1.1 These subscription terms and conditions (“Terms & conditions”) are accepted by answering "yes" on the pop-up when signing up on our website.
2.1 The subscription becomes effective upon placement of order and continues to be in effect until terminated in accordance with these Terms and Conditions.
2.2 The subscription period is 12 months. First period being 12 months from the order date. Subsequent periods are also 12 months. Exceptions to the described periods have to be set out in separate agreement or terms for the specific product.
3.1 In accordance with these Terms and Conditions, the Customer is granted a non-exclusive limited right to use the www.bikekey.com bikeregister and selected additional modules (collectively the “Application”) which are made available online as software as a service only for the purposes described by the Application. The Customer does not acquire the Application or any copy or part and is not granted a licence to implement the Application in any way other than as a software as a service.
3.2 The Customer’s subscription entitles the Customer to use the Application for the usage specified for each product. If the Customer needs further capacity or functionality, then upon use of any additional entries, users or modules by the Customer or upon any acceptance by Bikekey ApS of any requested increase to entries, users or modules, the subscription will be upgraded automatically and the Customer shall agree to pay the consequential increase in the subscription at the then current rates for such entries, users and modules.
3.3 Only the Customer and its advisors are entitled to use the Application, and the Application may not be used for or on behalf of any other parties or for data processing or the provision of services for other parties than the Customer. The Customer agrees to be fully responsible and liable for any third parties that are given access to the Application by the Customer or who use the Customer’s log in details. 3.4 Other than as set out in 3.3, the Customer is not entitled to assign the subscription or grant access to the Application, whether in full or in part, to any third party. 3.5 The Customer shall ensure that the Application is not used in any manner which reflects adversely upon the name, reputation and/or goodwill of Bikekey ApS or in breach of any applicable law or regulation.
4.1 The terms of payment are paid by the start of each subscription period.
4.2 If the subscription fee is not paid when due, access to Bikekey ApS may be barred.
4.3 The Customer accepts that invoices and reminders sent by email to the email address provided by the Customer shall be deemed delivered when sent by Bikekey ApS.
4.4 The prices, rates and subscription types in force from time to time can be found on Bikekey ApS's website and may be changed at the end of each calendar quarter on one month’s notice.
5.1 By using the Application, the Customer may terminate the subscription, reduce the services subscribed to and remove additional modules each with effect from the last day of the current subscription period on written notice (unless otherwise stated in the description or terms and conditions applying to the specific service or module).
5.2 Bikekey ApS is entitled to terminate the subscription at the end of any calendar quarter by giving more than 3 month’s notice or immediately on written notice if the Customer commits a material breach of these Terms and Conditions or becomes insolvent or has a receiver or administrator appointed over its assets.
6.1 As between the parties, the Customer shall own any and all data it provides to Bikekey ApS or the Application. The Application permits the Customer to export records and data held by the Application and the Customer agrees to export any and all data prior to termination of the subscription.
6.2 Bikekey ApS reserves the right to delete Customer data 90 days after termination of the subscription regardless of the reason for termination, and Bikekey ApS is not obligated to store any Customer data after such time.
6.3 Bikekey ApS shall be entitled to store Customer data after termination in anonymised form for statistical and analytical purposes only.
6.4 Bikekey ApS may disclose Customer data to third parties and public authorities where such disclosure in Bikekey ApS’s opinion is justifiable and reasonable, e.g. to avoid a loss of value, including in connection with judgments, public authority orders, the Customer’s bankruptcy, death or the like.
7.1 Bikekey ApS strives towards the highest possible operational stability on this service, but shall not be responsible or liable for any breakdowns or service interruptions, including interruptions caused by factors beyond Bikekey ApS’s control, such as power failures, defective equipment, Internet connections, telecoms connections or the like.
7.2 The Application and the service is provided “as is” and Bikekey ApS expressly disclaims any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
7.3 In the event of an interruption of service Bikekey ApS will use reasonable commercial endeavour’s to restore normal operations as soon as possible.
8.1 The Application and any information provided by it, other than the Customer’s data, is protected by copyright and other intellectual property rights and is owned by or licensed to Bikekey ApS. Any development or adaptations made to such intellectual property by Customer shall vest in Bikekey ApS. The Customer shall notify Bikekey ApS of any actual or suspected infringement of Bikekey ApS’s intellectual property rights and any unauthorised use of the Application that the Customer is aware of.
8.2 No intellectual property rights are assigned to the Customer.
8.3 In relation to any and all material uploaded by the Customer and any and all Customer data, the Customer grants to Bikekey ApS, its suppliers and sub-contractors a non-exclusive worldwide irrevocable licence to provide the Application and related services including marketing services to the Customer. The Customer represents and warrants that no uploaded material or Customer data will infringe third party rights or intellectual property rights and will not contain any material that is obscene, offensive, inappropriate or in breach of any applicable law.
9.1 Bikekey ApS is entitled to assign its rights and obligations regarding the Customer to a group company or to a third party.
9.2 The Customer accepts that Bikekey ApS is entitled to use subcontractors in all matters, including for the implementation and operation of the Application and the storage of Customer data.
10.1 Bikekey ApS disclaims all liability and shall not be liable in contract, tort (including negligence), statutory duty, pre-contract or otherwise arising out of or in connection with these Terms and Conditions or the Application for any (a) consequential, indirect or special loss or damage; or (b) any loss of goodwill, reputation or data; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings). In each case whether advised of the possibility of such loss or damage and howsoever incurred.
10.2 Bikekey ApS is not liable for third party solutions which are available via and/or integrated with the Application, including currency feeds/currency calculators. Consequently, Bikekey ApS cannot be held liable for the correctness, completeness, quality and reliability of the information or for the results which are achieved by means of such third party solutions. Moreover, Bikekey ApS cannot be held liable for the availability, security or functionality of such third party solutions, including for any damage and/or loss caused by such third party solutions. The Customer is responsible for proving that a loss or damage suffered by the Customer is not attributable to any third party solutions.
10.3 The maximum liability of Bikekey ApS in contract, tort (including negligence), statutory duty, or otherwise arising out of or in connection with the Terms and Conditions or the Application; shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period, be limited to the Fees paid by Customer in such period or DKK 500, whichever is the greater.
10.4 The Customer undertakes to indemnify Bikekey ApS against any costs due to product liability loss, third party loss or other third party claims due to the Customer’s use of the Application.
10.5 Nothing in this Agreement shall exclude or limit liability for death or personal injury or for fraud.
11.1 Bikekey ApS will only process Customer data in accordance with the Customer’s instructions and not for its own, unauthorised purposes.
11.2 Bikekey ApS will keep confidential all of the Customer’s confidential information that the Customer provides to Bikekey ApS save to where such information has come into the public domain other than by breach of this clause, or where Bikekey ApS has obtained the information from a third party without a duty of confidence or where it is required to be disclosed by a regulatory or government body or court of competent jurisdiction.
11.3 Bikekey ApS shall take all necessary technical and organisational security measures to ensure the safe and secure processing of any Customer data. Bikekey ApS shall comply with its obligations under the Data protection policy in accordance with the EU General Data Protection Regulation (GDPR) and Data Protection Act (DPA) 2018.
11.4 At the Customer’s request Bikekey ApS will provide sufficient information to enable the Customer to ensure that the said technical and organisational measures have been taken. Bikekey ApS shall be permitted to charge the Customer for such work at its standard rates.
11.5 Where the Customer provides information, user names or passwords in relation to any third party information feed or service to Bikekey ApS, the Customer shall warrant that the provision of such information or the integration of the Application with such third party feed or service or the storage and use by Bikekey ApS of such information shall not breach the terms and conditions for such service or any other third party rights. The Customer shall indemnify and hold harmless Bikekey ApS from any and all loss, damage, cost and expense arising from breach of this clause.
12.1 Bikekey ApS may update these Terms and Conditions from time to time. The current version of the Terms and Conditions in force from time to time are available on Bikekey ApS’s website. Bikekey ApS shall endeavour to provide reasonable notice of any changes by posting such changes on the web site.
12.2 Further use of the Application after any change to the Terms and Conditions shall be deemed to be acceptance of such Terms and Conditions. It is the Customer’s responsibility to check the website regularly to keep updated on any changes to these Terms and Conditions.
13.1 These terms and conditions shall be construed in accordance with the laws of Denmark and each party hereby irrevocably submits to the non-exclusive jurisdiction of the courts of Denmark.
14.1 Validity: These Terms and Conditions become effective on February 8th 2023, and supersede all previous terms and conditions.
Please let us know if you have any questions about these terms at info@Bikekey.com