Effective: June 1, 2020
In this document, the 21RISK platform and services will be referred to as “21RISK” and “Services”. The definition of a customer is explained below. We have chosen to differentiate between the Customer Terms of Service (this document) and User Terms of Service (“User Terms”). The user terms are relevant for members being invited to an organization in 21RISK.
First Things First
These “Customer Terms” Form a Part of a Binding “Contract”. “We,” “our” and “us” refers to the 21RISK company:
Svanemosen 17 2670 Greve Denmark
Your Agreement On Behalf of “Customer”
When you sign up for 21RISK and create an organization, you must acknowledge this contract and ensure you have the necessary authority on behalf of the Customer to do so.
Customer Choices and Instructions
The “customer” is defined as the organization that you represent when you agree to the contract. If you signed up for 21RISK with a corporate email address, the domain name identifies the customer. If you lose your job, or your workplace decides to transfer the authority to a new representative, we will provide notice and help if needed.
What this means, for us and you as the customer
All members of an organization in 21RISK
Any individuals invited to the organization may contribute with content, such as messages or files (“customer data”). The customer may exclusively provide us with instructions on what to do with this data.
The customer must inform all authorized users of all Customer policies and practices that are relevant to their use of 21RISK, and any settings that may impact the processing of customer data. It is also the responsibility of the customer to ensure that all data transfers and processing are lawful.
With a subscription to 21RISK you as a customer get access to premium and enhanced features. A subscription can both be bought through our web application itself, or after agreeing to a written agreement. All users authorized to a givens customers organization must accept our User Terms before they can activate their subscription.
It’s easy to change the subscription term, and add more users if needed. Please check our website for current prices. In our help center, you can read more about updating subscriptions and inviting users.
Testing out new features
We might invite selected users to become beta testers. “Beta” or “pre-release” means features that are not production-ready, but provided “as is”. Any warranties or contractual commitments we make in other legal documents including this one, do not cover beta products. This makes it possible for us to improve new features, before rolling them out.
Feedback is welcome
Any feedback is very welcome, and there is a chance we will use/implement the feedback. We don’t cover any obligation or compensation to the customer, or any authorized users, for feedback. Even when we don’t implement ideas given in feedback, we still appreciate it.
Customer and authorized users
Use of the service
The customer must respect the terms of services (this document), including our “Acceptable Use Policy.” The customer is responsible for ensuring that no minors under 16 will use the software. It is also the responsibility of the customer to ensure that the usage of 21RISK complies with legal requirements. 21RISK is not responsible for providing any hardware or high-speed internet connections, this is solely the responsibility of the customer.
If we believe that for some reason there is a violation of the contract, we will in most cases contact the customer to fix the issues rather than intervene. If we believe that it’s necessary to intervene, we can direct action, to protect 21RISK, authorized users or third parties.
Customers can see the price for subscriptions when buying them on our website. We take payment in advance, and the payment obligations are non-cancelable and non-refundable.
In the case where a paying customer chooses to downgrade from a paid plan to our free tier, the customer will still have to pay any unpaid fees. We will also continue to deliver the premium features, until the expiration of the initial paid plan.
In the case we agree with the customer to invoice by e-mail, the payment must be received within thirty (30) days from the invoice date. If 21RISK is subject to tax withholding by any government, the customer must reimburse us for such withholding tax.
Adjustment of prices
21RISK reserves the right to change fees and payment terms. Such changes will not take effect until the start of the next subscription term. 21RISK will provide you with written notice if we change any terms. If you continue to use our Service after the price change becomes effective, you hereby agree to the new terms and fees.
Fair Billing Policy
In 21RISK we believe that our customer’s payment to us should be directly related to the success we help you achieve in your work with risk management. Because of this, we offer a fair billing policy , where the customer only pays for what they actually use. We call this the “Fair Billing Policy”. Enterprise agreements use fixed prices, and the "Fair Billing Policy" is therefore not applicable to them.
Any credits a customer may obtain as part of a promotional campaign, or simply through the application of our Fair Billing Policy, will expire when the contract expires. The credits can’t be changed for currency, and will not be transferable or refundable.
In the case, a paying customer is on the premium plan and chooses to downgrade to a free plan, any credits will expire after 90 days. If you have any questions regarding this, please contact 21RISK.
If a customer fails to meet the payment obligations and is more than 30 days overdue, we may, without limiting our other rights and remedies, downgrade the customer to a free plan. We will always warn the customer in advance. The customer will then experience 21RISK on the free plan, with only a subset of features and other limitations described on our pricing page.
Providing the 21RISK service
We make 21RISK available to our customers, and all authorized users, and also make sure to not use or process our customer’s data for any purpose without the Customer written instructions (as long as the usage of the data is not included necessary for the performance of the contract).
Protecting customer data
The protection of our customer’s data is a top priority at 21RISK. Safeguarding is more than just ensuring encryption of data, but also helps our customers limit unnecessary access to 21RISK, prevent unauthorized access, prevent disclosure of data, etc. If we choose to share our customer’s data with any sub-processors, we will make our own due diligence, to make sure that the third parties have high data practices for security and confidentiality. To read more about how we ensure safety, please read our “Security Overview.”
What’s yours is yours
Customers own all customer data. When the customer agrees to this contract, the customer will grant 21RISK a worldwide, non-exclusive, license to access, use, process, copy, distribute, perform, export, and display customer data (including all of the customer's authorized users).
And What’s Ours is Ours
We own and will continue to own our 21RISK services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.
Term and Termination
21RISK offers a free plan to make sure the customer can try the product, and ensure there is a good match (refer to our “Acceptable Use Policy” to read more about acceptable usage). Paid plans have a subscription term, that may expire or be terminated. A contract is effective until all subscriptions are terminated, or the contract itself is terminated. If a contract is terminated, all subscriptions will also be terminated.
Subscriptions automatically renew, to ensure customers continued access to 21RISK. When a subscription renews, it will renew with the same schedule either monthly or annually. If the customer or 21RISK wants to cancel the subscription, notice must be given at least thirty days before the end of a subscription term, to prevent the automatically renewing.
Termination for cause
If the customer is not respecting the terms and conditions or using 21RISK in violation of applicable law, we may terminate the Contract immediately. If 21RISK fails to deliver what we promise in terms and conditions, the customer must notify us and provide us with 30 days to fix the issue, before the Customer can terminate the contract.
Termination Without Cause
A customer in the free tier is different and can cancel at any time without cause. 21RISK can also terminate a free-customers service, but we will always give at least 30 days prior written notice.
Effect of Termination
After the termination of a contract, the Customer must pay any unpaid fees covering the remainder of the subscriptions. In no event will any termination of the Contract/subscription remove the obligation of the customer to pay 21RISK any fees from the period before termination.
Data Portability and Deletion
When the customer has an active subscription, the customer will be permitted to export and share certain data from 21RISK. The customer agrees that the ability to export data might be limited or unavailable depending on the type of plan in effect.
After a contract is terminated, we have no obligation to provide customers' data unless legally prohibited by law. Please contact 21RISK by email to initiate the deletion of customer data.
Representation of customer
The customer must have the legal power to enter this contract. The customer further represents and guarantees the conduct of its Authorized Users and their compliance with this terms of service document.
Limitation of liability
The Parties shall be liable for any direct damages arising out of or relating to the performance or non-performance of their respective obligations under this Agreement in accordance with the general principles of Danish law.
Limitations on liability.
In no event will the Parties be liable for any indirect losses, including loss of profits, business, revenue, consequential loss, and goodwill.
The aggregated liability of either Party for default under an Order Form shall in no event exceed an amount equal to the total fees paid by the customer for the Subscription Services and/or Professional Services under such Order Form in the preceding one(1) month period prior to the occurrence of the cause or action giving rise to the claim or if no such fee have been paid, ($10 USD)
The aggregate liability above shall not apply to the liability of a Party in respect of wilful misconduct or gross negligence, as defined under Danish law, breach of intellectual property rights, and breach of confidentiality obligations.
Please note that the customer is responsible for storing any credentials securely. 21RISK will not be responsible for any information lost or damaged to the customer or anyone else if credentials are not kept confidential.
The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.
Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time to time. We don’t want to list customers who don’t want to be listed, so the Customer may send us an email to email@example.com stating that the customer does not wish to be used as a reference.
Neither us nor Customer will be liable because of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties; No Third-Party Beneficiaries
The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries to the Contract.