Terms of Service

1. Introduction

By using the Services, You agree to these Terms of Service. Please read these terms carefully before using the Services.

2. Definitions

In these Terms of Service:

2.1. "Agreement": means these Terms of Service, the Data Processing Agreement, and the Order Confirmation.

2.2. "Data Processing Agreement": means the Data Processing Agreement which can be retrieved by contacting mads@junier.co.

2.3. "End User" or "End Users": means any employee and other persons associated with You whom You authorise to access and use the Services under Your account.

2.4. "Insights": qualitative insights derived from Sessions, with supporting media and data.

2.5. "Junier", "We", "Us" or "Our": means Mapeworks, a company registered in Denmark with CVR no. 45776506.

2.6. "Junier Content": means all other content besides User Content that is posted, provided or otherwise made available by Junier through the Services.

2.7. "Order Confirmation": means the document sent to You by Us confirming subscription details, pricing, and service terms upon placing an order.

2.8. "Participant" or "Participants": means any person invited by End User to participate in Sessions.

2.9. "Session" or "Sessions": means user experience research sessions hosted by End Users.

2.10. "User Content": means any content End Users create or upload to the Services, including video and audio recordings of Sessions and Insights.

2.11. "You" or "Your": means the company or legal entity that purchases and uses the Services under this Agreement.

3. Eligibility

The Services are intended for use by individuals who are 18 years of age or older. By using the Services, you confirm that you are at least 18 years old.

4. Services

Junier builds and operates a software platform that helps companies and professionals conduct, manage, and automate user experience research to improve their digital products. The Services enable You and Your End Users to invite Participants for the purpose of conducting Sessions.

4.1. The licence of the Services is a time-limited, revocable, non-transferable, non-sublicensable, non-exclusive limited licence for You (and, where applicable, your End Users) to access and use the Services and only for Your own internal business purposes.

4.2. Upon subscribing to the Services, We will create an Account for You managed by designated Admin Users. Admin Users are End Users with elevated privileges including the ability to add or remove other End Users, access billing information, view usage data across End Users, and modify Account settings.

5. Use of the Services

5.1. You are responsible for all activity under your Account, including activity by any End Users you've authorised. You are responsible for ensuring that your End Users comply with this Agreement.

5.2. You are responsible for Your use of the Services. You agree not to, and must ensure that Participants do not, use the Services:

a) For any unlawful purpose or in violation of any applicable laws or regulations

b) To upload, share, or distribute any content that is defamatory, offensive, obscene, or otherwise objectionable; infringes any third-party intellectual property rights; or violates confidentiality obligations or privacy rights

c) To misrepresent Your identity, affiliation, or relationship with Junier

d) To suggest falsely that You are endorsed by, sponsored by, or partnered with Junier

e) In any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.

5.3. You must ensure that Session Participants are at least 18 years of age, unless explicit parental consent has been obtained in accordance with Section 5.4. You are solely responsible for verifying the age of Participants and obtaining necessary consents before conducting Sessions.

5.4. When research involves participants under 18 years of age, You must comply with all applicable legal requirements, including obtaining parental consent and maintaining required documentation.

5.5. You may not decompile, reverse engineer, modify, or create derivative works of the Services.

6. Your Data

6.1. Your User Content and any derivatives thereof is the property of You.

6.2. You grant Junier a non-exclusive, royalty-free license to use, copy, process, create derivative works based upon, make available within our Services, and distribute your User Content (with limitations described below). This license is transferable and sublicensable, but only to the extent necessary to operate, maintain, and improve our Services.

Distribution Limitations: We may only share your User Content with:

a) End Users of the Services

b) Third-party services authorised by Junier (such as cloud computing platform providers) to provide the Services; provided, however, that such third-parties protect your User Content at least as well as Junier.

6.3. We may use anonymised, aggregated data derived from User Content to improve our product and features. This processing does not identify You or any individual, and is conducted in compliance with all applicable data protection laws.

6.4. You agree to indemnify and hold Us harmless from any claims that Your data infringes Third-party intellectual property rights or violates applicable law.

6.5. You must follow applicable data protection laws. You are responsible as the data controller for any personal data You process using our Services.

6.6. You must provide accurate contact information that will be shared with Participants for data protection inquiries. You are responsible for monitoring and responding to participant requests at this email address.

6.7. You are entitled to have Us delete Your data upon request.

7. Intellectual Property

Junier owns all rights, title and interest in and to the Services and the Junier Content, including all associated intellectual property rights under Danish, EU, and international law. You agree not to remove, alter or obscure any proprietary rights notices incorporated in or accompanying the Services or Junier Content.

8. Changes to the Terms of Service

We reserve the right to change these Terms from time to time. If we do so, we will notify you by posting the updated Terms on our website, through the Services, or by other means of communication. For material changes We will notify You directly with at least thirty (30) days advance notice. Your continued use of the Services after such notice period constitutes acceptance of the modified Terms. If the changes have material adverse effects for You and You do not agree to the modified Terms, you may notify Us in writing of your objection within thirty (30) days. Any objection must be well-founded. Such objection will entitle You to terminate your account with effect from the date of the material changes.

9. Liability

9.1. Junier disclaims liability for any breach in data security, including but not limited to unauthorised access, data loss, or data corruption.

9.2. Junier is not liable for any service disruptions, including those caused by hacker attacks, viruses, malware, or other security threats, third-party service failures (Internet service providers, cloud hosting providers, payment processors), or scheduled or emergency maintenance.

9.3. Neither party shall be liable for any failure to fulfill its obligations under this Agreement that is due to force majeure. Force majeure refers to unforeseeable and unavoidable events beyond the affected party's reasonable control, including but not limited to: natural disasters, war, terrorism, fire, civil unrest, epidemics, strikes or other labor disputes, or infrastructure and utility failures.

9.4. You cannot raise any claims against Junier, including for refunds or compensation, as a result of Service downtime or unavailability.

9.5. To the maximum extent permitted by law, Junier shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to lost profits or revenue, business interruption, loss of data or information, loss of business opportunities, reputational damage, or any other indirect losses.

9.6. Junier is not liable for the actions, responses, or behaviour of Session Participants, the accuracy, quality, or outcomes of Sessions, how You choose to use or implement Insights, or content created or shared by End Users and Participants.

9.7. Junier's total aggregate liability for all claims arising under or related to this Agreement shall not exceed the total fees paid by You to Junier in the twelve (12) months preceding the event giving rise to the claim.

9.8. The Services utilize artificial intelligence and machine learning technologies to generate outputs. You acknowledge that any generated outputs may contain errors or inaccuracies, regardless of their source. We do not warrant, guarantee, or accept any responsibility for the correctness or reliability of outputs produced through machine learning processes. Where outputs are based on Your inputs, We assume no liability for the accuracy of such inputs. Junier shall in no event be liable for any consequences arising from Your use of or reliance upon generated outputs by the Services.

9.9. You acknowledge and agree that Your use of the Services is at Your own risk and that the Services are provided "as is".

10. Payment Terms

10.1. Subscriptions include a fixed monthly or annual fee as displayed in Your Order Confirmation. All prices include applicable VAT.

10.2. Subscriptions automatically renew at the end of each billing period unless cancelled.

10.3. You may terminate Your subscription at any time. Termination takes effect at the end of Your current billing period, and You retain access to the Services until then.

10.4. Where applicable to Your plan, additional usage-based charges apply for usage beyond included limits. Rates and included limits are specified in Your Order Confirmation. Usage charges are calculated monthly and charged at the end of each billing period.

10.5. All payments are non-refundable.

10.6. If You fail to pay, We may suspend access until payment is received.

11. Termination

11.1 Either Party may terminate this Agreement if the other Party materially breaches its obligations and fails to remedy such breach within 30 days of receiving written notice. However, We may terminate the Agreement with immediate notice if: a) You fail to make payments when due, or b) You materially breach the provisions in Section 5 ("Use of the Services")

11.2 Upon termination (whether by You or Us), We will retain Your data for 30 days. After this period, all Your Account data will be permanently deleted.

12. Links to Third Party Websites or Resources

The Services may contain links provided by Us or End Users to other independent third-party websites or resources. Junier is not responsible for the content, products or services on or available from those websites and does not endorse their content or their terms (if any). You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

13. Content Monitoring and Removal Rights

Junier reserves the right, but assumes no obligation, to: a) Monitor User Content for violations of these Terms b) Remove, disable, or restrict access to any User Content that violates these Terms or applicable law c) Remove User Content that may create liability for Junier or harm the Services' reputation.

14. Indemnification

14.1 You agree to protect, indemnify, and hold harmless Junier, its affiliates, partners, directors, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and agents from any third-party claims, losses, damages, and expenses (including reasonable attorneys' fees) resulting from your breach of this Agreement or any documents incorporated by reference, your violation of applicable laws, or your infringement of any third-party rights.

14.2 Subject to the limitations set forth in Section 9, Junier will defend, indemnify, and hold You harmless from and against any third-party claims, damages, and reasonable costs arising from allegations that Your authorised use of the Services in accordance with this Agreement infringes or misappropriates such third-party's intellectual property rights ("IP Claim"). Our obligations under this Section 14.2 are subject to You promptly notifying Us in writing of any IP Claim, granting Us sole control over any proceedings of such claim, providing reasonable cooperation and assistance in defending the claim, and not admitting liability or agreeing to any settlement without Our prior written consent.

14.3 Should We determine that providing an alternative solution to avoid infringement is not commercially feasible, We reserve the right to discontinue the affected portions of the Services. In such cases, You must immediately cease use of the impacted features, and We will not charge further fees for the discontinued portions of the Services. Our indemnification obligations shall not extend to claims that arise from: a) unauthorized alterations to the Services, b) integration with third-party tools or services We have not explicitly endorsed, c) use of the Services beyond the scope of this Agreement, or d) any content, data, or materials originating from You or Your End Users.

15. Third-party services

15.1 The Services may integrate with or enable connections to third-party services. We do not control such third-party services and are not responsible for their availability, functionality, content, or any issues arising from your use of them. Your use of any such services is subject to the terms and conditions of the respective supplier.

15.2 We may use third-party service providers and subcontractors to help deliver and improve the Services.

16. Assignment

We may transfer Our rights and obligations under this Agreement to any affiliated entity or in connection with a transfer to a third-party of all or part of our business. You may not assign or transfer this Agreement or any of your rights or obligations without our prior written consent.

17. Governing Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of the country where Junier is registered (Denmark). Any disputes arising from or in connection with this Agreement shall be resolved by the courts of the country where Junier is registered (Denmark).

18. Entire Agreement

This Agreement constitutes the entire agreement between You and Junier with respect to your use of the Services and supersedes all prior or concurrent communications and proposals, whether oral or written.

19. Contact

If you have any questions or concerns about these Terms of Service or the Services, please contact us at hello@junier.co.