Last updated: 30 April 2020
• What Data do we collect?
• How do we collect Data?
• How will we use Data?
• How do we store Data?
• Our third party Data processors
• For how long do we keep Data?
• What are your data protection rights?
• Privacy policies of other websites
• How to contact us?
• How to contact the appropriate Danish authority?
What Data do we collect?
Abzu collects the following Data:
• Your name
• Your email address
• Your phone number
• Your title and role within your company, if applicable
How do we collect Data?
Abzu collects and processes Data when you:
• Place an order for any of our products or services.
• Register on our website.
• Voluntarily complete a customer survey or provide feedback on any of our message boards (such as Discord or Slack) or via email.
Abzu may also on our own initiative collect publicly available Data from:
• LinkedIn and other social media.
How will we use Data?
Abzu collects Data so that we can:
• Process your order and manage your account.
• Email you with special offers on other products and services we think you might like
• Retain and evaluate information on your recent visits to our website and on how you move around different sections of our website for analytical purposes enabling us to understand how people use our website so that we can make it more intuitive.
• Collect information about devices accessing our services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information usually depends on the type of device used and its settings.
When Abzu processes your order, we may send Data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
How do we store Data?
Abzu securely stores your Data on our dedicated servers located within the EU.
Our physical servers are provided by Hetzner.
Our third party Data processors
We use a number of third parties (“Third Parties”) to process Data on our behalf. These Third Parties have been carefully chosen by us and they all comply with the legislation set out in the EU General Data Protection Regulation 2018 (GDPR).
Third Parties include suppliers of IT development, maintenance, hosting and support, suppliers supporting us with marketing (CRM), customer support and secure identification solutions, as well as suppliers of financial services such as banks. Third Parties may also come to process Data for their own fraud prevention and risk management.
When we share Data with Third Parties, we only share Data for purposes compatible with the purposes for which we have collected the Data. We have written agreements in place with all Third Parties through which they guarantee the security and confidentiality of Data that they process on our behalf and which contains limitations with regards to transfers to third countries.
For how long do we keep Data?
Abzu will keep Data for as long as you use our services.
Once the subscription has ended, we will keep the Data for as long as they are needed for the purposes for which the Data was collected and processed, however no longer than 12 months.
Abzu would like to send you information about products and services of ours that we think you might like.
If you have agreed to receive such marketing information, you may always opt out at a later date.
You have the right at any time to stop Abzu from contacting you for marketing purposes or giving your Data to other members of the Abzu Group.
If you no longer wish to be contacted for marketing purposes, please click here.
What are your data protection rights?
Abzu would like to make sure that you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request Abzu for copies of your Data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that Abzu correct any information you believe is inaccurate. You also have the right to request Abzu to complete the information you believe is incomplete.
The right to erasure – You have the right to request that Abzu erase your Data, under certain conditions.
The right to restrict processing – You have the right to request that Abzu restrict the processing of your Data, under certain conditions.
The right to object to processing – You have the right to object to Abzu’s processing of your Data, under certain conditions.
The right to data portability – You have the right to request that Abzu transfer Data that we have collected to another organization, or directly to you, under certain conditions.
If you would like to exercise any of these rights, please contact us:
• By e-mail at email@example.com
• By phone at +45 29298524
• By mail at Abzu ApS, Gammel Lundtoftevej 3B, 2800 Kgs. Lyngby, Denmark
We have one month to respond to you, if you make such request.
Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. For further information, visit allaboutcookies.org.
Abzu does not use marketing or other tracking cookies on our website. The only cookies we use are session cookies which are transient and deleted when the user logs out or when they expire after some time of inactivity.
This means that the only purpose of our session cookies is to keep you signed in until you sign out or become inactive.
Privacy policies of other websites
How to contact Abzu
• By e-mail at firstname.lastname@example.org
• By phone at +45 29298524
• By mail at Abzu ApS, Gammel Lundtoftevej 3B, 2800 Kgs. Lyngby, Denmark
How to contact the appropriate Danish authority
If you wish to report a complaint, or if you feel that Abzu has not addressed your concern in a satisfactory manner, you may contact the Danish Data Protection Agency (in Danish: Datatilsynet).
• By e-mail at email@example.com
• By phone at +45 3319 3200
• By mail at Datatilsynet, Carl Jacobsens Vej 35, DK-2500 Valby, Denmark
Abzu platform terms of services
Last updated: 20 May 2020
The following terms of service, as amended by Abzu from time to time, form an integral part of the agreement between Abzu and the Customer on the Customer’s access to and use of the Abzu Platform by subscribing for the Services:
When used in these terms of services (“Terms”) with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Abzu: means Abzu ApS (CVR 39248530), a Danish limited liability company, or any of its successors or assignees. In these Terms, Abzu may also be referred to as “We”, “Us” or “Our.”
Account: means all Abzu accounts or instances created by or on behalf of Customer or any of its Users in connection with use of the Services.
Agreement: means the agreement between Abzu and the Customer on the Customer’s access to and use of the Services together with these Terms, the Documentation, the Service Plan, the Form(s) and any other documents and agreements between the Parties related to the Services.
Confidential Information: means all information disclosed by the Customer to Abzu or by Abzu to the Customer in any form which is labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure by the disclosing Party; (b) was or is obtained by the receiving Party by a third-party not known by the receiving Party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving Party without use of the disclosing Party’s Confidential Information.
Customer: means the Party having agreed to subscribe to the Services. In these Terms, Customer may also be referred to as “You” or “Your”.
Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Services provided or made available by Abzu to You or a User.
Form: means any Abzu generated service order form executed or approved by You with respect to Your subscription to the Services, which form may detail, among other things, the number of Users authorized to use the Services under Your subscription to the Services and the Service Plan applicable to Your subscription to the Services.
Other Services: means third-party products, applications, services, software, networks, systems, directories, websites, databases and information which the Services links to, or which You may connect to or enable in conjunction with the Services, including, without limitation, certain Other Services which may be integrated directly into the Services.
Party: means each of Abzu and Customer, collectively referred to as the “Parties”.
Personal Data: means personal data about Users, including but not limited to name, work place, job title, e- mail address, credit card information and phone number as well as Your and Users’ respective devices, computers and use of the Services.
Services: means the services offered by Abzu under the Agreement whereby the Customer subscribes to the access to and use of the online Artificial Intelligence (AI) tools and platform provided by Abzu including, but not limited to, the QLattices, the dashboard, the software development kit (SDK), APIs and the Documentation (also referred to as the “Abzu Platform”). Any new or modified features added to or augmenting the Services or updates or enhancements to the Services (“Updates”) are also subject to these Terms and We reserve the right to deploy Updates at any time.
Service Plan: means the service plan and the functionality and services associated therewith (as detailed on the Site) for which You subscribe with respect to any User.
Site: means abzu.ai and all other websites owned or operated by Abzu.
Software: means software provided by Abzu that allows a User to use any functionality in connection with the Services.
Subscription Term: means the period during which the Customer have agreed to subscribe to the Services with respect to any User.
User: means an individual authorized to use the Services through Your Account as a user and/or an administrator as identified through a unique login.
Your Data: means all electronic data, text, messages, information or any other materials submitted by the Customer and Users in connection with their use of the Services for the Customer’s own purposes.
2. General conditions; Access to and use of the Services
2.1 During the Subscription Term and subject to compliance by You and Users with the Agreement, You and Users have the limited right to access and use the Services consistent with the Service Plan. Without limiting the foregoing, Your right to access and use the Services is also subject to the restrictions and policies implemented by Abzu from time to time with respect to the Services as set forth in these Terms or otherwise communicated to You in writing.
2.2 A high speed Internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, “browser” software that supports protocols used by Abzu, including Secure Socket Layer (SSL) protocol or other protocols accepted by Abzu, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying You or Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Your Data, caused by transmission across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Abzu. We assume no responsibility for the reliability or performance of any connections as described in this section.
2.3 You agree not to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Services or make the Services available to any third-party, other than to authorized Users as expressly permitted by these Terms; (b) use the Services to process data on behalf of any third-party other than Users; (c) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (d) falsely imply any sponsorship or association with Abzu, (e) use the Services in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Services to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Services; (j) use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); or (l) use or try to use the Services in violation of these Terms.
2.4 You are responsible for compliance with the provisions of these Terms by Users for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Services to transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Your purposes. Abzu is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of the outcome, including but not limited to any estimates, provided by the Services. Abzu is not liable for the accuracy or precision of the outcome of the use of Services by You or Users. Subject to any limitation on the number of Users available under the Service Plan, access to and use of the Services is restricted to the specified number of Users permitted under Your subscription to the Services. You agree and acknowledge that each User will be identified by a unique username and password (“Login”) and that a Login may only be used by one (1) User. You will not share a Login among multiple individuals. You and the Users are responsible for maintaining the confidentiality of all Login information for Your Account.
2.5 In addition to Our rights as set forth in Section 7.4, Abzu reserves the right, in Abzu’s reasonable discretion, to temporarily suspend Your access to and use of the Services: (a) during planned downtime for upgrades and maintenance to the Services (of which Abzu will use commercially reasonable efforts to notify You in advance) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, natural catastrophe (acts of God), acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third-parties, including without limitation, distributed denial of service attacks; or (c) if We suspect or detect any Malicious Software connected to Your Account or use of the Services by You or Users. We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.
3. Confidentiality; Data privacy
3.1 Subject to the express permissions of these Terms, You and Abzu will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of Abzu and Customer may use each other’s Confidential Information solely to exercise their respective rights and perform their respective obligations under the Agreement and shall disclose such Confidential Information solely to those of their respective employees, representatives and users who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
3.2 Your and Users’ access to and use of the Services in compliance with the Agreement will not give Abzu any access to Your Data, and Your Data will not be saved by Abzu. You and Users must not upload or try to upload Your Data on the Abzu Platform by use of the Services or otherwise.
3.3 You agree that Abzu and the service providers We use to assist in providing the Services to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Personal Data solely to the extent necessary to provide the Services, including, without limitation, in response to Your support requests. Any third-party service providers We utilize will only be given access to Your Account and Personal Data as is reasonably necessary to provide the Services and will be subject to confidentiality obligations.
4. Intellectual property rights; Retained learnings
4.1 Each of Abzu and Customer shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You and Users to use the Services under the Agreement do not convey any additional rights in the Services, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Services as expressly stated in the Agreement, all rights, title and interest in and to the Services and all other components used to provide the Services, including all related intellectual property rights, will remain with and belong exclusively to Abzu.
4.2 Abzu shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You or Users.
4.3 The Abzu name, and Abzu’s other product and service names, and logos used or displayed on the Services are registered or unregistered trademarks of Abzu (collectively, “Marks”), and You may only use such Marks to identify You as a Customer; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Abzu or Our services or products.
4.4 Due to Your and Users’ submission of Your Data by use of the Services for Your purpose, the Abzu Platform and/or Abzu will generate generalized experience. Such retained learnings belong to Abzu, and Abzu has the right to use such learnings in Our future products and services free of any charges or other payment to You.
5. Third-party services
5.1 If You or your Users decide to enable, access or use Other Services, be advised that the access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Personal Data) or any interaction between You and the provider of such Other Services.
5.2 You and your Users irrevocably waive any claim against Abzu with respect to such Other Services. Abzu is not liable for any damage or loss caused or alleged to be caused by or in connection with You or your Users enablement, access or use of any such Other Services, or You or Your Users reliance on the privacy practices, data security processes or other policies of such Other Services.
5.3 In order for Abzu to process billing and payments, You or your Users may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, We will ask for Your or Users permission to disclose the specific Login as well as Personal Data as necessary to facilitate the use or enablement of such Other Services.
6. Billing, plan modifications and payments
6.1 Unless otherwise indicated on a Form referencing the Agreement and subject to Section 6.2, all charges associated with Your access to and use of the Services (“Subscription Charges”) are due in full upon commencement of Your Subscription Term. If You fail to pay Your Subscription Charges or charges for Other Services indicated on any Form referencing the Agreement within five (5) business days of Our notice to You that payment is due, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of the Services by You and Users.
6.2 If You choose to increase the number of QLattices under the Services during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.
6.3 Unless otherwise expressly stated in the Agreement, Our charges do not include any kind of taxes, levies, duties or similar governmental assessments by any domestic or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Abzu based on its income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
6.4 If You pay by credit card, the Services provides an interface for You or Your Account owner to change credit card information (e.g. upon card renewal). Your Account owner will receive a receipt upon each received payment by Abzu, or they may obtain a receipt from within the Services to track subscription status. Abzu uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for Abzu.
7. Cancellation and termination
7.1 Either You or Abzu may elect to terminate Your Account and subscription to the Services as of the end of your then current Subscription Term by providing notice, in accordance with the Agreement, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Your subscription to the Services will renew for a Subscription Term equivalent in length to the then expiring Subscription Term, unless Your Account and subscription to the Services is so terminated. Unless otherwise provided for in the Agreement, the Subscription Charges applicable to Your subscription to the Services for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan You have subscribed to as of the time such subsequent Subscription Term commences.
7.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Services or cancel Your Account prior to the end of Your then effective Subscription Term.
7.3 If You terminate Your subscription to the Services or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 7.4, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term in addition to other amounts You may owe Abzu. This amount will not be payable by You in the event You terminate Your subscription to the Services or cancel Your Account as a result of a material breach of the Agreement by Abzu, provided that You provide advance notice of such breach to Abzu and afford Abzu not less than thirty (30) days to reasonably cure such breach.
7.4 Abzu reserves the right to modify, suspend or terminate the Services (or any part thereof), Your Account or Your and/or Users’ rights to access and use the Services, and remove, disable and discard any Personal Data if We believe that You or any User have violated these Terms. Unless legally prohibited from doing so, Abzu will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Abzu shall not be liable to You and Users, or any other third-party for any such modification, suspension or discontinuation of Your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by You or any User may be referred to law enforcement authorities at Abzu’s sole discretion.
8. Disclaimer of warranties
8.1 The Site and the Services, including all server and network components, are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law.
8.2 Abzu expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
8.3 You acknowledge that Abzu does not warrant that the Services will be uninterrupted, timely secure, error-free or free from viruses or other malicious software, and no information or advice obtained by you from Abzu or through the Services shall create any warranty not expressly stated in the Agreement.
9. Limitation of liability
9.1 Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either Party to the Agreement, or their affiliates, officers, directors, employees, Users, suppliers or licensors be liable to the other Party or any third-party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such Party or third-party in connection with the Agreement or the Services, regardless of whether such Party has been advised of the possibility of or could have foreseen such damages or not.
9.2 Notwithstanding anything to the contrary in the Agreement, Abzu’s aggregate liability to You or any third-party arising out of the Agreement or otherwise in connection with any subscription to or any use of the Services, shall in no event exceed the Subscription Charges paid by You during the twelve (12) months prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that the essential purpose of this Section 9.2 is to allocate the risks under the Agreement between the Parties and to limit potential liability given the Subscription Charges, which could have been substantially higher if Abzu were to assume any further liability other than as set forth herein. Abzu has relied on these limitations in determining whether to provide You the rights to access and use the Services provided for under the Agreement.
9.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these jurisdictions, Abzu’s liability will be limited to the greatest extent permitted by law.
10.1 You will indemnify Abzu and hold Abzu harmless against any claim brought by a third-party against Abzu arising from or related to use of the Services by You or any User in breach of the Agreement or matters which You have expressly agreed to be responsible for pursuant to the Agreement, provided that Abzu promptly notifies You of the threat or notice of such a claim.
11. Assignment; Entire agreement; Amendments
11.1 You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of the Agreement or Your rights under the Agreement or delegate performance of Your duties under the Agreement without Abzu’s prior written consent, which consent will not be unreasonably withheld. We may, without Your consent, assign the Agreement to any affiliate or in connection with any merger or change of control of Abzu or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to the Agreement. Subject to the foregoing restrictions, the Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.
11.2 The Agreement constitutes the entire agreement between the Parties, and supersede any and all prior agreements between the Customer and Abzu with regard to the Services. Abzu’s failure to enforce at any time any provision or part of the Agreement does not constitute a waiver of that provision or of any other provision of the Agreement.
11.3 We may amend these Terms from time to time, in which case the revised Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment, and Your continued use of the Services following the effective date of any such amendment may be relied upon by Abzu as Your consent to any such amendment.
12.1 If any provision in the Agreement, including but not limited to these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement shall remain in effect.
13. Relationship of the Parties
13.1 The Parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.
14. Governing law and venue
14.1 The Agreement, including but not limited to these Terms, and the Services and the Customer’s and any User’s use of the Services shall be governed by, and construed and enforced in accordance with, Danish law excluding any conflict of law provisions.
14.2 Any dispute arising out of, or concerning, the Agreement, including but not limited to these Terms, and the Services and the Customer’s and any User’s use of the Services, shall be resolved exclusively in a court of competent jurisdiction located in the State of Denmark. To the extent necessary, each Party hereby submit to, and agree not to contest, the jurisdiction of the Danish courts.
14.2 In order to protect a Party’s Intellectual Property Rights or any other rights under the Agreement, section 14.2 shall not prevent such Party from seeking interim remedies, including but not limited to injunctions, in another jurisdiction than the State of Denmark.
15.1 Sections 1, 3, 4 and 8-15 shall survive any termination of the Agreement with respect to any use of the Services by You or any User. Termination of the Agreement shall not limit Your or Abzu’s liability for obligations accrued as of or prior to such termination or for any breach of the Agreement.
If You have any questions about these Terms or other parts of the Agreement, feel free to contact Us. You may contact Us at firstname.lastname@example.org or at Our mailing address below:
Gammel Lundtoftevej 3 B, st.
DK – 2800 Kgs. Lyngby