Terms of Service

First of all, thanks for making it this far! We love people with an eye for detail. Here’s a brief (but in no way legally binding) summary of the Terms and Conditions written below.

By using Canvas Planner you, the customer, are agreeing to the following terms and conditions. BY ACCESSING AND/OR USING THE SERVICE(S), THE CUSTOMER AGREES, ON BEHALF OF THEMSELVES AND/OR THEIR COMPANY, TO BE BOUND BY THE MOST RECENT TERMS OF THIS AGREEMENT. IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S).

 

These terms were updated and effective as of 29th September 2017.

 

This Agreement between Canvas Planner ApS and the customer governs the customer’s use of the Canvas Planner service (in the following “CP”), and the website (www.canvasplanner.com) including, without limitation, all content, including but not limited to text, information, images, applications, templates software and other information, services and materials (collectively, the “Service”) and all information made available to the customer or by the customer through this site by Canvas Planner ApS, and/or third parties.

This Agreement comprises the entire agreement between the customer and Canvas Planner ApS and supersedes any and all prior agreements between the Parties regarding the subject matter contained herein.

Canvas Planner ApS reserves the right to revise, update and change this agreement with or without notice to the customer, and the customer agrees to be bound by any changes or revisions. Any new features that enhance the current Service, including the release of new features and/or resources, shall be subject to this agreement. The customer agrees to use CP at their own risk and the customer understands that Canvas Planner ApS is NOT responsible for the content posted on the Service. The most current version of this agreement can be viewed at any time at the Canvas Planner website.

Applicability

These terms and conditions apply to all use of CP. CP is a web based service that is offered by:

Canvas Planner ApS
Knudmosevej 41
7400 Herning
Denmark

E-mail: hello@canvasplanner.com
Central Business Register number: 35669795

Customer use of CP

Use of CP requires membership. The content of the service provided may vary according to the membership acquired.

Use of CP depends on the customer’s fulfilling of all obligations according to these terms and conditions. This includes that due payments are paid in a timely manner, where the customer enters into the “Business” or the “Business+” membership.

When acquiring any kind of membership with CP, the customer acknowledges that Canvas Planner ApS may send the customer e-mails, or other kinds of electronic communication, of a commercial nature relevant to CP and to the customer’s use thereof.

Customer data

All customer data submitted by the customer to CP will remain the sole property of the customer, and the customer will have sole responsibility for any such data.

The customer is responsible for any material that the customer, or any third party that may acquire access to the customer’s account with the customer’s consent, may upload, handle, edit or in any way use on CP.

The customer is the sole administrator of his account. The customer may permit other users access to his “space” in accordance with the membership acquired by the customer.

It is the customer’s sole responsibility to ensure that all handling of material or data submitted to CP is not in violation of any laws, including the Act on Processing of Personal Data, and in no way infringing of any third party rights.

Canvas Planner ApS reserves the right to, without notice, remove and delete any material that may be illicit, infringe any third party rights, be of a defamatory or an obscene nature, or in any way be of a nature such as to lead to liability for Canvas Planner ApS (objectionable matter).

Canvas Planner ApS reserves the right to, without notice and without any liability to Canvas Planner ApS, to remove, delete, block or limit any account with CP that may prove to contain or in any way handle any objectionable matter.

The customer will defend, indemnify, and hold Canvas Planner ApS harmless from and against all losses arising out of the customer’s, or any third party that may acquire access to the customer’s account with the customer’s consent, misuse or abuse of CP or any other illicit actions or behavior.

Personal data

The customer’s data are handled and maintained according to the proper standards for security, and Canvas Planner ApS ensures that CP technically has as set-up that complies with the standard of good practices for IT security, and that the necessary technical and organizational security measures are complied with, including the Act on Processing of Personal Data.

Canvas Planner ApS ensures that reasonable technical and organisational security measures are in place to avoid any loss of data accidentally or by way of illicit behaviour, and to avoid any destruction or deterioration of data, and that reasonable measures are in place to keep such data from being disclosed to unauthorised third parties, from being misused or from being handled in violation of the Act on Processing of Personal Data.

Canvas Planner ApS only stores and handles data that is submitted into the system by the customer, and handles them alone according to the instructions by the customer, and within the framework of these terms and conditions and the functionality of CP. Canvas Planner ApS does not participate in the collection and distribution of such data. The function of Canvas Planner ApS is limited to providing an IT service. It is the customer, and any third party that may acquire access to the customer’s account with the customer’s consent, that will decide and administer, who will have access to particular data on the system. Canvas Planner ApS will not reveal or distribute the customer’s data to third parties, unless when legally obligated to do so by a public entity, including when receiving a court order to disclose particular data.

It is the sole responsibility of the customer that the collection, use of, and distribution of submitted data is carried out in accordance with the law, including the Act on Processing of Personal Data, provided that the data include personal data.

In case of a demonstrated security breach, or cases in which there might be reason to believe that that customer’s data have been compromised; the customer will receive immediate notice thereof.

Upon the customer’s request, Canvas Planner ApS will provide the customer with sufficient information such as to enable the customer to verify that the technical and organisational security measures are in place, including attending to the customer’s or Data Protection Agency’s enquiries in a loyal manner regarding security and relevant procedures concerning compliance with the Act on Processing of Personal Data.

Subcontractors

Canvas Planner ApS makes use of different subcontractors in order to provide the service. Canvas Planner ApS is not liable for such subcontractors, further than what follows from general rules on liability. Canvas Planner ApS reserves the right to, without notice, make changes regarding the services provided by subcontractors, including using other subcontractors, or limiting or increasing the number of subcontractors.

Upon request from the customer, Canvas Planner ApS will inform the customer of the identity of the subcontractors used. Furthermore, a list of the used subcontractors is available at the end of this page.

Confidentiality

As well as the data submitted to the system, Canvas Planner ApS will handle all other information regarding the customer confidentially, and Canvas Planner ApS will under no circumstances disclose any information regarding the customer unless such information is already public information. Canvas Planner ApS does, however, retain the right to use the customer as a customer of reference, however, Canvas Planner ApS will only refer potential new clients to contact the customer, after obtaining specific confirmation of this from the customer.

It is the sole responsibility of the customer that third parties, who have acquired access to the customer’s account with the customer’s consent, handle all data and information confidentially. The customer and any such third party is required to preserve the confidentiality of any username or password, and the misuse or infringing use of such information is solely the responsibility of the customer. In case a username or password is lost, or have become known to an unauthorized third party, Canvas Planner ApS may change them upon notification to the support.

Membership

Membership and use of CP requires that the customer have the legal power and authority to enter into the membership.

A membership runs until it is properly terminated by one of the parties. Unless properly terminated, the membership will renew automatically for a successive period corresponding to the last period chosen by the customer. A free membership may be terminated without notice by the customer.

If the membership requires payment of fees, such fees will be due and payable immediately.

Payment of fees is invoiced at the beginning of a month or year (hereinafter the “fee period”). In case of delinquent payment (in arrears) from the customer, Canvas Planner ApS retains the right to charge the costumer with interests and recovery fees according to the Act on Interests. Canvas Planner ApS is entitled to terminate the account and to suspend and/or delete the customer’s data in case of material breach of these terms and conditions.

Canvas Planner ApS reserves the right to adjust fees. Before adjustment of fees, the customer will receive a notice thereof. Adjustments of fees may enter into force at the earliest from the beginning of the successive fee period.

The service

Canvas Planner ApS will endeavor to provide the highest possible uptime. All scheduled maintenance will be sought to be carried out to the least possible inconvenience for the customer. CP may become unavailable because of maintenance, and Canvas Planner ApS may be obliged to limit availability or remove or discontinue certain functions in order to protect the system and the customer’s data against possible threats. Canvas Planner ApS will endeavor to notify the customer about any such measures via e-mail.

Canvas Planner ApS will react as promptly as possible to all incidents that affect the costumer’s use of CP.

Canvas Planner ApS aims to maintain continuous availability, including continuously doing maintenance on CP by correcting malfunctions and bugs and constantly developing the system further, by way of improving and adding on new functionalities. Faults and malfunctions will be corrected within a reasonable time in accordance with the nature of the fault/malfunction and its effect on CP.

Canvas Planner ApS is under no circumstances obliged to restore data. Canvas Planner ApS is under no circumstances liable for any event or loss of data following a possible crash or malfunction of the system, including liability for damages of the customer’s direct or indirect losses. The customer is strongly advised to do regular backups of content.

Change of agreement

Canvas Planner ApS reserves the right to modify the terms and conditions of this agreement at any time. The updated version of terms and conditions can be viewed at Canvas Planner’s website. The customer is responsible for regularly reviewing this agreement. Continued use of CP after any such changes shall constitute the customer’s consent to such change.

Support

Canvas Planner ApS provides reasonable support to the customer regarding the correct use of CP. The support function does only include guidance regarding the use of CP and does not include education per se in the use of CP nor does it include technical assistance or debugging in the customer’s IT system.

The customer can notify CP regarding faults or malfunctions through the CP support via e-mail on:

support@canvasplanner.com

Support is provided on week days within working hours; [9am-4pm, Monday-Friday]

Terms of the membership and breach of the terms and conditions

A free membership may be terminated by the customer without notice and be terminated by Canvas Planner ApS with a 30 days’ notice.

A paid membership may be terminated by anyone of the parties to the end of a fee period with a 30 days’ notice.

Canvas Planner ApS reserves the right to terminate the agreement with the customer without notice, including the right to delete, remove or edit the customer’s data in case of the customer’s material breach of these terms and conditions. Any actions by third parties, for whom the customer is responsible, towards CP that would constitute material breach of these terms and conditions had the customer done them himself, are to be considered material breach of the present terms and conditions.

Any delinquent payment may be considered material breach of these terms and conditions. It will always be considered as material breach of these terms and conditions if payment has not reached Canvas Planner ApS at the latest 15 days after the date on which payment was due and payable. In this case, Canvas Planner ApS will be entitled to, without any notice, delete any of the customer’s material/data and membership with CP.

Canvas Planner ApS is under no obligation to return data to the customer upon expiry or termination of the contract.

Canvas Planner ApS is under no obligation to keep the customer’s data upon termination of the contract.

Right to withdrawal for consumers

If the customer is the consumer, the customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right, the customer must inform us; Canvas Planner ApS, Knudmosevej 41 7400 Herning, Denmark or by e-mail: hello@canvasplanner.com, of the decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, or e-mail). To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the customer withdraws from this contract, Canvas Planner ApS shall reimburse the customer all payments received from the customer, without undue delay and in any event not later than 14 days from the day on which Canvas Planner ApS was informed about the customer’s decision to withdraw from this contract. Canvas Planner ApS will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.

The right to withdrawal applies exclusively to consumers.

Intellectual property rights

Canvas Planner ApS is the proprietor of all rights to this service, including, but not limited to copyrights, trade mark rights, or any other kind of intellectual property right. The customer or any other third party, who has acquired access to the customer’s account with the customer’s consent, warrants that he will not break or undertake it to break any license codes, remove or surpass applied limitations on functionality, or facilitate access to a higher number of users than what follows from the customer’s membership. Any violation of Canvas Planner ApS’ rights is considered a material breach of these terms and conditions.

Disclaimers and limitations

CANVAS PLANNER APS IS UNDER NO CIRCUMSTANCES LIABLE FOR THE CUSTOMER’S INDIRECT LOSSES OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EXPECTED PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGE TO DATA OR ANY OTHER KIND OF DISTURBANCE IN BUSINESS, OR ANY OTHER ECONOMIC CONSEQUENTIAL DAMAGE, THAT MIGHT ARISE FROM USING THE SYSTEM OUT OF DEFECTIVE OR INSUFFICIENT PERFORMANCE OF THE SYSTEM OR DELIVERY OF OTHER SERVICES CONCERNING THESE TERMS AND CONDITIONS. CANVAS PLANNER APS IS IN TE SAME WAY UNDER NO CIRCUMSTANCES LIABLE FOR SUCH THIRD PARTIES WHO MAY HAVE ACQUIRED ACCESS TO THE CUSTOMER’S ACCOUNT WITH THE CUSTOMER’S CONSENT.

Canvas Planner ApS’ liability for damages may in no case and under no circumstances – regardless of the degree of negligence – surpass what the customer has paid during the last 12 months prior to the incident giving rise to the claim.

FORCE MAJEURE

Canvas Planner ApS will under no circumstances be liable for any damages or losses that the customer, or any third party who has acquired access to the customer’s account with his consent, might suffer directly or indirectly as a consequence of Canvas Planner ApS not being able to perform according to these terms and conditions, because of a force majeure situation. Force majeure situations are e.g. but not limited to; mobilisation, acts of terrorism, natural disasters, strikes, lock-outs, fires, floods or other kinds of water damage, restrictions on import/export, viruses, illness of key persons, power failures, failures/malfunctions in third parties’ telecommunication systems or any other delay or failure to comply with these terms and conditions that result from circumstances that Canvas Planner ApS could not reasonably have prevented.

In case that a force majeure situation has persisted for more than 90 days, the customer will be entitled to terminate his membership, and Canvas Planner ApS will thus be obliged to return a proportionate part of the amount paid to the customer. Such amount will be calculated according to the time of termination and the expiry of the forthcoming end of a quarter of a year.

Transfer of rights

The customer is not entitled to transfer rights or obligations to any third party.

CP is entitled to transfer all rights and obligations to any third party.

Choice of law and venue

These terms and conditions are entirely ruled by, and must be construed according to, Danish law. Any dispute arising from or relating to these terms and conditions, or their subject matter, is under the exclusive jurisdiction of the Court of Herning, Denmark.

List of Subcontractors

 

ANNEX: Withdrawal form