Terms and Conditions
1. General information
1.1 This Agreement sets out the general terms and conditions that apply to the Customer’s use of the LeadFamly platform.
1.2 By implementing, using or otherwise making use of LeadFamly, the Customer agrees to be bound by the general terms and conditions set out in this Agreement and its annexes. If the Customer does not accept this, the Customer may not implement, use or otherwise make use of LeadFamly.
1.3 All prices are based on the fact that the Customer himself produces and runs campaigns in the platform.
A thorough introduction to the platform is provided and a free hotline is made available.
1.4 There is a free hotline on weekdays between 9:00 and 17:00. If support is required in addition to this, it is individually priced as required.
All inquiries should be sent to firstname.lastname@example.org or through the chat in the platform. LeadFamly provides operating support on the platform 8:00 – 21:00 during weekdays and 10:00 – 21:00 in weekends.
2. LeadFamly’s services
2.1 Under this Agreement, the Customer may access LeadFamly for the purpose of building and operating gamification campaigns from the LeadFamly platform.
2.2 LeadFamly’s services are offered on a SaaS model, i.e. that the Customer always has access to the software. LeadFamly’s services are changed / improved continuously, but no guarantee is given for compatibility back in time.
2.3. LeadFamly shall provide hosting, upgrading and maintenance of the LeadFamly platform without additional payment.
3. Payment of the license fee
3.1 The license fee is agreement-specific and is regulated in the above Agreement specification.
3.2 The license fee shall be paid on time, as agreed between the Parties. Unless otherwise stated in the above, there is an 30 day net payment period for invoices from LeadFamly.
3.3 The license fee shall be paid as long as the Agreement is in force. The license fee will come into force for the date of license start, which is regulated in the above agreement specification.
3.4 Invoicing is done annually in advance, unless otherwise agreed. LeadFamly invoices the full annual amount upon contractual conclusion. Payment must be made within the agreed payment period.
3.5 In case of late payment, interest is calculated from the invoice date in accordance with the interest Act.
3.6 All license prices are adjusted annually with effect from January and regulated by the Net Price Index from October. If the net price index regulation is below 3%, the price automatically adjusted by 3%.
Thus, a price regulation will enter into force at the applicable date of extension of this agreement.
4. Rights to data and the LeadFamly platform
4.1 Subject to the Customer’s timely payment of the license fee, the Customer will receive an unrestricted, non-transferable, non-exclusive right to use LeadFamly for the purpose of giving the Customer access to using the set of functions applicable at any given time under the customer name(s) agreed between the Partners.
4.2 The registered data regarding end user customers and the content used in connection with the Customer’s built-up campaigns always belong to the Customer.
LeadFamly has the right to use such data on an aggregated and entirely anonymous level, as part of LeadFamly’s business and statistical purposes.
4.3 LeadFamly ApS (DK) has ownership, copyright and all other intellectual property rights to the LeadFamly platform.
4.4 The Customer may not break or modify any files and codes that give access to use of LeadFamly. The Customer is also not permitted to change or remove any statement and / or comments on copyright, trademark or other rights existing in LeadFamly.
4.5 The Customer is not entitled to copy LeadFamly unless, and only to the extent that, such actions are permitted under mandatory laws and the Customer shall in all respects comply with such laws.
5. Data protection and hosting
5.1 The parties are individually responsible for complying with their respective obligations regarding any processing of personal data by LeadFamly on behalf of the Customer in connection with the use of LeadFamly. LeadFamly acts as a data processor only on instructions from the Customer who is responsible for the data.
5.2 As data processor, LeadFamly takes the necessary technical and organizational security precautions to prevent information being accidentally or illegally destroyed, lost or impaired, and also to prevent them from becoming known to unauthorized persons, being misused or otherwise processed in violation of the Personal Data Processing Act. At the Customer’s request, LeadFamly shall provide sufficient information to ensure that the aforementioned technical and organizational security measures have been taken.
5.3 LeadFamly software is hosted through Amazon cloud services.
We expect an uptime in the period of 99%. No compensation is given for downtime.
5.4 Other data protection conditions are dealt with separately in any data processing agreement between LeadFamly and the Customer.
6.1 The Customer shall ensure that the Customer’s use of LeadFamly in all respects is lawful. In particular, the Customer must ensure that the necessary consent for processing personal data is obtained and that all relevant rules regarding the processing of personal data, on marketing, on consumer protection, on spam and on use, etc. is complied with by LeadFamly.
6.2 The customer is entirely responsible for compliance with all relevant legislation relating to implementation, the use or any other use of LeadFamly.
7. Prohibition of use by third parties and confidentiality
7.1 The Customer may not sell, distribute, license, rent out, lease, lend, pawn or otherwise transfer, transport or surrender LeadFamly or the rights of use thereto to third parties without prior written permission from LeadFamly, cf. section 9.
7.2 LeadFamly treats all data, information and trade secrets relating to the Customer, that are acquired within the framework of cooperation and the use of the LeadFamly platform confidentially.
8.1 The parties are liable under Danish law.
8.2 LeadFamly’s total liability for all losses under this Agreement irrespective of the basis for this is limited to the license consideration that the Customer actually paid for the previous year, however, maximum EUR 10,000. In determining the limitation of LeadFamly’s total liability pursuant to this clause 8.2, there shall be deducted any amount and / or the value of any compensation that LeadFamly previously paid and / or granted to the Customer to cover or serve as a discount for the Customer’s loss, for which LeadFamly is responsible.
8.3 LeadFamly is not responsible for LeadFamly’s applicability in relation to the specific use, that the Customer wishes or may have anticipated, including for integration or interaction between LeadFamly and the Customer’s other hardware and software.
8.4 LeadFamly is not responsible for operating loss, business and/or operational disruption, lost profit and revenue, loss associated with lost data, reconstruction of it or lack of access to it, lost savings, claims raised by third parties against the Customer, or indirect losses or consequential damages of any kind.
8.5 The Customer is responsible for the security of its user-logins. That is, the Customer must manage the unique passwords and user names assigned by LeadFamly in a defensible manner. If the Customer notices any misuse, LeadFamly must be informed immediately.
8.6 LeadFamly is not responsible for any loss arising in connection with hosting, upgrades, maintenance and support of the LeadFamly platform.
8.7 It is possible to let the LeadFamly platform automatically extract winners. The system extracts winners, matching the number of prizes that are for distribution in the given campaign. LeadFamly disclaims all liability for the use of automatic winner extraction, handling of prizes and information to winners.
LeadFamly recommends that in campaigns with prize pools of significant value, prizes, winnings and information to winners shall be handled manually.
8.8 LeadFamly is not responsible for force majeure-like conditions, such as interruption of power supply, breakdowns in public available networks, flooding and similar conditions, which prevent or restrict the delivery of the LeadFamly platform.
8.9 LeadFamly is subject to product liability only to the extent that such liability arises under mandatory legislation.
8.10 If it is found that users cheat, any cleanup of the database shall be performed by LeadFamly and blocking of users will be at the Customer’s expense. This task is performed exclusively at The Customer’s request.
8.11 The limitations in this clause 8 shall not apply if the loss can be shown to be attributable to gross negligence or intentional conditions.
9. Transfer of rights
9.1 The Customer may not, without LeadFamly’s prior written consent, transfer all or part of its rights and obligations under this Agreement to any third party.
9.2 LeadFamly cannot, without prior written consent from the Customer, transfer all or part of its rights and obligations under this Agreement to any third party. LeadFamly is, however, entitled at any time without the Customer’s consent to transfer its rights and obligations under this Agreement as part of a sale of the business operated by LeadFamly or to companies that are group-associated with LeadFamly as defined in Section 5 of the Danish Companies Act no. 18, cf.
10. Entry into force and termination
10.1 This Agreement shall enter into force on the date of the Customer’s acceptance of the Agreement and shall remain in force until it is terminated pursuant to this clause 10.
10.2 Notice of termination of this Agreement cannot be given either by the Customer or by LeadFamly for a period of 1 (one) year applicable to the date of entry into force of the agreed license period indicated in the specific terms and conditions of this Agreement in the above.
10.3 After the expiry of the specified period, the Agreement will be renewed for a period of 1 (one) year unless one of the parties gives notice 1 (one) month prior to the renewal.
10.4 In the event of a material breach, the non-breaching party may terminate this Agreement with the defaulting party if the material breach of the has been pointed out with 14 days written notice and has not been rectified by the defaulting party.
10.5 In the event of termination of this Agreement, the Customer is obliged to discontinue using LeadFamly. Upon termination, LeadFamly is not required to repay any portion of the paid license consideration to the Customer, but in the event of termination as a result of material breach by LeadFamly, the Customer may demand compensation for the loss suffered because of the limitations imposed by this Agreement.
10.6 At the expiry of the Agreement, all customer data and templates will be deleted from the LeadFamly’s servers, but no earlier than 30 days gross after cessation of the Agreement. LeadFamly undertakes to notify regarding any deletion with the 14 days gross. The Customer will
have 30 days gross after the cessation to ensure data and content, after which the Client’s
access to LeadFamly will be closed.
11. Choice of law and legal venue
11.1 Any dispute between the parties shall be governed by Danish law.