CrowdEyes – Terms of Use (B2B)
These Terms of Use apply to your company’s and your employees’ access to and use of CrowdEyes’ web-based solution for managing lost property (CrowdEyes WebApp), the related mobile app (CrowdEyes MobileApp) and other associated services, collectively referred to as the “Solution”.
The Solution is developed for business customers – for example hotels, schools, amusement parks, bars and restaurants – that need to register, share, manage and document lost property cases. Potential owners of items may use the CrowdEyes MobileApp to view and request items registered by your company.
By accessing or using the Solution, you accept these Terms of Use. If you do not wish to accept them, the Solution must not be used.
The Terms of Use form part of the overall agreement between CrowdEyes and your company, including any data processing agreements, subscription terms and appendices, collectively referred to as the “Customer Agreement”.
These terms govern only the relationship with business customers. Private users of the CrowdEyes MobileApp are covered by separate terms and a privacy policy for the mobile app.
CrowdEyes ApS
Kildegaards Plads 1
DK-2820 Gentofte
Tel.: +45 70 22 60 42
E-mail: support@crowdeyes.com
Web: www.crowdeyes.com
The following terms are used throughout this document with the meanings set out below:
- Customer – the company, organisation or public entity that has entered into an agreement with CrowdEyes for use of the Solution.
- Authorised User – a person, such as an employee, consultant or other representative, whom the Customer has granted access to the Solution.
- Administrator Account – the account used by the Customer to manage users, locations and rights in the Solution.
- Posts – registrations, notes, images and other information created in the Solution by Authorised Users, including information about lost property cases, enquiries and handovers.
- Customer Data – all data, including Posts, entered or uploaded into the Solution by the Customer or Authorised Users.
- Subscription – the subscription plan, including licence type, number of users and locations, agreed in the Customer Agreement.
- Confidential Information – all information of a technical, commercial or organisational nature that is not publicly available and that relates to the Solution or the cooperation between the parties.
- Trademarks – all trademarks, logos and identifiers belonging to CrowdEyes.
Access requires an active agreement. Use of the Solution requires an active Customer Agreement and the creation of user accounts within the agreed Subscription.
User administration. The Customer is responsible for ensuring that Authorised Users are duly authorised to use the Solution on behalf of the Customer, and for keeping user and access rights management up to date on an ongoing basis – including deactivating access for employees who leave the company. The Customer must not grant access to persons outside its own organisation without prior written agreement with CrowdEyes.
Login credentials. Authorised Users must keep their login credentials confidential and must not share them with others. The Customer is responsible for all activity taking place through the Customer’s accounts, unless the Customer can demonstrate that unauthorised use occurred and could not have been avoided through reasonable security measures.
Suspension of access. CrowdEyes may suspend or restrict access to the Solution if security incidents arise, if misuse is suspected, in the event of material breach, non-payment or requirements from authorities or legislation. CrowdEyes will, as far as possible, inform the Customer as soon as possible.
During the agreement period, the Customer is granted a limited, non-exclusive and non-transferable right to use the Solution for internal business purposes within the scope of the agreed Subscription.
All rights not expressly granted to the Customer belong to CrowdEyes and/or CrowdEyes’ suppliers. The Customer does not obtain any rights to source code, design, know-how, domain names or trademarks beyond what is stated in these terms or the Customer Agreement.
Subscription scope. The content of the Subscription – including features, number of users, number of locations and any add-ons – is set out in the Customer Agreement and/or the selected subscription level at the time of ordering. The Customer may upgrade its Subscription at any time by agreement with CrowdEyes. Downgrades take effect at the end of the current subscription period, unless otherwise agreed in writing.
Payment. Payment terms, invoicing interval and prices are set out in the Customer Agreement. In the event of late payment, CrowdEyes may charge default interest and reminder fees in accordance with Danish law and the Customer Agreement. In the event of material payment delay, CrowdEyes may suspend access to the Solution until payment has been made. Suspension does not release the Customer from the obligation to pay for the period.
Price changes. CrowdEyes may change subscription prices with at least 30 days’ written notice. In the event of material price increases, the Customer has the right to terminate the Subscription with effect from the expiry of the notice period.
Termination. The Customer may at any time request deactivation of individual users through the Administrator Account or by contacting CrowdEyes. Termination of the Customer Agreement itself is governed by the termination provisions in the Customer Agreement.
Data upon expiry. Handling of data upon expiry of the agreement – including export, deletion and storage – is governed by the Customer Agreement, any data processing agreement and applicable legislation. CrowdEyes may offer data export in a common electronic format against any agreed fee. After expiry of the agreement, CrowdEyes may delete or anonymise Customer Data in accordance with the retention periods set out in the data processing agreement and legislation.
Responsibility for Posts. The Customer is responsible for the content created in the Solution by Authorised Users – including ensuring that the content is lawful, accurate and does not infringe third-party rights. This applies, for example, to descriptions and images of items, location information and internal notes. The Customer is also responsible for ensuring that special categories of personal data are not uploaded unless this has been expressly agreed and is covered by a data processing agreement.
Legislation and internal procedures. The Customer and Authorised Users must comply with applicable legislation, including data protection rules, as well as the Customer’s own internal procedures for lost property – for example rules on storage, handover and any transfer to authorities.
Logging. CrowdEyes may log relevant actions in the Solution – for example creation and closure of cases, enquiries and handovers – for operation, security, troubleshooting and documentation purposes. In the event of suspected misuse or unlawful content, CrowdEyes may request relevant documentation from the Customer.
Removal of content. CrowdEyes may remove or restrict access to Posts that are considered unlawful, constitute a security risk or materially conflict with these terms. CrowdEyes will endeavour to notify the Customer before content is removed, or as soon as possible thereafter.
The Customer must not – and must not allow Authorised Users to:
- a) use the Solution for unlawful purposes or in breach of these terms
- b) circumvent security measures or technical restrictions
- c) attempt to reverse engineer or decompile the Solution, unless mandatory law permits this
- d) introduce malware, viruses or other malicious code
- e) access, test or scan systems or networks without permission. Penetration testing requires prior written approval
- f) use the Solution for mass mailing, spam or unauthorised commercial communication
- g) copy or distribute third-party content without permission
- h) remove or alter copyright, trademark or ownership notices
- i) share content that clearly does not relate to lost property – for example offensive, defamatory, discriminatory or objectionable material.
Suspected misuse may be reported to support@crowdeyes.com.
The Customer should also implement reasonable internal security measures, including password policies and device security.
Links to third-party websites in the Solution are provided for information only. CrowdEyes does not control these websites and assumes no responsibility for their content or conditions.
CrowdEyes’ rights. All intellectual property rights to the Solution – including software, design, user interfaces, know-how and documentation – belong to CrowdEyes and/or CrowdEyes’ suppliers. The Customer does not acquire any ownership rights to the Solution. The Customer must not use CrowdEyes’ trademarks in a way that gives the impression of a partnership or endorsement without prior written consent. Conversely, CrowdEyes may mention the Customer as a reference customer, including name and logo, in marketing unless the Customer has objected to this in writing.
Customer data. The Customer retains ownership of its data. CrowdEyes processes Customer Data in accordance with the Customer Agreement and any data processing agreement. The Customer is the data controller for the personal data processed through the Solution and is responsible for ensuring a lawful basis for processing, fulfilling information obligations towards data subjects and otherwise complying with applicable data protection rules.
Use for operation and improvement. CrowdEyes may use Customer Data to the extent necessary to provide, operate, secure and troubleshoot the Solution. Use for product improvements takes place only in aggregated or anonymised form and in accordance with the Customer Agreement and data protection rules.
The Solution is a digital tool for registering, sharing and documenting lost property cases. All physical handling of items – including storage, handover and any transfer to authorities – is carried out and decided solely by the Customer.
CrowdEyes strives for high availability, but shorter periods of downtime may occur – for example in connection with planned maintenance or unforeseen operational disruptions. Planned maintenance is, where possible, scheduled outside normal working hours.
Support is provided in accordance with the support terms set out in the Customer Agreement or at www.crowdeyes.com.
CrowdEyes may continuously update the Solution, including features, security and user interface. In the event of material restrictions to functionality, CrowdEyes will, as far as possible, give the Customer reasonable prior notice, unless security considerations or legislation require an immediate change.
These Terms of Use may also be updated. In the event of material changes, the Customer will be informed by e-mail, in the Solution or on CrowdEyes’ website. If the Customer continues to use the Solution after the changes take effect, this is considered acceptance. In the event of material deterioration, the Customer may terminate the Customer Agreement with shortened notice to the end of the month in which the changes take effect.
Provision of the Solution. The Solution is provided, as a general rule, “as is” and “as available”, subject to any service obligations agreed in the Customer Agreement.
Indirect losses. CrowdEyes is not liable for indirect losses, including operating losses, loss of profit or loss of data, unless caused by CrowdEyes’ gross negligence or wilful misconduct, loss of goodwill or consequential damages.
Physical handling. CrowdEyes is not liable for the Customer’s actual handling of items – including storage, handover or transfer to authorities. The Solution is solely an administrative tool; all decisions concerning items are made by the Customer.
Maximum liability. CrowdEyes’ total liability for damages is limited to the amount excluding VAT paid by the Customer for the Solution in the 12 months preceding the event giving rise to the claim, unless otherwise required by mandatory law. Nothing in these terms limits liability for matters that cannot be limited under mandatory law.
CrowdEyes may use subcontractors – including sub-processors – to provide the Solution, for example for hosting, infrastructure and communication services. CrowdEyes is responsible for subcontractors’ services in the same way as for its own services and ensures that the necessary data processing agreements are in place.
An overview of significant sub-processors may be set out in the data processing agreement or in information available on CrowdEyes’ website.
These Terms of Use and the Customer Agreement are governed by Danish law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Disputes shall be settled by the Copenhagen City Court as the agreed venue, unless the parties agree otherwise in writing.
These Terms of Use, together with the Customer Agreement, appendices and any data processing agreements, constitute the entire agreement between the parties regarding use of the Solution and replace any previous terms in this area.
If you have any questions about these Terms of Use, you are welcome to contact us at support@crowdeyes.com.
