Terms & Conditions
About Lift Relations
Lift Relations ApS (“Lift”) has developed the Lift Platform (hereafter the “Platform”), an online system designed to conduct relationship evaluations to assess risks and opportunities as well as to improve and prolong the relationships.
The Platform allows Lift customers (the “Customer”) to create and send out web-based evaluations with relevant questions designed for the working relationship.
Specifications and Support
The Customer shall be provided with an online live account available at ww2.Liftrelations.com hosted by Lift on a subscription basis.
Lift aims to continuously improve and update the functionality and features of the Platform.
Lift will attempt to perform all scheduled maintenance at times which will affect the Customer of the Platform the least. Due to updating and conditions outside of Lift control, Lift cannot guarantee uninterrupted, error-free, secure or timely availability of any part or all the hosting services.
Any system errors can be reported to Lift at support@Liftrelations.com
Lift grants to the Customer a non-exclusive, non-transferable, limited license to use the Platform solely in accordance with the Terms & Conditions on a subscription basis. Lift owns all software and source codes related to the platform.
The Customer shall pay to Lift the agreed fees. The Customer accepts that the full delivery of the sourced package is delivered upfront on the commencement of Agreement.
Unless otherwise stated, the charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). The Customer is responsible for paying Taxes, except those assessable against Lift measured by its net income. Lift invoice the Customer for such Taxes if Lift believe to have a legal obligation to do so and the Customer agree to pay such Taxes if so invoiced.
Purchases, orders or agreements made between Lift and the Customer are legally binding and cannot be cancelled.
Fees paid are non-refundable.
Fees regarding the delivery of the Platform are paid upfront for the agreed subscription term. Fees for any additional registered individual users are paid in arrears by the end of a subscription term. Fees for any additional services are paid each month in arrears.
If the Customer fails to make any payment, Lift Relations shall, from the due date of such payment, be entitled to a default interest at the rate of 1.5 per cent per month. Such interest is payable without any further notice.
Invoices fall due 14 days after the invoice issuance.
If payment is overdue, Lift Relations reserves the right to close down any access to the Platform and stop the delivery of any additional agreed services without any further notice.
Data Processing Agreement
Lift is subject to the Regulation 2016/679 of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Lift and the Customer enters into a specific and individual Data Processing Agreement, which is deemed part of these Terms & Conditions.
Lift strive to ensure industry standard security on our platform industry best practices to establish and maintain a secure online experience.
When entering the Platform, a secure connection (SSL/https) is used. The certificate is SHA256-G2 (RSA 2048bit) and is provided by GlobalSign. The encryption ensures that communication between the browser and the server is secure.
Lift will make a system back-up daily to prevent loss of data, to the extent possible. However, the Customer acknowledges that it will be solely responsible for the maintenance and security of its own software and data, and Lift will have no liability for any loss or corruption of any such software or data, however caused. In case of observed breach of any of the Customer’s data, Lift will inform the Customer immediately.
The Lift Platform services may be performed using equipment or facilities located in the European Union or the United States. The Supplier’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Lift customers when using the Lift Platform will receive from Lift and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
By agreeing to these Terms, the Customer grants Lift a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Lift Platform. Lift will inform the Customer of changes in such processors in accordance with the procedure of modifying these Terms.
List of processors:
- Microsoft Azure
- Microsoft Office365
Lift will set and access cookies on the user’s computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of the computer so that the site administrator may identify the computer and passively track its activities on the website. This unique number identifies the web browser to Lift’ computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address), which the user have not otherwise disclosed. Cookies allow Lift to automatically remember the user’s web browser when the user visit Lift’ site.
Disclaimers; No warranty
Unless otherwise expressly stated Lift, the Lift platform, and any content, services, or features made available in conjunction with or through the Lift platform are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, supplier and its affiliates disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
Unless otherwise expressly stated by Lift, Lift and its affiliates do not warrant that the Lift platform and any content, customer data, services, or features made available in conjunction with or through the Lift platform will be uninterrupted or error-free, that defects will be corrected, or that the Lift platform and any content, customer data, services, or features made available in conjunction with or through the Lift platform or the server that makes them available are free of viruses or other harmful components.
Unless otherwise expressly stated by Lift, Lift and its affiliates do not warrant or make any representations regarding the use or the results of the use of the Lift platform or any linked sites, in terms of correctness, accuracy, reliability, or otherwise.
The laws of certain countries and states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to the client, some or all of the above disclaimers, exclusions, or limitations may not apply to the client, and the client might have additional rights.
Lift shall not be liable to the Customer or User for any consequences resulting from:
- any modifications in these terms, calculation and rates of fees, the Lift Platform or any part or element thereof (including but not limited to Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Lift Platform
- deletion of, corruption of, or failure to store any Customer Data
- use of Customer Data by the Customer or any of the Users associated with the Account
- upgrading or downgrading the current Plan
- any disclosure, loss or unauthorized use of the login credentials of Customer or any authorized User due to Customer’s failure to keep them confidential
- the Customer’s use of the Account or the Lift Platform by means of browsers other than those accepted or supported by Lift
- the application of any remedies against the Customer or authorized Users by Lift, for example if the Customer or User has committed a crime or conducted a breach of applicable law by using the Lift Platform or any part or element thereof
- the differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Lift Platform are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet
- Lift’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
In addition, Lift and its affiliates shall not be liable to the Customer for any claim by any User, person, Organization or third persons against the Customer arising out of the Customer’s failure to:
- provide Lift with accurate information about the Customer, Users or Account;
- notify Lift of any reasons due to which a User does not have the right to use the Account on behalf of the Customer;
- provide any Products which it has agreed to provide to such a person or Organization (whether such failure arises as a result of Lift’s negligence, breach of these Terms or otherwise);
- ensure the lawfulness of the Customer Data;
- obtain the necessary rights to use the Customer Data; or
- abide by any of the restrictions described in these Terms.
Limitation of Liability
In no event shall the aggregate liability of Lift and its affiliates arising out of or related to these terms exceed the total amount paid by the customer hereunder for the Lift platform giving rise to the liability in the six months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit client’s payment obligations under the “payment terms” section above.
Exclusion of Consequential and Related Damages
In no event will either party or its affiliates have any liability arising out of or related to these terms for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party’s or its affiliates’ remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.
Lift undertakes full discretion and will keep all information about the Customer and/or its user, employees, clients or similar confidential.
Term and Termination
The Customer is granted access to the Platform, when the fee is paid. The subscription period is determined in the Agreement; however, the minimum period is 12 months. During the subscription period the subscription cannot be terminated. If the Customer does not extend the subscription following the Agreement by paying for another 12 months, Lift reserves the right to suspend or terminate any access to the Platform and survey participants and stop the delivery of any additional agreed services without any further notice. The Customer must prepare any needed backups or copy of data before the access is shut down.
At all times during the term of an active subscription, the users can access, extract, or delete data stored in the Lift APP. If a paid subscription ends or is terminated, Lift will retain customer data stored in the Lift APP in a limited-function account for 180 days. No more than 180 days after expiration or termination of a subscription to the Lift APP, Lift will disable the account and delete all data from the account. Once the maximum retention period for any data has elapsed, the data is rendered commercially unrecoverable.
Governing law and venue
The agreement including these Terms & Conditions are governed and construed by and shall be interpreted in accordance with the laws of Denmark, disregarding the Danish choice of law rules.
Any dispute or claim arising out of or in connection with the subscription or any other agreement between the parties which cannot be settled amicably is to be brought before the Copenhagen City Court.
These Terms & Conditions are valid and applicable as from 23. October 2019.