- AgileLeanHouse (“ALH”) represents AgileLeanHouse A/S, registered in Denmark: Niels Finsensvej 20 – DK-7100 Vejle, Denmark, VAT DK30279751, https://AgileLeanHouse.com.
- ALH SaaS Tool represents a Software-as-a-Service cloud-based system provided by ALH accessed through subdomains below https://AgileLeanApps.com. This includes:
- Customer represents a person or a legal entity who has purchased a product or a service from AgileLeanHouse or initiated a trial period, e.g. an ALH SaaS Tool subscription with an account in the ALH SaaS Tool .
- Webshop represents the webshop at https://AgileLeanShop.com, through which a Customer can purchase products or services.
- User represents a person who is not necessarily a Customer but holds a user profile in a ALH SaaS Tool. The Customer can add multiple Users to a site account in ALH SaaS Tool.
- Personal Data represents personal information about Users and Customers in the ALH SaaS Tool and the Webshop respectively.
- Customer Data represents the data that Customers and their Users themselves put into the ALH SaaS Tool.
- Agemba and other ALH SaaS Tools are Software-as-a-Service based on-line collaboration and transparency workflow tool brought to the market by ALH.
- The product Agemba and its standard functionality is described here: https://Agemba.com.
3. Service ”As Is”
- The ALH SaaS Tools are offered to online Users on an “as it is” basis and with the standard functionality offered at https://AgileLeanApps.com. Users are solely liable for assessing whether the ALH SaaS Tool suits their needs and for the results obtained by using the ALH SaaS Tool.
- As any other software-based tool, ALH SaaS Tool may contain bugs. Such bugs will if possible be fixed during the continuing development and maintenance of ALH SaaS Tool, but ALH does not warrant any suitability for any particular purpose or assume any legal responsibility for the use of or follow-on effects of the use of ALH SaaS Tool.
- ALH SaaS Tool is accessed via the Internet.
- ALH intends that ALH SaaS Tool is available to the User without interrupts, but does not guarantee such availability. It is therefore recommended that the User plans his use of ALH SaaS Tool so that any downtime produces the least possible negative effects.
- Planned downtime is announced at least 48 hours in advance.
- ALH SaaS Tool is backed up daily. The backup is kept for 30 days before it is deleted.
- ALH SaaS Tool is updated on an ongoing basis. Such amendments may result in changed or perceived reduced functionality.
4. User Rights and Duties
- ALH SaaS Tool may only be used within the scope and guidelines stated by ALH.
- Users are required to keep secret usernames and passwords used in ALH SaaS Tool. The Users shall indemnify ALH from any misuse of its usernames and passwords, whether such misuse is done by the Customer, the Users, or any third party who has gained access to said usernames and password.
5. Data Security Policy
5.1 Data Processing and Ownership
- All technical information and data pertaining to ALHs services are the property of ALH. This includes data generated based on a user’s interaction with ALH SaaS Tool and generated using ALH SaaS Tool or the Webshop.
- The Customer holds the exclusive rights to the data that are input. All Customer Data is the Customers’ property. ALH is the data processor but the customer is the data controller.
- We distinguish between Personal data that ALH explicitly collects e.g. for user profiles – and Customer Data that is of personal or sensitive character.
- If any Customer Data contains other people’s Personal Data this scenario is solely the responsibility of that Customer. ALH can not be held accountable for to what extent the Customer has the right to store data on behalf of other actors.
- ALH has a standard data processing agreement (DPA) available as part of the site subscription account. If the Customer wishes to use their own processing agreement, this must be sent to and signed for by ALH with a closing date of 10 working days. If ALH has not received an alternative processing agreement, ALH’s own standard Processing agreement becomes effective.
- When a Customer’s own data processing agreement has been signed, this agreement becomes effective retroactively. If ALH cannot approve the Customers own data processing agreement, ALH’s standard data processing agreement remains effective.
5.2 Data Access and Security
- Our webshop and websites are hosted by INTERNET 123 Aps (i123.dk, VAT DK27514685). ALH SaaS Tool runs on servers at Amazon Web Services (AWS) in their data center in Ireland. These function as sub-data processors for ALH. All Personal Data that a Customer/User may enter on a website/webshop or in ALH SaaS Tool will be stored with i123.dk or in AWS data centers. i123.dk and AWS do not process the Customer’s personal information directly.
- Information regarding purchase or shipment is handled by Pensopay.
- The Customers personal data, order- and subscription history, etc., is stored in the Webshop and synchronized with accounting. The Webshop is a WooCommerce shop hosted at i123.dk. Payments are handled through the PensoPay payment gateway. Upon purchase of subscriptions the credit card information is stored securely in the payment gateway for recurring payments. Subscription details and the Customer’s name/email are also synchronized automatically with ALH SaaS Tool.
- The Personal and Customer data of users in ALH SaaS Tool is stored in a database and data storage in AWS. This data is available to other users in the Customer’s account when they are logged into ALH SaaS Tool. Users only have access to a customer account if they explicitly have been added by the account administrator appointed by the Customer. An account administrator can always remove access from a User.
- The Personal and Customer data of users can furthermore be made available for select employees at AgileLeanHouse, however, only for support or IT-administrative purposes. Neither Personal Data nor Customer Data in ALH SaaS Tool are accessible to any third-party entities.
5.3 Procedure in Case of Security Breach
The following becomes effective if ALH becomes aware of a suspicion of or an actual breach of data security:
- ALH’s IT team will contact the potentially involved customers as well as ensure that the damage induced is minimized. Precautions will be put in place to avoid any similar breaches in the future.
- ALH’s IT team will report the incident and corresponding follow-up action to the Danish Data Protection Agency: https://www.datatilsynet.dk/english/report-a-breach
7. Suspension and Termination
- ALH may unilaterally suspend the User’s access to ALH SaaS Tool for non payment of fees, misuse of the product, breach of confidentiality or any breach of the terms and conditions of use. In the event of a suspension ALH will immediately notify the User and provide a reasonable opportunity to rectify the situation. Suspension may be revoked when ALH has verified that the reason for suspension has been remedied and the appropriate fees paid see: https://AgileLeanShop.com/agemba
- A User’s subscription continues until terminated. After the initial period, the subscription may be terminated by either party by giving 30 days’ online or written notice to the end of a calendar month. 30 days after the expiry of the subscription, no matter the cause, the User’s data is automatically deleted, except for such data that ALH is required to keep according to Danish law.
8. Limited Liability
- The User is solely liable for any use of ALH SaaS Tool; ALH is not liable for either the content the User has stored or generated in ALH SaaS Tool or the User’s use of the same.
- Each party is liable for damages in accordance with the general rules of Danish law, with the following exceptions:
- ALH’s duty to pay compensation shall in no event exceed an amount equal to six months’ subscription fees.
- Neither party is liable for operational losses, unrealised savings, consequential losses or indirect losses. Loss of data and expenses used to reestablish or reinstall data shall be deemed indirect or consequential losses.
9. Force Majeure and Other Service Obstacles
- ALH shall not be liable to the User, if ALH is prevented or delayed in performing its services by circumstances over which ALH has no control. For example, war, riots or acts of terrorism, strikes or lock-outs, epidemics, pandemics or effects thereof, natural disasters, computer virus, hacking, DoS- or DDoS-attacks, spamming, crypto attacks or other abnormal circumstances affecting ALH systems or networks, public orders or orders from rights holders or other circumstances over which ALH has no control.
- ALH may change these terms.
- Users will be notified about the updated terms and asked to accept the changes.
11. Governing Law and Venue
- These Terms shall be governed by and construed in accordance with substantive Danish law and without regard to conflict of law provisions.
- Any dispute arising out of or related to these Terms, which cannot be settled peacefully, must be brought to the Danish Institute of Arbitration.
- The party initiating proceedings must pay the registration fee. The loser must pay the balance of the costs.
- The arbitration must take place in Copenhagen and the arbitration must be in English.