Terms and Conditions

Welcome to Cloudify!

Our terms and conditions are designed to give both parties security and clarity on the rights to trade with online services. We always try to be flexible and collaborate with our customers in a good manner to avoid disputes.

1. Company Information.

Cloudify ApS

VAT/Org.no. 33066287

Kornmarksvej 10

2605 Brøndby

Email: info@cloudify.biz

2. General terms

Cloudify provides services through the Internet. In connection with these services, Cloudify complies with both legal and general ethical rules. The following terms of sale and delivery apply to the extent that they are not waived by other written agreements between the parties. Cloudify is not bound by any purchase terms and conditions specified in the customer’s order unless they comply with these terms.

3. Orders and payments

• The Cloudify subscription and setup costs are billable immediately after completion of the order.
• We offer two payment methods for your convenience:

Card: You can securely pay for your order using a credit or debit card. And when using this option autopay is applied.

Invoice: You can choose to pay by invoice. A fee of DKK 30 will be applied to cover administrative costs associated with this payment method. The invoice will be sent to your email address upon order confirmation and will detail the payment instructions. Please note: When selecting the invoice payment method, your order will not be processed until the invoice is paid in full.

• Until the subscription is actively cancelled by the customer, the subscription payment will automatically be withdrawn from the card. The subscription period is paid in advance. You can always contact us by e-mail to cancel the subscription. If you wish to cancel before the next renewal, we will need the cancellation at least 8 days before the next renewal.
• After subscribing and after each successful renewal withdrawal, a receipt will be sent to the given email.
• If your payment card expires or the payment in another way fails, there will be sent an email with a link to renew the payment method.
• When subscribing and entering a payment method, you allow the necessary payment card information to be saved for automatic debiting of the payment card. This information is automatically deleted when the subscription is cancelled. All payment methods are safely handled through Stripe, which complies with technical and operational demands, that are defined by the PCI Security Standards Council (PCI SSC) to protect the cardholders data.

4. Registration of customer data (personal data policy)

• When you enter into an agreement with Cloudify ApS, we record the following information: Company name, Contact Name, Address, Telephone number, E-mail address, and VAT/Org.no.
• Cloudify records your personal data to provide its services. You always have the right to edit or object to the registration, cf. the Personal Data Act. Inquiries in this regard are addressed to Cloudify ApS – info@cloudify.biz
• When collecting personal data, Cloudify ensures that it always happens when you give your explicit consent, to ensure you are informed of exactly which information is collected and why. The personal information registered with Cloudify is stored in the records for up to six months after the subscription ends.
• All Cloudify employees and agents in Cloudify’s support system are granted access to the information recorded.
• Information provided to Cloudify is treated with care and is not disclosed or sold to any third party. Cloudify does not record any sensitive information.
• For further details on our guidelines regarding personal data, please refer to our Data Processing Agreement.

5. Delivery methods – Orders without configuration

• For several of our integrations, you will be able to access the LightHouse dashboard immediately and can access the logs of your automation.
• It is your own responsibility to handle the configuration of your integration. Cloudify can provide support if you encounter technical or other issues. Cloudify will charge a service fee in case of errors/defects that refer to faults in setup and configurations made by the customer, or if support is requested because guidelines have not been followed properly. The customer will be notified of this before the execution of the support if there will be charged extra payable fees in addition to general support.

6. Forms of delivery, processing and delivery time – Orders including configuration

• Cloudify will always process the order as soon as possible, according to the specified delivery times.
• You will be contacted by a Cloudify employee regarding the configuration and login information. Delivery time is valid from the time Cloudify receives the necessary information to set up the integration. It is therefore important that the customer is committed to providing login information, etc. as soon as possible to avoid delays in the process.
• You are always welcome to contact the Cloudify technician for information about the expected delivery time. The configuration will be assigned to a technician, but this does not imply that the technician in question will be the one to execute the configuration. Cloudify aims for the configuration to be executed by the assigned technician, but reserves the right to assign the case to another of its employees.
• Delivery time may vary in the occurrence of unexpected issues with the configuration or due to customized configurations.
• If the customer wishes to make alterations concerning the ordered configuration, it may cause a delay in delivery, as well as possible additional costs. The Cloudify technician will inform you if any, of the price surcharges related to mappings, hooks or other additions to the integration that differ from common standards. This will be disclosed before the implementation of the alterations.
• Cloudify always makes an effort to inform the customer of delays in delivery, as well as the reason.
• Cloudify delivers digital content that is not associated with any physical media. Cloudify only delivers services that have been expressly ordered and accepted by the Customer and therefore there is no right of withdrawal once the integration has been accepted and invoiced.
• The setup price applies to the prices stated at marketplace.cloudify.biz website on the order page for the integration in question, or by a written offer from Cloudify. The setup price covers the commissioning of the task ordered by the customer, as well as the configuration and testing of the integration.
• When configuring integrations where there is a setup price, Cloudify will either bill it before or after the integration has been executed. When placing an order, that order is binding and cannot be used as credit.
• Compliance with lead delivery time requires that the technician has access to the necessary information to perform the configuration. See Section 7 for details on the Cloudify configuration terms.

7. Cloudify Configuration Terms

• When consulting a technician for setup, it is your own responsibility to familiarize yourself with the general questions and answer (Q&A’s) regarding the configuration and ensure that the order agreement is complete. It is the Customer’s responsibility to ensure that the desired configuration is executable before ordering. Cloudify support is happy to help you with this, possibly adding extra charges if matters need to be further examined.
• It is the customer’s responsibility to ensure that the systems that are integrated are configured in such a way that it is possible to integrate according to the customer’s needs. Configurations handled by Cloudify do not include system setup. If, for example, item numbers are missing in the webshop, it is not Cloudify’s job to set them up. Likewise, Cloudify does not accept responsibility for the customer’s handling of the accounts and its technical correctness and compliance with the legislation.
• When an order has been placed for setup and configuration, Cloudify handles the configuration of the integration on behalf of the Customer. For this, Cloudify will request access (logins) for the setup and integration between the systems, as well as necessary information needed for the configuration.
• After testing the first order going through the integration, the technician requests approval for the transfer of the order and thus an acceptance of the configuration from the Customer. If the Customer does not reply within 5 business days, the configuration will be treated as finished and accepted.
• Within 10 days from the configuration is finished, we will fix ordinary configuration customizations upon request. After this time, we see the configuration as complete and the right to make adjustments expires unless the Customer has a pending case with Cloudify. Further configuration can then be ordered at Cloudify general hourly rates. After the 10 days, Cloudify will still support any errors that may occur. Inquiries must be filed by the Customer as a support case.
• It is the Customer’s responsibility to provide the necessary login access for Cloudify to deliver the integration, as well as answer necessary questions. If possible, Cloudify will avoid requesting logins and instead use partner logins with administrative rights.
• Invoicing of technical setup is binding and cannot be credited. Invoicing is eligible upon the order of the setup. If the Customer believes that there are grounds for exceptions, Cloudify may be contacted to assess the case. If the Customer prevents delivery or litigation eg. by not providing necessary information, uninstalling plugins, etc., Cloudify is still entitled to issue the invoice to cover the proceedings.
• Cloudify contacts the Customer using the e-mail address specified upon order. It is the Customer’s responsibility to check for replies or inquiries from Cloudify and to respond. Incomplete setups due to lack of answers are not grounds for crediting or cancelling setups. It is up to the customer to inform Cloudify of changes in contact details.
• The Cloudify technician delivers the ordered integration based on a configuration form that the Customer answers. If changes occur during the process, Cloudify reserves the right to offer extra assistance in addition to the estimated number of hours, based on the hourly rates described on the marketplace.cloudify.biz website.
• Cloudify continually reserves the right to charge the Customer for extra time consumed in any given case.
• Cloudify assumes no responsibility for changes in the systems that affect integration.

8. Cloudify subscription

Services, period and renewal

• Services may vary depending on the plan you subscribe to, cf. the Cloudify website, which is typically divided into Starter, Business, Business Premium, Enterprise or Custom subscriptions. Please note that subscriptions may vary according to service and features across version numbers of the Cloudify service. The customer is obliged to familiarize himself with the subscription limitations when purchasing.
• The number of orders, goods, customers, stock and other transactions that may be transferred with the chosen subscription is fixed based on the specified limit values determined at the time of ordering.
• Subscriptions are prepaid and run from the start of the agreement and the period ending, ie. either one month ahead or one year ahead.
• The agreement is automatically renewed every 11 months for annual subscriptions, entering a new subscription period, which means that the invoice is sent one month before the end of the subscription period. Once the invoice has been sent, the period is accepted and renewed.
• Processed orders are counted from the first to the last day of the month and the counter is reset for each month to the relevant order limit on the customer’s subscription. Order limits that have not been used up will not be transferred until next month and the remaining number of orders allowed will not be compensated.

Change of subscription

• By writing to info@cloudify.biz, the customer can have his Cloudify subscription changed. When downgrading a subscription, the price difference will not be compensated and the new subscription comes into effect after the end of the prepaid period. When acquiring a higher subscription, you will be billed for a new period of 6 months, which is typically reduced by a previously paid subscription in case of overlapping in the periods.
• The Customer’s subscription choice may be changed by Cloudify at any time without prior notice. Typically, Cloudify will report an upgrade in accordance with the applicable data usage terms, etc.
• Cloudify reserves the right to make inquiries about subscriptions at any time if other subscriptions are deemed to be more of an advantage for the customer. This happens mostly in case if the customer moves substantially larger transfers than usual, be it orders, goods or customers, implies transfer to another subscription type.
• Downgrading of integration subscription can only be executed by Customer's written request for sovereign evaluation by Cloudify. An administration fee may apply. In this case, Cloudify will notify the Customer before the change is made. Downgrading of integration subscription is not compensated for a subscription period that has already begun.

Termination

• Cancellation of a subscription must be made in writing to info@cloudify.biz. It is the responsibility of the Customer at all times to document the cancellation.
• The subscription may be terminated in writing at any time with one month’s notice until the end of a subscription period, after which Cloudify will send a confirmation of the cancellation. The cancellation must be in writing by e-mail. It is the Customer’s own responsibility to terminate the agreement no later than 1 month before the renewal period, even if the customer no longer uses the services offered by Cloudify.
• If, upon termination, an invoice has already been sent for a new period, but not paid, the Customer can, if Cloudify agrees, immediately cancel a subscription and credit its outstanding against a fee of DKK 250 + VAT. However, outstanding payments are not reimbursed. If a subscription is requested to be cancelled in the middle of a period, the subscription will be terminated either the same day or at the expiry date, and again, any outstanding payments will not be reimbursed.
• Cloudify may unsubscribe without notice if the Fair Use transaction limits are exceeded (see section 10), in the event of misuse of the Cloudify service, or if the source code is in any way attempted to be imitated or changed. Cloudify sovereignly determines what is characterized as an abuse of the service.
• If Cloudify wishes to terminate a subscription in the event of a breach of the general rules, any remaining period corresponding to paid subscription will not be refunded to the Customer. Disturbance of other subscribers or breach of business terms will be considered abuse of Cloudify services. This may at any time result in the termination and cancellation of a subscription. Cloudify is in every respect sovereign in the definition of abuse.

9. Fair use transaction limit

• Cloudify has a Fair use transaction limit for its subscriptions for how many customers, goods, orders and changes in inventory can be transferred per. month. This is due to operational reasons and is required to ensure technical stability.
• Fair use limit per Month is 250 transactions for a Starter subscription, 500 transactions for a Business subscription, 1000 transactions for a Business Premium subscription, 4,000 transactions for an Enterprise subscription, and 10,000+ for a Custom subscription.
• Cloudify reserves the right to investigate the circumstances if the transaction limit is exceeded during a set period. Cloudify may at any time upgrade a subscription if the Customer is exceeding the Fair use limit. Cloudify will typically notify the Customer of the upgrade.
• In the event of any over-consumption, Cloudify may see it necessary to stop the transfer until the origin of the overuse has been rectified, clarified or an agreement with Cloudify has been made.

10. System Stability

• As far as possible, Cloudify will inform customers of relevant operational disruptions. The operating status can be found at marketplace.cloudify.biz
• Cloudify monitors the service loads to safeguard against errors.
• Cloudify reserves the right to limit the use of the services offered for operational and security reasons without notice.
• Cloudify undertakes measures to ensure that the Customer’s services are in operation 24 hours a day all year round but makes no guarantees. Cloudify is entitled to discontinue operations when special technical conditions, including maintenance and repair, are necessary.
• In the event of a malfunction, you may seek assistance under our applicable support terms and conditions.

11. Data logging

• Cloudify logs data to be able to retrieve data or to identify whether data has been transferred or not. Cloudify logs all transactions such as customer, product and order information and inventory. Cloudify does not log or save credit card information, except from recording the payment method.
• For further elaboration of our data logging guidelines, please refer to our Data Processing Agreement.

12. Support

• Cloudify primarily provides support on its own services and always refers to external support for other services.
• Inquiry for Cloudify support is typically carried out per. email info@cloudify.biz to be entered into the support ticket system. Cloudify also offers chat and phone support.
• To achieve the most clarifying support handling, support requests are preferably handled by email to info@cloudify.biz. For error handling, please attach as much info as possible for faster support handling, as the number refers to the order, item or the like.
• In case the error is attributed to the Customer’s own default, incorrect setup or the like, Cloudify reserves the right to invoice the Customer at the applicable hourly rate.
• We refer to the opening hours at marketplace.cloudify.biz for access to support. Support is available through info@cloudify.biz.

13. Updates, upgrades and maintenance of Cloudify service

• Cloudify continuously updates and maintains its own services and plugins.
• Updates will be ongoing, while critical updates will be handled immediately. You are always welcome to contact Cloudify for the current status of updates.
• Cloudify will typically upgrade its service to newer versions but is not required to provide such upgrades.
• Cloudify may consider itself eligible to charge upgrade fees for conversion to new versions of the Cloudify Platform. Cloudify endeavours to enable the Customer to perform the upgrade itself, but due to special setups etc., it may require a Cloudify technician to upgrade to new versions. Cloudify will typically inform its Customers about upgrades to newer versions as well as the expected time consumption if any.
• Cloudify is not required to support or maintain an outdated Cloudify service but will continue to do so for as long as Cloudify deems it necessary. Cloudify has the sovereign right to decide the time of closing down the service and it is the Customer’s responsibility to upgrade to newer versions before the service is closed. Please contact Cloudify if any concerns.

14. Functionality

• Cloudify cannot be held responsible by the Customer for functions in source code, associated plugins or other used software in the services offered. This includes any damage, data loss, lost earnings, loss of working time or the like due to properly applied tools, software and hardware errors or misconfigurations.
• Costs for repairing damages as a result of the Customer’s breach of this agreement shall be incurred by the Customer. This also includes Cloudify's time consumption at the current hourly rate.

15. Pricing

• All prices quoted are excl. 25% VAT. The applicable price is the current price stated on the day of the order for the service in question.
• Prices quoted are valid as of the order date and can be changed at any time by Cloudify with a 1-month notice to be applied for the following period.
• We reserve ourselves for any printing errors.

16. Warranty and return policy.

• When purchasing digital services in the form of advertisements, acquisitions, etc., the Customer has no right of return by law and cannot, in principle, be reimbursed for the purchase.
• Digital warranty will not be granted for 2 years on digital services. You have the right to rectify any defects in the service that can be attributed to the nature of the service unless it is due to the Customer’s circumstances or other external circumstances for which Cloudify under Danish law cannot be held responsible.
• If you experience any problems with the service, please contact Cloudify as soon as possible. The error must be reported within one month of occurrence, otherwise, it will be considered to be at your own risk. Cloudify reserves the right to cancel a complaint in case of delayed reporting of errors, but will as far as possible try to be flexible through dialogue with the Customer.
• If the integration in the Customer’s case is futile or incomplete, the case is assessed for the potential of refund upon request.
• The complaint must contain a complete explanation of why the solution does not work as expected. Cloudify has absolute sovereignty in assessing the case.

17. Responsibility

• Cloudify provides its service for handling and automation of data transfers. All material and software related to the Cloudify service belong to Cloudify. The customer is responsible for using the tools in the Cloudify platform for any initial troubleshooting and only request support if further assistance is required.
• It is the customer’s responsibility to ensure that data transfer lives up to the expected result and to notify Cloudify of any errors or changes that may occur.
• Cloudify guarantees that the requested service will be performed in a professional manner. There is no guarantee that the service will work as intended in the event of deviations from the standard setup.
• Cloudify disclaims any responsibility for data loss, loss of earnings or any other direct or indirect loss. This applies whether the loss is due to system failure, unauthorized access to the system or non-delivery of ordered services or other conditions applied at Cloudify.
• Cloudify cannot be held responsible for user’s or third parties’ use of the Service or its functions.
• Cloudify cannot be held responsible for any errors caused by third parties.

18. Third Party Systems and Applications

• For certain third-party systems, invoices will be issued from third parties. All integrations will be linked to a subscription.
• Subscription with Cloudify does not cover additional fees and purchases that may be incurred by third parties to enable integration. It is the customer’s responsibility to investigate the supplier’s terms and conditions for their integrated systems, and Cloudify disclaims the responsibility to notify customers of changes in terms, prices and services of third-party system suppliers.
• Cloudify disclaim responsibility for any form of conflicts with third parties.
• Cloudify is not responsible for failure to transmit data as a result of a third party or subcontractor system crash. Cloudify will, as far as possible, take precautions to reduce data loss, but cannot guarantee the correction of errors until the third party or subcontractor resolves their errors or crashes.
• Cloudify continuously updates and maintains its own code. Reservations apply to changes made by third parties that make integrations impossible or fundamentally change Cloudify’s business conditions. Typically, Cloudify will notify customers of relevant changes to Cloudify’s services and terms caused by third-party changes.
• Any form of rectifying errors caused by third-party changes, made by Cloudify at the Customer’s request, is invoiced. Cloudify will typically notify the customer about this before commencing any work.

19. Changes in conditions

• Cloudify reserves the right to change these terms of sale and business terms at the same notice. As far as possible, Cloudify will notify the Customer of significant changes.