Terms and Conditions

These Terms and Conditions (the "Terms") govern your access to and use of the websites, applications and services (the "Services") provided by OlivoTek ApS, a Danish private limited liability company (Anpartsselskab), CVR 46597451, with its registered office at Ingrid Marievej 51, 1. tv., 2500 Copenhagen, Denmark ("Olivo", "we", "us", "our").

By creating an Olivo Account (the "Account"), or by otherwise using the Services with or without an Account, you agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you may not use the Services.

If you accept these Terms on behalf of a company or other legal entity, you represent that you are authorised to bind that entity and all users who access the Services through its Account. If you operate an organization on the Services, you must ensure that everyone with access to an Account within your organization has read and understood these Terms, and you accept that the actions of such users may result in enforcement measures against the organization's Account.

These Terms do not affect any mandatory rights you have under Danish or EU law, including your statutory rights as a consumer. Where any provision of these Terms conflict with such mandatory rights, those rights prevail and the rest of the Terms continue to apply.

1. Who may use the Services

The Services are available to natural persons and legal entities. To create and maintain an Account you must be at least 13 years old. If you are under the age of majority in your country of residence, you may only use the Services with the consent of a parent or legal guardian, who accepts these Terms on your behalf.

Accounts created by bots or automated means are not permitted and may be terminated without notice. You are responsible for all activity carried out through your Account.

2. Acceptable use

You agree not to use the Services for any unlawful or prohibited purpose. Prohibited activities include, without limitation:

1. Disrupting or interfering with our networks, servers or infrastructure.
2. Accessing, sharing, storing, uploading or distributing illegal content, including but not limited to child sexual abuse material (CSAM) or content related to CSAM.
3. Infringing the intellectual property rights, privacy rights or other rights of Olivo or any third party.
4. Harassing, abusing, threatening, defaming or discriminating against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, disability or any other protected characteristic.
5. Transferring, selling or otherwise assigning your Account to a third party without the written consent of Olivo.
6. Sharing your Account or login credentials, except where explicitly permitted by your subscription plan or authorised by Olivo in writing.
7. Reselling, sublicensing or otherwise making the Services available to a third party, except where explicitly permitted by your subscription plan or authorised by Olivo in writing.
8. Promoting or providing instructions for illegal activities.
9. Creating or operating multiple free Accounts to circumvent the limits of the free tier (e.g. bulk sign-ups).
10. Accessing the Services through automated means (bots, scripts or similar) other than interfaces Olivo explicitly provides.
11. Paying for a subscription using fraudulent means, such as a stolen payment card.
12. Sending spam, that is, irrelevant or unsolicited messages, including for advertising, phishing, or distributing malware.
13. Sending bulk or mailing-list messages to recipients who have not consented to be contacted.
14. Attempting to access, probe or connect to systems or devices without authorisation (e.g. hacking).

Olivo may suspend or restrict an Account that it reasonably believes is engaged in any prohibited activity. Where Olivo applies enforcement measures, it will, to the extent permitted by law and unless prohibited (for example by legal order), give you notice and reason. Olivo may also act in response to a valid order from a competent authority.

Olivo may limit service capacity for Accounts whose use of resources (e.g. bandwidth) is excessive and unfairly degrades the experience of other users.

If you wish to contest a suspension or restriction, you may appeal by contacting Olivo at support@olivotek.com.

3. Inactive accounts

Olivo may suspend or delete free Accounts, and some or all of their associated data, after a continuous period of 12 months of inactivity. Before doing so, Olivo will send notices in advance to the email address associated with your Account.

An Account is considered active if, at least once within any 12-month period, you log in or use any of the Services. Accounts under an active paid subscription are always considered active.

If exceptional circumstances prevent you from staying active, please contact Olivo so that deletion under this section can be prevented.

4. Warranties and liability

The Services are provided with reasonable skill and care.

Olivo has no obligation to store or forward the content of terminated Accounts, or to store content for Accounts that exceed their storage quota. Where the Services use end-to-end or similar encryption, you acknowledge that Olivo may be unable to recover your data if you lose your password.

Consumers: Nothing in these Terms limits or excludes the statutory conformity rights and remedies you have under Danish and EU law for digital content and digital services.

Business users: To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of liability: Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence or intentional misconduct, (d) liability under the Danish Product Liability Act, or (e) any other liability that cannot be limited or excluded under applicable law.

Thus, subject to the paragraph above:

1. Olivo is not liable for indirect or consequential loss, loss of profits, loss of business, business interruption, or loss of data that was avoidable by keeping appropriate backups.
2. The total aggregate liability arising out of or in connection with the Services in any 12-month period shall not exceed the greater of EUR 120 or the total amount you paid Olivo for the Services in that period.

5. Indemnification

If you are a business user, you agree to indemnify and hold harmless Olivo and its parents, subsidiaries, officers, directors, employees and contractors against any third-party claim, demand or damages, including reasonable legal fees, arising out of your use of the Services in breach of these Terms or applicable law.

6. Privacy and data protection

Olivo's Privacy Policy explains how data is collected and used, as well as how Olivo protects personal data in connection with your Account and the Services. By using the Services, you acknowledge Olivo's Privacy Policy. Olivo processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Danish Data Protection Act.

7. Intellectual property

All trademarks, logos, trade names and other proprietary marks displayed on the Services are the property of Olivo or its licensors. Nothing in these Terms grants you any license or right to use them without prior written permission. All goodwill arising from use of our marks accrues to Olivo.

8. Payment terms

Subscriptions are billed on a monthly or yearly cycle selected at purchase. Unless cancelled, a subscription renews automatically at the end of each term, and you will be charged the then current price. You are responsible for keeping your payment details up to date. Subscriptions and credits are linked to the Account for which they were purchased and cannot be transferred.

Price changes: Prices may change. If the price for your renewal term changes, we will notify you in advance and you may cancel before the renewal takes effect. If you do not cancel, the new price applies to the next term. Olivo will not increase the price during the term you have already paid for.

Non-payment: If a payment for a paid Account fails, we may downgrade the Account to the free tier. If the Account then exceeds free-tier limits (e.g. storage, sub-users, etc.), it may be placed in a restricted state limiting certain features. We may delete data in a restricted Account after 3 months in that state. You can remove the restriction by paying for an appropriate plan or by reducing usage below the free-tier limits.

Chargebacks: If you initiate a chargeback or payment dispute, we may suspend your Account pending resolution and may charge you any resulting third-party fees, to the extent permitted by law. This does not affect your statutory rights.

Right of withdrawal: If you are a consumer in the EU/EEA, you have a statutory right to withdraw from a subscription within 14 days of purchase, without giving a reason. However, if you use the Services during the 14-day period, you acknowledge that you lose the right to withdrawal. To withdraw, contact us at support@olivotek.com.

9. Changing your subscription plan

Upgrades: If you upgrade to a different paid plan, the change takes effect immediately. We credit the unused portion of your current plan (calculated on a pro-rata basis) against the price of your new plan, and you pay the remaining balance.

Downgrades: If you downgrade to a different plan, the change takes effect when your current term expires.

Cancellation: To stop auto-renewal, cancel before the end of your current term via your Account dashboard, or by contacting us if you cannot access the dashboard. If you cancel, the change will take effect when your current term expires.

We do not delete data automatically to fit a lower plan's limits and thus, you should reduce usage before downgrading or cancelling.

Billing cycle changes: If you move to a longer billing cycle, the change takes effect at the end of your current cycle.

10. Changes to these Terms

Olivo may amend these Terms at any time for a valid reason (e.g. changes in law, security requirements, or Service features). For material changes, Olivo will give you a reasonable advance notice by email or in-app. If you do not accept the material change, you may terminate your Account before it takes effect. For paid subscriptions you will receive a prorated refund of any prepaid, unused period. Continued use after a change takes effect constitutes acceptance of the amended Terms.

11. Severability

If any provision of these Terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

12. Governing law and jurisdiction

These Terms are governed by Danish law.

Consumers: Nothing in these Terms deprives you of the protection of the mandatory consumer law rules of your country of residence in the EU/EEA, and you may bring proceedings in the courts of your country of residence. Olivo may bring proceedings against you only in the courts of your country of residence.

Business users: Any dispute arising out of or relating to the Terms of the Services shall be subject to exclusive jurisdiction of the Court of Copenhagen, Denmark.

13. Complaints and dispute resolution

If you have a complaint, please contact us first at support@olivotek.com so we can try to resolve it.

If you are a consumer in Denmark and we cannot resolve your complaint, you may bring it to the Danish Consumer Complaints Board. If you live in another EU/EEA country you may contact your local European Consumer Centre (ECC).

14. Miscellaneous

These Terms do not affect your mandatory statutory or consumer rights. Headings are for convenience only. Our failure to enforce a provision is not a waiver of it. We may assign these Terms, or delegate our obligations to contractors or agents, provided this does not reduce your rights. These Terms constitute the entire agreement between you and Olivo regarding the Services and supersede prior communications on that subject.