Terms for GAIS Subscriptions
These terms and conditions regulate services in connection with a paid subscription (the Subscription) the Customer has at GAIS.
1. Content of the subscription
The subscription is a standardised product, but deviations can be agreed in a written agreement between GAIS and the Customer.
Support
The Subscription allows access to GAIS’ support for up to 2 contacts in accordance with the Service Level Agreement.
The use of GAIS’ support is time limited and in case of any significant overuse, GAIS reserves the right to bill the customer for this. The following time limits apply, unless otherwise specified:
- GAIS Pro: 6 hours pr. year
- GAIS Premium: 12 hours pr. year
All time spent investigating and communicating the Customers support cases shall count towards this limit unless the error/case can be attributed to areas within GAIS’ responsibility. Content, terms and definitions are described in GAIS’ SLA.
Additional functionality
The subscription contains additional functionality on the GAIS platform. An overview of the additional functionality will always be available at GAIS’ product overview.
New additional functionality added during the customers agreement will be communicated by mail to the Customer. Any specific and unique needs or requirements regarding platform functionality, that’s not part of product, will be handled outside this agreement.
2. Billing terms
Payment is made upon the issuance of an invoice with a payment term of 30 days.
The subscription runs for 12 months, with automatic renewal every 12 months, and does not have a specified end date. The customer will be notified of the automatic renewal no later than 60 days before a new period takes effect.
The customer can cancel the subscription up to 30 days before the end of a 12-month period.
The customer pays an annual subscription fee, which is determined according to the number of participants in the customer’s surveys and the type of product. Upon renewal of the subscription period, adjustments are made for changes in the number of participants so that the price corresponds to the actual number of users.
The annual subscription price is adjusted, rounded to the nearest 100 DKK, annually according to the development in the overall Danish net price index for October, affecting the subsequent billing of the subscription payment.
If the number of users on the platform or the customer’s consumption of GAIS’s support exceeds the original agreement, GAIS reserves the right to invoice the customer for the difference during the subscription period.
In the event of the customer’s failure to pay any invoice, GAIS reserves the right to restrict access and withhold services, as well as terminate the subscription.
Invoicing is done electronically by sending an invoice to an email address provided by the customer.
3. Use of subscription features and services
Access to use the services and platform features included in the subscription is granted exclusively to the customer and may not be used by anyone other than the customer. Additionally, it may not be used for data processing or providing services for anyone other than the customer, without a written agreement with GAIS.
The customer is responsible for and has full liability for employees, consultants, and any other parties to whom the customer grants access to the platform, or who use the customer’s login information.
The customer must ensure that the services and platform features are not used in a manner that could harm GAIS’s name, reputation, or goodwill, or that is in violation of applicable law.
Additional terms and conditions may apply in GAIS’ general terms and conditions.
4. Liability
GAIS’s total liability for each contract year is limited to an amount corresponding to the contract sum that has been paid or is to be paid by the customer.
GAIS is not liable for the customer’s loss of profit, operational loss, loss of earnings, loss of goodwill, or any punitive damages, nor for indirect or consequential losses, unless otherwise stated in the agreement.
Nothing in GAIS’s agreement limits or excludes GAIS’s or the customer’s liability for:
- death or personal injury caused by the negligence of the respective party or their employees,
- fraudulent acts or omissions, theft, gross negligence, or willful misconduct,
- loss arising from breaches of data security obligations,
- claims for damages under this agreement, unless such limitation or exclusion is prohibited under applicable law.
Both GAIS and the customer, their successors, and assigns shall indemnify, defend, and hold harmless the other party for all costs, expenses, including financial obligations, claims, actions, damages, and losses that may arise as a result of or in connection with:
- claims or lawsuits from third parties against a party alleging that its receipt of deliverables or use of equipment or materials supplied by the other party infringes the intellectual property rights of that third party,
- breach of confidentiality provisions,
- fines, penalties, or other sanctions imposed by a court or authority under applicable law.
However, neither party has obligations to the other under this provision to the extent that costs, expenses, etc., under points (a), (b), and (c) arise as a result of the other party’s breach of the terms of the agreement.
5. Breach of contract
In the event of the customer violating the terms in section 3, abusing features and services, or significant overuse, GAIS may terminate the subscription with immediate effect.
If GAIS breaches the subscription, for example, by failing to provide access to the platform and services, the customer may terminate the subscription if GAIS does not remedy the breach within 14 days of being notified.
6. Changes in terms and conditions
GAIS reserves the right to make ongoing changes to the subscription, including content, terms, conditions, and pricing.
If a change is deemed significant for the customer or results in changes to the data processing agreement, the change must be communicated to the contact address provided by the customer at least 30 days before it takes effect.
In the case of significant changes, the customer also has the right to terminate the subscription with 14 days’ notice, but no later than the effective date of the change. If the agreement is not terminated within this period, the change is considered accepted.
Significant changes are considered, among others:
- Price increases beyond index adjustments and corrections for the number of participants.
- Loss of access to features on the platform that the customer actively uses.
- Loss of access to services covered by the original agreement.
7. Other terms
GAIS reserves the right, unless otherwise stated, to use the customer’s logo and name among other customer references on GAIS’s website and in sales materials. The customer has the right to object to this use of their name and logo.