Terms and Conditions
Note: This is not a legally binding translation. Only the Danish version is legally valid.
EIJO's services and contractual basis
EIJO has developed a program for calculating ingredient and nutritional values for use in food declarations ("Application"). The Application is made available on the deklaration.dk website (the "Website").
These terms and conditions ("Terms and Conditions") apply to any agreement between EIJO ApS, CVR number 42889873 ("EIJO"), and the company as a customer ("Customer").
These Terms and Conditions apply as agreed by the Customer's affirmative tick of the box "I accept EIJO ApS' terms and conditions" on the Website. These Terms and Conditions shall also apply as agreed upon EIJO's submission of order confirmation for consultancy services by reference to these Terms and Conditions.
If you represent a company that becomes a Customer of EIJO, you personally represent that you can legally accept these Terms and Conditions on its behalf.
EIJO may change and update these Terms and Conditions at any time. The applicable Terms and Conditions will always be available on the Website. Use of the Application and/or Website after a change to these Terms and Conditions shall be deemed acceptance by the Customer of the amended Terms and Conditions.
Conclusion of agreements
Agreements for subscription services start on the day on which the Customer has ordered them on the Website.
Consultancy services are provided according to an individual written offer from EIJO to the Client.
Sending a data sheet and/or recipe is considered an order and can therefore be invoiced according to the price list, item "Consultancy services in connection with the preparation of the declaration – fixed price".
The Application is offered exclusively to business customers. Therefore, there is no 14-day right of withdrawal.
Prices and payment
EIJO offers the services and prices listed in the price list.
For subscription services and consulting services, EIJO may adjust prices with 30 days' notice.
Subscription services are billed and paid for in advance. Invoice is sent on the 15th of the month preceding the next calendar month. The terms of payment are 14 days net.
Consulting services are paid net in cash at the latest after the assignment has been completed,
(i) however, prior to EIJO's initiation of a solution of the consultancy assignment, the Customer must pre-pay an agreed fee on account, if stated in EIJO's order confirmation,
(ii) just as the time spent in the month is invoiced at the end of each calendar month. At the last invoicing, the fee paid by the Customer on account will be deducted from the last month's fee. Any overpaid on-account fee will be refunded to the Customer without undue delay.
All forms of support are basically a consultancy service and are settled according to time spent, cf. the price list.
Subscription services for additional functions, however, entitle you to email support in the use of the Application on the Website. However, this support does not include assistance for general understanding and preparation of declarations, but only for the use of the Application on the Website.
For free basic and subscription services, EIJO grants the Customer a non-exclusive and time-limited right to use the Application on the Website as provided from the server. This right applies exclusively to the Customer, and the Application may not be used by anyone other than the Customer and may not be used to perform data processing or services for anyone other than the Customer itself, unless otherwise agreed in writing between EIJO and the Customer. The Customer warrants and has full responsibility for those to whom the Customer grants access to the Application or who use the Customer's login.
The customer may not transfer a subscription to a third party.
EIJO owns all intellectual property rights in the Website and its underlying system to the extent that the intellectual property rights are not owned by others.
EIJO reserves the right to make updates to the Website on Sundays between 10 am and 12 noon, Danish time, or upon further notice.
The Website is considered accessible and delivery has taken place when the Website and data are available on the Internet. That is, the customer is responsible for his own equipment and internet connection.
EIJO assumes no responsibility for the accuracy of external data, e.g. data from FRIDA and other food tables.
The customer is responsible for the content of his (or his client's) food declarations, cf. the labelling legislation. EIJO makes an effort to calculate correctly, but it is ultimately the Customer's own responsibility to ensure that information in food declarations is correct and that adequate data on the ingredients and recipes used in the calculations are included and/or correctly applied, and that food legislation, etc. is complied with.
EIJO disclaims all liability in relation to the use of the Application on the Website, regardless of whether this arises in contract or outside of contract, including for consequential damages or other indirect losses as well as losses that have arisen as a result of simple negligence.
EIJO reserves the right to update and modify the Application. In some cases, it may be necessary to close access to the Application and the Website while updates are being made. EIJO strives for the highest possible operational stability of the Application but does not guarantee it.
EIJO is not responsible for any breakdown or temporary interruption of the ability to use the Application, breakdown in power supply or internet connection, vandalism of the system (both physical as well as computer viruses and hacking) or other conditions and circumstances beyond EIJO's control.
EIJO's maximum liability to the Customer, whether for free basic services, subscription services or consulting services, for whatever reason, shall never exceed an amount equal to the Customer's total payment of fees for one year for the use of the Application.
EIJO's use of data, etc.
The customer owns his data, however, cf. below about ingredients created by EIJO. The customer can receive his data in machine-readable format (csv files) at any time.
EIJO builds a translation machine to help the Customer and other users. For this, EIJO uses all words entered on the language tab, e.g. in the fields Name and Declaration Name. It will not be possible to attribute the Customer's words back to the Customer.
The ingredients that EIJO creates for the Customer may be reused for other Customers, but without being traceable back to the Customer. Thus, the Customer does not own data on the raw materials that EIJO has entered for the Customer.
The Customer's recipes always belong to the Customer and cannot be accessed by other customers, nor reused for other customers.
EIJO logs the Customer's activity on the Website locally on EIJO's servers. The log is used only for technical debugging.
EIJO stores the Customer's login credentials and uses them only to control the Customer's access to the Website.
EIJO stores the Customer's company information such as CVR number as well as the contact person's name, company phone number and email address. The latter is used for sending invoices. None of this information is shared with third parties. No personal data other than the name of the Customer's contact person will be processed.
See also personal data policy.
Termination of the agreement on subscription services must be made by the Customer no later than 30 days before a new subscription period (calendar month) begins. Immediately upon expiry of the notice period, EIJO blocks the Customer's access to the Application and after three (3) months all data entered by the Customer into the system will be deleted.
Failure to pay on time for a subscription period (calendar month) is considered the Customer's termination.
EIJO may terminate the subscription service agreement upon three (3) months' notice to the end of a calendar month.
Subject to the general rules of Danish law for breach and unless a right of termination has been agreed, agreements on consultancy services may not be terminated by either EIJO or the Client, as such consultancy agreements remain in force until the consultancy agreement has been fulfilled.
Disputes between the customer and EIJO shall be settled in accordance with Danish law with the Copenhagen City Court as the agreed venue in the first instance.