Terms and Conditions

This document was updated on September 28th, 2022

The following are terms of accessing and/or using Easy Live Sales’ website and service (hereinafter “the Service”). By accepting the terms below (hereinafter “the Agreement”) and/or using the Service, you are stating that you agree to be bound by all terms without modification, conditions, or notices.

 

The following terms cover our services as listed:

  • Shop.elisa.io (ELISA hosted checkout)
  • Elisa.io (the website)
  • App.elisa.io (the web application)
  • ELISA widget (Embeddable Player with Built-In Checkout)
  • ELISA HOST app (video streaming application for mobile device)
  • Sprii.live (Live Shopping Marketplace)

General information 

Easy Live Sales Aps

Sommervej 31E st., 8210 Aarhus V, Denmark

VAT: DK42084476

Phone: +4535154033

E-mail: hey@elisa.io

 

Confidentiality

The Parties undertake to treat confidentially all information relating to each other’s matters. In addition, the Parties undertake not to disclose such confidential information to third parties without prior written permission from the opposing Party and to use confidential information only for the purpose described in the Agreement.

Any information relating to the activities of the Parties, including its partners, or business relationships acquired by the Parties through their trade, except for information published by the Parties, shall be deemed to be confidential information.

 

Processing of personal data

By using our services, you also accept our privacy policy as on the website elisa.io

The User is the data controller concerning the processing of personal data related to the end Consumers when using the Easy Live Sales software, products and services, and Easy Live Sales Aps is the data processor. The processing of personal data is further regulated by the data processor agreement that will be made on user request.

 

Fees and Services

Easy Live Sales offers a range of subscriptions and a free trial. At the end of a free trial, you agree to either pay applicable fees at that time or discontinue using the Service. Subscriptions are available on a monthly pre-paid, non-refundable subscription, with transaction fees to be paid at the end of each month.

All subscriptions will automatically renew for the same term using the payment method on file unless you change or discontinue the Service.

All Easy Live Sales prices are listed excluding VAT.
The PRO subscription includes a transaction fee. This is settled as a percentage based on the User’s gross cart value incl. VAT during.

The BASIC subscription includes a reservation fee. This is settled as a fixed price per unique User who is referred to your business as a result of a reservation.

The LIGHT subscription includes a reservation fee. This is settled as a fixed price per reserved product.

A PRO subscriber can use functions from the BASIC subscription and will then be charged a reservation fee.

Easy Live Sales can regulate all prices and fees with a minimum of one month’s notice. The User is obliged to pay the regulated price but may choose to terminate the agreement in writing according to the applicable notice periods. An announced price change will take effect from the next subscription period.

 

Automated invoicing and payment

When registering for automatic debit, you permit to save all necessary payment card information for use in the automatic debiting of your payment card. This information will be deleted when the agreement expires.

Due to automation, the invoiced amount is due for payment on the same day.

It is the User’s responsibility to ensure that the registered payment card is valid and that the payment card information is renewed as necessary.

If your payment card expires, an e-mail will be sent with a link to renew card information.

When sending an invoice by e-mail, no administration fee is added.

The invoice is sent by mail as per registration in the Easy Live Sales software.

If an invoice should be requested via EAN or paper mail, an administration fee of DKK 129 excluding VAT is added. When paying via Payment Service, an administration fee of DKK 106.50 excluding VAT is added.

 

User Responsibilities

To register for the Service, you must complete the registration process by providing Easy Live Sales with current, complete, and accurate information as required by the registration form. You are solely responsible for any use and all activities that occur under your account.

You are responsible for safeguarding the confidentiality of your password(s) and username(s) and for any use or misuse of your account resulting from any third party using your password or username. You agree to immediately notify Easy Live Sales of any unauthorized use of your account or any other breach of security known to you. You agree to let Easy Live Sales use your organization’s logo in its User list, at other places on its website and as part of a general list of Easy Live Sales’ Users for use and reference in corporate, promotional, and marketing material.

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It is your responsibility to obtain any permits, licenses, or tax registrations and have proof of ownership or receipts if required; you may not use the Service to list or sell items that violate any laws including, without limitation, those laws regarding the purchase, transportation, and delivery of alcoholic beverages.

The User is obliged to comply with good practices when using Easy Live Sales services. Good practice means broadly interpreted that the User may not use Easy Live Sales services to break the law or in any way interfere with other companies or individuals. If the User is unsure whether an action is allowed, it is the User’s responsibility to contact Easy Live Sales and request instructions.

The User is obligated to keep their master data up to date with Easy Live Sales, so address information, contact information and billing information are always valid.

The User agrees to comply with all applicable laws and regulations in connection with the User’s business and use of the Service.

The User also agrees that Easy Live Sales does not exercise any control over the content of the information provided by the User from Easy Live Sales services and that it is solely the User’s responsibility to ensure that the data that the User sends and receives when using Easy Live Sales comply with all applicable laws and regulations.

The user must provide terms and conditions to the end consumer before payment of products. This can be set up for ELISA checkout or provided in the integrated webshop checkout.

 

Responsibility for Your Content

You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.

Inappropriate, False or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

 

Integration to other marketplaces

When using our services your content and offers can be made available to other marketplaces. You can control this option in your page settings and at every campaign initiation at app.elisa.io

 

Easy Live Sales Rights

Easy Live Sales has the right at any time to change products from its price and product lists.

Easy Live Sales is entitled to assess whether the User is using Easy Live Sales products as intended. If the User overloads the service offered to such an extent that it inappropriately affects the Easy Live Sales platform, Easy Live Sales may at any time temporarily close access to that service without notice.

Easy Live Sales always strives to contact the User to adjust the User’s usage or offer the User a different solution. If the User does not want to adjust consumption or accept an alternative Solution, Easy Live Sales is entitled to terminate the User’s Solution with one month’s notice from the 1st of a month. In cases where the User has prepaid for a period interrupted by easy live sales termination due to the above circumstances, the User is entitled to a refund of the prepaid amount for that part of the prepaid period in which the product is terminated.

If one of Easy Live Sales services e.g., “comment robot” is used for sending illegal content eg. spam, phishing or the like, Easy Live Sales reserves the right to temporarily close access to services without notice until the problem is rectified. This also applies even if the User is not aware of said abuse or is directly responsible for it.

Easy Live Sales reserves the right to terminate a User’s ongoing services with 30 days’ written notice. In cases where the User has prepaid for a period interrupted because of Easy Live Sales termination, the User is entitled to refund the prepaid amount for that part of the prepaid period during which the product is terminated.

In the event of changes in the law or the rules and permissions issued under this act, and in the event of an injunction for changes from an authority, Easy Live Sales may, without notice, change the User’s rights and obligations under the terms, without the User being entitled to any compensation.

 

Indemnification

You agree to indemnify, hold harmless and defend Easy Live Sales, its contractors, its licensors and their respective directors, officers, employees, and agents, at your expense, from and against any third-party claims, actions, proceedings, and suits, arising from your use of the Service, including but not limited to your violation of this Agreement. You agree to also indemnify the same against all expenses connected hereto, including attorneys’ fees.

Easy Live Sales is not liable for losses due to the unsolicited or unwanted transmission of data to/from the User from The Solution or because of the User’s loss of personal data or software. Easy Live Sales also cannot be held liable for losses due to unauthorized access to User data and/or systems.

Easy Live Sales may not be held liable for any indirect loss or consequential damage to the other Party or third parties, including its affiliates, resellers, Users, or other stakeholders, whether the loss is due to system failure, unauthorized access, failure to provide ordered services/products or other matters at Easy Live Sales.

 

Disclaimer of Warranties

The Service is provided “as is”. Easy Live Sales and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Easy Live Sales nor its contractors make any warranty that the Service or website will be error-free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. You understand that the use of the Service is at your discretion and risk.

The Service is designed for use on digital device browsers, including specifically Google Chrome, Safari, Microsoft Edge, and Firefox. It is the User’s responsibility to use the latest versions of browsers.

Easy Live Sales cannot be held responsible for verifying the validity of any recreated data. Easy Live Sales is not liable for losses if the User’s data cannot be restored from backup due to a lack of validity of these.

Easy Live Sales strives for the systems to be available 24 hours a day all year round. However, Easy Live Sales is entitled to discontinue operations when maintenance or other technical conditions so require. Such outages will, as far as possible, be announced in the first place.

 

Limitation of Liability

Easy Live Sales will not be liable to you or any third-party claimant for any indirect, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, or another tort, breach of any statutory duty, indemnity, or contribution or otherwise. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.

  • Easy Live Sales is not responsible for the following types of losses:
  • Operating loss or indirect loss.
  • The User’s payroll costs for their staff and external costs for recording lost data and restoring systems.
  • The User’s expenses for external consulting assistance and advisory assistance.
  • The User’s loss of profit and/or goodwill.

Some jurisdictions do not allow the limitation or exclusion of liability to the extent stated above. In such case, Easy Live Sales and its contractors’ total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the total paid-in fee from you to Easy Live Sales within the 12 months before the date the claim is first brought against Easy Live Sales.

 

Service Levels

Easy Live Sales does not guarantee the Service will be always operable or during any downtime, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance or force majeure.

 

Proprietary Rights Notice

The Service, including any content on the Service and all underlying technology (including all intellectual property rights embodied therein), is and shall remain the sole and exclusive property of Easy Live Sales and shall be protected by applicable copyright laws and other legislation. No license to any underlying technology is granted. You will not allow any third party to reverse engineer and/or create derivatives of the Service using any method possible. You will not, nor will you allow any third party to modify the Service in any way. You will use the Service solely for your commercial use and will not make the Service available for any type of external service such as, but not limited to, an application service provider.

If you provide feedback, ideas or suggestions regarding the Service, Easy Live Sales is free to fully exploit such feedback.

 

Termination

Easy Live Sales may terminate the Service and/or access to the Service at any time and for any reason without notice.
If you wish to terminate this Agreement or your service, you may simply stop using the Service. However, although this Agreement may terminate between the Service and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability and proprietary rights.

If you are not using the service, we will not consider it as a discontinuance of the service. To discontinue the service, send an email to finance@elisa.io. All upgrades are effective immediately, while downgrades are effective as of the next renewal date.

In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

A subscription agreement is automatically extended unless the User terminates the Subscription Agreement no later than 8 days before the end of the subscription period.

Termination is not valid until Easy Live Sales has confirmed the termination in writing.

 

Miscellaneous

Easy Live Sales shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and Easy Live Sales concerning its subject matter and supersedes all prior statements, agreements, and representations between the parties.

You may not assign or otherwise transfer any of your rights under the Agreement without Easy Live Sales’s prior written consent and any such attempt is void.

Easy Live Sales is entitled to assign and/or transfer any of its rights or obligations under the Agreement to any third party. Easy Live Sales shall notify you of such a transfer.

The relationship between Easy Live Sales and you is not one of a legal partnership relationship but is one of the independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.

 

Severability

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

 

Modifications

These terms and conditions may be amended or updated by Easy Live Sales from time to time. Your use of the Service after any such amendment or update of these terms and conditions shall signify your acceptance of the revised terms and conditions. Therefore, you are responsible for periodically visiting and reviewing these terms and conditions.

 

Applicable Law and Venue

This Agreement shall be governed by and construed under the laws of the state of Denmark without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Danish law, rules, and regulations, Danish law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Aarhus, Denmark. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. A waiver of any default is not a waiver of any subsequent default.

 

Complaints

If you wish to file a complaint with Easy live Sales, this can be done by sending an email to hey@elisa.io

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