Terms and Conditions for Agile Lean House A/S

Agile Lean House A/S
Fyrre Allé 3, 6040 Egtved
Denmark
Phone: +45 27836190
CVR/VAT: DK30279751

Terms of Trade

1. Company Information

1. Agile Lean Shop (agileleanshop.com) is owned and operated in Denmark by AgileLeanHouse A/S (hereafter referred to as “ALH”).
2. ALH  helps organizations get more value from their efforts, through education, coaching and toolmaking.
3. ALH is owned by employees and a network of interested stakeholders.

2. Products

1. Agile Lean Shop has the following categories of products:
2. (Product class 1) Courses and education in Scrum and Agile Lean Leadership including follow-up events.
3. (Product class 2) Licenses and subscriptions for online tools, especially ALH’s Agemba online software solution and other ‘Software as a Service’ tools (SaaS tools).
4. (Product class 3) Physical tools for the daily work of organizations; in particular those that work with Scrum and Agile.
5. (Product class 4) Subscriptions with access to digital resources, discounts, tools and support hours.
6. (Product class 5) Access to digital media and files.

3. Delivery and Shipment

1. Physical products and tools (Product class 3), like Estimation poker, etc. will be sent via mail to the supplied physical address.
2. The delivery time for your order is 1-4 working days.
3. ALH primarily uses PostNord for shipment of your ordered items and alternatively GLS, Bring or UPS.
4. Freight cost is calculated from the weight of the items.
5. You can choose to have your shipment sent with delivery to your home/company address or the nearest package shop.
   1. Shipping to other countries than Denmark is not available through the webshop. Please contact info@agileleanhouse.com if you wish to have have your delivery shipped outside Denmark.
6. You will receive a Track and Trace-id upon shipment, which allows you to track the shipment at all times.
7. Shipping is handled by the Webshipper shipping platform provided by Parcelfeeder.

4. Delivery (Non-Physical Items)

1. When purchasing subscriptions for the Agemba/SaaS tool software solution (Product classes 2 and 4) access codes etc. will be delivered to the supplied email address no later than 8 working hours after the purchase.
2. For courses and education (Product class 1), a confirmation of participation is sent to the supplied email address no later than 8 working hours after the purchase. Material for preparation etc. is sent to the email address approximately one week before the start of the course.
3. For subscriptions (Product class 4), a subscription ID, etc. is sent to the supplied email address no later than 8 working hours after the purchase.
4. When purchasing digital files (Product class 5) download information and potential password information is sent t

5. Return of Products and Withdrawal

1. The purchase of a subscription to the Agemba/SaaS tool software solution (Product class 2 and 4) cannot be rolled back, as Agemba/SaaS tool is sold solely to officially registered organizations. Any subscription to Agemba/SaaS tool can be canceled with 30 days’ notice before the normal end of the subscription.
2. Participation in training courses (Product class 1) can be canceled up to one month before the start of the course without penalty and the full paid course fee will be transferred back to the customer. For cancellations within a month and one week before the start of the course, ALH will reimburse the customer 50% of the paid amount. Cancellation less than a week before the start of the course is not possible. Cancellation shall be done in writing to info@agileleanhouse.com. Individual agreements for participation in a later course can be agreed to via email at info@agileleanhouse.com.
3. Purchased subscriptions and digital products (Product Classes 4 and 5) cannot be returned or credited.
4. When returning physical products and tools (Product Class 3), shipping to ALH is paid for by the customer. Returned goods must be unused to be accepted as returned. Customers have 14 days from receipt to return goods upon delivery.
5. The cancellation request must be notified to us no later than 14 after the delivery, and be with us no later than 14 days after we are informed of your use of the right of cancellation/withdrawal. If you wish to make use of your right to withdraw the purchase, you must send us an e-mail om info@agileleanhouse.com. In your message, make us aware that you want to use your right of withdrawal.

6. Warranty

1. There is a 2-year warranty on physical products according to the Danish Sales Law (Product Class 3). The warranty applies to all errors in materials and fabrication.
2. Complaints regarding errors and defects must be reported to ALH in a reasonable time after the goods have been received. We consider a maximum of 1 month as a reasonable time unless otherwise agreed. We will refund reasonable shipping costs.
3. The warranty does not apply if the items have been handled improperly or unusually.
4. ALH covers return costs to a reasonable extent.

7. Payment and Security

1. ALH accepts online payments with the following credit cards Visa and Mastercard via the payment gateway PensoPay.
2. For physical products (Product class 3) the payment will only be deducted from your credit card when the product is shipped unless otherwise agreed or stated on your order.
3. For courses (Product class 1) the payment will only be deducted from your credit card when confirmation of participation is sent to the supplied email address and the order is completed.
4. For online subscriptions (Product class 2 and 4) or access to digital files (Product class 5), the payment will only be deducted from your credit card when access to the online service or digital product has been granted and the order is completed.
5. Payment will only be deducted from your credit card when (unless otherwise agreed or stated on your order): (Product class 1) the order for the course is completed or (Product class 3) the physical item is shipped or (Product class 2, 4 and 5) access to the online service or digital product has been granted.
6. All prices on the website are exclusive of VAT.
7. The website uses the following currencies for pricing: Denmark – Kroner (DKK), USA – Dollars (USD) and Euro (EUR)
8. ALH uses a secure payment server that encrypts all information with SSL protocol, meaning your data is secure and cannot be read by other third parties.
9. ALH’s website also uses encryption with SSL protocol.
10. Account information is stored in the ALH’s shop system (WooCommerce).
11. Upon purchase of subscriptions the credit card information is stored securely in the payment gateway for recurring payments.

8. Data Processing and GDPR

1. ALH registers names and email addresses of users and customers; read more about how compliance with GDPR is achieved here…
2. Learn more about your consumer protection when paying online with PensoPay’s payment service solution here…

9. Contact

1. AgileLeanHouse is available for SaaS tool support, complaints and other inquiries on normal Danish business days between 10:00 and 15:00 CET via tel. +45 27836190 or via mail at support@agileleanhouse.com.

10. Changes

1. AgileLeanShop reserves the right to change these Terms of Trade from time to time without contact or warning to customers.

11. Governing Law and Venue

1. All trade through the webshop AgileLeanShop is governed by the substantive law of Denmark.
2. Any dispute arising from trade conducted through the webshop AgileLeanShop can be brought before the Danish courts.
3. For citizens of Europe who reside outside of Europe, complaints must be submitted through the EU Commission’s Online Complaints Platform: ec.europa.eu
4. Should any of the clauses in these Terms of Trade conflict with the governing law, this shall not cause the whole document to be regarded as defunct, only the offending clause shall be regarded as defunct, any topics covered by such a clause shall be covered by common governing law.

Subscription Terms of Service

These Subscription Terms of Service apply to a Customer with an Agemba/ALH SaaS tool Subscription, i.e. the person or legal entity responsible for managing the site account and subscription. For details regarding only ordinary Users of Agemba/ALH SaaS tool, see here.

1. Definitions

1. AgileLeanHouse (“ALH”) represents AgileLeanHouse A/S, registered in Denmark: Fyrre Allé 3 – 6040 Egtved, Denmark, VAT DK30279751,  https://AgileLeanHouse.com.
2. ALH SaaS Tool represents a Software-as-a-Service cloud-based system provided by ALH accessed through subdomains below https://AgileLeanApps.com. This includes:
   1. Agemba accessed at https://agemba.agileleanapps.com
   2. ALH Membership Portal accessed at https://membership.agileleanapps.com
   3. Cool Estimation accessed at https://estimation.agileleanapps.com
3. 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.
4. Webshop represents the webshop at https://AgileLeanShop.com, through which a Customer can purchase products or services.
5. User represents a person who is not necessarily a Customer but holds a user profile in an ALH SaaS Tool. The Customer can add multiple users to a site account in ALH SaaS Tool.
6. Personal Data represents personal information about Users and Customers in the ALH SaaS Tool and the Webshop respectively.
7. Customer Data represents the data that Customers and their Users themselves put into the ALH SaaS Tool.

2. Terms of Service

1. These Terms of Service (the ”Terms”) apply to all online use of ALH SaaS Tool, the online collaboration and transparency workflow tool and accompanying services.
2. Agemba and other ALH SaaS Tools are ‘Software-as-a-Service’ based online workflow tools brought to the market by ALH.
3. The product Agemba and its standard functionality are described here: https://Agemba.com.
4. This is referred to as Product Class 2 in the general Terms of Trade above.

3. Service ”As Is”

1. 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.
2. As with 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 the 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.
3. ALH SaaS Tool is accessed via the Internet.
4. ALH intends that ALH SaaS Tool is available to the User without interruptions, 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.
5. Planned downtime is announced at least 48 hours in advance.
6. ALH SaaS Tool is backed up daily. The backup is kept for 30 days before it is deleted.
7. ALH SaaS Tool is updated on an ongoing basis. Such amendments may result in changed or perceived reduced functionality.

4. User Rights and Duties

1. When having paid the appropriate fees, the Customer receives a non-perpetual, non-exclusive, non-transferable right to have several people (“Users”) with different profiles depending on the actual licenses chosen, access and use ALH SaaS Tool.
2. ALH SaaS Tool may only be used within the scope and guidelines stated by ALH.
3. The Customers and the Users, respectively, 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. Fees and Commercial Details

1. The ALH SaaS Tool site subscription and payment for it is managed by the Customer logging into Agile Lean Shop. This customer account is not the same as the end-user account used for logging into ALH SaaS Tool.
2. The Customer can purchase a subscription and upgrade/downgrade a subscription from within the shop. Each change in the subscription is handled as separate orders.
3. The subscription is prepaid every month or year, depending on the chosen payment interval. The Customer is required to pay for the subscription through the means of payment methods offered by ALH on the website. The Customer commits to sign the necessary documents and to have sufficient funds available for payment through the chosen payment method at each payment date.
4. ALH’s fees for Agemba and payment terms are found at https://AgileLeanShop.com/agemba
5. ALH SaaS Tool is only offered for business entities, not consumers, and therefore Users have no right to regret a subscription.

6. Data Security Policy‌

6.1 Data Processing and Ownership

1. 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.
2. The Customer holds exclusive rights to the data submitted. All Customer Data is the Customers’ property. ALH is the data processor but the customer is the data controller.
3. For management of Personal Data and privacy policy, see section 7.
4. We distinguish between Personal data that ALH explicitly collects e.g. for user-profiles – and Customer Data that is of personal or sensitive character.
5. 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.
6. 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.
7. 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.

6.2 Data Access and Security

1. 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.
2. Information regarding purchase is handled by Pensopay.
3. Information regarding shipment is handled by ParcelFeeder.
4. 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.
5. 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.
6. 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.

6.3 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:

1. 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.
2. 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. Privacy Policy / GDPR‌

1. Personal information is treated in accordance with ALH’s privacy policy, whereby a User or Customer has the right to see, edit and even erase their Personal data. This policy can be found here…

8. Suspension and Termination

1. ALH may unilaterally suspend the User’s/Customer’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 to see: https://AgileLeanShop.com/agemba
2. 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.
3. Prepaid subscription fees are not refunded.

9. Limited Liability

1. 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.
2. Each party is liable for damages following the general rules of Danish law, with the following exceptions:
   1. ALH’s duty to pay compensation shall in no event exceed an amount equal to six months’ subscription fees.
   2. Neither party is liable for operational losses, unrealized savings, consequential losses or indirect losses. Loss of data and expenses used to reestablish or reinstall data shall be deemed indirect or consequential losses.

10. Force Majeure and Other Service Obstacles

1. ALH shall not be liable to the Customer 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.

11. Changes

1. ALH may change these terms, including changing the price for using ALH SaaS Tool.
2. Customers will be notified about the updated terms and asked to accept the changes.

12. Governing Law and Venue

1. These Terms shall be governed by and construed following substantive Danish law and without regard to conflict of law provisions.
2. Any dispute arising out of or related to these Terms, which cannot be settled peacefully, must be brought to the Danish Institute of Arbitration.
3. The party initiating proceedings must pay the registration fee. The loser must pay the balance of the costs.
4. The arbitration must take place in Copenhagen and the arbitration must be in English.