Terms of Service

1. Definitions

For the purposes of these Terms of Service (the “Terms”), the following definitions apply:

“Agreement” means these Terms of Service together with any applicable Order Form and the Data Processing Agreement.

“Kombiner”, “we”, “us”, or “our” means Kombiner ApS, a company incorporated under the laws of Denmark, with its registered office at Sommerstedgade 34, 1 th, 1718 København V, Denmark. CVR/VAT number: 46281489.

“Customer” or “you” means the legal entity that registers for or uses the Services.

“User” means any individual authorized by the Customer to access and use the Services on the Customer’s behalf.

“Services” means the Kombiner software platform, including all related features, functionalities, APIs, integrations, and support services made available by Kombiner.

“Order Form” means any commercial agreement, proposal, or subscription document executed between Kombiner and the Customer specifying pricing, subscription plan, and applicable commercial terms.

“Subscription” means the Customer’s paid access to the Services under the selected plan.

“Customer Data” means any data, content, information, or materials submitted, uploaded, or otherwise provided by the Customer or its Users through the Services.

“Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure.

“Data Processing Agreement” or “DPA” means the agreement governing the processing of personal data by Kombiner on behalf of the Customer, incorporated into this Agreement by reference.

2. Scope of Services

2.1 Provision of Services

Kombiner provides a cloud-based software platform designed to enable businesses to configure products, manage requests, generate quotes and orders, and integrate with selected third-party systems (the “Services”).

Subject to the terms of this Agreement and the applicable Order Form, Kombiner grants the Customer a limited, non-exclusive, non-transferable right to access and use the Services during the Subscription term.

Kombiner may update, improve, modify, or discontinue features of the Services from time to time, provided that such changes do not materially reduce the overall functionality of the Services purchased by the Customer.

2.2 No Marketplace or Merchant Role

Kombiner is not a marketplace, payment processor, financial institution, or seller of record.

All transactions conducted through the Services are solely between the Customer and its end users or clients. The Customer is exclusively responsible for:

  • The products and services it offers
  • Pricing, taxes, and regulatory compliance
  • Customer communication and dispute handling
  • Order fulfillment and refunds

Kombiner does not assume any responsibility for contracts entered into between the Customer and third parties.

2.3 Availability

The Services are provided on a commercially reasonable basis. Kombiner does not guarantee uninterrupted or error-free operation.

Temporary interruptions may occur due to:

  • Scheduled maintenance
  • Emergency updates
  • Security incidents
  • Third-party service disruptions

Kombiner will use reasonable efforts to minimize downtime.

2.4 Support

Kombiner provides standard support via email at support@kombiner.com.

Unless otherwise agreed in an Order Form, support does not include:

  • Custom development
  • On-site assistance
  • Legal or compliance advice
  • Integration configuration beyond agreed onboarding scope

Additional services may be provided under a separate agreement.

2.5 Third-Party Integrations

The Services may integrate with third-party systems (e.g., accounting platforms, e-commerce platforms, payment providers).

Kombiner is not responsible for:

  • The availability or functionality of third-party services
  • Changes made by third-party providers
  • Data accuracy originating from third-party systems

Use of third-party integrations may be subject to the third party’s own terms and policies.

3. Account Registration and Access

3.1 Eligibility

The Services are intended solely for use by businesses and legal entities acting in a commercial capacity.

By registering for or using the Services, the Customer represents and warrants that:

  • It is a legally established business entity;
  • It is entering into this Agreement for commercial purposes only;
  • The individual accepting this Agreement has the authority to bind the Customer legally.

The Services are not intended for consumer or personal use.

3.2 Account Registration

To access the Services, the Customer must create an account and provide accurate, complete, and up-to-date information, including:

  • Legal business name
  • Business address
  • Contact information
  • Any additional information reasonably required by Kombiner

The Customer is responsible for keeping all account information accurate and current.

Kombiner reserves the right to refuse registration or suspend an account if inaccurate, misleading, or incomplete information is provided.

3.3 User Access

The Customer may authorize Users to access the Services on its behalf.

The Customer is responsible for:

  • Managing User access rights
  • Ensuring Users comply with this Agreement
  • All activities conducted under its account

Any act or omission by a User will be deemed an act or omission of the Customer.

3.4 Account Security

The Customer is solely responsible for maintaining the confidentiality of login credentials and access information.

The Customer agrees to:

  • Use reasonable security practices
  • Notify Kombiner immediately of any unauthorized access or suspected breach
  • Ensure that access credentials are not shared beyond authorized Users

Kombiner is not liable for losses resulting from unauthorized access caused by the Customer’s failure to safeguard credentials.

3.5 Suspension Rights

Kombiner may suspend or restrict access to the Services if:

  • The Customer breaches this Agreement;
  • Fees remain unpaid;
  • Continued access poses a security risk;
  • Required by law or regulatory authority.

Kombiner will use reasonable efforts to notify the Customer prior to suspension where practicable.

4. Subscription and Fees

4.1 Subscription Term

The Services are provided on a subscription basis as specified in the applicable Order Form.

Unless otherwise agreed in writing, subscriptions:

  • Run on a month-to-month basis;
  • May be terminated with one (1) month’s written notice;
  • Notice must be given before the end of a calendar month;
  • Termination takes effect at the end of the following calendar month.

The Customer remains responsible for all fees incurred until the effective termination date.

4.2 Fees

The Customer agrees to pay the fees specified in the applicable Order Form.

Fees may consist of:

  • A recurring subscription fee; and/or
  • A per-order or transaction-based fee; and/or
  • Additional agreed service fees.

All fees are stated exclusive of VAT and other applicable taxes.

The Customer is responsible for paying all applicable taxes, duties, and government charges.

4.3 Billing and Payment

Unless otherwise agreed:

  • Subscription fees are invoiced monthly in advance;
  • Usage-based fees (e.g., per-order fees) are invoiced monthly in arrears;
  • Payment terms are fourteen (14) days from invoice date.

Late payments may result in:

  • Suspension of access;
  • Interest in accordance with the Danish Interest Act (Renteloven);
  • Collection costs as permitted by law.

4.4 No Refund Policy

Fees are non-refundable unless explicitly stated in writing.

Partial months are not refunded in the event of early termination.

4.5 Price Adjustments

Kombiner may adjust pricing upon thirty (30) days’ written notice.

If the Customer does not accept the new pricing, the Customer may terminate the subscription in accordance with Section 4.1 before the adjustment takes effect.

Continued use of the Services after the effective date constitutes acceptance of the updated pricing.

4.6 Changes to Subscription Plan

The Customer may upgrade or downgrade subscription plans, subject to the available offerings.

Changes take effect:

  • Immediately for upgrades (with prorated billing if applicable);
  • At the end of the current billing cycle for downgrades, unless otherwise agreed.

5. Customer Responsibilities and Acceptable Use

5.1 Customer Responsibility for Business Operations

The Customer is solely responsible for:

  • The products and services it offers;
  • The accuracy of product descriptions, pricing, and availability;
  • Compliance with applicable laws and regulations;
  • Tax reporting and payment obligations;
  • Customer service, refunds, returns, and dispute handling.

Kombiner provides software tools only and does not assume responsibility for the Customer’s business operations.

5.2 Legal and Regulatory Compliance

The Customer agrees to comply with all applicable laws and regulations, including but not limited to:

  • Consumer protection laws;
  • Marketing and advertising regulations;
  • Tax and VAT rules;
  • Data protection and privacy laws;
  • Export and trade restrictions.

Kombiner does not provide legal, tax, or regulatory advice.

5.3 Acceptable Use

The Customer may not use the Services:

  • For unlawful, fraudulent, or deceptive activities;
  • To transmit malware, harmful code, or unauthorized data;
  • To infringe intellectual property rights;
  • To harass, threaten, or abuse other users;
  • To interfere with the integrity or performance of the Services;
  • To attempt unauthorized access to systems or data.

The Customer may not reverse engineer, copy, modify, or create derivative works of the Services except as permitted by law.

5.4 Data Responsibility

The Customer is responsible for:

  • The legality and accuracy of all data uploaded to the Services;
  • Obtaining necessary consents from its customers or end users;
  • Defining appropriate retention policies where supported by the platform;
  • Responding to data subject requests relating to its own customers.

Kombiner processes personal data on behalf of the Customer as further described in the Data Processing Agreement.

5.5 Prohibited Industries

Kombiner reserves the right to suspend or terminate accounts engaged in high-risk or prohibited activities, including but not limited to:

  • Illegal goods or services;
  • Counterfeit products;
  • Fraudulent schemes;
  • Activities violating international sanctions.

Kombiner may determine prohibited use at its sole discretion where reasonably necessary to protect the integrity of the platform.

6. Intellectual Property Rights

6.1 Ownership of the Services

The Services, including but not limited to:

  • Software
  • Source code
  • Platform architecture
  • Designs
  • Databases
  • Features and functionality
  • Trademarks, logos, and branding

are and remain the exclusive property of Kombiner ApS or its licensors.

This Agreement does not transfer any ownership rights to the Customer.

The Customer is granted only a limited right to access and use the Services during the Subscription term.

6.2 Customer Data Ownership

The Customer retains ownership of all data, content, and materials uploaded to or generated through the Services (“Customer Data”).

Kombiner does not claim ownership of Customer Data.

The Customer grants Kombiner a limited, non-exclusive right to process Customer Data solely for the purpose of:

  • Providing the Services;
  • Maintaining and improving the platform;
  • Complying with legal obligations.

6.3 Platform Improvements and Feedback

If the Customer provides suggestions, feedback, or feature requests, Kombiner may use such feedback without restriction or compensation.

All improvements, modifications, and enhancements to the Services remain the exclusive property of Kombiner.

6.4 Restrictions

The Customer may not:

  • Copy, distribute, or sublicense the Services;
  • Reverse engineer or attempt to extract source code;
  • Build a competing product based on the Services;
  • Use the Services to develop a similar or competing platform.

6.5 Aggregated and Anonymized Data

Kombiner may use aggregated and anonymized data derived from use of the Services for:

  • Platform improvement;
  • Statistical analysis;
  • Security monitoring;
  • Benchmarking.

Such data will not identify the Customer or its end users.

7. Confidentiality

7.1 Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

Confidential Information includes, but is not limited to:

  • Business plans and strategies
  • Product roadmaps and technical architecture
  • Pricing and commercial terms
  • Customer data and financial information
  • Security documentation
  • Integration details

Confidential Information does not include information that:

  • Is or becomes publicly available without breach of this Agreement;
  • Was lawfully known by the Receiving Party prior to disclosure;
  • Is independently developed without use of Confidential Information;
  • Is lawfully obtained from a third party without restriction.

7.2 Confidentiality Obligations

The Receiving Party agrees to:

  • Use Confidential Information solely for purposes of this Agreement;
  • Protect Confidential Information with reasonable care;
  • Not disclose Confidential Information to third parties except to employees, contractors, or advisors who have a legitimate need to know and are bound by confidentiality obligations.

7.3 Compelled Disclosure

If the Receiving Party is required by law, court order, or regulatory authority to disclose Confidential Information, it may do so, provided that:

  • It gives prior notice to the Disclosing Party where legally permitted;
  • It limits disclosure to what is legally required.

7.4 Duration

Confidentiality obligations survive termination of this Agreement for a period of five (5) years.

Trade secrets and personal data remain protected for as long as they retain their confidential nature.

8. Limitation of Liability

8.1 No Indirect Damages

To the maximum extent permitted by applicable law, neither party shall be liable for:

  • Indirect or consequential damages;
  • Loss of profit;
  • Loss of revenue;
  • Loss of business opportunity;
  • Loss of goodwill;
  • Loss of anticipated savings;
  • Loss of data (except as expressly provided in the Data Processing Agreement).

This limitation applies regardless of the legal theory under which a claim is brought.

8.2 Liability Cap

Kombiner’s total aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by the Customer to Kombiner during the twelve (12) months preceding the event giving rise to the claim.

If the subscription has been active for less than twelve (12) months, liability shall be limited to the total fees paid during the actual subscription period.

8.3 No Guarantee of Results

Kombiner does not guarantee:

  • Business performance improvements;
  • Sales outcomes;
  • Customer conversion rates;
  • Continuous availability of third-party integrations;
  • Compliance with industry-specific regulations.

The Services are provided “as is” and “as available”.

8.4 Exclusions

Nothing in this Agreement shall exclude or limit liability for:

  • Death or personal injury caused by negligence;
  • Fraud or fraudulent misrepresentation;
  • Liability that cannot be excluded under mandatory Danish law.

8.5 Allocation of Risk

The parties agree that the pricing of the Services reflects the allocation of risk set forth in this Agreement.

Without these limitations, the fees would be significantly higher.

9. Indemnification

9.1 Customer Indemnification

The Customer agrees to defend, indemnify, and hold harmless Kombiner ApS, its directors, officers, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • The Customer’s products, services, or business operations;
  • Any dispute between the Customer and its end users;
  • Breach of this Agreement by the Customer;
  • Violation of applicable laws or regulations;
  • Infringement of intellectual property rights by content uploaded by the Customer;
  • Misuse of the Services.

This obligation applies whether the claim is brought by a third party, authority, or end user.

9.2 Procedure

Kombiner shall:

  • Notify the Customer promptly of any claim;
  • Provide reasonable cooperation (at the Customer’s expense);
  • Allow the Customer to control the defense and settlement of the claim.

The Customer may not settle any claim in a manner that imposes liability or admission of fault on Kombiner without prior written consent.

9.3 Kombiner Indemnification (Limited)

Kombiner will defend the Customer against third-party claims alleging that the Services infringe valid intellectual property rights, provided that:

  • The Customer promptly notifies Kombiner;
  • The Customer cooperates in the defense;
  • Kombiner has sole control of the defense and settlement.

Kombiner’s total liability under this section remains subject to the limitation of liability in Section 8.

This indemnification does not apply if the claim arises from:

  • Customer modifications to the Services;
  • Combination of the Services with third-party systems not provided by Kombiner;
  • Use of the Services in violation of this Agreement.

10. Data Protection

10.1 Roles of the Parties

To the extent the Customer processes personal data using the Services:

  • The Customer acts as the Data Controller;
  • Kombiner acts as the Data Processor.

The Customer determines the purposes and means of processing personal data within the Services.

Kombiner processes personal data solely on behalf of and in accordance with the Customer’s documented instructions, as set out in this Agreement and the Data Processing Agreement.

10.2 Data Processing Agreement

The parties shall enter into a Data Processing Agreement (“DPA”) forming an integral part of this Agreement.

The DPA governs:

  • The scope and purpose of processing;
  • Categories of personal data;
  • Security measures;
  • Sub-processors;
  • International transfers;
  • Data subject rights;
  • Incident response procedures.

In the event of conflict between this Agreement and the DPA regarding data protection matters, the DPA shall prevail.

10.3 Customer Obligations

The Customer is responsible for:

  • Ensuring a lawful basis for processing personal data;
  • Providing required privacy notices to its end users;
  • Responding to data subject requests;
  • Defining appropriate retention periods;
  • Complying with applicable data protection laws.

Kombiner does not determine the legality of the Customer’s data processing activities.

10.4 Security

Kombiner implements appropriate technical and organizational measures to protect personal data against:

  • Unauthorized access;
  • Accidental loss;
  • Destruction or alteration;
  • Unlawful processing.

Details of security measures are described in the DPA.

10.5 Data Breach Notification

In the event of a personal data breach affecting Customer Data, Kombiner shall notify the Customer without undue delay after becoming aware of the breach.

The Customer remains responsible for:

  • Assessing reporting obligations to authorities;
  • Notifying affected data subjects where required.

10.6 Sub-Processors

A current list of sub-processors is available on the list of sub-processors page. Processor may update this list from time to time in accordance with our Data Processeing Agreement.

Processor shall inform Controller of any intended changes concerning the addition or replacement of sub-processors by updating the above webpage.

Controller may object to a new sub-processor on reasonable data protection grounds.

11. Term and Termination

11.1 Term

This Agreement enters into force upon the earlier of:

  • The Customer signing an Order Form; or
  • The Customer creating an account and accessing the Services.

The Agreement remains in effect for the duration of the Subscription and any renewal periods.

Subscriptions renew automatically on a month-to-month basis unless terminated in accordance with Section 11.2.

11.2 Termination by Customer

The Customer may terminate the Subscription with one (1) month’s written notice.

Notice must be given before the end of a calendar month.

Termination takes effect at the end of the following calendar month.

All fees incurred up to the effective termination date remain payable.

11.3 Termination by Kombiner

Kombiner may terminate or suspend access to the Services:

  • If the Customer materially breaches this Agreement and fails to remedy the breach within fourteen (14) days after written notice;
  • If payment remains overdue;
  • If required by law;
  • If continued service poses a security or legal risk.

Immediate suspension may occur where necessary to protect the platform or comply with legal obligations.

11.4 Effect of Termination

Upon termination:

  • Access to the Services will be disabled;
  • The Customer remains responsible for outstanding fees;
  • The Customer may request export of its data within thirty (30) days of termination.

After thirty (30) days, Kombiner may delete Customer Data unless retention is required by law.

11.5 Survival

The following provisions survive termination:

  • Payment obligations;
  • Confidentiality;
  • Intellectual property rights;
  • Limitation of liability;
  • Indemnification;
  • Data protection obligations.

12. Governing Law and Dispute Resolution

12.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles.

12.2 Jurisdiction

Any dispute arising out of or in connection with this Agreement, including disputes regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark.

12.3 Good Faith Negotiation

Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through negotiation between authorized representatives.

Nothing in this section prevents either party from seeking urgent injunctive relief where necessary to protect its rights.

13. Miscellaneous

13.1 Entire Agreement

This Agreement, including any applicable Order Forms and the Data Processing Agreement, constitutes the entire agreement between the parties and supersedes all prior agreements, proposals, or communications, whether written or oral, relating to the subject matter.

13.2 Amendments

Kombiner may update these Terms of Service from time to time.

Material changes will be communicated via email or in-app notification.

Continued use of the Services after the effective date of the updated Terms constitutes acceptance of the revised Terms.

13.3 Assignment

The Customer may not assign or transfer this Agreement without prior written consent from Kombiner.

Kombiner may assign this Agreement:

  • In connection with a merger, acquisition, or sale of assets;
  • To an affiliate or holding company;
  • As part of a corporate restructuring.

13.4 Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to:

  • Natural disasters
  • War or civil unrest
  • Government actions
  • Internet outages
  • Failures of third-party service providers

Obligations shall resume once the force majeure event ceases.

13.5 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.6 Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that provision or any other provision.

13.7 Notices

All notices under this Agreement must be in writing and may be delivered by:

  • Email to the registered account email address;
  • Email to support@kombiner.com;
  • Or other contact details specified in the Order Form.

Notices are deemed received on the date sent unless proven otherwise.

Last updated: 26. February 2026