General Terms of Use Consultancy

General Terms and Conditions Applicable to consultancy services provided by Kaunt A/S

Thank you for using Kaunt – we are passionate about delivering AI and data consultancy for Finance.

These General Terms and Conditions (“Terms”) apply to consultancy services of all kinds provided by Kaunt A/S, CVR-nr. 40 86 58 88, to (“The Customer”).

1.The Assignment

Kaunt provides consultancy within the specific scope defined in collaboration with The Customer in a specific Consultancy Agreement scooping the assignment and expected time of delivery as well as pricing. 

Our consultancy services, or the results hereof, may be provided through the Kaunt AI Powered Financial Management Platform. 

However, a Consultancy Agreement or service does in no circumstances provide or entitle The Customer with a right or license to use or operate the Kaunt Platform for any other purpose than that of the specific consultancy service.  

A license to The Kaunt Platform can be obtained only through a Subscription Agreement between The Customer and Kaunt A/S specifying the Kaunt solutions and services which The Customer has subscribed to.

Kaunt A/S owns all title and intellectual property rights in and to the Kaunt platform, solutions, and services.

Rights of any kind regarding Kaunt not expressly granted to The Customer under these Terms are reserved by Kaunt A/S. 

Upon termination of the consultancy service or assignment, The Customer has no access to the Kaunt Platform.

2. Restrictions

The Customer may not assign, sell, rent, lease or lend the Kaunt Platform to any other entity or third party.

The Customer is not entitled to reverse engineer, decompile, disassemble, duplicate or copy Kaunt or any parts hereof.

3. Intellectual Property Rights

The Customer accepts that any right, title and interest in and to Kaunt and related services, its codes, interfaces, other documentation, data (excluding the The Customer’s Data), trademarks and other related intellectual property rights and materials (“IPR”) are and shall at all times remain the sole and exclusive property of Kaunt A/S. 

4. Customer Data and Confidentiality

Kaunt A/S is obligated to treat all customer data confidentially and will not disclose any such data to third parties (except The Customer’s employees and other professional advisors engaged by The Customer) without prior consent of The Customer. 

Customer data will be used solely in connection with delivery of the consultancy services and development of Kaunt.

Upon termination of the consultancy service or assignment Kaunt A/S has the right, and upon request the obligation, to delete any customer data that may be held by Kaunt A/S.

Data is deleted free of charge.

Data in generic or anonymous form is not considered customer data.

5. Customer engagement

The Customer is obligated, in collaboration with and upon advice from Kaunt A/S, to contribute to optimizing the process and results of the consultancy service or assignment provided by Kaunt A/S.

The Customer is available as a public reference and Kaunt A/S is free to use The Customer’s name for reference.

6. Duration and Termination

Unless otherwise agreed upon in a specific Consultancy Agreement, the collaboration can be terminated by either party via a written notice of 1 month, extending up until the end of the calendar month in which the 1 month period ends.

7. Change of Terms

The Terms valid on the day of signing the specific Consultancy Agreement shall be applicable.
In case of change of Terms, the new Terms shall apply only to future Consultancy Agreements.

8. Accessibility and performance of Kaunt

Kaunt A/S intends to use all commercially reasonable efforts to optimize the availability and business effect of Kaunt. 

Kaunt will not be available when system back-up, updating or other maintenance is carried out, or in case of any unforeseen incident beyond the control of Kaunts A/S, including – but not limited to – failure on the part of subcontractors, Internet network failures, lack of access to Customer data and network or any force majeure event.

9. Liability

Kaunt A/S strives to deliver high quality performing consultancy services but cannot warrant that Kaunt and related consultancy services will always be 100% uninterrupted or free of error.

The Customer accepts sole and complete responsibility for the selection of Kaunt and related consultancy services to achieve The Customer’s intended business purposes, and The Customer holds the sole responsibility for running its business in compliance with all applicable laws, rules, and regulations.

To the maximum extent permitted by applicable law, Kaunt A/S shall in no event stand liable for any loss or damage whatsoever.

The limitation of liability applies to all types of negligence and liability, including product liability, as well as all type of losses, including indirect losses, lost profits, loss of data or damage to data.

Kaunt A/S is not liable for the actions of sub-contractors.

The maximum aggregate liability of Kaunt A/S upon any claims whatsoever, for one or more incidents, are limited to an amount corresponding to the total consultancy fee paid or to be paid by The Customer to Kaunt A/S under the specific Consultancy Agreement. 

10. Transfer and sub-contractors

Kaunt A/S has the right to assign its rights and obligations towards The Customer in part or in whole to a third party.

The Customer agrees that Kaunt A/S is entitled to use sub-contractors.

11. VAT and price regulation

All amounts are exclusive of VAT and indirect taxes which will be added as required by law. 

On January 1st of each calendar year, Kaunt A/S shall be entitled to automatically increase all fees and prices by 3%.

12. Governing Law and Venue

Kaunt A/S services shall be governed exclusively by and interpreted in accordance with Danish civil laws. Any dispute arising out of or in connection with Kaunt A/S services shall be settled by the competent court in Denmark.

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