This End-Customer License Agrement (version EN-1.0) are entered into on the start date registered in Howdy’s system and the parties are Howdy ApS (CVR no. 35 39 55 39), Njalsgade 76, 2300 Copenhagen S (“Howdy”) and the “Customer” as registered in Howdy’s system. Howdy and the Customer are individually referred to as a “Party” and collectively as the “Parties”.
The Customer’s usage of Howdy is under these terms and conditions:
1.1 Howdy complies with the applicable rules for the processing of personal data, including the European Parliament and Council Regulation No. 2016/679 of April 27, 2016 (“GDPR”), which came into effect on May 25, 2018, and the supplementary Danish data protection law that comes into effect no later than May 25, 2018.
1.2 Howdy acts as the data controller and processes data as described here: https://howdy.care/help-center/data-protection/howdy-aps-as-data-controller
1.3 All data collected through the Solution belongs to Howdy. Howdy shares statistical data at a non-personally identifiable level with the Customer and any collaborators, if specifically selected in the Order Form. The Customer does not have the right to access Employee information.
2.1 The customer must ensure that they can rely on legitimate interests (for private sector customers) or invoke §12 of the Danish Data Protection Act (for public sector customers) to share data with Howdy, who will then act as the data controller for the data received.
2.2 The customer acknowledges that they are responsible for informing their employees about Howdy.
3.1 Howdy grants the Customer and their specified Employees a non-transferable, non-exclusive license to use the Solution and any purchased Modules (“License”) during the respective Subscription periods.
3.2 The Customer acknowledges that any intellectual property rights, including but not limited to copyrights, know-how, goodwill, trademarks, and other materials exchanged, developed, and created as part of the Agreement, shall belong to Howdy.
4.1 Howdy makes no guarantees regarding the functionality and effect of the Solution, including but not limited to guarantees regarding fitness for a particular purpose, absence of defects, or guarantees regarding the Solution’s preventive, health, or wellness effects for Employees. Howdy is not responsible for the accuracy of the data provided by Employees and therefore cannot be held liable for any consequences arising therefrom.
4.2 Howdy disclaims any responsibility for indirect losses, including but not limited to loss of revenue, loss related to lost or damaged data, etc.
4.3 Howdy’s liability to the Customer is limited to 50% of the payment received from the Customer for the Subscription period or service from which the compensation claim arises.
5.1 Howdy is entitled to assign the Agreement without the Customer’s consent.
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