Terms and Conditions

The Terms and conditions for the use of Najub.com and the services supplied by Najub ApS are governed by “Servicebetingelser” (in Danish). Below is an interpretation of said “Servicebetingelser” into English. In cases of doubt, the Danish version is to be considered the legally binding text.

 

This is a legal agreement (“Agreement”) between Customer (You and/or the company you represent) and Najub ApS.

This agreement govern your access to and use of Najub (“we” or “Najub.com”) website and service (the “Service”).
Please carefully read it before using the Services. By using the Service you agree to be bound by this Agreement. If you are using the service on behalf of an organization, you are agreeing to these Terms for that organization and certifying that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Service only in compliance with these Terms. You may use the Service only if you have the power to form a contract with Najub ApS and are not barred under any applicable laws from doing so. The Service may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any of our content from the Service at our discretion.

Najub ApS, in its sole discretion, reserves the right to revise, update and change this Agreement from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to this Agreement.

You agree to use the Service at your own risk and you understand that Najub ApS is not responsible for the content stored or otherwise posted on the Service. You can review the most current version of this Agreement at any time at Terms and Conditions

1. Your data

By using our Service you provide us with information and files that you submit to Najub (together, “your data”). Doing so you give us permission to process your data for the sole purpose of providing the Service to you and storing and making backups of your data as we see fit in order to safeguard it. You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Service, as explained above.

How we collect and use your information is generally explained in our Privacy Policy.

You acknowledge that Najub ApS has no obligation to monitor any information on the service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posted data or any other information accessible through the Service.

2. Sharing your data

The Services provide features that allow you to share your data with others or to make it public. There are many things that users may do with that data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share and with whom, or what you choose to make public. Najub ApS has no responsibility for that activity. 

3. Your Responsibilities

You are responsible for all activity occurring under your user account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your employer and/or the applicable administrators of your account.

You are responsible for safeguarding the password that you use to access the Service and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity.

You shall:

(i)    notify Najub ApS immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
(ii)    report to Najub ApS immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You or other users to violate this Agreement or the intellectual property rights of third parties; and
(iii)    not impersonate another Najub user or provide false identity information to gain access to or use the Service. 

If your contact information, or other information related to your account, changes, you must notify Najub ApS promptly and keep your information current. The Service are not intended for use by you if you are13 years of age or younger. By agreeing to these Terms, you are certifying that you are over 13 years of age.

Najub ApS will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

4. Najub Software and Intellectual Property

These terms do not grant you any right, title, or interest in the Service, Software, or the content in the Service. While we appreciate it when users send us feedback, please be aware that we may use in our Service any feedback, comments, or suggestions you send us or post in our forums or chat line without any obligation to you. The Software and other technology we use to provide the Service are protected by copyright, trademark, and other laws of both Denmark, the European Union and foreign countries. These Terms do not grant you any rights to use the Najub trademarks, logos, domain names, or other brand features.

In case where they are organizations or companies Najub ApS may include Customer's name in a list of Najub customers on the Najub or Najub ApS website.

5. Other Content

The Service may contain links to third-party websites or resources. Najub ApS does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

6. Termination

We love working for you, however you can stop using our Service any time and we reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. Apart from the case of paid for-accounts, we reserve the right to terminate and delete your account in case you have not used it for the last twelve months. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Najub Premium Accounts and privileges are pre-paid and are non refundable. NAJUB APS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OF USE OF THE SERVICE. You may cancel your Najub Premium Account or Basic Account at anytime, which will be effective immediately. If you wish to cancel your Najub Premium Account or Basic Account you may do so via your “Account” page, or otherwise as instructed.  Should you elect to cancel your Najub Premium Account, please note that you will not be issued a refund for any charged and paid fees. It is your responsibility to keep your contact and payment information current. You explicitly authorize Najub ApS to continue billing your credit card on file with our payment provider for as long as you continue using the Service, and in the event that your credit card is invalid for payment for any reason, then you remain responsible for any uncollected amounts.

If either party is in material breach of this Agreement, the other party is entitled to terminate this Agreement for cause after having given the breaching party a written notice of no less than ten (10) days, if the breaching party has not remedied the breach to the satisfaction of the other party.

For the avoidance of doubt, any termination by either of the parties or the expiry of the term of this Agreement shall only have effect for the future, and shall have no retroactive effects. Notwithstanding the above, the rights and obligations in previous sections shall stay in full force and effect after said expiry or termination of this Agreement.

You agree and acknowledge that Najub has no obligation to retain the Uploaded Data, and may delete such Uploaded Data without prior notice (i) if You have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within ten (10) days’ notice of such breach or (ii) upon termination of this Agreement for any reason.  If the Customer and/or User require Najub ApS to assist in restoring Uploaded Data that has been deleted, if such recovery is possible, Najub ApS will be entitled to request payment, at Najub ApS' standard rates, for such work.

7. Najub is Available “AS-IS”

We work hard to provide a great service, however there are certain things about the service we can’t promise. Here they are (and for some reason, in legal documents stuff like this it has to be capitalized), THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Najub ApS will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service or Software.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NAJUB APS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NAJUB APS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO NAJUB APS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

9. Force Majeure

Neither Party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a Party.

10. Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after the changes have entered into force, you accept to be bound by the changed Terms.

Roskilde, 1 June 2015