Terms and Conditions
Topics:
-
Basis of Contract
-
Provision of the Services and Service Provider’s Obligations
-
Client’s Obligations
-
Fees, Payment, and Records
-
Intellectual Property Rights
-
Data Protection
-
Confidentiality
-
Third Party Links and Services
-
Limitations of Liability
-
Termination
-
Submissions
-
Site Management
-
No Waiver
-
Force Majeure
-
Modifications and interruptions
-
Miscellaneous
-
Dispute Resolution Process
-
Law and Jurisdiction
-
Contact Information
The Terms and Conditions were last updated on 2nd August 2024.
1. Basis of Contract
The purpose of these Terms and Conditions (the "Terms") is to outline the rules and guidelines for the use of the NIVI online platform. These Terms are designed to ensure a fair, safe, and efficient environment for all users, and to protect the interests of both the Platform and its users.
These terms and conditions are a legally binding contract between you personally or on behalf on an entity (“you”, “user”) and NIVI Aps, Business Centre Nord, Lyngbyvej 20
DK-2100, Copenhagen, Denmark, CVR: 44360705 (“NIVI”, ”we”, “us”) .
By accessing or using NIVI, you agree to be bound by these terms and conditions. We reserve the right to make changes to the terms and conditions. The current terms and conditions will be accessible online and include the date on which they were last changed.
We will notify you upon changes in the terms and conditions, but it is your responsibility to make yourself known to the current terms and conditions. By continuing to use NIVI after a change of terms and conditions you will be deemed to have accepted the changes.
Modification of the Terms and Conditions
2. Provision of the Services and Service Provider’s Obligations
By signing up, we grant you a non-exclusive and non-transferable right to use NIVI. You are a registered user of NIVI, once you have signed up with at least an email address and password and have confirmed your email address.
NIVI is a tool for emission accounting. The tool calculates emission for scope 1, 2 and 3 based on company data that you provide. We reserve the right to make adjustments to the functionalities as long as the major functions of the paid plan stay the same.
We reserve the right to suspend or limit the use of NIVI if the use may result in material harm to NIVI or its users or to comply with laws and regulations which NIVI is subject to.
We provide access to NIVI and are responsible for its operation. In case of issues with the service, you can find contact for support on the site.
NIVI may not provide a complete report required by the authorities and does not report directly to the authorities. We cannot be held responsible for any damages resulting from late or incorrect reporting.
3. Client’s Obligations
By agreeing to these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter legally binding contracts on behalf of your employer and that your employer agrees to be bound by these terms and conditions. You warrant that you are not a minor in the jurisdiction in which you reside.
You agree to use NIVI in a lawful manner. You shall not use NIVI to provide a service to third parties, distribute NIVI and its properties in any way to third parties.
The responsibility to keep your login data and password confidential lies with you. We are not responsible for any damage that results in the willing or unwilling transmission of login data on your side.
You as the client are liable for any damage that is traceable back to any virus or malware transmitted from you. This includes liability for costs in connection with system scans and removal by a third party as well as possible downtime.
You carry the full risk for any loss of data. Data backup is your sole responsibility. We are authorized but not obligated to carry out backups of your data.
4. Fees, Payment, and Records
By signing up to NIVI you gain access to all functionalities that are part of the free plan. The free functionalities are the same for all users. We reserve the right to charge for additional services, future releases and functionality and adjust the availability of the free functions.
For our paid services, we may change our pricing with prior notice. In the case that pricing is not accepted by you, you have the right to terminate the contract before the price change.
Payments are accepted in US Dollars or in Danish Kroner. The accepted form of payment is bank transfer.
We reserve the right to refuse any order placed through NIVI.
5. Intellectual Property Rights
All content, including text, graphics, photographs, trademarks, logos, icons, user interface, software and computer code, included but not limited to layout, design, structure, selection, colour scheme, arrangement of content is owned by or licensed to us. This content is protected by copyright, trademark and other intellectual property and competition laws.
By using NIVI you have access to use the results of NIVIs calculations and graphs shown by NIVI for internal and commercial causes. The intellectual property rights for the calculations and graphics and any other content that is presented to you on the NIVI platform remain with NIVI.
By uploading content to NIVI, you allow NIVI to use the data in a manner to provide its service to you. You are liable for the property rights of the content you upload to NIVI.
6. Data Protection
We respect your data privacy and security. Please review our privacy policy for the use of personal data. By using the NIVI platform, you agree that your personal data is handled according to the NIVI privacy policy.
Personal Data
Any company data that is collected on NIVI is provided by you on the platform. All data you enter into NIVI will be stored by us and used for our service. We will not collect any additional data to what is used to provide our service to you.
The data is used in a way to fulfil the service that we at NIVI provide which means to perform the automated calculations which are part of NIVI.
Customer Data
The data that is entered by you will remain in your property. We reserve the right to use pseudonymised data for the purposes of improving our service and creating statistics. For these purposes the individual datasets will never be shared or displayed.
Data Collection and Processing
We store the provided data encrypted on Microsoft Azure servers . To protect your data, we use appropriate technical security measures such as encryption and measures on an organizational and administrative level. These measures are aimed against misuse, unauthorized access, or disclosure.
The data you enter to NIVI will be stored as for as long as you do not delete it manually in the service or the contract is terminated (See effects of termination). In such cases you are obliged to secure your data beforehand as it is not restorable after being deleted. It is your responsibility to export all data before the termination date of the contract. We will save the data that is legally required even if you delete it, or the contract is terminated.
In case of a security breach, we will inform you without undue delay after we have discovered the breach.
Data Storage
7. Confidentiality
Both parties undertake to not disclose any confidential information of the other party regarding the business, assets, affairs, customers, clients or suppliers of the other party.
The parties can disclose confidential information to their employees, officers, representatives or advisors for the purpose of carrying out its obligations under or in connection with the contract. The parties ensure that everyone to whom they disclose confidential information comply with the confidentiality. The parties may also disclose confidential information on the other party as required by law, a court of jurisdiction or any governmental or regulatory authority.
Both parties shall not use the confidential information of the other party for any other purpose than to perform their obligations under or in connection with the service NIVI.
NIVI may disclose or transfer your personal data to the following third parties:
-
The administration of the data is managed by employees of NIVI and Copenhagen Energy Partners Aps. The information will therefore be shared with relevant employees of Copenhagen Energy Partners Aps.
-
Service Providers: To process and store your information we rely on service providers for data storage and cloud services and IT system service providers and software vendors:
-
Microsoft for office applications and cloud services
-
Niveta Soft S.L. software development
-
Wix.com Ltd. for website hosting
-
8. Third Party Links and Services
The NIVI platform may contain links to third-party websites, services, or resources that are not owned or controlled by NIVI. These links are provided for your convenience only and do not imply any endorsement by us of the content or services provided by these third parties.
NIVI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You agree that NIVI is not responsible for any dealings or interactions between you and third parties, including any terms, conditions, warranties, or representations associated with such dealings or interactions. Any concerns or questions you have regarding third-party websites or services should be directed to the third party in question.
When you access or use third-party websites, services, or resources, you do so at your own risk. It is your responsibility to review the terms and conditions and privacy policies of any third-party website or service that you visit or use. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9. Limitations of Liability
In no event shall Nivi Aps be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use the Software, even if advised of the possibility of such damages.
NIVI only works correctly if the provided data is correct and trueful. NIVI cannot be held liable for any damages that result from untrue data that was provided by you on NIVI. We are not obligated to check your data for accuracy. The service is performed based on the provided data and the onus for the accuracy and completeness lies with you as the client. The responsibility of reporting and for accurate numbers lies with the user.
We cannot guaranty that NIVI will not malfunction as result of extenuating circumstances, such as programming bugs, hacking, or other software interference. We test the platform regularly but cannot rule out malfunctions entirely.
Liability restrictions for any malfunction
10. Termination
You can stop using the free service and cancel paid subscriptions by sending a termination request at admin@nivi.digital. A cancellation of the free service will be effective within 30 days. The cancellation of paid subscriptions will take effect at the end of the current payment term and needs to be sent 30 days prior to the next payment date. The termination does not relieve you of any obligation to pay any outstanding fees.
Termination by us
We hold the right to terminate the contract with prior notice. Reasons for termination can be but are not limited to refusal to agree to the terms and conditions by the customer.
The access for services without fee can be terminated after 3 years of inactivity and adequate prior notice to the email address that is used for signup.
Effects of Termination
Termination by you
All data will be deleted after the termination of the service. After that the data cannot be restored and therefore not be requested, it is your responsibility to export any necessary data in time (Data Protection). We keep all data that is legally required from NIVI.
11. Submissions
Any submissions you provide to us, such as but not limited to questions, comments, suggestions, ideas or feedback regarding the Site are non-confidential and we are entitled to use them for any lawful purpose, commercial or otherwise without acknowledgement or compensation to you.
12. Site Management
We reserve the right to monitor our site for violations of these Terms and Conditions, take appropriate legal action against anyone who violates our Terms and Conditions and refuse, restrict or limit the availability of NIVI or to otherwise manage the Site to protect our rights and property and to ensure the proper functioning of NIVI.
13. No Waiver
A waiver of any breach of the Terms and Conditions is not deemed a waiver of any other breach.
14. Force Majeure
Delay in performance, except payments of due amounts, that is caused by conditions beyond the reasonable control of NIVI is not a breach of the Terms and Conditions.
15. Modifications and interruptions
We reserve the right to modify, change or remove any contents from NIVI. We will not be liable for any modification, suspension or discontinuance of NIVI.
As we may experience hardware, software or other problems or need to perform maintenance on NIVI, this may result in interruptions, delays, or errors. We cannot guarantee the availability of NIVI at all times.
16. Miscellaneous
These Terms and Conditions, along with our Privacy Policy and any other terms published by NIVI on the Platform, constitute the entire agreement between you and NIVI concerning your use of NIVI. This agreement supersedes all prior understandings, agreements, representations, and warranties, both written and oral, regarding the use of NIVI.
No oral or written information or advice given by NIVI, its agents, or employees creates a warranty or increase the scope of the obligations under these Terms.
Any individual modifications or amendments to these Terms must be in writing and signed by an authorized representative of NIVI.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Such a provision shall be modified to the extent necessary to render it valid and enforceable. If a modification is not possible, the provision shall be severed from these Terms and Conditions. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.
Assignment of Rights and Obligations
Entire Agreement
You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without the prior written consent of NIVI.
NIVI may assign, transfer, or delegate its rights and obligations under these Terms and Conditions, in whole or in part, without your prior consent. This includes, but is not limited to, assignments or transfers to a parent company, subsidiary, or affiliate, or as part of a merger, acquisition, or sale of assets.
17. Dispute Resolution Process
If you have any concerns or disputes regarding the Platform or these Terms, we encourage you to first contact our support team to seek a resolution. Our contact information can be found at the end of these Terms.
1. Informal Negotiations
Parties to the dispute shall attempt to resolve any dispute informally by notifying the other party of the dispute and engaging in good faith negotiations to reach a solution. The party initiating the dispute must provide written notice to the other party, outlining the nature of the dispute and the desired resolution.
2. Mediation
If the dispute cannot be resolved through informal negotiations within thirty (30) days, either party may request to engage in mediation. Mediation will be conducted by a neutral third-party mediator agreed upon by both parties.
The mediation process will be confidential and conducted in accordance with the rules and procedures of the mediation service provider selected by the parties.
3. Arbitration
If the dispute is not resolved through mediation within sixty (60) days, it shall be finally resolved by binding arbitration. Arbitration will be conducted under the rules of the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), or any other arbitration institution agreed upon by the parties.
The arbitration shall take place in Denmark, Copenhagen, unless the parties agree otherwise. The arbitration proceedings and any judgment or award shall be confidential.
The arbitrator's decision shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
4. Costs and Fees
Each party shall bear its own costs and expenses incurred in connection with the dispute resolution process, including mediation and arbitration, unless otherwise agreed by the parties or determined by the arbitrator.
5. Exception
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
6. Governing Law
This Dispute Resolution Process shall be governed by and construed in accordance with the laws of Denmark without regard to its conflict of law principles.
By using the Platform, you agree to the above dispute resolution process. We appreciate your cooperation and commitment to resolving disputes amicably and efficiently
18. Law and Jurisdiction
The terms and conditions of this agreement are governed by Danish law and are subject to jurisdiction in Denmark.
19. Contact Information
If you have any questions about NIVI’s terms and conditions, please do not hesitate to contact us. Email us at: admin@nivi.digital or use our contact form.
Get in touch
Business Centre Nord, Lyngbyvej 20
DK-2100, Copenhagen
Denmark
Find on Google Maps
CVR: 44360705
See our Privacy Policy
See our Terms and Conditions
© 2023 - 2024 Nivi Aps. All Rights Reserved
