Terms and Conditions

WinterManager provides software via its website, mobile platforms, or similar ("Software") that enables the Customer to manage and optimize winter operations through self-service. The Customer can manage customers, addresses, subcontractors, and routes (collectively referred to as "the Service"). The scope of the Service is defined based on the Customer's choice of service package, which may contain more or fewer features ("Service Package"). The choice is made in collaboration with WinterManager and will appear on the agreement letter. Through the business relationship between the Customer and WinterManager, the Customer gains non-exclusive access to use the Software. The Customer does not own the Software or the Services or any copy or part thereof. Access to use the Service, including the Software, may only be used for the Customer's purposes and applies exclusively to the Customer and their subcontractors. Both the Customer and their subcontractors must have their own unique username and password. It is the Customer's duty to ensure adequate security to protect usernames and passwords to prevent misuse of the Service.

By registering on WinterManager's platform, the Customer accepts these Terms as the applicable contractual relationship. The Terms also apply to third parties who may perform work on behalf of the Customer in relation to the Service. The Service is provided to the Customer in their capacity as a business operator, including even if the Customer's employees gain access to all or parts of the Software. The Customer consents to WinterManager and its third parties conducting marketing towards the Customer and Subcontractors. The Customer may withdraw such consent in writing. The Customer accepts WinterManager's other policies, including the personal data and Cookie policy, available in the current version on WinterManager's website. These policies are considered an integral part of these Terms.

To deliver the Service and any additional services, WinterManager may use suppliers and similar business partners ("Third Parties"). The Customer accepts that information uploaded in connection with the Service may be processed by and exchanged with Third Parties working with WinterManager, provided that WinterManager has entered into a data processing agreement with the relevant Third Parties. If Third Parties offer additional services via WinterManager's API, the use of these services is subject to the relevant Third Party's terms. The Customer exempts WinterManager from any liability in connection with the use of such Third Party services.

The Customer, including their Subcontractors, is solely responsible for the accuracy and quality of information registered and used in the Software. The Customer must independently ensure that the information is registered correctly and kept up to date at all times. Access to personal information, for example by entering personal identification numbers, may be punishable and subject to compensation. It is the Customer's responsibility to ensure that the Customer and their employees do not gain unauthorized access to personal information. Violation of this may result in immediate termination of the agreement. The Customer must not give others access to the Service, including the Software, without that person having a direct agreement with WinterManager. It is the Customer's responsibility that the Service is not used in a manner that violates relevant legislation or other regulation, or that damages WinterManager's name, reputation, or goodwill. Violation may result in immediate termination of the agreement. By accepting these Terms, the Customer confirms that they are not in competition with WinterManager. All software, design, architecture, text, and similar are protected by copyright.

The price depends on the Customer's choice of Service Package and any additional services. Prices are stated exclusive of VAT and can be found in the agreement letter. WinterManager may change prices with one month's notice. Changes in exchange rates, taxes, insurance, net price index, and costs to Third Parties mean that WinterManager may adjust prices. The Customer will be notified via the website or email. If the Customer does not agree to a price change, the Customer may terminate the agreement immediately, though the Customer must still pay for actual use of the Service until termination. After each month of platform use, the Service will automatically generate an invoice to the Customer. The invoiced amount will be paid through the registered payment solution recognized by WinterManager. The season fee is invoiced once annually on November 1st for all active locations. For locations started after season start, the season fee is invoiced as soon as possible after addition, calculated proportionally based on remaining season time. All season fees are binding for the selected period and are not refunded upon mid-season cancellation. If the Customer does not pay on time, WinterManager may initiate a reminder procedure. Continued non-payment may result in access to the Service being blocked. For late payment, interest of 2.75% per month is added from the due date until payment is made.

Information registered in the Service is the Customer's property. The Customer may request the registered information in an electronic format chosen by WinterManager. Upon termination, the Customer will have access to the information for six months, after which WinterManager may permanently delete the information. WinterManager has taken necessary security measures against information being illegally or accidentally degraded, lost, or destroyed, and against information being misused, coming to the knowledge of unauthorized persons, or being processed in violation of personal data legislation. When using the Service, where the Customer uses information, usernames, or passwords originating from third parties, the Customer warrants that disclosure of such information and WinterManager's data processing does not infringe rights or agreements with third parties. The Customer indemnifies WinterManager for any loss as a result of this provision.

WinterManager may make changes to the Service and additional services. WinterManager is also entitled to change the form and structure of the Service. Any change may be made with or without notice. These Terms may be changed by WinterManager at any time without notice to the Customer, as long as the Customer is informed in writing of changes. The Terms are available on WinterManager's website. Continued use of the Service after changes constitutes acceptance. Rights and obligations granted to WinterManager under these Terms may be transferred in whole or in part to affiliated companies or third parties. The Customer has no right to transfer rights and obligations or access to the Service to third parties, either in whole or in part.

With the exception of the Customer's information registered in the system, the Software and the information generated by the Software are protected by copyright and other intellectual property rights and belong to or are licensed to WinterManager. Through the Service, the Customer receives only a right of use. In case of any suspected or actual infringement of WinterManager's intellectual property rights or unauthorized use of the Service, the Customer must notify WinterManager. The information registered by the Customer and their Subcontractors belongs to the Customer and/or their Subcontractors.

The Service is provided by WinterManager in its current state. WinterManager disclaims any warranty, assurance, guarantee, or other terms beyond what is stated in these Terms. In connection with the Customer's use of the Service, WinterManager disclaims any liability for loss that the Customer may incur, regardless of whether such loss arises in or outside of contract, whether consequential damages or other indirect losses, operating losses, product liability losses, information losses, or other losses due to simple negligence. The Customer has a duty to notify WinterManager of errors in the Service. WinterManager is only obligated to correct errors that the Customer or WinterManager has become aware of. The Customer accepts that regardless of what loss or basis for liability the Customer has suffered, WinterManager's total liability may not exceed an amount corresponding to the previous 12 months' invoiced amount, but no more than DKK 50,000. WinterManager and its employees have a duty of confidentiality regarding all information that can be attributed directly to the Customer.

WinterManager aims for high operational stability and will restore normal operations as quickly as possible in case of downtime or operational disruptions. Maintenance and upgrades will, as far as possible, be scheduled between 15:00-22:00 CET and will be announced in advance. WinterManager is not liable for losses arising from downtime or operational disruptions. Even in areas where stricter liability applies, WinterManager is not liable for losses caused by: - Damage to data or lack of access to or downtime in IT systems - Power supply or telecommunications failures, natural disasters, war, riots, pandemics, civil unrest, legislation or administrative acts, sabotage, terror, or vandalism (including computer viruses and hacking) - Conflicts such as strikes, lockouts, boycotts, or blockades - Other circumstances beyond WinterManager's control

Upon registration for the Service, the Customer accepts these Terms. The Terms run until termination of the agreement in accordance with these conditions. The agreement may be terminated without notice or fee, but all unpaid fees will be collected in one invoice and sent to the Customer upon termination. Termination of the season fee must be made in writing no later than October 31st to avoid charging the address fee for the coming season. In case of failure to terminate on time, the Customer undertakes to pay the address fee for the coming season. WinterManager may terminate the agreement with 3 months' notice, or without notice in case of the Customer's material breach of these Terms or the Customer's bankruptcy or insolvency. To terminate the agreement, the Customer must send an email to kontakt@WinterManager.dk or contact their assigned contact person at WinterManager.

These Terms shall be read, interpreted, and supplemented in accordance with Danish law. Any dispute arising from these Terms and the resulting legal relationship between the Customer and WinterManager shall be brought before the Copenhagen City Court.