Terms and conditions

1. Introduction

Welcome to Campaign Builder Aps! These Terms and Conditions ("Terms") govern your use of the Campaign Builder Aps software-as-a-service ("SaaS") platform ("Platform"). By accessing or using our Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.

2. Definitions

• Platform refers to the Campaign Builder Aps SaaS platform, including all related services and software.
• User refers to any individual or entity that accesses or uses the Platform.
• Customer refers to the company or entity that subscribes to the Platform and its Affiliates.
• Affiliates refers to any entity that directly or indirectly controls, is controlled by, or is under common control with the Customer.
• Service Order refers to the document executed by the Customer that specifies the services and subscription terms.
• Effective Date refers to the date of signature of the Service Order.
• Agreement refers to these Terms, the Service Order, and any related documents.

3. Services

3.1 Description of Services

Campaign Builder Aps provides a suite of tools for campaign management and analytics. The specifics of the services provided are detailed in the Service Order.

3.2 Service Levels

The Platform will be available in accordance with the Service Level Agreement (Schedule A).

3.3 Service Availability

We strive to maintain a monthly uptime of at least 99.5%, excluding scheduled maintenance. While we make reasonable efforts to ensure platform reliability, we do not guarantee uninterrupted access. Scheduled maintenance will typically be communicated in advance.

4. Use of the Platform

4.1 License Grant

Campaign Builder Aps grants the Customer a non-exclusive, non-transferable, limited license to access and use the Platform in accordance with these Terms and the Service Order.

4.2 Restrictions

Users shall not:

• Use the Platform for any illegal or unauthorized purpose.
• Attempt to reverse engineer, decompile, or disassemble any part of the Platform.
• Share login credentials or allow unauthorized third parties to access the Platform.

4.3 User Responsibilities

Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. Login credentials may not be shared.

4.4 Acceptable Use

You agree not to misuse the Campaign Builder platform. Prohibited uses include, but are not limited to:

• Uploading or distributing content that violates applicable laws or third-party rights.
• Attempting to gain unauthorized access to other user accounts or systems.
• Using the service to distribute spam or malicious content.
• Overloading the platform with automated scripts or excessive API requests.

We reserve the right to suspend or terminate accounts that violate this policy.

5. Fees and Payment

5.1 Subscription Fees

The Customer shall pay the subscription fees as specified in the Service Order. All fees are non-refundable unless otherwise stated.

5.2 Payment Terms

Payments are done with credit card unless otherwise specified in the Service Order.

5.3 Taxes

The Customer is responsible for all applicable taxes related to the use of the Platform.

5.4 Refunds and Cancellations

All subscription fees are billed in advance and are non-refundable, except as required by law. You may cancel your subscription at any time through your account settings, and access will continue until the end of your current billing period. We do not offer partial refunds for unused time or features.

If you believe you have been charged in error, please contact our support team within 14 days of the billing date.

6. Intellectual Property

6.1 Ownership

Campaign Builder Aps retains all rights, title, and interest in and to the Platform, including all related intellectual property rights.

6.2 Customer Data

The Customer retains all rights to any data uploaded or generated by the Customer while using the Platform. Campaign Builder Aps will use such data solely for the purpose of providing the services.

6.3 Third-Party Services

Campaign Builder may integrate with or rely on third-party services (e.g., cloud hosting, analytics, ad networks). We are not responsible for the functionality, availability, or data practices of these third parties. Your use of such services may be subject to their own terms and privacy policies.

7. Confidentiality

7.1 Definition

"Confidential Information" includes all information disclosed by one party to the other that is marked as confidential or should reasonably be understood to be confidential.

7.2 Obligations

Both parties agree to protect the confidentiality of the other party’s Confidential Information with the same degree of care they use to protect their own confidential information, but in no event less than reasonable care.

8. Warranties and Disclaimers

8.1 Warranties

Campaign Builder Aps warrants that the Platform will perform substantially in accordance with the documentation provided.

8.2 Disclaimers

Except as expressly provided in these Terms, the Platform is provided "as is" and Campaign Builder Aps disclaims all other warranties, whether express, implied, or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.3 Beta Features

From time to time, we may offer access to experimental or beta features. These features are provided “as is” and may be modified or removed at any time without notice. Campaign Builder is not responsible for any issues, errors, or data loss that may arise from using beta features.

9. Limitation of Liability

9.1 Limitation

In no event shall Campaign Builder Aps be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Platform.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.

9.2 Cap on Liability

Campaign Builder Aps' total liability for any claim arising out of or relating to these Terms or the Platform shall not exceed the amount paid by the Customer to Campaign Builder Aps during the latest paid period preceding the claim.

10. Term and Termination

10.1 Term

These Terms commence on the Effective Date and continue until terminated by either party as outlined below.

10.2 Termination for Convenience

Either party may terminate these Terms by providing 30 days' written notice to the other party.

10.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches any provision of these Terms and does not cure the breach within 30 days of receiving notice of the breach.

10.4 Effects of Termination

Upon termination, the Customer shall cease all use of the Platform, and Campaign Builder Aps shall cease providing services. Any fees owed by the Customer up to the date of termination shall become immediately due and payable.

11. Suspension of Service

We reserve the right to suspend or restrict access to your account if:

• You are in breach of our Terms, Acceptable Use Policy, or payment obligations.
• Your use poses a risk to system stability or security.
• Required by law or regulatory authorities.

We will make reasonable efforts to notify you in advance, unless prohibited by law or necessary for urgent technical reasons.

12. Force Majeure

We shall not be held liable for any delay or failure in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, internet outages, government actions, labor disputes, or third-party service disruptions.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of laws principles.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the Danish Institute of Arbitration.

13.3 Entire Agreement

These Terms, together with the Service Order and any other documents incorporated by reference, constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

13.4 Amendments

Campaign Builder Aps may modify these Terms at any time by posting the amended terms on its website and providing notice to the Customer. The Customer's continued use of the Platform following such notice shall constitute acceptance of the modified Terms.

13.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.6 Waiver

The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

13.7 Assignment

The Customer may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of Campaign Builder Aps. Campaign Builder Aps may freely assign its rights and obligations under these Terms.

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions, please contact us at support@campaignbuilder.io.