By accessing, implementing, or utilizing the BrandMobile platform, the Customer agrees to comply with these General Terms and Conditions. If you do not agree to these terms, you are not authorized to use the BrandMobile services or platform.
Definitions and interpretation
"Account": The unique credentials and digital environment assigned to the Customer to manage content, services and Dashboards.
"Agreement": These Terms and Conditions and any associated Service Orders or License Agreements.
"BrandMobile": Refers to BrandMobile Aps, reg. no. 36563508, Store Regnegade 5, 2nd Floor, 1100 Copenhagen, Denmark the service provider.
"Campaigns": The digital marketing activities, coupons, quizzes, interactive experiences, or gamified content created via the Platform.
"Customer" / "You": The legal entity or person identified in the License Agreement.
"Data": All information, text, images, videos, and results processed through the Platform.
"Force Majeure": Unforeseeable events beyond BrandMobile’s control (e.g., natural disasters, war, infrastructure failure) that prevent fulfillment of obligations.
"License Fee": The recurring or one-time payment for Platform access as specified in your agreement.
"Platform": The proprietary BrandMobile cloud-based software suite used for creating and managing digital campaigns.
"SaaS": Software-as-a-Service, meaning the software is hosted remotely and accessed via the internet.
"Traffic": The volume of data exchanged between a BrandMobile campaign and its end-users.
Scope of the License
Grant of Use. BrandMobile grants the Customer a non-exclusive, non-transferable right to access and use the Platform during the Term. This license is strictly for the internal business purposes of the Customer as defined in the License Agreement.
User Limits. Access is granted via named user accounts. The Customer is responsible for ensuring that credentials are not shared outside the authorized team members.
Permitted Channels. Campaigns may be deployed across the Customer’s owned digital properties, including websites, social media profiles, and mobile applications, provided they align with the agreed-upon scope.
Service delivery and support
Platform Availability. BrandMobile strives for high uptime but does not guarantee uninterrupted service. Maintenance windows will be communicated in advance whenever possible.
Technical Support. Our support team provides guidance on platform navigation, technical troubleshooting, and integration assistance. Support levels (Response Times, SLA) are governed by the specific tier selected in the Customer’s License Agreement.
Strategic Sparring. Depending on the selected plan, BrandMobile may provide a Project Manager to assist with campaign optimization, performance reviews, and creative best practices.
Customer responsibilities
Content Ownership. The Customer maintains full ownership of all content, logos, and data uploaded to the Platform. BrandMobile claims no rights to Customer-specific intellectual property.
Legal Compliance. The Customer must ensure that their use of the Platform - including the collection of any user data - complies with local advertising laws, competition rules, and privacy regulations.
Payment and terms
Fees. All fees are invoiced according to the License Agreement. Unless otherwise stated, payments are due within 14 days of the invoice date.
Non-Payment. In the event of a payment default, BrandMobile reserves the right to suspend Platform access after providing 10 days' written notice, until all outstanding balances are settled.
Fair Use Policy. Platform usage is subject to a "Fair Use" understanding. If a Customer’s traffic or data consumption significantly exceeds the average for their license level, BrandMobile reserves the right to adjust fees or limit traffic.
Data protection and confidentiality
Data Processing. BrandMobile acts as a Data Processor. We implement rigorous technical and organizational measures to protect data against unauthorized access or loss, in accordance with GDPR and applicable privacy laws.
Confidentiality. Both parties agree to keep all non-public information—including business strategies, technical specifications, and pricing - strictly confidential during and after the term of this Agreement.
Limitation of Liability
General. BrandMobile shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities, arising from the use of the Platform.
Maximum Liability. BrandMobile’s total liability for any claim under this Agreement is limited to the total amount paid by the Customer for the Platform license during the 12 months preceding the claim, or according to signed client contract.
Term and Termination
Duration. This Agreement remains in effect for the period specified in the License Agreement.
Termination. Either party may terminate the Agreement for cause if the other party breaches a material term and fails to remedy it within 30 days of notice, or according to signed client contract.
Post-Termination. Upon termination, the Customer’s right to use the Platform ceases immediately. All campaign data will be handled in accordance with the signed Data Processing Agreement (DPA).
Govering Law
This Agreement is governed by the laws of Denmark. Any disputes arising from this Agreement shall be settled by the courts of Copenhagen.
