Terms & Conditions for ContenTribe ApS

These terms and conditions are entered into between you (hereinafter "the customer") and ContenTribe ApS, CVR: 44349124 (hereinafter "ContenTribe ApS"). The term "you" refers to any purchaser and/or user of our services, products or programs.

These Terms & Conditions also apply to the contractual relationship established between the customer and ContenTribe ApS when the customer signs up for one of our services or products.

The following terms and conditions, together with any documents they expressly refer to (collectively, the "Terms & Conditions"), govern your access to and use of www.contentribe.dk and https://platform.contentribe.dk/ (the "Website" or "Site"), including all content, functionality, services and products offered on or through our Website.

These Terms & Conditions state how you may use our website, services and products, including graphic design for both digital and physical media, video editing, animation and e-learning (SCORM and xAPI). By using our services, you agree to these terms. We reserve the right to change these Terms & Conditions as needed. Changes will be communicated via our website or directly to existing customers where applicable.

Updates to Terms & Conditions

We reserve the right to change these Terms & Conditions as needed. Changes will take effect when the updated terms are published on this page. We will provide notice of material changes by email or by a prominent notice on our website and platform prior to the effective date.

By using any of our services, products or subscription solutions, you agree to these Terms & Conditions and are legally bound by them, whether you have read them or not. If at any time you do not agree with these Terms & Conditions, please do not use our website, services or subscription solutions.

Company information

ContenTribe ApS
Karen Blixens Boulevard 7, 8220 Brabrand
CVR: 44349124
Contact: Simon Gad Andresen - +45 50653105 - sga@contentribe.dk

Disclaimer of liability

You agree that ContenTribe ApS cannot be held liable for any direct or indirect losses, damages or costs that you may suffer in connection with the use of our services, products or subscription solutions.

This includes, but is not limited to, damage or loss resulting from:

• Errors, omissions or interruptions in our services.
• Deleting files or emails.
• Technical faults, including non-delivery or delays in operation or transfer.
• Viruses, malware or other harmful components.
• Communication loss, system failure or other technical downtime.
• Theft, destruction or unauthorized access to ContenTribe ApS' systems, data or services.

ContenTribe ApS is not liable for loss of data or indirect damages, including, but not limited to, operating losses, lost profits or loss of goodwill. We accept no liability for material supplied by third parties or errors arising from the customer's use of our material in a manner not agreed. Nothing in these terms limits our liability to the extent that it cannot be excluded under applicable Danish law.

Privacy and data protection

We are committed to protecting your personal information and complying with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR). By using our services, you agree to our Privacy and Data Protection Policy, which is available on our website.

1. General Property Rights

1.1 Ownership of delivered material

Upon delivery of finished deliverables, including but not limited to graphic design, videos, animations, e-learning content, text, images, logos, software and other digital content (hereinafter collectively referred to as the "Material"), ownership is transferred to the Customer after full payment, unless otherwise agreed in writing. The Customer then obtains full and unlimited rights to use the Material, including for commercial purposes.

If any rule of law results in ContenTribe ApS obtaining full or partial ownership of the Material, ContenTribe ApS irrevocably and without limitation transfers all rights to the Client. ContenTribe ApS reserves the right to reuse generic elements, templates or design principles in other projects, provided that this does not involve the transfer of the Customer's unique content.

1.2 Right to use Customer-supplied material

The Customer warrants that all material provided by the Customer for use in assignments ("Customer Material") is either owned by the Customer or can legally be used in the project. The Customer also guarantees that this material does not infringe any third party's intellectual property rights, including copyrights, trademarks or privacy rights. ContenTribe ApS assumes no responsibility for the materials provided by the Customer in relation to license or trademark issues. The Customer grants ContenTribe ApS a royalty-free, non-exclusive and time-limited license to use, host, copy and process the Customer Material to the extent necessary to provide the agreed services.

1.2.1 Indemnification

Customer agrees to indemnify, defend and hold harmless ContenTribe ApS and its affiliates, officers, directors, agents, successors and assigns (the "Indemnified Parties") against all claims, demands, liabilities, damages and costs, including reasonable attorneys' fees, arising out of or in connection with: (i) Customer's breach of any of the terms of this Agreement, (ii) Customer's use of the services provided pursuant to the Website, (iii) infringement of third party intellectual property rights or other proprietary rights relating to the materials Customer provides to ContenTribe ApS.

1.3 Use of Marketing Materials

Unless otherwise agreed in writing, ContenTribe ApS reserves the right to mention the Customer's projects and use the delivered Material for marketing purposes, including on the website, social media and in case studies. The Customer may request in writing that specific projects be exempted from this use.

1.4 Guarantee of rights protection

ContenTribe ApS guarantees that all Material created and delivered by ContenTribe ApS (excluding Customer Material) does not infringe third party intellectual property rights. The Customer shall be held harmless in the event that such an infringement should occur, unless the Customer itself has contributed the infringing material.

2. Reservations

2.1 Availability and delivery

ContenTribe ApS strives to ensure that our website, services, products and materials are available without interruptions and errors. This includes graphic materials, video editing, animations, e-learning content, online communication, email correspondence, downloadable files, webinars, recordings and other digital products or services that we provide to the customer.

However, we cannot guarantee uninterrupted access, as certain conditions may cause temporary disruptions or limitations in availability. This may be due to, for example:

• System updates, repairs or maintenance
• High internet traffic or server congestion
• Technical errors with third-party vendors
• Network issues or delays in data transmission
• Force majeure conditions such as power outages, cyber attacks or similar unforeseen events

Although we strive to minimize the duration and frequency of any interruptions, we cannot guarantee error-free or constant access to our services. To the fullest extent permitted by Danish law, ContenTribe ApS disclaims any liability for any direct or indirect losses, damages or claims for reimbursement that the customer may suffer as a result of unavailability, delays or technical errors in our systems. Nor can ContenTribe ApS be held responsible for any consequential losses, including but not limited to lost earnings, business interruptions or lost data that may arise as a result of disruptions in our services, products or materials.

2.2 Warranty

ContenTribe ApS does not guarantee specific results unless otherwise agreed in writing. Our services are provided on an "as is" basis and we do not assume liability for any unforeseen errors, defects or the customer's expected return on our services.

2.3 Order confirmation

An assignment is not binding until ContenTribe ApS has confirmed receipt and acceptance in writing. The customer can submit tasks via the available system, but ContenTribe ApS reserves the right to reject or postpone tasks in the event of capacity challenges, insufficient information or other circumstances. Only when the task is accepted and marked as "in progress" in our workflow is the task considered initiated and binding. See more about workflow in section 2.4.1.

2.4 Delivery points

ContenTribe ApS strives to deliver tasks as quickly as possible and within normal working hours (weekdays 08.00-16.00). The estimated delivery time for an assignment is generally 3-4 business days from the time the assignment is approved and sufficiently described to be initiated. The stated delivery times are indicative estimates for the first version of the ordered task. The delivery time for the final version depends on the amount and pace of the Customer's feedback and any changes in direction or scope during the process. There is therefore no guarantee as to when a task is finally delivered.

Upon receipt of an assignment, ContenTribe ApS makes an assessment of the scope of the assignment. If we assess that the task exceeds the established framework for one task (based on the Customer's chosen package), we reserve the right to: reject the task, or to divide the task into several individual tasks, which are processed individually with their own delivery time. This assessment is made by ContenTribe ApS and is binding.

The number of simultaneous active tasks depends on the Customer's subscription package:

• Enterprise package: 1 active task at a time
• Agency package: 2 active tasks at a time
• Enterprise package: 3 active tasks at a time

ContenTribe ApS produces and initiates tasks in chronological order according to the prioritization the customer makes on the platform. In case of illness, technical problems or other unforeseen events - including delays from third-party suppliers - ContenTribe ApS disclaims any responsibility for delays. However, the Customer will be informed as soon as possible if a delay occurs. It is recommended that the Customer takes into account potentially longer delivery times during periods of holidays, public holidays or peak periods, cf. section 2.5.

2.4.1 Acceptance and workflow for delivery output

When a task is delivered, it is marked as "Review" in the system. The customer is notified and encouraged to review the delivered material and provide any feedback or corrections. There is no fixed limit to the number of reviews, but feedback should be given continuously to ensure the progress of the project.

The customer has up to 21 days to provide feedback or approval. If no response is received within this period, ContenTribe ApS reserves the right to mark the assignment as temporarily completed for workflow and capacity management purposes. This is not considered final or legal approval of the material. A task marked as completed due to inactivity can be reactivated by the Customer at any time as long as the subscription is active. Reactivation means that the project will re-enter the queue according to the Customer's subscription type and current number of active tasks. The number of active tasks at a time depends on the selected package. Only tasks with status "in progress" are considered active. Tasks under "Review" (awaiting customer feedback) do not count as active, freeing up space in the queue for new tasks.

2.5 Holiday periods and public holidays

ContenTribe ApS operates within normal working hours and makes reservations for holiday periods and Danish public holidays, where delivery times may be longer than usual. We recommend that customers plan their projects well in advance to avoid delays.

2.6 Audits and data errors

ContenTribe ApS strives to provide correct and accurate materials, but we cannot guarantee that all content on our website or in delivered products is error-free, complete or up-to-date at all times. The Materials may contain technical, typographical or graphical errors and we reserve the right to make changes or corrections without prior notice. Customer is responsible for reviewing and approving delivered materials prior to final use. Any revisions beyond the agreed number will be invoiced at the applicable hourly rate. However, ContenTribe ApS has no obligation to update material unless otherwise agreed in writing.

2.6.1 Errors and omissions in delivered material

ContenTribe ApS strives to deliver error-free and usable material. However, it cannot be guaranteed that all deliveries are free of technical or content-related errors. Upon receipt of material - including design, graphics, text, video or other content - it is the Customer's responsibility to review the delivered material and report any errors, omissions or need for corrections as soon as possible. ContenTribe ApS will then endeavor to rectify justified errors within a reasonable time. ContenTribe ApS assumes no liability for losses, delays or derived costs that may arise as a result of errors, omissions or omissions in delivered material.

2.7 Links

ContenTribe ApS may contain links or references to third-party websites, platforms or services that may take you outside of our own website, services, products or materials. These links are provided solely for your convenience and their presence does not imply that ContenTribe ApS approves, sponsors or endorses the linked websites, their owners or their content. ContenTribe ApS is not responsible for the content, views, advice or information found on external websites and we cannot guarantee the accuracy, completeness or reliability of such resources. We have no control over the functionality of external websites and we disclaim any liability for any loss, damage or other consequences that may arise from your use of these links. It is your own responsibility to review the terms and conditions and privacy policies of the external websites before using them. Use of third party links is at your own risk.

2.8 Changes to the website's terms of use

ContenTribe ApS reserves the right to change the terms of use for the website and our services at any time. By using the website, you agree to be bound by the current version of these Terms & Conditions.

2.9 Applicable law

Any relationship between the Customer and ContenTribe ApS regarding ContenTribe ApS's website, services, materials and products shall be governed by Danish law, without regard to its conflict rules.

2.10 Workflow and delivery standards

ContenTribe ApS strives to deliver content that is consistent with the Customer's visual identity, tone and purpose. To achieve this, we work from an established collaboration structure and use the information and guidelines provided by the Customer in the platform, including information about brand, color codes, typography, target group, sector and tone of voice.

If the customer has a fire guide, we use this as a common reference point. If the brand guide is incomplete or in need of updating, we are happy to assist with advice and updates to ensure coherence and consistency in future deliveries.

All tasks are carried out by professional designers and video producers who work within the framework and possibilities offered by ContenTribe ApS' service level. We prioritize quality, speed and support and always strive to deliver creative solutions that match the customer's needs and the platform format.

It is important to note that we are a cost-effective service and as a result, we do not offer the same level of strategic involvement, research or individual project management that you would typically find at larger, award-winning agencies with significantly higher price points. Our aim is to deliver an honest, efficient and highly valued service - without unrealistic promises.

By default, ContenTribe ApS does not provide advanced post-processing such as 3D animations, special effects in After Effects or heavy video compositing, unless this has been agreed in writing as a separate supplement.

2.10.1 Task prerequisites: Briefing

In order for ContenTribe ApS to deliver timely and correct deliveries, it is a requirement that the Customer prepares and submits an adequate briefing in connection with each assignment.

A briefing should provide the necessary information to understand, produce and deliver the desired material without significant interpretations or guesses. The more precise and detailed the Customer is in its description, the better ContenTribe ApS can deliver according to expectations.

Depending on the nature of the task (e.g. video, graphic design, e-learning, SCORM production or text), an adequate brief should include, for example

• Context of use: Where will it be used? (e.g. social media, landing page, learning module)
• Description of the task: Describe as concretely as possible what the task is - for example, what problem needs to be solved, what the design should signal, or what action it should support.
• Text for the design/video: Specify exactly what text to include in the material, including headlines, CTAs and body text.
• Format and dimensions: E.g. 1080×1920, 1920×1080, 1:1, SCORM-compliant output, etc.
• Estimated duration (video/animation): How long should the finished video be?
• Number of variants or units: One design or multiple versions.
• Materials for the assignment: Provide all relevant materials in the required quality; for video, provide timecodes for clips.
• Brand material and style: Links to brand guide, examples, color codes, logo, etc.

If the briefing is insufficient, ContenTribe ApS reserves the right to await further information, reject the assignment or return it for editing until the necessary information is available.

3. Fees, refunds and warranty

3.1 Fees

The Client agrees to pay the agreed fees in the amount and with the billing frequency specified when signing up for ContenTribe ApS's services. ContenTribe ApS assumes no obligations to the Client until payment is received. By signing up, the Customer authorizes ContenTribe ApS to collect payment via the registered payment method (e.g. credit card, bank transfer) at the agreed times, based on the selected billing frequency (e.g. monthly, quarterly, annually). Non-payment may result in suspension of access to ContenTribe ApS's services until payment is received. The Customer represents and warrants that the payment information provided is correct and that they are authorized to use the payment instrument provided. The Customer undertakes to update their payment details immediately in the event of any changes, such as change of billing address, card expiry or other relevant information.

3.2 Termination

The Customer may terminate their subscription with ContenTribe ApS at any time with effect from the end of the current billing period. Upon termination, the Customer will continue to have access to the subscription solution until the end of the already paid period. If the Customer wishes to terminate their subscription, this must be notified in writing via e-mail to sga@contenTribe.dk no later than the end of the prepaid period in which the next renewal takes place. For example, if the period is monthly: If the subscription is renewed on the 1st of the month and the notice is received on the 25th of the same month, the subscription will not be renewed on the 1st.

The price for the services follows ContenTribe ApS' price list applicable from time to time, unless otherwise agreed in writing. ContenTribe ApS reserves the right to change fees and subscription prices from time to time. Price changes will be notified at least 5 days in advance via the website or directly to the Customer, with the exception of temporary promotions or price reductions that can be implemented without notice. If the Customer is already in an active subscription period at the time of notification, the price change will not take effect until the beginning of the next billing period. ContenTribe ApS also reserves the right to terminate a customer relationship with immediate effect if the Customer violates these Terms & Conditions or exhibits abuse of the service.

3.3 Refunds & satisfaction guarantee

If the Customer is dissatisfied with the work performed, the Customer may request a refund of the first month's payment if the subscription is canceled within 14 days of signing up. In that case, the amount corresponding to the subscription paid for by the Customer will be refunded and the subscription will be terminated immediately. After this 14-day window, no refunds will be issued. ContenTribe ApS reserves the right to deny a refund request if we find evidence of fraud, abuse of the refund right or other manipulative behavior. Promotions, upgrades, add-ons and adjustments to existing plans are not refundable.

3.3.1 Changes and revisions

Within the framework of the active subscription, the Customer can continuously submit tasks and request changes or revisions of deliveries at no extra cost. However, it is a prerequisite that tasks and changes are kept within a reasonable and limited scope, corresponding to one task. If a task changes character along the way - e.g. by adding new functions, directions or design wishes that are significantly beyond the original brief - ContenTribe ApS reserves the right to: reject changes that exceed the defined task, or split the task into several separate tasks that are processed separately in the queue, according to the subscription limits for active tasks. Revisions are performed based on Customer feedback. To ensure progress and flow in the collaboration, it is recommended that the Customer collects feedback and keeps changes focused and structured. ContenTribe ApS reserves the right to complete or postpone tasks that are changed.

3.4 Force Majeure

3.4.1 Definition of Force Majeure

If and to the extent a party's performance of any of its obligations under this Agreement is prevented, hindered or delayed directly or indirectly by disease, fire, flood, earthquake, natural disaster, acts of war, terrorism, political unrest, civil disturbance, riot, revolution, legislative change, technological breakdown, strikes, labor disputes, or any other event beyond the reasonable control of the party concerned (each a "Force Majeure Event") and such non-performance, hindrance or delay could not have been prevented by reasonable measures, the non-performing, hindered or delayed party shall excuse such non-performance, hindrance or delay in connection with the affected obligations (the "Affected Services").

3.4.2 Handling Force Majeure

For so long as the Force Majeure Event continues, the affected Party shall use commercially reasonable efforts to resume performance of its obligations as soon as practicable, including by using alternative sources, scopes of work or other means to help mitigate the delay. The affected Party shall continue to communicate and inform the other Party of developments in the situation.

3.4.3 Notification of Force Majeure

The party whose performance is prevented, hindered or delayed by a Force Majeure Event shall promptly notify the other party of the occurrence of the event in writing and in reasonable detail, including a description of the nature of the event, its expected duration and any steps taken to mitigate its effect.

3.4.4 Obligations under Force Majeure

During a Force Majeure event, the Customer remains obliged to pay for the services provided up to the time of the event, however, there may be a possibility to revise the agreement for payment of additional fees for the affected services, depending on the duration and nature of the event.

3.4.5 Duration and termination

If a Force Majeure event persists for a period longer than 14 days, either party may have the right to terminate the contract without liability. In that case, any unpaid obligations will be settled upon termination of the contract.

3.5 Termination in case of payment default

If the Customer fails to pay an overdue invoice for services within 14 days of written demand, ContenTribe ApS reserves the right to: (i) terminate the agreement for the provision of the relevant services, (ii) suspend or refuse future deliveries, (iii) demand prepayment for future tasks, and/or (iv) exercise other default remedies under the general rules of Danish law.

4. Data retention and file size limitation

4.1 File size and storage limits

When using ContenTribe ApS' platform, the following limitations and guidelines for handling and storing files apply: There is a data limit of maximum 250 GB per task.

There is a total data limit for all the Customer's projects stored on ContenTribe's cloud of 2 TB per active task in their subscription. If the Customer's files exceed these limits, the Customer is requested to share a link to an external file hosting service (e.g. Google Drive, Dropbox or similar) from which ContenTribe ApS can access and download the necessary files for the task. If the total data limit is exceeded, ContenTribe ApS reserves the right to delete previous projects, starting with the oldest, until the total amount of data is again brought below the set limit.

4.2 Storage period

Files stored via ContenTribe ApS' cloud solution (Google Drive) are stored for up to 12 months from the time of upload, unless the total data limit is reached earlier. Upon termination of the customer relationship, all files are deleted no later than 6 months after the end of the customer relationship.

4.3 Temporary files and access

Files uploaded or shared directly on the ContenTribe platform are used solely for the purpose of feedback and task completion and are deleted immediately after completion of the task in question. The customer has access to their files at any time during their active payment period via the personal folder on ContenTribe ApS' cloud solution (Google Drive), which is linked directly from the platform.

5. privacy policy

5.1 Confidentiality

We maintain confidentiality in all communications regarding your brand and business. We will only communicate with those individuals authorized on your account and will not share the information you provide with anyone outside our organization unless otherwise stated in our privacy policy.

5.2 What we use your data for

We collect personal data and/or confidential information in order to understand your needs and offer you better services. We may use the collected data for the following purposes: Internal registration and administration. Improving our website, services, products or materials. To send you updates about new services, programs, products or other offers that you can choose to unsubscribe from. To analyze aggregated, non-identifiable data for research purposes. To customize our website, services or products to your interests. To communicate with you about services, support or other related matters.

5.3 Confidentiality and disclosure

All confidential information will be kept confidential and will not be disclosed to third parties except in the following cases: When necessary to comply with these terms and conditions and our privacy policy. If we are required by law to disclose the information. If we believe in good faith that disclosure is necessary to comply with the law or legal requirements. To protect and defend our rights, property or the safety of our users and customers. When necessary to protect the personal safety of our users or the public. We will not sell, distribute or transfer your confidential information to third parties unless we have your permission or we are required to do so by law.

5.4 Storage

All data and confidential information is stored in a data processing system that can only be accessed by authorized persons who help manage the information, including sending emails or contacting you. You agree that we and our team, as well as those who manage the data processing system, can access your confidential information.

5.5 Views of others

Please be aware that when you share your confidential information or other information through our services, programs, products or materials, that information may be viewed, collected and used by others. We cannot be responsible for any unauthorized use of information that you voluntarily share online or otherwise.

5.6 How we use cookies

We use cookies to improve your experience on our website. Cookies are small files that are stored on your device and can be used to save preferences and settings. We do not collect confidential information through cookies. You can choose to disable cookies in your browser, but be aware that disabling them may affect your experience on the website and some features may not function properly. We have no control over information collected by third-party websites that may be linked to our website.

5.7 Passwords

To use certain features of our Services, you may be assigned a username and password. You are responsible for maintaining the confidentiality of your login details and for all activities that take place under your username or account. You may not share your login details with anyone. If we discover that you have shared your login details, we reserve the right to suspend your account.

5.8 Abuse

If we discover that you are misusing our Services, violating our policies or using our Services for illegal purposes, we reserve the right to cancel your account. Your right to use our Services will terminate upon violation of any of the terms of this Policy.

5.9 Digital Millennium Copyright Act (DMCA)

We respect the copyrights of others and are happy to remove content that we believe infringes the copyrights of others. If you believe that content on our website infringes your copyright, please send us a written notification that includes the following: A signature of the person authorized to act on behalf of the copyright owner. Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing and information for finding it. Contact information for the complaining party. We respect copyrights and will remove content that repeatedly infringes the copyrights of others.