1. Introduction

1.1. These terms and conditions apply to the web-based solution (hereinafter the “Solution”) provided

by Koral ApS, Company Registration No. DK-43814540 (hereinafter "Koral", “we”, “us”, “our”).

1.2. By using the Solution and/or accepting these terms and conditions explicitly, you as a user agree to be bound by these terms and conditions and to follow the obligations and responsibilities herein.

1.3. We reserve the right to change these terms and conditions with an appropriate notice of at least one (1) month. You as a user is considered to have accepted any change to the terms and conditions if you continue to use the Solution after the end of the notice period and after the amended terms and conditions enter into force. If you cannot accept the amended terms and conditions, you must stop using the Solution.

2. Data Protection and Privacy

2.1. When we process personal data on you as a user, we do so as a controller regarding the General Data Protection Regulation (GDPR).

2.2. You can read more about your rights as a data subject and our obligations as a controller in our privacy policy.

3. About the Solution

3.1. Our Solution is a web-based browser extension and website search engine that allows you to view secondhand product options when you are browsing web shops.

3.2. Product information and prices shown via the Solution are provided by suppliers, partners, dealers, merchants, publishers and other public sources. Because of this, we cannot guarantee that the products and prices shown are fully accurate and as such we cannot be held liable for inaccurate and misleading product and price information in the Solution. You as a user are therefore encouraged to double check that products and prices listed are accurate before making any decisions based on the information.

3.3. We are not liable for any transfer of money that you may do to a third party in connection with products that you have chosen to purchase from the third party.

3.4. We may at any point and at our own discretion change the functionality and design of the solution, as well as suspend and terminate the Solution.

4. Scope of License

4.1. We maintain all rights, including intellectual property rights and any know-how, including trademarks, to the Solution and the associated system and database.

4.2. When you have accepted the terms and conditions, you obtain a non-exclusive, time limited and non-transferable right to use the Solution. Unless otherwise expressly stated, the license only covers you as the specific physical person that has accepted the terms and conditions.

5. User’s Responsibility

5.1. You as a user are at all times solely responsible for and must bear the costs for being able to have the necessary machine and network capacity in order to be able to use the Solution optimally, including future updates.

5.2. You may not use the Solution for any illegal, pornographic, harmful, racist, harassing, violent, threatening or similar purposes or otherwise used to send viruses, spam or used to harm third parties. If you operate in several countries and use the Solution in these countries, you are obliged to comply with the laws of the relevant countries when using the Solution.

5.3. The Solution may not be used if you provide services in direct competition with us. You are obliged to notify us if this is the case and immediately cease using the Solution.

5.4. The Solution may not without direct written approval be modified or otherwise affected so that parts of the system are bypassed or replaced by other services, e.g., using APIs, scripts, or other automated processes.

6. Limitation of Liability

6.1. The use of our Solution and website is done at your own risk and we are not liable for any damages that you may have suffered in your interaction with third parties.

6.2. Our limitation of liability in connection with damages to you shall be governed in accordance with the general rules of Danish law with the limitations and restrictions stated in these terms and conditions.

6.3. We are not responsible for your failure to comply with the minimum system requirements for the use of the Solution.

6.4. We are not liable for indirect losses, consequential or punitive damages. Loss of business opportunities, loss of profit, loss of goodwill, loss of data, including loss in connection with data recovery, loss of interest and penalties paid by/to third parties, as well as costs for restoration and re-installation, etc. is in any case considered as indirect loss or consequential damage.

6.5. Our liability to you, whatever the cause of the damage, may never exceed any amount that you have paid us.

6.6. We shall not be liable to you when circumstances occur that impede or delay the provision of our solution and any other obligations, including war, mobilization, riots and unrest, terrorist attacks, natural disasters, strikes and lockouts, viruses, hacking, spamming, crashes or other unforeseen and extraordinary strain on the IT systems or telecommunications networks used by us, injunctions by public authorities and rights holders, or other circumstances for which we have no direct control. If one or more of the aforementioned circumstances occurs, we are entitled to postpone the delivery of its services or to terminate the Agreement without liability. Users remuneration is suspended for the same period that the aforementioned circumstances impede fulfilment.

7. License and Intellectual Property Rights

7.1. You have the ownership rights over the content that you upload in the Solution. You, however, grant us a non-exclusive and indefinite license to use your content in an anonymized format. Our rights, however, are in any case limited to operating, promoting and developing the Solution and must never result in disclosure of your content to third parties in a non-anonymous format.

8. Maintenance and Updates

8.1. To keep the Solution running optimally and for your benefit, necessary maintenance and updating of both hardware and software will be carried out continuously at our discretion. Efforts are made to not cause any unnecessary interruptions in the service; however, it may be necessary to close access to the Solution for a limited to perform updates. In the event of such closure, this will be done outside regular office hours where possible.

Last updated: 30 November 2023