Terms and Conditions for FundFrame ApS

1. Introduction

  • Overview: This document outlines the terms and conditions under which FundFrame ApS ("FundFrame", "we", "us", or "our") offers access to its software services ("Services") to you, the customer ("Customer" or "you"). By accessing or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy.
  • Legal Entity: FundFrame ApS is a company incorporated in Denmark with business registration number (CVR) 44736799, and is subject to Danish law.

2. Services Description

  • Functionality: FundFrame provides a software platform designed to support private equity operations, hosted on Amazon Web Services (AWS). This includes the provision of data and consultancy services tailored to the specific needs of your organization.
  • Data Provision: While FundFrame endeavors to provide accurate and up-to-date data, we do not guarantee the accuracy, completeness, or timeliness of the data provided through our Services. The data is supplied for informational purposes only and should not be relied upon without further independent verification.

3. Consultancy Services

  • Overview: In addition to software services, FundFrame offers IT consultancy services and investment consultancy services ("Consultancy Services") designed to modify and adapt the platform according to the specific requirements of your organization.
  • Scope of Services: The specific scope of the Consultancy Services, including deliverables, timelines, and any other specific requirements, will be detailed in a separate Statement of Work (SOW) or similar document, which shall be agreed upon by both parties and shall form part of the contract.
  • Performance: FundFrame will perform the Consultancy Services with reasonable skill and care, in accordance with professional standards. However, FundFrame does not guarantee that the Consultancy Services will result in any specific outcome or benefit.
  • Customer Responsibilities: You agree to provide all necessary cooperation, information, and access to resources as reasonably required by FundFrame to perform the Consultancy Services effectively. Failure to do so may affect the quality, performance, and outcomes of the Consultancy Services provided.

4. User Obligations

  • Account Registration: You must register for an account to access the Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
  • Use of Services: You agree to use the Services only for lawful purposes and in accordance with the terms outlined here.

5. Data Ownership and Privacy

  • Data Ownership: All data inputted by you into the Services remains your property. FundFrame claims no ownership rights to any customer data.
  • Data Use: FundFrame will not use, disclose, or access any customer data except as necessary to provide the Services, or as required by law.
  • Data Protection: Data will be stored and processed in accordance with applicable data protection laws and our Privacy Policy. The hosting on AWS adheres to robust security standards to safeguard data integrity and confidentiality.

6. Fees and Payment

  • Fees: Fees for the Services will be set forth in your Service Agreement and must be paid in accordance with the terms therein.
  • Invoicing and Payment: Invoices are issued monthly and are due within 30 days of receipt. Late payments may result in the suspension of Services.

7. Intellectual Property Rights

  • Ownership: FundFrame retains all rights, title, and interest in the Services, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein.

8. Termination

  • Term: These Terms remain in effect as long as you use the Services or until terminated by either party in accordance with the Service Agreement.
  • Termination for Breach: Either party may terminate the Agreement upon notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of notice.

9. Limitation of Liability

  • Consultancy Services: FundFrame shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with the use of or reliance on the Consultancy Services provided, except as expressly agreed in the Statement of Work.
  • Data Accuracy: FundFrame does not warrant the accuracy of the data provided as part of the Services and disclaims all liability for any errors or inaccuracies in such data. You agree that you use and rely on the data provided by FundFrame at your own risk.
  • Liability: To the fullest extent permitted by law, FundFrame shall not be liable for any damages resulting from the use of the software or data provided, except as expressly stated in these Terms or the applicable Service Agreement.

10. Miscellaneous

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles.
  • Dispute Resolution: Any disputes arising from these Terms will be resolved through arbitration in Copenhagen, Denmark.

11. Contact Information

  • Support: For support with the Services or for questions about these Terms, please contact support@fundframe.io.