheduled interruptions will preferably be placed during the period at 21.00 – 6.00 o’clock CET. Should it be necessary to discontinue access to the add-on modules outside of the stated time, this will be communicated beforehand to the extent possible.

8. Amendment of content
8.1 Risika is entitled to make updates to and improvements to the Service on an ongoing basis. Risika is also entitled to change the composition and content of the Service. Such updates, enhancements, and changes may be made with or without notice and may affect the Service, including information and data uploaded to or provided by the Service.

8.2 Significant changes will be announced to Customers per e-mail.

9. Intellectual property rights
9.1 Risika has the right to use the Customer’s trademark including logo on Risika’s website and in other marketing related activities concerning the Service, provided that such use is in accordance with good business practice.

9.2 The Service and information provided by the Risika is protected by copyrights and other intellectual property rights and belongs to or is licensed to Risika. Individually prepared software also belongs to Risika, unless otherwise agreed in writing. The Customer must also notify Risika of any current or potential violation of Risika’s intellectual property rights or unauthorized use of the Application, to which the Customer becomes aware.

9.3 There is no transfer of intellectual property rights to the Customer.

9.4 In relation to material uploaded by the Customer and all the Customer’s data, the Customer grants Risika and its suppliers a global license to conduct and operate the Service properly and to fulfill its obligations. The Customer warrants that the material being uploaded does not violate any third parties and does not contain material that may be offensive or in violation of relevant laws or regulations.

10. Transfer
10.1 Risika has the right to assign its rights and obligations to the Customer to a group-owned company or a third party.

10.2 The Costumer accepts that Risika is entitled to use subcontractors in all matters, including settlement and operation of the Service and for storing the Customer’s data.

11. Risika’s liability
11.1 Risika disclaims any liability in relation to these General Conditions or the Service, whether in contract or outside the contract, including operating loss, consequential or other indirect loss, data loss, loss due to product liability or loss incurred because of simple negligence.

11.2 Any use of the Service is at the Customer’s own risk and own liability. Risika is not responsible for any damage caused in connection with a visit to or use of the Service.

11.3 The content of the Service and all material in the Service is made available without any warranty, including but not limited to the warranty of suitability for a purpose.

11.4 Although Risika endeavors to ensure that the information contained in the Service is accurate, the accuracy of the information is not guaranteed. Information is subject to change without notice.

11.5 All information, materials, and files downloaded or otherwise obtained using the Service are at the Customer’s own risk and Risika explicitly disclaims any liability for damages arising from the use of the Service. This limitation also includes compensation for loss caused by malicious programs received from the website, the Application or from files that can be downloaded through the Website and the Application.

11.6 Risika is not responsible for third-party solutions that are available and/or integrated on the Service. Thus, Risika cannot be held responsible for the accuracy, completeness quality and reliability of the information, nor the results obtained through these third-party solutions. Similarly, Risika cannot be held responsible for the availability, security or functionality of third-party solutions, including possible damages and or losses caused by third-party solutions. It is the responsibility of the Customer to provide evidence that a loss suffered but the Customer is not attributable to third-party solutions.

11.7 Regardless of the type of loss or liability, Risika’s total liability is limited to the Customer’s payment for twelve (12) months prior to the occurrence of the liability, but in any case, a minimum of DKK 10,000. The Customer undertakes to keep Risika free of product liability damages, third party losses, and other claims by third parties because of the Costumer’s use of the Service.

11.8 The Customer agrees to indemnify Risika against any claim or loss arising from product liability, third party loss or third-party liability to the extent that arises from the Customer’s use of the Application.

12. Amendment of Conditions
12.1 Risika is entitled to amend the General Conditions in every respect. The General Conditions that apply at any time will be available on Risika’s website. Risika aims to give reasonable notice (one month) in connection with any change to these conditions, by posting on the website. Use of the Service after a change to these Conditions constitutes acceptance of the amended General Conditions. It is the Customer’s obligation to be up-to-date in relation to changes in the General Conditions.

13. Disputes
13.1 Disputes must be solved through mediation. The Parties shall jointly appoint a mediator or let him propose a recognized institution. If the dispute is not resolved by negotiation or mediation within six (6) weeks from the dispute, either party may request a dispute finally settled by arbitration in Copenhagen in accordance with applicable rules of the Danish Institute of Arbitration.

13.2 These General Conditions are governed by Danish law and any disputes arising from the subscription, including these General Conditions, must be submitted to the Court of Copenhagen, Denmark.

Last updated 24th of June 2019