Terms and Conditions
These terms and conditions were updated and effective as of April 29th, 2020.
Please read these Terms carefully.
By using our App, by signing up for an account on our website, you’re agreeing to these Terms, which will result in a legal agreement between you and Gluu (hereafter “Agreement”).
Gluu (hereafter “Gluu,”, “we,” or “us”) is solely an online process management platform (hereafter “Web Application”) that allows you to manage your processes, work instructions, roles and to create, and manage certain cases, among other things.
The Web Application is only offered via our website at: https://secure.gluu.biz.
Additionally, Gluu offers access to your activities, work instructions and cases through a mobile application (hereafter “Mobile Application”).
Collectively we will referer to the Web Application and the Mobile Application as “The App” and together with Gluus online support the “Service”.
Please note that our Web application by default will send emails to process- Owners, Editors and Members as part of normal usage of The App.
If you don’t agree to these Terms and conditions, you must immediately discontinue your use of the Service.
Gluu uses Microsoft and YouTube to provide certain features of the Service, and, as a result, we are contractually obligated to make you aware of certain terms related to the use of such features.
Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by:
If you download the Mobile Application through the Apple App Store, Google Play or any other app store or distribution platform (“Application Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the Application Provider, and that we are responsible for the Service, not the Application Provider; (ii) the Application Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the Application Provider is not responsible for addressing any claims you or any third party have relating to the Mobile Application; and (iv) the Application Provider is a third-party beneficiary of these Terms as related to your use of the Mobile Application, and the Application Provider will have the right to enforce these Terms as related to your use of the Application against you.
In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the account registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
2. Term and termination
When you sign up for an account and agree to these Terms, the Agreement between you and Gluu is formed, and the term of the Agreement (the “Term”) will begin. The Term will unless otherwise agreed in writing, continue for as long as you have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.
If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
Gluu may, in its sole discretion, at any time discontinue providing or limit access to The App. You agree that we may, in its sole discretion, at any time, terminate or limit your access to, or use of, The App or any Content. We may terminate or limit your access to or use of The App if we determine, in its sole discretion, that you have infringed the copyrights of a third party.
You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.
3. Changes to Terms
We may change any of the Terms by posting revised Terms on our Gluu Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
4. Acceptable use
At the time of entering into this Agreement, you are granted a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to this Agreement.
All rights not expressly granted to you are reserved by Gluu.
You may use the Services, on a non-exclusive basis, solely to:
- map processes, handle work instructions, roles and tasks;
- handle comments made by users of The App;
- get an overview of existing active cases and planned activities;
- download data from the Web Application;
- handle and execute past and present cases (requires the Pro subscription);
- handle planned activities (requires the Pro subscription).
You shall not (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” any content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
5. Free account
Gluu offers 14 days of free access to the Service as a trial period.
After 14 days from the signup date an upgrade to a Paid account is required for continued use of the Service. Unless you upgrade to a Paid account Gluu can at their discretion chose to delete your account without prior warning.
The before mentioned upgrade is achieved by adding valid credit card information to the App, please refer to “Debit and Credit Cards“ for further information.
During the trial period Gluu cannot be held liable of any of your losses, liabilities, claims, costs, damages and expenses, including attorneys’ fees and costs, paid or incurred in connection with Service, regardless of Gluus gross- and/or slight negligence.
Please note that during the trial period Gluu does not necessarily backup any part of your processes, work instructions, roles and cases, among any other part of Service.
6. Termination of Free accounts due to inactivity
Gluu may terminate your free account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over six (6) months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
7. Paid account
When you sign up for a paid monthly/yearly plan, you are required to select your subscription plan (e.g., Standard or Pro) (hereafter “Plan”) for all user licenses based on your anticipated use of the Service.
Each Plan offers different pricing and feature options depending on your subscription selection and amount of users.
If you chose to upgrade your paid account (eg. changing Standard plan to Pro plan or increasing the amount users) you will incur additional charges.
You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable additional charges for the higher tier).
When you sign up for a Plan, you agree to monthly recurring billing, unless otherwise agreed explicitly in writing, paid by you using either Card og invoices starting on the date you sign up.
Billing occurs on the same day each month/year (depending on agreed invoicing) , based on the date that you started your Plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
If any part of a month is included in the Term, then payment is required for the full month.
8. User licence
Regardless of the plans (Standard or Pro) the licence grants acces to Services for one named workstation or one named individual user only. Collective or shared users (eg. a user group that consists more individuals under one name) will be banned from using Services.
Gluu will inform you in writing prior to executing banning.
9. Debit and Credit Cards
As long as you’re have an account with a Plan or otherwise have an outstanding balance with us, you’ll provide us with valid debit or credit card (“Card”) information and authorise us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one.
If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that Card, and that any and all charges may be billed to that card and won’t be rejected.
If we’re unable to process your card order, we’ll try to contact you by email and may suspend your account until your payment can be processed.
Your Plan can be paid by invoice if the parties agrees to this (in writing) prior using the Service.
11. Payment terms
Unless otherwise specified in writing an invoice will be issued for all payments, which falls due for payment at the latest fourteen (14) days net after receipt of an invoice. You are deemed to have received an invoice on the second Working Day after the date of dispatch of the invoice unless otherwise documented.
We will give you a refund if we stop providing the Service without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.
13. Proprietary Rights
We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service.
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Gluu in the course of using the Service or which Gluu retrieves or accesses at your direction or with your permission (“Content”).
You retain ownership of the Content that you upload to the Service.
You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sub-licensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback and that we may use any Feedback you provide to improve the Service or to develop new features and services.
15. Right to Review Content
We may view, copy, and internally distribute Content from your account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these tools to make the Service smarter and create better experiences for all account holders.
Upon written request from you, Gluu can exclude you from this activity.
17. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Gluu or its partners, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if Gluu, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, Gluu, its partners’, suppliers’ and resellers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the Services (if any) in the six (6) months preceding the event or circumstances giving rise to such claims.
19. Force Majeure
Neither party will be responsible for any delay, interruption or other failures to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods, pandemics); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
20. Governing law, jurisdiction and venue
This Agreement shall be governed in all respects and shall be interpreted by and under Danish laws. The courts having exclusive jurisdiction over matters pertaining to this Agreement are Danish.
The parties hereby agree that the venue for any action brought in connection with this Agreement shall lie exclusively in Copenhagen, Denmark.
Gluu ApS can be contacted at the following address:
Matrikel1, Højbro Plads 10
DK-1200 Copenhagen K