Terms & Conditions
1. General information
1.1 Tabtimize ApS, central business registry No. 38 97 55 79, (hereinafter “Tabtimize”) has established an online cloud-based SEO service, which i.a. analyze web pages textual content, summarize this analysis in a numerical metric and find relevant link opportunities that can be reached out to.
2.1 Before using Tabtimize the User must first register for a Tabtimze account. Account registration can be made at the registration page.
2.2 The User’s access code to Tabtimize (hereinafter “Access Data”) must be treated confidentially by the User, and may not be disclosed to third parties unless the user has given its explicit consent. If the Access Data is misused due to circumstances under the Users control, the User is liable for any damages caused by such a misuse. The User is, furthermore, obligated to inform Tabtimize about any misuse of Tabtimize that it becomes aware of.
2.3 The User is obligated to keep its contact information and any other relevant information given to Tabtimize updated at all times.
2.4 The User has no entitlement to permanent availability of Tabtimize.
2.5 Tabtimize may at any time turn off Tabtimize temporarily or permanently, and make changes to information and data made available by Tabtimize (hereinafter “Tabtimze Data”).
2.6 The User must itself procure any hardware and software required to use Tabtimize. The User bears any costs associated with using Tabtimize.
3. Usage restriction
3.1 The User may only use Tabtimize and Tabtimize Data after Tabtimize has granted the User access to Tabtimize.
3.2 The User may be asked by Tabtimize to state its intended purpose of use of Tabtimize.
3.4 Tabtimize Data may only be used in accordance with any guidelines issued by Tabtimize. The User may not access Tabtimize Data by automatic methods except any Application Program Interface made available by Tabtimize. The User may in no way enable third parties to access Tabtimize Data without Tabtimize explicit consent.
3.6 Neither Tabtimize nor Tabtimize Data may be used in any manner, which may directly harm the reputation and standing of Tabtimize.
4. Subscription and payment
4.1 The User must, after the expiry of a possible trial period, choose one of the subscription plans offered by Tabtimize before using Tabtimize. The subscription plans and pricing are described at https://tabtimize.com/#pricing
4.2 Payment for use of Tabtimize is made in advance, and payment must be made by one of the credit cards accepted by Tabtimize payment provider Stripe. Payments are made in US dollars.
4.3 Tabtimize offers monthly and annual subscriptions. Subscriptions are automatically renewed if the user has not canceled its subscription 30 days before the subscription period has expired. Payment is automatically deducted from the User’s credit card, every time a subscription period expires.
4.4 Tabtimize offer as well microtransactions. Microtransactions are subjected to extra credits (hereinafter “Microtransactions”). These microtransactions are non-refundable and can not be canceled after it has been transacted to the Users account. Payment is automatically deducted from the User’s credit card, every time a microtransaction is been purchased.
5.1 The User may at any time terminate its subscription with 30 days notice to the end of the subscription period in effect at the time of the User’s termination. The User can only terminate its subscription on the User’s Tabtimze account page.
5.2 The User cannot demand refunds for the subscription period that remains nor any remains of purchased microtransactions on the time of the Users termination.
5.4 Information entered into Tabtimize by the User, and Tabtimize Data created on basis of such information, will not be retained by Tabtimize after the Users subscription or account has been terminated.
6. Proprietary and intellectual property rights
6.1 Tabtimize and all related proprietary and intellectual property rights, including but not limited to copyrights on text, layout, drawings, images, databases, audio and video contained at the Tabtimize website, domain name rights, and registered as well as unregistered trademark rights and feature rights in names and logos, used by Tabtimize (hereinafter ”Proprietary and Intellectual Property Rights”), are the proprietary rights of Tabtimize.
6.2 Tabtimize is at any time at liberty to transfer, in whole or in part, all Proprietary and Intellectual Property Rights to third party without notice and information to the User. Further, Tabtimize is at any time at liberty to change or modify, in whole or in part, all Proprietary and Intellectual Property Rights without notice and information to the User.
6.3 The User acknowledges all Proprietary and Intellectual Property Rights and simultaneously declares that it will at all times – while using Tabtimize and subsequently – observe and respect all Proprietary and Intellectual Property Rights.
7.1 Tabtimize assumes no liability for any errors or defects in Tabtimize, nor for any other form of non-performance of Tabtimize.
7.2 Furthermore, Tabtimize does not accept any liability for the suitability of Tabtimize for the User’s intended purposes.
7.3 Tabtimize total liability for the User’s potential claims, is limited to the User’s direct losses, and Tabtimize total liability can never exceed more than 25 % of the total amount the User has paid Tabtimize for the use of Tabtimize the last 12 months before the incident that caused the User’s claim incurred.
7.5 Neither the User nor Tabtimize shall be liable for any delay or failure to perform its obligations (expect payment of fees) that are caused by force majeure.
7.6 Tabtimize has no liability for any downtime, crashes or other damage to the Users website or servers. nor, for any decreases in Users rankings on search engine result pages or any decrease in traffic to the website.
7.7 User declare its full consent when using features with the label: “beta” on Tabtimize or Tabtimize Data. Features with the label:” beta” may cause impairments or crashes on the Users website. Thus, Tabtimize bears no liability for such damages and it is the responsibility of the User only.
8.1 Tabtimize is entitled to use the User as a reference for marketing purposes, i.e. in sales materials and studies. The User grants Tabtimize the right to use the User’s trademarks and business name in this regard.
9. User information
9.1 Any kind of disclosure, information or material forwarded by the User to Tabtimize – regardless of form – will, unless otherwise expressly stated by the User, be treated as non-confidential and uncopyrighted.
9.2 Disclosure, information and material forwarded by the User to Tabtimize, expressly marked as confidential, will be treated as such by Tabtimize, who will take all possible steps to ensure the confidentiality of such disclosure, information and materiel.
12. Entire Agreement
13. Governing Law
14.2 The arbitration tribunal shall be composed of three arbitrators.
14.3 Each Party shall appoint one arbitrator and Danish Arbitration shall appoint a third arbitrator who shall be the chairman of the arbitration tribunal. If a party has not appointed an arbitrator within 30 days of having requested or received notice of the arbitration, such arbitrator shall be appointed by Danish Arbitration. .
14.4 The place of arbitration shall be in Esbjerg, Denmark.
14.5 The language of the arbitration shall be Danish.