These Terms of Service (“Terms“) govern your use of the Includit (“Includit“) App (“App“) and the Includit services (“Services“). These Terms apply to all users of the App and Services. By using the App or Services, you agree to these Terms.
You must be at least 16 years old to use the App or the Services.
2. Additional Terms
Some of our Services may have additional terms and conditions (“Additional Terms“). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.
3. Acceptable Use of the App and Services
You are responsible for your use of the App and Services, and for any use of the App or Services made using your account. Our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Includit.
When you use the App or Services, you may not and agree that you will not:
violate any law or regulation;
violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
use our App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission or personal contact information;
transmit anything that is illegal or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious or unsolicited software;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the App;
use automated methods to use the App or Services in a manner that sends more requests to the Includit servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
interfere with or damage our App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
register for more than one Includit account or register for an Includit account on behalf of an individual other than yourself;
recruit or otherwise solicit any user to join third party services or websites that are competitive to Includit, without Includit’s prior written approval;
use, display, mirror or frame the App or any individual element within the App or Services, Includit’s name, any Includit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Includit’s express written consent;
access, tamper with, or use non-public areas of the App, Includit’s computer systems, or the technical delivery systems of Includit’s providers;
attempt to probe, scan, or test the vulnerability of any Includit system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Includit or any of Includit’s providers or any other third party (including another user) to protect the App or Services;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Includit will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Includit may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Includit has no obligation to monitor your access to or use of the App or Services or to review or edit any Business Content, but has the right to do so for the purpose of operating the App or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Includit reserves the right, at any time and without prior notice, to remove or disable access to any App Content that Includit, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App or Services.
4. Business Content
You own all content and information you post or share using the App or Services (referred to as “Business Content“).
Includit recognizes that all Business Content (chat messages, documents, audio and video files, etc.) is the property of the communicating parties and may contain sensitive business data. Includit promises to store and process your information with the utmost confidentiality and discretion subject to the law of the Kingdom of Denmark.
Includit is a paid service and no Business Content will be shared with other parties for any reason or used for any hidden purpose (like advertising, content shaping, etc) other what may be required by law.
We may refuse to accept or transmit Business Content. We may remove Business Content from the App or Services for any reason.
You promise that:
you own all rights to your Business Content;
you have paid and will pay in full any fees or other payments that may be related to the use of your Business Content; and
your Business Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Other than Business Content, we own or license the content on the App and Services, and Includit’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under Danish and international laws.
6. Copyright and Intellectual Property Policy
Notice of Copyright or Intellectual Property Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the App or Services has infringed your intellectual property rights.
To be effective the notification should include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit Includit to locate the material on the App or Services;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the App and Services without liability, and the claims of the complaining party and party that originally posted the materials will be referred to further investigation.
8. Third Party Content and Interactions
The App and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Includit, including Web Apps, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the App and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Includit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of the App or Services, or between users and any third party, you understand and agree that Includit is under no obligation to become involved. In the event that you have a dispute with any other user of the App or Services, you hereby release Includit, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the App and Services.
10. Changes to the App or Services
Includit enhances and updates its App and Services often. We may change or discontinue the App or any Services, with or without notice to you.
We reserve the right not to provide the App or Services to any user. We also reserve the right to terminate any user’s right to access the App or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the App and Services automatically terminates.
12. Disclaimer and Limitations on Our Liability
YOU USE THE APP AND SERVICES AT YOUR OWN RISK. THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDIT AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, INCLUDIT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE APP OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE APP OR SERVICES), OR THE CONTENT OF ANY WEB APPS OR RESOURCES LINKED TO THE APP OR SERVICES. INCLUDIT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP OR SERVICES.
INCLUDIT AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE INCLUDIT APP OR SERVICES OR ANY LINKED WEB APP.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INCLUDIT OR THROUGH THE APP OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INCLUDIT NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE APP OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Includit may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Includit’s liability will be the minimum permitted under such law.
You agree to indemnify and defend Includit and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your Business Content or any other content) that you or anyone using your account submit, post, or transmit through the App or Services; (b) the use of the App or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Includit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Includit in such defense.
14. Other Provisions
Under no circumstances will Includit be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the Kingdom of Denmark, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the App, or any Services will be filed only in courts located in Copenhagen, Denmark. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Includit to enforce any right or provision of these Terms will not prevent Includit from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
15. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on our website. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our App or Services, you agree to the revised Terms.