Terms & Conditions

Terms and Conditions
Obiyen by AWORK Group A/S
Godthåbsvej 8B, 2. floor
2000 Frederiksberg
CVR: DK34725845

Introduction

These terms apply to the use of Obiyen’s system and related services. By signing up and/or creating an account with Obiyen, you agree to comply with these terms.

Definitions

System: The digital platform made available by Obiyen for use by businesses and the public sector, including functions for planning, reporting, data, communication, administration, etc.

Customer: The legal entity that has signed up for the system and has access to assign licenses and users.

User: Any person created in the system by the customer who has access to use it under the customer’s license.

Use of the System

• Account creation and access
  The customer creates an account with the necessary information. The customer is responsible for ensuring that the information is correct and up to date. Account information must not be shared with unauthorized persons.
• Licenses and users
  The system is used through license-based access. The customer may assign licenses to employees or other internal users. Licenses may not be shared between individuals. The system must be used in accordance with applicable law and good IT practice.
• System functions
  Obiyen offers functions depending on the subscription type, including for example workflow management, documentation, data monitoring, and integration with third-party solutions, etc. The functionality may be updated on an ongoing basis.

Data Handling and Security

Personal data
Obiyen complies with GDPR. The customer is the data controller for all personal data uploaded to or processed through the system and must ensure the necessary consent and legal basis.

Data processing agreement
A data processing agreement between Obiyen and the customer is an integrated part of these terms and is available at www.aworkone.dk/databehandleraftaler.

Security
Obiyen applies appropriate technical and organizational measures to protect data. The customer is responsible for protecting its own login details and system access.

Prices and Payment

Our services are offered on a subscription basis with different levels of functionality and pricing. The subscription is renewed automatically unless it is terminated in accordance with our termination terms.

Payment must be made according to the stated prices and payment terms. For orders that are not user licenses, partner licenses, or department licenses, payment is made upon conclusion of the offer via a regular invoice. Other payments are generally made through the Obiyen system, where payment can be made by payment card, and otherwise via invoice issued when the offer is concluded (upon acceptance/order). Acceptance of an offer may take place by signing the offer and sending it to Obiyen by letter or email, as well as by email and/or by phone, where the customer indicates acceptance. By accepting the offer, the customer also accepts Obiyen’s current terms and conditions at all times. Receipt of payment for invoiced services is also considered acceptance of the offer and Obiyen’s terms and conditions. An invoice fee will appear on the invoice unless you are signed up for Betalingsservice or Leverandørservice.

All prices are in Danish kroner and exclude 25% VAT. Reservations are made for taxes, pricing errors, proofreading errors, changes, and increases, etc.

Termination and Expiry

If the customer wishes to terminate the agreement, Obiyen must receive the termination no later than three months before the agreement expires. You may terminate your subscription at any time by contacting our support team at support@obiyen.com
and specifying whether you wish to terminate your full engagement or only certain user licenses. If the written termination is not received by Obiyen in due time, i.e. three months before expiry, the customer will be invoiced for the next period. The next period will have the same duration as the period chosen by the customer when entering into the offer. The date of entering into the offer is the applicable date for the notice period. However, if the customer has a month-to-month subscription, then the notice period is the current month plus three months. This means that payment must be made for the current month plus three months, and this applies to all licenses/users held at the time of termination. If you have an annual subscription, it still applies that the agreement must be terminated three months before the end of that year, otherwise it is renewed and payment must therefore be made for all licenses/users held at the time of termination for the next period. Upon termination, Obiyen reserves the right to invoice the full amount for the remaining period of the solution, where any discounts will also lapse, with immediate payment required. Upon termination of the agreement, all data related to the specific agreement will be deleted 14 days after expiry.

If you wish to delete your account completely, please contact our support department at support@obiyen.dk
. Please note that if this happens, we cannot restore the data. Obiyen is not responsible for loss of data in this regard.

We reserve the right to suspend or close your account if you violate these terms or use the system in a way that may harm our services or reputation.

Obiyen reserves the right to terminate a company’s subscription if the company is under bankruptcy or insolvency.

Obiyen does not offer a right of withdrawal or refund policy.

Intellectual Property Rights

Obiyen’s system and the information provided through the system, except for application data and third-party systems, are protected by copyright and other intellectual property rights and belong to or are licensed to Obiyen. Individually developed software also belongs to Obiyen unless otherwise agreed in writing. The user must immediately notify Obiyen of any current or potential infringement of Obiyen’s intellectual property rights or unauthorized use of the system that the user becomes aware of.

No intellectual property rights to the system or other material on the website or in the system are transferred to the user.

With regard to material uploaded by the user and all system data, the user grants Obiyen and its suppliers a license and global permission sufficient for Obiyen to operate the system properly and fulfill its obligations. The user guarantees that the uploaded material does not infringe third-party rights and does not contain material that may be offensive or contrary to applicable law or other rules.

General

When creating the customer’s profile, the customer agrees to receive general customer messages as well as news from Obiyen, including news containing offers, updates about the system, operational status, etc.

By accepting an offer, the customer also accepts that the customer’s information may be shared between Obiyen’s companies (including AWORK A/S). The information shared includes: name, address, company name, CVR number, offers, and orders. The information is only shared in relation to the customer’s orders so that Obiyen can deliver the ordered services.

Obiyen reserves the right to assign this agreement, including related rights and obligations, to a third party – including in connection with internal group reorganizations, merger, demerger, business transfer, or sale of business activities. The customer accepts that in such cases the agreement will continue with the receiving company without requiring separate acceptance, provided that the receiving company assumes all obligations towards the customer. The customer will be informed in writing before such transfer takes effect.

Disclaimer of Liability

Obiyen disclaims all liability in connection with these terms, services, or use of the Service, whether arising in or outside of contract, including consequential damages or other indirect losses, as well as losses caused by simple negligence.

Obiyen cannot be held liable for third-party solutions that are available or integrated with the system. Obiyen therefore assumes no responsibility for the accuracy, completeness, quality, or reliability of information from such third-party solutions, nor for the results achieved through them. Furthermore, Obiyen is not responsible for the availability, security, or functionality of third-party solutions, including any damage and/or loss caused by such solutions.

The user agrees to indemnify Obiyen against any claim or loss due to product liability, loss suffered by third parties, or liability towards third parties, to the extent this is caused by your use of the system.

Obiyen is not responsible for breakdowns or temporary interruptions in the system, failures in power supply or internet connection, vandalism of the system (both physical and in the form of computer viruses or hacking), or other conditions and circumstances beyond Obiyen’s control.

Use of the system, including for example automatic scanning of vouchers, sensitive documents, and assistance from Obiyen support as well as other communication with Obiyen, should only be regarded as guidance. Obiyen cannot be held responsible for this.

Information on our website, in our system, or in our supplementary products/services must not be regarded as legal, tax, or other professional advice or service.

Operation and Stability

Obiyen strives to maintain maximum operational stability but cannot be held responsible for breakdowns or operating disruptions, including disruptions caused by circumstances beyond Obiyen’s control. This may include, for example, power failures, equipment failures, problems with internet connections or telecommunications, and the like. The application and service are provided as is, and Obiyen disclaims any guarantee, warranty, endorsement, or similar terms, whether direct or indirect.

In the event of breakdowns or disruptions, Obiyen will do everything possible to restore normal operation as quickly as possible.

Planned interruptions will generally be placed in the time period from 21:00 to 06:00 CET. If it becomes necessary to interrupt access to the Application outside this time period, prior notice will be given to the greatest extent possible.

Changes to the Terms

We may update these terms from time to time. You will be informed of significant changes, and your continued use of the system after such changes constitutes your acceptance of the updated terms.

Governing Law and Jurisdiction

Any legal proceedings arising from this contractual relationship must always, regardless of the amount involved, be brought before the Court in Helsingør. This jurisdiction clause applies only in civil proceedings, regardless of the general rules on jurisdiction in the Danish Administration of Justice Act and any international jurisdiction rules.

Danish law and legal principles apply, excluding the rules of the international sale of goods law, CISG.

Communication and Data Sharing

By registering, the customer accepts receiving system-related messages and information about operations, updates, and new features. Customer data (contact information, licenses, order details) may be shared with companies under Obiyen, as well as AWORK A/S, for the purpose of delivering services.

Support

Our support team is ready to help you with any questions or issues. You can contact us by email or phone.

Contact Information

Email: support@obiyen.com

Phone: (+45) 88 37 47 88