Terms and Conditions for Tactplan Schedule og Tactplan Control.
Last updated: May 04, 2023
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application/Servicemeans the software program provided by the Company downloaded or used by You on any electronic device, named Tactplan Schedule and Tactplan Control.
- Application Storemeans the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliatemeans an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Accountmeans a unique account created for You to access our Service or parts of our Service.
- Countryrefers to: Denmark.
- Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Exigo A/S, Katrinebjergvej 93B.
- Contentrefers to content uploaded, created or a result of using the Service regardless of the form.
- Confidential Information means all non-public information disclosed by either party, except information that is:
- already known to a party prior to disclosure,
- publicly known through no wrongful act or omission of a party,
- received by a party from a third party without violating any law or contractual obligation.
- independently developed by a party, or
- approved in writing for release by a disclosing party prior to disclosure.
- Devicemeans any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Force Majeure means any event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, pandemics, riots, terrorist attacks and wars), including such events affecting a subcontractor of a party.
- Feedbackmeans feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Trialrefers to a limited period of time that may be free when purchasing a Subscription.
- Goodsrefer to the items offered for sale on the Service.
- In-app Purchaserefers to the purchase of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
- Ordersmean a request by You to purchase Goods from Us.
- Promotionsrefer to contests, sweepstakes or other promotions offered through the Service.
- Subcontractor, provider, and supplier is used interchangeably. See section on Subcontractors.
- Subscriptionsrefer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions(also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Servicemeans any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- You/Yourmeans a paying or non-paying customer whether a legal or natural person.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Consequently, You expressly accept the acceptable use policy, including the terms and conditions therein, and warrant that all users, who is using the Service on behalf of You, adhere to it when using the Service. A user must accept the acceptable use policy before using the Service.
4. User Policies
The Company is not responsible for the Content of the Service whether uploaded, created or a result of using the Service. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You, users working on Your behalf, or any third person using Your account for whatever reason.
4.1. Acceptable Use Policy (included in the Service)
Before using the Service, you must read and accept the following acceptable use policy:
You may not transmit any Content (Content refers to content uploaded, created or a result of using the Service regardless of the form) that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or the like.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
- Conducting any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity.
The Company reserves the right, but not the obligation, to, in its sole discretion, to determine whether or not any Content is appropriate, to refuse or remove content.
The Company further reserves the right to make formatting and edits and change the manner of any Content.
The Company can also limit or revoke the use of the Service if You post objectionable Content.
You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.
All calculations, output and/or results regarding planned activities, progress, quantities, and/or economy must be checked independently of the Service by the user. Namely, the user must always perform a sanity check of the calculations, output and/or results of the Service meaning checking for inconsistencies, discrepancies, and/or mistakes that a correctly trained and experienced senior level professional within the industry should be able to notice.
The name and contact details of the data controller
As we are the data processor for the customer (typically your employer) we are not the data controller. Nevertheless, we are to some extent obligated to assist the data controller regarding data subject rights. Consequently, you can contact us directly and we will within the boundaries of our obligations assist you through the customer.
Alternatively, you can contact customer (typically your employer) directly and they will handle the request in coordination with us.
The purposes of the processing
We provide online cloud-based Services to companies. Typically, the Services are used by employees of our customers. The Service are used for scheduling and controlling building, infrastructure, and energy projects by combining location based, Takt Time, and Gantt scheduling. Also, for the same purposes, our Services include functions to manage time and resources using business intelligence and big data methods.
We continually improve and change the functionalities and features based on the use to provide the agreed service level.
The lawful basis for the processing
As we are located in the EU, the General Data Protection Regulation (GDPR) applies to the collection of personal data irrespective of where the data subject is located.
The basis for our collection and processing are article 6(1b) of the GDPR (processing is necessary for the performance of a contract).
The categories of personal data collected
The personal data we collect fall under Article 6 of the GDPR:
- a) Account information
We collect personal account information such as username, device, log in information, telephone number and e-mail.
- b) Developing the service
We collect data from the devices being used such as browser used, IP address, network location and time zone as well as session duration. We also collect data on how the Service is being used such as what features are being used for what and how.
- c) Security
We use the IP-addresses to detect threats, both proactively and retroactively.
- d) Data subject requests
Finally, we also process relevant personal data in connection with possible data subject requests in accordance with Chapter III in the GDPR. This might entail processing personal data to identify and/or authenticate the data subject making the request.
The recipients or categories of recipients of the personal data
Recipients of personal data might include but is not in all cases limited to IT service providers (data processors) and public authorities (to the extent we are obligated).
The details of transfers of the personal data to any third countries or international organizations
We transfer personal data to third countries outside EU/EEA that the EU Commission has determined has an adequate level of data protection. In cases of transfer to third countries that do not have an adequate level of data protection we use the EU approved standard contractual clauses to ensure an adequate level of data protection. By request we will provide you with a copy.
The retention periods for the personal data
When a user or company requests an account deletion by contacting us at firstname.lastname@example.org, a deletion and anonymization process is activated.
The process includes assessing if we are obligated to store some or all the personal data for a longer period of time according to the GDPR and the applicable local, state or federal laws. If we are not obligated to store the personal data and we have no other lawful grounds for further processing, we delete or anonymize the personal data.
The source of the personal data
The personal data have been obtained during the onboarding process in the system and your continued use.
The details of whether individuals are under a statutory or contractual obligation to provide the personal data
If you do not wish to provide us with the personal data, we need to fulfil the purposes, we are not able to provide you with the full services or functions of the system.
The details of the existence of automated decision-making, including profiling
We do not base any automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR on personal data from users. Thus, no decision is based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects concerning the user.
The rights available to individuals in respect of the processing
As we are bound by the GDPR due to our location you have the following rights:
- Your right of withdrawal of consent – as the processing is not based on your consent this right is not relevant
- Your right of access – You have the right to ask us for copies of your personal information.
- Your right to rectification – You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
- Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
- Your right to restriction of processing – You have the right to ask us to restrict the processing of your information in certain circumstances.
- Your right to data portability – You have the right to ask that we transfer the information you gave us to another organization, or to you, in certain circumstances.
- Your right to object to processing – You have the right to object to the processing of your personal data in certain circumstances.
The rights are limited in scope and application. Moreover, the rights are applied on a case-by-case basis depending on the circumstances and content of the specifik data subject request.
You are not required to pay any charge for exercising your rights.
The right to lodge a complaint with a supervisory authority
You can lodge a complaint with your local Supervisory Authority in the EU by going to the website of the European Data Protection Board and find the relevant contact information.
If you live outside the EU, please contact the Danish Data Protection Agency:
Danish Data Protection Agency
Carl Jacobsens Vej 35
Tel. +45 33 1932 00
We may change the privacy notice from time to time including if we change the purpose of the processing. If we do, we will inform you in the Service. The applicable privacy notice will always be available in the Service.
5.1. Subscription Period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, quarterly, or annually), depending on the type of Subscription plan (per user, per project or flat rate) you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel the Subscription, or the Company cancels it.
5.2. Subscription Cancellation
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, VAT number, and a valid payment method information.
Billing is per electronic invoice or automatically through the Service.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
7. Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
9. Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time, typically 14 days.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time, for convenience and without notice, the Company reserves the right to:
- modify the terms and conditions of the Free Trial offer, or
- cancel such Free Trial offer.
10. Purchase through Reseller
If You purchased our Service from a reseller or distributor authorized by Us (“Reseller”), then to the extent there is any conflict between these Terms and Conditions and the agreement entered between You and the respective Reseller, including any purchase order (“Reseller Agreement”), then, as between You and Us, these Terms and Conditions shall prevail.
Any rights granted to You and/or any of the other users in such Reseller Agreement which are not contained in these Terms and Conditions, apply only in connection with the Reseller. In that case, You must seek redress or realization or enforcement of such rights solely with the Reseller and Us.
For clarity, You and Your users’ access to the Service is subject to our receipt from Reseller of the payment of the applicable Fees paid by You to Reseller. You hereby acknowledge that at any time, at our discretion, the billing of the Subscription fees may be assigned to us, such that You shall pay us directly the respective Subscription fees.
11. In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
13. User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Company provides training to users based on an hourly rate. Please contact us for more information.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
You agree that the license mentioned above includes the right for Us to make Your Content available to other users of the Service subject to the section on Confidentiality.
You represent and warrant that:
- the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and
- the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
16. Content Backups
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide technical support and attempt to troubleshoot any known or discovered issues. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. If technical support is needed, please contact us: email@example.com
17. Intellectual Property Infringements
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
18. Protection of Intellectual Property Rights
The Service is protected by copyright, trademark, and other laws of the Country.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
Nothing in these Terms and Conditions shall operate to assign or transfer any intellectual property rights from the Company to You, or from You to the Company.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
19. Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
20. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The Company must:
- keep Your Confidential Information strictly confidential.
- not disclose Your Confidential Information to any natural or legel person without prior written consent from You.
- use the same degree of care to protect the confidentiality of Your Confidential Information as the Company uses to protect the Company’s own confidential information of a similar nature.
Notwithstanding, the Company may disclose Confidential Information to the Company’s officers, employees, professional advisers, insurers, agents and who are bound by a written agreement or professional obligation to protect the confidentiality of Your Confidential Information.
Confidentiality do not apply to the extent that Your Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of the Company on any recognized stock exchange.
We may terminate or suspend Your Account with 30 days’ notice for convenience, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to end Your Subscription, see under Subscription Cancellation.
23. Limitation of Liability
Notwithstanding any damages that You might incur, the total liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all the foregoing shall be limited to the amount paid for Your latest Subscription Period.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
24. Force Majeure Event
If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
A party that becomes aware of a Force Majeure Event that gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Agreement, must:
- promptly notify the other; and
- inform the other of the period for which it is estimated that such failure or delay will continue.
A party whose performance of its obligations under the Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers/suppliers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s subcontractors makes any representation or warranty of any kind, express or implied:
- that calculations, output and/or results regarding planned activities, progress, quantities, and/or economy are correct,
- as to the operation or availability of the Service, or the information, content, and materials or products included thereon,
- that the Service will be uninterrupted or error-free,
- as to the accuracy, reliability, or currency of any information or content provided through the Service, or
- that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
26. Your Obligations
Without limiting any clause in these Terms and Conditions, You must ensure users:
- learn to use the Service correctly.
- check all calculations, output and/or results regarding planned activities, progress, quantities, and/or economy performed in the Service independently of the Service.
- You guarantee that all users before using the Service are qualified to do so in a way that follows industry standards.
- You namely guarantee that the users are properly and correctly trained and have the relevant experience, qualifications, certifications and time and resources at hand.
- You furthermore guarantee that You check continually to ensure all users stay qualified.
27. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern the Terms.
Your use of the Service may be subject to compliance with local, state, national, or international laws, rules and regulations. Company is not liable for Your legal compliance.
28. Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
The district court of Aarhus have jurisdiction over any dispute or lawsuit under these Terms and Conditions.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
The Company can assign, transfer, or otherwise deal with the Company’s contractual rights and/or obligations under these Terms and Conditions without the prior written consent of You, including assigning the entirety of the Company’s rights and obligations under these Terms and Conditions to any affiliate of the Company or to any successor to all or a substantial part of the business of the Company from time to time.
Company may use subcontractors to perform the obligations under these Terms and Conditions in part or in whole.
34. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 3 months’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to being notified of the contend of the revised terms.
35. Contact Us
If you have any questions about these Terms and Conditions, You can contact us: email@example.com