Terms and conditions

Congratulations on your selection and welcome to SEO.ai!

Please read the terms and conditions carefully, as they are binding on any use of the SEO.ai Solution.

1. Parties and application  

1.1 These Terms and Conditions (“Terms”) is a legal agreement between SEO.ai (“SEO.ai”, “we”, “us” or “our”) and you (“User”).    

1.2 The TERMS governs your use of our Solution available at SEO.ai, by subscribing online to use the Solution, so please read these Terms carefully before using the Solution.

1.3 By clicking the setup’s accept (or similar button), you acknowledge that you have read, understood, and agree to be bound the terms and conditions of these Terms.

2. Definitions  

2.1 Unless otherwise defined or the context otherwise requires, capitalized terms used in the TERMS shall have the following meaning:

Clause - refers to relevant clause in these Terms.

Content Output - refers to final articles, keywords, SEO content suggestions, and all other material generated by your use of the Solution.

User - means any individual subscribing to the Solution and who uses the Solution. Effective Date - means the date from when SEO.ai makes the Solution available to the User.

Intellectual Property Rights - means all intellectual property rights of any kind (whether or not they can be subject to registration and whether or not they are registered or are subject to an application for registration), including, but not limited, copyrights, patent rights, rights to interventions, rights in designs, trade or business names, domain names as well as rights in the proprietary information, technology, and knowhow and all other rights or forms of protection of a similar nature.

License - means the right to use the Solution in accordance with the subscription and subject to the terms set out in these Terms.

Party - means either the User or SEO.ai.

Parties - means the User and SEO.ai.

SEO.ai Account - means the account of an User subscribing to the Solution. Solution means SEO.ai’s software-as-a-service (SaaS) solution provided to User on an “as is” and “as available” basis accessible via SEO.ai’s website.

Subscription - means the license to the Solution for which the User pays a fee either monthly or yearly.

Subscription Term - means the initial period for which the User subscribed as well as any subsequent renewal period.

Subscription Fee - means the either monthly or yearly payment from the User for the license to use the Solution.

Subscription Trial - means a one-time right to use the Solution for evaluation purposes, without charge, for a period of seven (7) days (or such other period as may be specified on the Website) from the date of subscribing to SEO.ai and creating the SEO.ai Account.

User Content - means texts, files, links, images, photos, and other material and content submitted to the Solution by the User.

3. subscription and access  

3.1. Access and use of the Solution requires the User to set up an SEO.ai Account by subscribing to the Solution online. User may invite other Users to subscribe to the Solution.    
3.2. User is responsible for maintaining the security of the SEO.ai Account and provide and maintain correct information. User is responsible for its own use of the SEO.ai Account in accordance with the terms of these Terms.  
3.3. Upon payment of the Subscription Fee, the Solution may be used by the User. The User must have an appropriate internet connection in order to access the SEO.ai Account.

4. Grant of rights  

1. With effect from the Effective Date, and during the Subscription Term, SEO.ai grants to User, a worldwide, limited, non-exclusive, non-transferable, revocable license to use the Solution.    
2. The Solution may only be accessed and used by the User itself.  
3. SEO.ai is entitled to further develop, enhance, change or modify the Solution, provided such development, change, enhancement or modification does not materially decrease the functionality of the Solution.

5. User restrictions  

5.1. General Restrictions:
The license grants no rights to:      
5.1.1. Use the same Subscription concurrently on more than one (1) device.      
5.1.2. Work around technical limitations in the Solution.      
5.1.3. Rent, lease, reproduce, modify, adapt, create derivative work of, distribute, sell or transfer the Solution software.      
5.1.4. Provide access to a third-party, incl. third-party contractors, which have not subscribed to the Solution either as an individual User.      
5.1.5. Reverse engineer, decompile, diassemble, modify, translate or make any attempt to discover the source code of the Solution software.  
5.1.6. Use the Solution software in any way which breaches any applicable law, applicable technology controls or export laws and regulations.    

5.2. User Content and Content Output:      
5.2.1. When using our Solution User is able to submit texts, files, links, images, photos, audio, mixed media content and other material and content to the Solution (“User Content”). The User Content may be included in the final articles, keywords, SEO content suggestions, or other material generated by your use of the Solution (“Content Output”).  
5.2.2. User accepts and acknowledges that your submitting, creation and use of User Content and all Content Output of any kind is your responsibility only and are subject to these Terms, and you agree that the User Content and Content Output are:            
a. Accurate and not in violation of law;            
b. Not confidential;            
c. Not in violation of contractual restrictions or third party rights;            
d. Not abusive, harmful, libellous, profane, obscene or otherwise objectionable;            
e. Not for commercial purposes or business solicitations; and            
f. Free of viruses, corrupting files, interference, worms and other malicious code.      

5.2.3. You accept and acknowledge as part of your responsibility for User Content and Content Output that you are subject to the specific terms of liability set forth in Clause 11.

6. subscription fee  

6.1. User shall pay the Subscription Fee in accordance with the payment process provided on the Website. The User shall provide customary billing and tax information such as name, credit card information and VAT number (for EU residents). User agrees to pay the Subscription fee in full and in advance, and hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by SEO.ai or indirectly via a third party online payment processor.  

6.2. All Subscriptions are final and there shall be no refunds except as expressly provided in these Terms or as required by law.

7. subscription trial  

7.1. Subject to the terms of these Terms, User is granted a one-time right to use the Solution for evaluation purposes, without charge, for a period of seven (7) days (or such other period as may be specified on the Website) from the date of subscribing to SEO.ai and creating the SEO.ai Account (“Evaluation Period”).  

7.2. User’s use of the Solution during the Evaluation Period shall be limited to internal evaluation and testing of the Solution for the sole purpose of determining whether the Solution meets User’s requirements and whether User wishes to continue using the Solution.  
7.3. User may end the Evaluation Period at User’s sole discretion any time. Upon the expiration of the Evaluation Period, User’s Subscription will automatically continue and be subject to payment of the Subscription Fee, unless User chooses to terminate the Subscription Trial within the Evaluation Period.

8. intellectual property rights  

8.1. The Solution and the herein included are trade secret information of SEO.ai. SEO.ai is the owner of the Solution and all Intellectual Property Rights vested herein. All title and ownership rights to the Solution and the herein included shall at all times remain with SEO.ai.    
8.2. Unless expressly stated in any agreement between the Parties, neither Party will;      
8.2.1. have any right, title, claims, or interest in or to the other party’s Intellectual Property Rights, or;      
8.2.2. remove, alter, or obscure any trademark, service mark, logo or other proprietary notices incorporated in or accompanying the Solution.  
8.2.3. SEO.ai claims no intellectual property rights over User data, User Content or Content Output.  
8.2.4. SEO.ai may use any generic and anonymous information, which is derived from the User’s use of the Solution and which is not personally identifiable information, for development of the Solution.

9. Feedback  

9.1. If User chooses to provide ideas of any kind, SEO.ai has a non-exclusive, transferable, irrevocable, worldwide, royalty-free license to make, use, sell, have made, offer to sell, reproduce, publicly display, modify, or publicly perform the Feedback in any matter without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

10. Suspension  

10.1. Any use of the Solution, in breach of these Terms, including unintended or illegal use, or User’s failure to meet any obligations in these Terms, may result in SEO.ai suspending the Solution. If SEO.ai suspends the Solution, the User shall be notified immediately and given an opportunity to remedy such violation. If the User is unable to remedy the violation within fourteen (14) calendar days, SEO.ai is entitled to terminate the TERMS and the applicable Subscription.

11. Limitation of liability  

11.1. Our liability:      
11.1.1. Nothing in these Terms shall limit or exclude our liability for:            
a. death or personal injury resulting from our negligence;            
b. fraud or fraudulent misrepresentation; or            
c. any other liability that cannot be excluded or limited by applicable law.      
11.1.2. We will not, in any circumstances whatsoever, be liable to User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms for:            
a. loss of profits, sales, business, or revenue;            
b. business interruption;            
c. loss of anticipated savings;            
d. loss or corruption of data or information;            
e. loss of business opportunity, goodwill or reputation; or            
f. any special, indirect or consequential loss, damage, charges or expenses.      
11.1.3. Subject to above, our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of:            
a. DKK 500.00, or            
b. the aggregate amount paid or payable by Customer during a 3-month period preceding the event for the Solution giving rise to the Liability.    

11.2. Your liability:      
11.2.1. You are liable to any third party for claims resulting from your use of the Solution, including for:            
a. loss of profits, sales, business, or revenue;            
b. business interruption;            
c. loss of anticipated savings;            
d. loss or corruption of data or information;            
e. loss of business opportunity, goodwill or reputation; or            
f. any special, indirect or consequential loss, damage, charges or expenses caused by your breach of these Terms.      

11.2.2. Your liability includes any claim arising out of your submitting of User Content and use of Content Output cf. Clause 5.

12. warranty disclaimer
12.1. We do not make any representation, warranty or guarantee  as to the quality, reliability, suitability, performance, availability, completeness or accuracy of any Solution or that (I) the Solution will operate in combination with other hardware or software systems; (II) the use of the Solution will be uninterrupted, secure or free of errors; (III) stored or presented data will be accurate and reliable; (IV) errors or defects will be corrected on a schedule not controlled by SEO.ai; or (V) that any Solution available as a hosted service is free of viruses or other harmful components.

13. Third party software  

13.1. “Third Party Software” is software, including open-source software, that is contained in or provided with the Software and is licensed by a third party under its own terms of use (“Third Party Terms”). Third Party Software is governed solely by the applicable Third Party Terms and not by these Terms

14. severability  

14.1. Should any term or condition hereof be declared illegal or otherwise unenforceable, it shall be severed from the remainder of these Terms without affecting the remaining sections.

15. force majure  

15.1. Neither party shall be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, riots, war, terrorist act, epidemic, pandemic, quarantine, war, strikes or labour disputes, embargoes, government orders or any other Force Majeure event.

16. personal data  

16.1. When creating your SEO.ai Account, we process your personal data.  
16.2. Personal data is data that may – indirect or direct – refer to you, such as an address, gender, name, email address etc.  
16.3. We refer you to our Privacy Policy for more information about how we process your personal data.

17. term and termination  

17.1. These Terms shall commence upon acceptance by User and shall continue in full force and effect through the end of the applicable Subscription Term. The TERMS and Subscription will automatically renew and continue for successive Subscription Term (of same length as the initial period), unless terminated in accordance with the “Termination Section” below.  
17.2. Customer may terminate these Terms at any time by cancelling the subscription in the SEO.ai Account or by contacting SEO.ai via email.  
17.3. If such termination occurs during a Subscription Term, this Agreement will continue to be effective until the end of that Subscription Term. Such termination does not relieve User the obligation to pay any outstanding Subscription Fees owed to SEO.ai, and no credits or refunds will be issued to User for prepaid Subscription Fees.

18. governing law and dispute resolution  

18.1. Any dispute between User and SEO.ai must be settled under Danish law, with the exception of CISG, the District Court in Copenhagen as the agreed venue, with usual reference and appeal rights.  
18.2. If you are a consumer and live in the European Union, you may be entitled to address any dispute with us through an internet platform for online dispute resolution established by the European Commission (the "ODR Platform"). The ODR Platform is intended to facilitate out-of-court resolutions relating to online purchases of goods and services between consumers and traders based in the European Union. You will find the ODR Platform by following this link: http://ec.europa.eu/consumers/odr/.

19. Contact information

Ninety ApS
Diplomvej 381
2800 Kongens Lyngby
Company Registration No.: 43096990
Email: support@seo.ai