Terms of Service

1. GENERAL TERMS

By using this platform, paying the agreed Fee, or otherwise utilizing the Included Services, the Customer acknowledges and agrees to be bound by these Terms of Service (the "Terms"). Acceptance of these Terms may also be confirmed by any written or electronic acknowledgment, such as signing a contract, sending a purchase order, or clicking "Agree" within the platform interface.

2. INVOICING

a) Invoicing Details. All invoicing details are specified in the signed agreement.

b) Failure to Pay. If an invoice remains unpaid past its due date, Pleaz will notify the Customer by email or phone. The Customer will have five (5) business days from notification to remit payment. If payment is not received within this period, Pleaz reserves the right to suspend access to the Included Services. Late payments shall be subject to interest at the lesser of 5% per month or the maximum rate permitted by applicable law.

3. USE OF THE INCLUDED SERVICES

a) Ownership. Pleaz retains exclusive ownership of all intellectual property rights related to the Included Services, including any patents, copyrights, trademarks, trade secrets, and know-how, whether registered or unregistered.

b) Right to Use. Pleaz grants the Customer a revocable, non-exclusive, non-transferable, and non-perpetual right to use the Included Services within the agreed-upon website domain and for the specified number of users. Updates and new releases are included, but newly added modules or services not explicitly mentioned in the agreement require additional purchase.

c) Limitations of Use. The Customer may not rent, lease, assign, transfer, sublicense, display, or otherwise make the Included Services available to third parties unless explicitly authorized in writing by Pleaz.

4. LIMITATION OF LIABILITY

a) Pleaz shall not be liable for injuries, incidents, or damages arising from the use of the services, except in cases of gross negligence or willful misconduct.

b) Customers are advised to consult a healthcare professional before engaging in any exercise-related activities.

c) If discomfort or dizziness occurs while using the services, the Customer should discontinue use immediately.

d) The suggestions and tips in this webpage are intended as general guidance, applicable in a wide range of situations, though it must be understood that this may not be applicable in all cases. Therefore, these should not be taken as prescriptive directions and shall not replace health professional assessments and recommendations.

e) Caution must be exercised in following the tips provided in case there are specific health considerations. We recommend consulting a qualified health care professional/doctor for any queries related to your personal health situation.

f) The use of the Services provided by Pleaz is solely at the user's own risk. The user must understand that when participating in any exercise, there is the possibility of physical injury. If the user engage in this platform to follow any specific exercise, the user agrees to do so at the user's own risk, that the user is voluntarily participating in these activities, assumes all risk of injury to oneself, and agrees to release and discharge Pleaz and any company associated with or employed by, from any and all claims or causes of action, known or unknown, arising from and or in connection with the use of the included services.

g) As such, each party shall not be liable to the other party for any indirect, special, incidental, punitive damages caused by Customer’s use of the Included Services, including, but not limited to, loss of data, loss of business or other loss arising out of or resulting from this agreement even if it has been advised of the possibility of such damages. Furthermore, in no event shall a party’s cumulative liability exceed the amount of the fee or price agreed between the Customer and Pleaz.

5. REPRESENTATIONS AND WARRANTIES

a) For Pleaz: Pleaz represents and warrants that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement; and (ii) the Included Services will perform substantially as described in this Agreement for the Initial Term and any Renewal Term, provided that it is used in accordance with the Agreement, including on the specified domains. These representations and warranties are only for the benefit of Customer.

b) For Customer: Customer represents and warrants that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement; and (ii) it has full and legal right or authorization to display, disclose, transfer, assign or convey the information set forth and accessible on the websites on which the Included Services will be administered.

c) Disclaimer: Except for the express representations and warranties listed in the Agreement or these Terms, each party makes no representations or warranties of any kind, whether express or implied. No oral or written information or advice given by either party will create a representation or warranty. Specifically, Pleaz makes no representations or warranties with regard to the use of the Included Services for the purpose of ensuring Customer compliance with any laws or regulations.

6. TERMINATION OF SERVICES

a) Termination Provisions

  • Either party may terminate this Agreement with 30 days written notice, to be issued no less than 30 days prior to the commencement of a new term.
  • In cases of termination due to a significant breach by Pleaz, the fees shall be adjusted proportionally.
  • Termination not attributed to Pleaz's breach will not affect the agreed fees and payments under the contract.
  • Post-termination, the customer shall forfeit access and rights to Pleaz's content and products.

b) Termination with Cause. Without affecting any other right or remedy available to it, either party may terminate this Agreement, with immediate effect in the event of a material breach by the other party. Material breach shall include (i) any violation of the payment terms, (ii) any material breach that a party has failed to cure within twenty-one (21) calendar days after receipt of written notice by the other party, (iii) an act of gross negligence or willfull misconduct of a party; and (iv) the insolvency, liquidation or bankruptcy of a party.

7. CONFIDENTIALITY

Each of the parties agrees to

(a) maintain in confidence any non-public information of the other party, whether written or otherwise, disclosed by the other party in the course of performance of this Agreement (‘Confidential Information’);

(b) use its best endeavours to protect Confidential Information in accordance with the same degree of care with which it protects its own Confidential Information but in no event less than a reasonable degree of care.

; and

(c) not disclose the other party’s Confidential Information to any third party, except in response to a valid order by a court or other governmental body or as required by law.

The receiving party will promptly give notice to the disclosing party of any disclosure of the other party’s Confidential Information.

8. ASSIGNABILITY

This Agreement is binding upon and will only benefit the parties. Except as otherwise expressly provided in this Agreement, neither party may assign, transfer, convey or encumber this Agreement or any rights granted in it without the prior written consent of the other party (such consent not to be unreasonably withheld).

9. LAW & DISPUTE RESOLUTION

a) Governing Law. This Agreement shall be governed by the laws of Denmark. 

b) Dispute Resolution.

  • The parties shall attempt to resolve any disputes through good-faith negotiations.

  • If unresolved, disputes shall be settled through arbitration before any litigation may be pursued.

10. RELATION TO OTHER DOCUMENTS

This document constitutes a part of the agreement between the parties. Any other standard or boilerplate terms and conditions included in any document provided by one party to another (e.g., click-wrap agreements and purchase orders) are not to be considered agreed upon and will not be binding on either party. Any changes or modifications to this Agreement must be in writing and signed before taking effect.

11. FORCE MAJEURE

Force majeure event means any circumstance not within a party’s reasonable control including, without limitation and as defined under Danish law:

  • (a) acts of God, flood, drought, earthquake or other natural disaster;
  • (b) epidemic or pandemic;
  • (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
  • (d) nuclear, chemical or biological contamination or sonic boom;
  • (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
  • (f) collapse of buildings, fire, explosion or accident;
  • (g) any labour or trade dispute, strikes,
  • industrial action or lockouts [(other than in each case by the party seeking to
  • rely on this clause, or companies in the same group as that party];
  • (h) non-performance by suppliers or subcontractors [(other than by companies in the same group as the party seeking to rely on this clause); and
  • (i) interruption or failure of utility service.

If a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

The Affected Party shall:

(a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than seven days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and

(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than eight weeks the party not affected by the Force Majeure Event may terminate this agreement by giving four weeks written notice to the Affected Party.