Term & Conditions
1. General provisions
These Terms and Conditions (hereinafter referred to as: “TC”) defines and determines the using of this website despiritu.com (hereinafter referred to as: “Website”; owned by Cyber Security Innovation ApS (hereinafter referred to as: “We,” “Our”, or “Us”)) by you. This TC also defines and determines the subscription, the method of sale and distribution of the product “de Spiritu” (hereinafter referred to as: “Digital Services”; also owned by Us).
1.1. Introduction
This TC govern your use of this Website. By using this Website, you accept this TC in full. If you disagree with this TC or any part of this TC, you must not use this Website.
This TC shall be made available for the public by Us both in print format at the actual relevant registered seat of the owner and in electronic format at Our Website.
This TC shall be effective from the date determined hereunder for an unspecified term.
1.2. Definitions
Subscribers: a natural person, legal entity or other organization who or which enters into a contractual legal relationship with Us with regard to ordering the Digital Services.
Unregistered: a natural person, legal entity or other organization who or which visits or uses Our Website and Our Digital Services without subscribing.
You or User: a natural person, legal entity or other organization who or which visits or uses Our Website and Our Digital Services, whether registered or unregistered.
Owner: Cyber Security Innovation ApS which, based on the legal relationship with the Subscriber (hereinafter referred to as: Subscription) delivers the Digital Services on the Website with access for the Subscriber through an Online Account for Service created by the Subscriber (hereinafter referred to as: ‘Delivery’) and thus allows the Subscriber to access the Digital Services (under the conditions of Our copyright ownership as defined in 1.6. and elsewhere in this TC).
Subscription: a contractual legal relationship for specified or unspecified term, established by Us accepting Subscriber’s order (offer) for access to the Digital Services against the Subscription Fee. This order contains the data required for the fulfilment of the services. A Subscription may also be established by the Subscriber accepting the offer issued by Us.
Subscription Fee: a fee, made public at the Website, the Subscriber is obliged to pay Us regarding the term of the Subscription for the Digital Services based on the Subscription and as the consideration for getting access to the Digital Services through the Online Account for Service.
Online Account for Service: data of email and password, created by the Subscriber, through which the Digital Services shall be delivered by Us in the scope of fulfilling the Subscription.
1.3. License to use Website
Cyber Security Innovation ApS own the intellectual property rights in the Website and material on the Website. Subject to this license and elsewhere in this TC, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to these restrictions and elsewhere in this TC.
You must not:
- republish material from this Website (including republication on another website);
- sell, rent or sub-license material from this Website;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- edit or otherwise modify any material on this Website; or
- redistribute material from this Website for a commercial purpose except for content specifically and expressly made available for redistribution
1.4. Acceptable use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Our express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without Our express written consent.
1.5. Restricted access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to other areas of this Website, or indeed this entire Website, at Our discretion.
If We provide you with a user ID and password to enable you access to restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in Our sole discretion without notice and explanation.
1.5.1. Paid content
Some — or all, at Our sole discretion — of the Digital Services may only be available through Subscription. By using this Website, you acknowledge this and that you will not try to get access to the material without Subscribing, and thereby acknowledge that you will only try to get access to it by legitimate means, that is, Subscribing to Our Website.
1.6. Copyright and trademark information
Copyrights and other intellectual property rights in the content available on Our Website, including without limitation the Digital Services, software code, design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Cyber Security Innovation ApS, with all rights reserved, or in some cases may be licensed to Us by third parties. This material is protected by the intellectual property rights of Cyber Security Innovation ApS, and We grant you only a non-exclusive, non-transferable license to use the material as part of your personal non-commercial use of the Website and its Digital Services. This license grant is between you and Us and not any other third-parties. No title to or ownership of any content or any materials within Our Website is transferred from Us to you by this TC.
All Content which qualifies for protection under copyright laws of Denmark is subject to the exclusive jurisdiction of Danish and EU law, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Website and its Digital Services will be deemed by Us to be an intentional infringement. All trademarks displayed on the Website and its Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse of have any affiliation with Us.
1.7. User content
In this TC, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant Us a world-wide irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Us or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.
Notwithstanding Our rights under this TC in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
1.8. No warranties
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, We do not warrant that
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or other matter you should consult an appropriate professional.
Nothing on this Website constitutes, or is meant to constitute, the endorsement of any candidate for any political office or any attempt to influence legislation.
1.8.1. Point of view articulated in materials
By using this Website you acknowledge that each material (article, etc.) published at this Website by Us of an author is the sole expression of that particular author’s point of view. We do not necessarily endorse the point of view nor do We take responsibility for how it may affect you.
1.9. Limitations of liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if We have been expressly advised of the potential loss.
1.9.1. Exceptions
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
1.9.2. Reasonableness
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
1.9.3. Other parties
You accept that, as a limited liability entity, We have an interest in limiting the personal liability of Our officers and employees. You agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with this Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Our officers, employees, agents, subsidiaries, successors, assings and sub-contractors as well as Us.
1.9.4. Unenforceable provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
1.9.5. Indemnity
You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisors) incurred or suffered by Us arising out of any breach by you of any provision of this TC, or arising out of any claim that you have breached any provision of this TC.
2. Legal relationship for Subscription with Us
Ordering the Subscription happens through the Website when registering and providing the required data.
Unless otherwise specified, the information indicated in the form at the Website shall qualify as a call for proposal (and not as a proposal for contract by Us). Therefore in case of filling the form and sending it to Us through the Website it is the Subscriber who is considered the offeror, and Our statement of accepting this offer is required to establish the Subscription (the contract). The period during which the offeror is bound to keep its offer shall be 30 days; We are entitled to accept the offer also by implication (e.g. by sending an invoice). By ordering online at the Website the Subscriber acknowledges and accepts this TC and the referred documents, as well as, especially but not exclusively the Privacy Policy; the Privacy Policy is available here. In addition We are also entitled to make a written offer by notifying the Subscribers.
2.1. Your representations
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Website and accessing the Digital Services under the laws of the European Union, Denmark or other country.
2.2. Modifications and interruptions to the Digital Services
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. The Subscriber acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to Our Digital Services, or that operation of Our Digital Services will be uninterrupted or error free. You understand that usage of Our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
2.3. Third-party sites and services
Our Digital Services may include links to other sites, mobile application stores, or services on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any third-party site or service.
Please note, this TC apply exclusively between you and Us, and not to you and any third party. Your use of third-party sites is subject to the terms and conditions and privacy policies of each site, and We encourage Our users to review the terms and conditions and privacy policies of third-parties’ sites.
2.4. Content of the services
Based on the Subscription We, against payment in advance of the Subscription Fees, deliver the Digital Services through the Online Account for Service created by the Subscriber.
Unless otherwise specified the subscription term commences on the day of subscribing at the Website and in which the Subscription Fee was paid.
The invoice of Us (or any entitled person) shall be issued within 15 days from accepting the offer (i.e. the effectivity date of the contract) and delivered to the Subscriber by e-mail.
Data required for the Subscription:
- in case of individual subscription: Subscriber’s name, e-mail address, payment method, subscription terms
- in case of business subscription: Subscriber’s name, e-mail address, payment method, subscription terms, taxation ID, bank account number
- the shortest term of Subscription shall be 1 month.
Methods of the Subscription
- through Our Website despiritu.com
2.5. Amendment and termination of the legal relationship between the Subscriber and Us
Amending the Subscription
The subscription legal relationship between Us and the Subscriber must be amended in the following cases:
- change of the data (name, e-mail)
- change in the data of the Subscription (price change, payment method, period, etc.)
In case of change in the data of the Subscriber (name, e-mail) Subscriber becomes obliged to send a notification regarding the changes to Us via e-mail from the e-mail address provided in advance, 20 days before the changees enter into effect; We are not liable for any damages arising from the failure or default of this obligation.
The Subscriber must report any change in other data to Us within 8 days from the day the change enters into effect.
We are entitled to amend the Subscription Fee unilaterally. When the Subscription Fee is amended We:
- announce it at the Website or at Our official X/Twitter account: @DeSpiritu_
- in case of raising the Subscription Fee — providing the Subscription Fee has been paid until the last day of the payment deadline according to the invoice — We do not enforce the raise and do not collect the difference
- in case of lowering the Subscription Fee, unless determined otherwise by the Subscriber, We shall compensate the difference with the Subscription Fee regarding the next term. At the written request of the Subscriber We shall pay back the difference to the Subscriber.
Termination of the Subscription legal relationship
The legal relationship regarding the Subscription between Us and the Subscriber shall be terminated in the following cases:
- the Subscriber fails to pay the Subscription Fee within the respective deadline
- the termination is caused by legal regulation
- the Digital Services are withdrawn from the Website; or
- We are liquidated without succession.
2.6. Delivery of the subscribed Digital Services
Place of delivery: We deliver the paid Digital Services at the Website.
3. Fees
3.1. Collection of Subscription Fees
Subscription Fees shall be collected by Us or Our contributors, according to the following methods:
- online payment with cards which are accepted by the transaction website operated by a financial institution.
3.2 Subscription sales and discounts
We shall be entitled to make decisions regarding the sales and announce them at the Website, or on Our official X/Twitter account @DeSpiritu_ or through e-mail. Sales and discounts announced by Us shall only be available for a specified term. Subscription Fee discounts may be granted by Us; the level of such discount may be diverse.
4. Miscellaneous provisions
4.1. Management of complaints
We operate a customer service in order to keep contact with the Subscribers, to manage their complaints and for administration purposes. In order to make it possible to investigate their complaints, the complainants are obliged to provide data which is required for identifying the Subscription, as requested by the customer service (name and e-mail of the Subscriber, indication of the Digital Service, Subscription term, or the Subscription nr., or other account information).
The Subscriber’s complaint shall be sent from the e-mail provided earlier to the following email: [email protected]
In case the customer service of Us receives a complaint then We investigates the complaint in accordance with the relevant legal regulation, and shall act as follows (if the complaint is reasonable): We shall investigate the complaint and shall remedy it as appropriate.
Data regarding the complaint shall be recorded in order to be able to identify:
- name and address of the complainant
- place data and method of sending the complaint
- detailed description of the complaint
- the person who received the complaint.
We shall save data regarding the complaint for 5 years and are obliged to present this data at the request of the competent controlling authorities.
Contact details of the customer service for investigation complaints
Complaints regarding the Subscription and payment may be send:
- in writing via the registered e-mail of the Subscriber that was provided earlier to Our e-mail: [email protected]
The Subscribers shall be notified about the result of the investigation as requested. All complaints sent to the customer service of Us shall be investigated within 40 days at latest.
As to the remainder, the provisions of relevant Danish law shall be applicable regarding complaints and management of complaints.
4.2. Processing personal data
We shall handle and process the personal data provided by the data subjects solely according to the provisions of the relevant Privacy Policy. The Privacy Policy shall be available at the link under menu item ‘About’ of the Website despiritu.com
5. Final provisions
This TC shall be valid and effective from August 2022 until withdrawal or until entering into effect of any possible alteration.
You expressly acknowledge that We reserve the right to ament the TC unilaterally. Alteration due to correcting possible misspellings or typos, modification of the company data of Us, other administrative cause or any alteration arising from obligatory legal regulation or due to changes in the obligatory relevant legal regulation shall not be considered as amendment of the TC.
We may revise this TC from time-to-time. Revised TC will apply to the use of this Website from the date of the publication of the revised TC on this Website. Please check this page regularly to ensure that you are familiar with the current version.
Danish law shall apply to this TC and all contracts and obligations which are established upon this TC.
Dated in Copenhagen, 08.01.2022.
E-mail address of Our customer service: [email protected]
Website of Us: despiritu.com