Terms and Conditions
The Following Document Outlines Our Terms of Service

By using the software and services of Prozapia Ltd, you agree to be bound by the following terms without modification, conditions or notices.

1. Fees and Services

Prozapia offers a range of software applications and services. In most cases there is a free trial available. At the end of a free trial you agree to either pay applicable fees or stop using the software or service. Subscriptions are available on monthly or annual prepaid, non-refundable contracts.

All contracts will renew, unless you change or discontinue the Service. Not using the service, will not be considered a discontinuation.

To discontinue a service, send an email to mail@prozapia.com.

Contract upgrades are effective immediately. While contract downgrades are effective as of next renewal date.

Prozapia’s Privacy Policy is available on Prozapia’s website. The Privacy Policy in force at any given time applies to this Agreement and is an integral part hereof.

Prozapia may change its fee structure and/or provide an upgrade at any time with 14 days notice. New rates will be in effect as of the next renewal period.

If you cancel a subscription, you will receive no refund.

2. Member Responsibilities

To use the software or service, you must provide Prozapia with necessary and accurate information.

You are solely responsible for any use and all activities that occur under your account.

You agree to notify Prozapia of any unauthorized use of your account or any other breach of security known you know of.

You agree to let Prozapia use your organization’s logo and your company name for corporate reference and for marketing and promotional purposes.

3. Indemnification

You agree to indemnify, hold harmless and defend Prozapia, its contractors, its licensors and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings and suits, arising from your use of the software or service, including but not limited to your violation of this Agreement.

You agree to also indemnify the same against any and all expenses connected hereto, including attorneys’ fees.

4. Disclaimer of Warranties

The Service is provided ‘as is’. Prozapia and its contractors don't give out warranties of any kind, expressed or implied.

Neither Prozapia nor its contractors promises that the software, service or websites will be error free, free of viruses or other harmful components, or that access will be continuous or uninterrupted.

You agree that the use of the software or service is at your own discretion and risk.

5. Limitation of Liability

Prozapia will not be liable to you or any third-party claimant for any direct or indirect damages (including and without limitation: loss of profits or loss of data), whether based on a claim or action of contract, warranty, negligence, or other tort, breach of any statutory duty, indemnity, contribution, or otherwise. The exclusion contained in this paragraph will apply regardless of the failure of the exclusive remedy provided in the following paragraph.

Some jurisdictions do not allow the limitation or exclusion of liability to the extent stated above. In such case, Prozapia and its contractors’ total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed the total paid-in fee from you to Prozapia within the 12 months previous to the date the claim is first brought against Prozapia.

6. Service Levels

Prozapia does not guarantee that the software, service or website will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance or force majeure.

7. Proprietary Rights Notice

The Service, including any content on the Service and all underlying technology (including all intellectual property rights embodied therein) is and shall remain the sole and exclusive property of Prozapia and shall be protected in accordance with applicable copyright laws and other legislation. No license to any underlying technology is granted. You will not, nor will you allow any third party to reverse engineer and/or create derivatives of the software, service or website using any method possible. You will not, nor will you allow any third party to modify the software, service or website in any way. You will use the software, service solely for your commercial use and will not make the Service available for any type of external service such as, but not limited to, an application service provider.

If you provide feedback, ideas or suggestions regarding the software, service or website, Prozapia is free to use it.

8. Termination

Prozapia may terminate the software, service and/or access to the software or service at any time and for any reason without notice.

If you wish to terminate this Agreement or your service, you may simply stop using the Service. However, this Agreement will remain in effect, including and without limitation, warranty disclaimers, indemnity, limitations of liability and proprietary rights.

9. Modifications

Prozapia reserves the right at its sole discretion to change or replace any part of these terms. Prozapia will inform you if changes are made to the Agreement. Your continued use of the Service or access to the Prozapia website following the changes is an acceptance of those changes.

10. Miscellaneous

You agree that Prozapia in no shape or form is responsible for issues like performance or refusal of service caused by 3rd party operators.

This Agreement represents the complete agreement between you and Prozapia and supersedes all prior statements, agreements and representations between the parties.

You may not assign or otherwise transfer any of your rights under this Agreement without Prozapia’s prior written consent.

Prozapia has the right to assign and/or transfer any of its rights or obligations under the Agreement to any third party. Prozapia will notify you of such transfer.

11. Severabilty

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

12. Applicable Law and Venue

This Agreement will be governed by the laws of Denmark.

In the event of any conflicts between foreign and Danish law, rules, and regulations, Danish law, rules, and Danish regulations will govern.

Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Copenhagen, Denmark.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act] will not apply to this Agreement.

A waiver of any default is not a waiver of any subsequent default.

Last updated 01-01-2019 (DD-MM-YYYY)