Terms of use | Onlime.dk

Company information:
Rauff & Ditlev I/S ("Onlime" and/or "we") CVR-nr. 34633215
Jernbanegade 57
5500 Middelfart
E-mail: kundeservice@onlime.dk

1. ONLIME.DK
1.1. Onlime.dk (the "Website") is owned and operated by Onlime, which provides cloud-based storage services (the "Service") that allow you to store, back up, synchronize and share files over the Internet.
1.2. Onlime provides the Service to both consumers and businesses (collectively, the "Customer" and/or "you"). The Customer shall be considered a trader for all purposes, unless the law explicitly states otherwise.
1.3. Use of the Service requires the Customer to create an account on the Website, as set out in clause 3.

2. INTRODUCTION TO TERMS OF USE
2.1 These Terms of Use ("Terms of Use") apply to any ordering of, purchase of, receipt of, use of, and agreement relating to the Service.
2.2. We reserve the right to change the Terms of Use. Onlime's then-current Terms of Use shall govern Onlime's provision of the Service and the Customer's use thereof. We may make immaterial changes to the Terms of Use without notice, which changes shall mean changes that do not, or only immaterial, impair your rights and/or terms. We may make other changes to the Terms of Use on 30 days' written notice, in which case you will have a right to terminate the Service with effect from the day on which the change takes effect.

3. ACCOUNT
3.1. Use of the Service requires the creation of an account on the Website. When creating an account, you must enter your email address and a password.
3.2. Upon creation, your account is automatically a Free Account subject to the terms and conditions set forth in section 3.5. You may upgrade your account by purchasing a subscription subject to the terms and conditions set forth in section 4.
3.3. Unless otherwise agreed in writing, the account is personal and may not be shared with third parties. You are responsible for protecting the password to your account.
3.4. You must immediately notify Onlime at kundeservice@onlime.dk if you detect or suspect any unauthorized access or activity on your account.
3.5. Free Account
3.5.1. With a Free Account, the Service is provided with a limited online storage capacity and with access to the features listed on the Website. Notwithstanding clause 2.2, we may add and/or change the terms of a Free Account at any time without notice and without you being entitled to compensation.
3.5.2. Onlime is entitled to display advertisements, including third party advertisements, on the Website to Customers with a Free Account.
3.6 Account upgrade and downgrade
3.6.1 Your account can be upgraded and downgraded via "My Onlime" on the Website.
3.6.2 Upgrade means that you change your current subscription to a more expensive subscription. Downgrading means that you change your current subscription to a cheaper subscription.
3.6.3. You may upgrade your account at any time. Upon upgrade, your current subscription will terminate and you will receive a refund of any unused subscription period already paid for, while purchasing a new subscription with a full subscription period upon payment of the full price of the new subscription.
3.6.4. You may downgrade your account at the end of the subscription period of your current subscription in accordance with the applicable termination terms. Downgrading is conditional on you having reduced the total amount of data on your account to the maximum storage capacity under your new subscription, otherwise the downgrade will not take effect.

4. SUBSCRIPTION TERMS
4.1. You may purchase additional storage capacity and features for the Service by purchasing a subscription.
4.2. Subscriptions are broadly divided into the following types:
(i) Personal (for individuals)
(ii) Family (for individuals)
(iii) Business
4.3. The above subscriptions, including terms, content, duration, etc., are described on the Website at www.onlime.dk/priser.

5. PRICES ON THE HOME PAGE
5.1. Prices on the Home Page for "Personal" and "Family" are inclusive of VAT.
5.2. Prices on the Home Page for "Business" are exclusive of VAT.

6. SUBSCRIPTION PURCHASE AND PAYMENT
6.1. Subscriptions can be ordered on the Website.
6.2. Before placing a final order on the Website, the contents of the order, including the subscription type, duration, description and total price including VAT will be displayed.
6.3. By placing an order, you and Onlime enter into a binding agreement regarding Onlime's delivery of and your payment for the ordered subscription.
6.4. Onlime accepts payment by Dankort, Visa, Mastercard and MobilePay. Payment is made at the same time as the order is placed. After the payment has been made, you will receive an invoice/receipt by e-mail.
6.5. All payments are made in Danish Kroner (DKK).

7. RIGHT OF WITHDRAWAL
7.1. Consumers have the right of withdrawal in accordance with the legal provisions in force at any time. In addition, we offer a right of withdrawal to all Customers in accordance with the terms of this paragraph 7.
7.2. The right of withdrawal is 14 days starting from the day the subscription was ordered.
7.3 When exercising the right of withdrawal, you must notify Onlime within the withdrawal period, which must be sent to kundeservice@onlime.dk or by post to Onlime's address. Customers who are consumers may choose to use the standard withdrawal form found at the bottom of these Terms of Use.
7.4. You may not exercise your right of withdrawal by simply refusing to use the subscription without simultaneously notifying Onlime.
7.5. Upon exercising your right of withdrawal, you are entitled to a refund of the purchase price paid by you for the subscription.
7.6. We will make the refund without undue delay and within 14 days of receipt of the Customer's notice of exercise of the right of withdrawal.
7.7. The refund will be made using the same means of payment as the Customer used for the purchase, unless otherwise agreed.

8. REFERRAL DISCOUNT
8.1 Customers ("Referrer") with the "Personal" and/or "Family" subscription receive a discount on the Service ("Referral Discount") by referring other persons ("Referred Customer") to Onlime in accordance with the terms of this Section 8. The Referrer may refer others to Onlime via their unique and personal referral page. The link to this appears under "My Onlime" on the Website.
8.2 The following conditions must be met to be eligible for a Referral Discount
(i) The Referrer is not a trader,
(ii) The Referred Customer must register via the Referrer's personal referral page,
(iii) The Referrer and the Referred Customer must be resident in the same country at the time of the Referred Customer's compliance with the above clause. (ii),
(iv) The Referred Customer must not have previously been a Customer of Onlime, and
(v) The Referrer has no overdue payment obligations to Onlime at the time of the Referred Customer's compliance with the above point. (ii).
8.3 The Referral Discount shall be charged to the Referrer per Referred Customer as follows:
(i) The Referral Discount shall be recorded and implemented upon the Referred Customer's purchase of and payment for a subscription with Onlime.
(ii) The Referral Discount is added to the Referrer's subscription and applies to future charges from Onlime to the Referrer, provided both the Referrer and the Referred Customer have an active and paid subscription with Onlime. If the Referred Customer terminates his subscription with Onlime, the Referral Discount related to that Referred Customer will be forfeited.
(iii) The applicable Referral Discount is available on My Onlime and on https://onlime.dk/ referral.
8.4. The Referral Discount is personal and non-transferable.
8.5. The Referral Discount shall terminate upon the Referrer's termination of his subscription.
8.6. Notwithstanding clause 2.2, we may change or cancel the Referral Discount at any time, without notice and without the Referrer's right to compensation. We accept no responsibility for any technical inaccuracies or errors in writing relating to the Referral Discount. We may, at any time, without notice and without the Referrer's right to compensation, close an account and/or revoke any credited discount on suspicion of fraudulent activity.

9. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
9.1 Use of the Service requires you to use a program ("Software") that is accessed through the Website and/or installed on computers and mobile devices.
9.2 We grant you a limited, non-exclusive, non-transferable, personal, and revocable license to use the Software for the purpose that follows from the description and nature of the Software. The license is valid until your account is terminated.
9.3. You do not transfer any intellectual property rights, copyrights or other rights beyond the right of use that comes with a license.
9.4. You do not have the right to copy, integrate, use, combine, disclose, reverse engineer, or otherwise (mis)use or infringe any rights related to the Software of Onlime and/or the third party from which Onlime derives its rights.
9.5 Any infringement of rights related to the Software or other violation of the provisions of this section may result in liability and legal action, including injunction, and termination of the license.

10. CHANGES TO CUSTOMER INFORMATION
10.1. You are obliged at all times to keep your information up to date as necessary to provide the Service. This is information such as email address, name, address and telephone number.
10.2. You alone are responsible for any costs and losses related to incorrect or failure to update your information, including costs associated with lost subscription renewal information.

11. TECHNICAL REQUIREMENTS FOR USE OF THE SERVICE
11.1. Use of the Service requires a compatible computer or mobile device with Internet access. See more information on technical requirements on this page.
11.2. The Service may include certain messages, including service and administrative messages, which are considered part of the subscription and therefore cannot be opted out of.
11.3. You are responsible for remembering your passwords and keeping them confidential. You are solely responsible for any activity that occurs under your account and subscription.

12. FAIR AND ACCEPTABLE USE
12.1. Customers with the "Personal" subscription may use the Service for normal and individual use in accordance with the subscription description on the Website.
12.2. The "Personal" subscription has unlimited storage space. If the Customer's storage exceeds 5 TB, the bandwidth will be reduced proportionally to the exceeded usage. See more about this in this article.
12.3. Customers with the "Family" subscription may use the Service for normal private use in accordance with the subscription description on the Website.
12.4. General restrictions
12.4.1. Restrictions on bandwidth and the number of api calls may apply.
12.5. The provision of support by Onlime to the Customer, which does not relate directly to the Service, is charged at Onlime's fixed hourly rates as shown on the Website.
12.6 Abuse
12.6.1 The following may be considered abuse of the Service:
(i) If a Customer's total storage space and network usage exceeds the normal usage of an average Customer,
(ii) If the Service is used for other than the subscription intent (e.g. if the "Personal" subscription is used by more than 1 person, or if the "Personal" or "Family" subscription is used for business purposes),
(iii) Reselling, renting, relicensing or otherwise transferring, in whole or in part, the User Account or subscription, including storing data for third parties on the Customer's account, and/or sharing passwords with third parties,
(iv) Storing and/or distributing data in the Service that violates Norwegian or Danish laws and regulations, including privacy and copyright laws, child pornography and other illegal content, and/or
(v) Using the Service for illegal activities.
12.6.2 Misuse of the Service constitutes grounds for termination, with the consequence that we may terminate your subscription, delete your account and your data in the Service. Before the termination will always contact you.

13. SPECIAL TERMS AND CONDITIONS FOR BUSINESS
13.1 The "Business" subscription is subject to special terms and conditions as set out in this clause 13.
13.2 The Customer shall appoint an account administrator who shall be responsible for the following on behalf of the Customer:
(i) Creating members under the Business Account by entering the email addresses and name of each member. The Customer is responsible for the use of the Service by Members,
(ii) Maintaining control of and having control over all Member accounts,
(iii) Ensuring that the inventory capacity of Members is increased or decreased as necessary,
(iv) Adding or removing individual accounts as necessary, and/or
(v) Terminating the Business Account and/or changing the subscription. Such changes will be effective as of the end of the current subscription period. The termination will delete all files immediately.
13.3 The Account Administrator does not have access to data stored on Members' accounts. The account administrator has access to read activity on members' accounts, and thus file and folder names including transferred files and other details of account activity.
13.4. It is possible for members to share data and files stored on their accounts.

14. RENEWAL AND TERMINATION OF SUBSCRIPTIONS BY THE CUSTOMER
14.1. On the day following the expiry of a subscription period (the "Renewal Day"), the subscription will be renewed for a corresponding subscription period, unless the subscription has been terminated in accordance with the Termination Terms. You have a right of withdrawal of 14 days starting from the Renewal Day in accordance with the terms under point 7.
14.2. On the Renewal Day you will be invoiced for the renewal. Payment will be made automatically via the associated card or other payment method. If the automatic payment fails, the Customer will be informed by e-mail.
14.3. Your cancellation of a subscription must be made at least 24 hours before the Renewal Day, when this is done via My Onlime under "Cancellation". Your termination of a subscription by other means, including by e-mail, telephone or chat, must be made at least 7 days before the Renewal Day.
14.4. You may, upon payment of a termination fee of DKK 400 including VAT, terminate your subscription extraordinarily outside the general termination periods of the Terms of Use and your right of withdrawal. In the event of extraordinary termination, you will receive a refund of the purchase price paid for the remainder of the subscription period, less the termination fee.
14.5 Your data and files will be deleted at the end of the subscription period. We will delete user data within 90 days after termination of the subscription or user account.

15. EXTRAORDINARY TERMINATION OF SUBSCRIPTIONS BY CONSUMERS
15.1. Consumers may terminate subscriptions in accordance with Article 28 of the Consumer Contract Act with 1 month's notice to the end of a month when 5 months have elapsed since the subscription agreement was concluded, provided that the conditions set out in Article 28 of the Consumer Contract Act are met.
15.2. Non-payment does not constitute termination.
15.3. If the consumer has paid for a subscription period that is after the time of termination of the agreement according to the termination, the consumer will receive a refund for this subscription period. The refund will be made to an account number or credit card provided by the consumer. The reimbursement shall be calculated on the basis of the price of the subscription in question at the time of termination.

16. ONLIMES TERMINATION AND/OR TERMINATION
16.1 We may terminate a Free Account that has been inactive for a period of one year or longer. In this case, you will receive an email in advance.
16.2. We may refuse, suspend, stop or terminate the provision of and/or your use of the Service if you fail to comply with the Terms of Use, including misuse of the Service. If we suspend and/or terminate the Service, you will be given a period of time to download and/or move your files from the Service.
16.3. Unless the circumstances are particularly serious, we will send you a written warning before suspending and/or terminating the Service.
16.4. If the Service is terminated as a result of your circumstances, no refund will be made for any remaining portion of the subscription period.
16.5. We may terminate your subscription on 30 days' notice to you before the end of a subscription period.

17. MOVEMENT OF DATA
17.1 We are entitled to change, improve and update the Service from time to time, provided that this does not result in a degradation of the Service.
17.2 We are entitled to move your data from one server and/or cloud solution to another server and/or cloud solution, provided that this is done with at least 1 month's notice and provided that the move does not result in a degradation of the Service for which you have paid.

18. DEFECTS AND RIGHT OF COMPLAINT
18.1. Danish law's general rules on defects and complaints apply to purchases from Onlime.
18.2 Failure to comply with the complaint deadlines shall result in the Customer forfeiting his right to complain.
18.3 In the event of complaints, the defect must be described and documented to the extent necessary. Onlime may reject a complaint if the Customer - despite requests - does not provide the information necessary to process the complaint.

19. PROTECTION OF PERSONAL DATA
19.1. In connection with the provision of the Service by Onlime, it may be necessary to collect, store and process certain personal data of the Customer or a representative of the Customer.
19.2. Onlime collects, stores and processes only the personal data necessary for the provision of the Service, which primarily includes name, address and contact information.
19.3. Onlime takes data security and the sound protection of personal data seriously. Onlime's Privacy Policy, available on the Website, sets out how Onlime collects, stores and processes personal data. Confidentiality
19.4. Onlime will maintain unconditional confidentiality with respect to all information relating to the Customer and the Customer's personal information received by Onlime.
19.5. Onlime may use subcontractors in connection with the provision of the Service and the operation of the Website. Onlime shall be responsible for and shall ensure that any subcontractors are bound by confidentiality and receive confidential information only when necessary.

20. CUSTOMER'S RESPONSIBILITY FOR USE OF THE SERVICE
20.1. The Customer shall not use the Service for any illegal activity or for any activity that infringes or violates any rights of Onlime or any third party.
20.2. The Customer shall not upload spyware or any other malicious software to the Service. The Customer is responsible for maintaining and protecting its files.

21. DISCLAIMER
21.1. Onlime shall not be liable for any failure, interruption, disruption, repair, failure to update or maintain the Service, including the Website.
21.2. Onlime shall not be liable for any failure, interruption, disruption, repair or the like, directly or indirectly caused by any third party.
21.3 Onlime shall not be responsible or liable for any loss of business, loss of profits, consequential loss or other indirect loss suffered by the Customer directly or indirectly arising out of the Service or the Customer's use of the Service.
21.4. Onlime disclaims all liability for loss and damage related to data loss, data leakage, data theft, data recovery and Customer's other damages and losses related to the Service.
21.5. Onlime's liability to Customer shall in no event exceed the purchase price paid by Customer for the Service.

22. FORCE MAJEURE
22.1. Onlime shall not be liable for any force majeure-like situations and circumstances, meaning circumstances beyond Onlime's control, including but not limited to changes in laws, changes in third party systems, strikes and lockouts, governmental orders, hacker attacks, IT threats, and other external circumstances affecting the Service, etc.

23. VALIDITY
23.1. If any provision of these Terms of Use is held to be invalid, unenforceable or non-binding, the Customer shall remain bound by all remaining provisions. In such cases, a substitute provision with similar effect to the invalid or non-binding provision shall be accepted.

24. COMPLAINTS
1 Consumers who wish to complain about a purchase should contact Onlime's customer service at kundeservice@onlime.dk.
24.2 Consumers who disagree with Onlime's handling of a complaint may send a complaint to:
Center for Klageløsning og Forbrugerklagenævne
Nævnenes Hus Toldboden 2
8800 Viborg www.naevneneshus.dk
24.3. If a consumer is resident in an EU country other than Denmark, the complaint can be sent to the EU Commission's online complaints portal via the following link: http://ec.europa.eu/odr

25. LAW AND JURISDICTION
25.1. The Terms of Use and any agreement relating to the Service shall be governed by Danish law.
25.2. Any dispute between Onlime and a Customer relating to the Service and/or the Terms of Use shall be brought before the court of Onlime's jurisdiction at the time of commencement of the litigation.

Standard withdrawal form
This form is to be completed and returned only if the right of withdrawal is exercised.
To:
Rauff & Ditlev I/S
CVR-nr. 34633215
Jernbanegade 57
5500 Middelfart
E-mail: kundeservice@onlime.dk
I hereby inform you that I wish to exercise my right of withdrawal in connection with my purchase contract for the following goods/services:
Ordered on the following date: Received on the following date:
Name of consumer: Consumer's address:
Consumer's signature (only if the form is communicated on paper)
Date:
_____________________