Spring navigation over

Terms of Use

  1. ACKNOWLEDGEMENT
    By entering, accessing and using the Platform the Clever Self-Service Platform (the "Platform") made available by Clever A/S ("Clever"), you acknowledge and accept that you:(i) have read and understood the below terms of use (the "Terms of Use");(ii) are either an employee of or working in the interest and for the benefit of a customer of Clever (the "Customer");(iii) meet the other requirements to be administrator or ordinary use as further described in the Terms; and(iv) you will comply with and respect the Terms.If you are not able to acknowledge and accept the above, you should not proceed, but decline to accept these terms of use. 

  2. ACCESS IS GRANTED AT THE DISCRETION OF CLEVER

    1. You acknowledge and accept that access and use of the Platform and the information and data therein (the "Data") is granted at the sole discretion of Clever as a courtesy to its customers, including the Customer. 

    2. You have been identified as as either an "administrator" or "ordinary user" of the Customer as further set out in Clause 3. Therefore, you have been invited to access and use the Platform and Data. 

    3. You understand that your right to access and use the Platform and the Data are subject to the restrictions and limitations set out in these Terms of Use. 

    4. You acknowledge and accept that your right to access and use the Platform and the Data can be withdrawn, suspended, removed or terminated by Clever at any time with or without notice and without Clever having to provide any explanation thereof. Similarly, Clever may also with or without notice make the right to access and use the Platform and Data subject to other or additional terms and conditions, including payment for the right to access and use the Platform. Clever may also develop new modules or products, which, at Clever's sole discretion, may be separately marketed and priced, and which are not part of the Platform. 

  3. AUTHORISED USERS - ADMISTRATORS AND ORDINARY USERS

    1. Concepts and general requirements

      1. Only "administrators" and "ordinary users" of the Customer meeting the requirements may access and use the Platform and Data. 

      2. Provided that you meet the requirements, the Customer may identify you as an "administrator" or an "ordinary user" to access and use the Platform and the Data. 

      3. An "administrator" must be an employee of the Customers and have adequate experience in managing access and user rights to IT platforms. 

      4. An "ordinary user" may be an employee of the Customer as well as employees of third parties working in the interest and for the benefit of the Customer. An "ordinary user" must hold a position, which encompasses a legitimate need to access and use the Platform and Data, i.e. ordinary users should be limited to individuals with a legitimate need for access due to their position. 

    2. In no event, may access and use of the Platform and Data be granted to a competitor of Clever. 

  4. RIGHT OF ACCESS AND USE

    1. As either an "administrator" or an "ordinary user" of the Customer, you have a time-limited, non-exclusive, revocable, worldwide, non-transferable right to access and use the Platform and the Data solely on behalf of the Customer (and not personally) and for the Customer's internal business purposes and subject to the restrictions and limitations set out in these Terms of Use. 

    2. You agree that you will not: 

      1. use the Platform or Data for any other purpose than the Customer's internal business purposes; 

      2. use the Platform or Data in any way that violates any applicable laws; 

      3. sell, resell, distribute, republish, sublicense, rent or lease the Platform or Data (except that if the Customer is a vehicle leasing company, you may distribute extracts or work products of the Data to your customers being the lessees of the vehicles for their own internal use); 

      4. use the Platform or Data in the operation of a service bureau, outsourcing or time-sharing service; 

      5. interfere with or disrupt the integrity or performance of the Platform or Data (including systems, software, network or equipment underlying or connected thereto); 

      6. circumvent or disclose the user authentication or security of the Platform or any host, network, or account related thereto; 

      7. modify, create derivative works of, adapt, translate, reverse engineer, decompile, or otherwise attempt to discover the source code or other technology forming part of the Platform or Data (save as permitted by law); or 

      8. remove any copyright notices, trademarks, trademark credits, confidentiality notice, mark, legend or other information included in the Platform or Data. 

    3. Any extracts or work products of the Data created by you may also be used by the Customer, when you no longer have access to the Platform as long as such use is in accordance with these Terms of Use 

  5. INTELLECTUAL PROPERTY RIGHTS

    1. You acknowledge and accept that Clever has and shall retain all intellectual property rights and other rights, title and interest in the Platform and the Data as well as any improvements, design contributions or derivative works thereto and all data generated by the use of the Platform. Except for the limited rights of use expressly granted in these Terms of Use, these Terms of Use do no grant or transfer any intellectual property rights and other rights, title and interest in the Platform and the Data to the Customer (or you). Clever reserves to itself all rights that are not expressly granted pursuant to these Terms of Use. 

    2. For clarity, you are hereby made specifically aware that any and all rights to data and information originating from the Customer or provided by or on behalf of the Customer directly or indirectly to Clever, including data and information entered into the Platform on behalf of the Customer, have been and are hereby transferred to and vested in Clever. Consequently, Clever may use such data and information for the purposes of the Platform, but also for other purposes in its sole discretion. 

    3. Further, you are also hereby made specifically aware that Clever is entitled to use any data, information, ideas, suggestions, etc. provided by you on behalf of the Customer to Clever, e.g. ideas for updates and development of new functions/products. 

  6. DISCLAIMER AND LIABILTY

    1. All access and use of the Platform and Data are completely at the Customer's and your own risk. Clever assumes no responsibility or liability in respect thereof. 

    2. You acknowledge and accept that the Platform and Data are made available on an "as is" basis and that Clever assumes no responsibility or liability in respect thereof. In particular, you acknowledge and accept that the use of the Platform and Data may be subject to interruption, that defects/errors may occur and that such defects/errors might not be corrected. 

    3. Further, you acknowledge and accept that Clever expressly disclaims any guarantees, warranties and representations regarding the Platform and the Data, including as regards the completeness, security, quality, accuracy, performance and fitness of use. 

    4. In no event, can you make any claims against Clever whatsoever relating to your right to access and use the Platform and the Data. 

  7. PERSONAL DATA

    1. The parties agree that Clever will act as a data controller for all personal data processed as part of or in connection with this Agreement. This processing is further described in the privacy policy of Clever as updated from time to time and available here: https://clever.dk/om-clever/persondatapolitik/

  8. CONFIDENTIALITY

    1. You acknowledge and accept that all Clever's trade secrets, as well as other commercial and operational information and knowhow and any other information not generally known or reasonably ascertainable (including information regarding the Platform as well as Data) constitute confidential information and therefore must be treated as such. 

  9. GOVERNING LAW AND DISPUTE RESOLUTION

    1. These Terms of Use are governed and construed by and shall be interpreted in accordance with the laws of the Kingdom of Denmark, disregarding the Danish choice of law rules and without regard to the United Nation's Convention of Contracts for the International Sale of Goods (CISG) 

    2. Any dispute arising out of or in connection with these Terms of Use, including any dispute regarding the existence, validity or termination hereof which cannot be settled amicably between the parties, is to be brought before Copenhagen City Court as the court of first instance.