These Terms of Use (“Terms”) govern the relationship between Ivital ApS (“Ivital”, “we”, “us”, or “our”) and the company that enters into an agreement for the use of the Ivital platform for its employees (“Company”, “you”, or “customer”). These Terms regulate the use of Ivital’s platform and the services provided through it.

1. Subject of the Agreement

Ivital provides a digital stress prevention platform to the Company with the purpose of promoting well-being and reducing stress among its employees. Ivital grants access to the platform, which the Company can offer to its employees.

2. Right of Use and Ownership

The Company is granted a non-exclusive, time-limited license to use the Ivital platform for its employees in accordance with these Terms and the applicable commercial agreement. Ivital retains all rights to the software, data, and technology associated with the platform, including updates, improvements, and modifications.

3. Employees’ Use of the Platform

The Company is responsible for ensuring that employees are informed of the platform’s features, as well as the relevant terms and conditions for their use of the platform. Ivital has direct responsibility toward employees regarding their data and personal information, as described in our Data Protection Policy, which they must accept when creating an account.

4. Payment and Invoicing

The financial terms of the agreement, including payment for licenses, will be charged in accordance with the agreed price list or the specific terms outlined in the commercial agreement between Ivital and the Company.

4.1 Due Payment and Late Payments

Invoices are due for payment within 30 days of the invoice date unless otherwise agreed in writing. In the event of late payment, Ivital reserves the right to charge interest in accordance with Danish interest law and to impose reminder fees.

5. Limitation of Liability

5.1 General Disclaimer

Ivital disclaims all liability for direct or indirect losses, including, but not limited to, loss of business, loss of income, loss of data, employee sick leave, or employee resignations that may occur during the period in which the Ivital platform is used as a stress prevention tool.

5.2 Result Guarantee

Stress is a complex condition influenced by many factors, and Ivital cannot guarantee results. Failure to achieve results, regardless of the cause, shall not result in any compensation claims against Ivital.

5.3 Professional Advice and Treatment

Ivital provides tools that support the prevention, detection, and management of stress and the promotion of well-being. However, the platform does not replace medical, psychological, or psychomotor advice or treatment.

6. Company Responsibilities

6.1 The Role of Management in Stress Management

The Ivital platform is designed to support employees in preventing and managing stress. To achieve the best results, it is important that management actively promotes the use of the platform as part of the company’s overall well-being policy. Strong leadership support will enhance employees’ use of the platform and promote a healthy workplace culture.

6.2 Communication and Implementation

The Company must clearly inform employees about the platform’s purpose and features. The Company should ensure that employees understand how the platform can be used to promote well-being and encourage active participation. Effective implementation can improve stress prevention results within the Company.

6.3 Integration into the Overall Well-being Policy

The Ivital platform should be integrated as part of the Company’s broader strategy for well-being and employee care. To achieve the desired outcomes, it is recommended that the Company complements the platform’s tools with other relevant initiatives, such as well-being conversations, preventive health measures, and employee development programs.

7. Data Protection and Anonymized Data

7.1 Employee Data

Ivital processes employee personal data in accordance with GDPR. The company does not have access to employee data without their explicit consent. Employees may choose to grant the company access to their reflection data when booking well-being consultations. Consent is given on a case-by-case basis via the platform and can be withdrawn at any time.

7.2 Anonymized Statistics

The Company receives anonymized well-being data, which cannot be traced back to individuals. This data is used solely to improve the work environment and reduce stress at the workplace.

7.3 No Data Processor Agreement Required

Ivital is the data controller for personal data, and therefore, there is no need for a separate data processing agreement between Ivital and the Company, unless otherwise required by applicable law.

8. Termination and Expiration

8.1 Termination of the Agreement

The agreement will automatically renew at the end of each subscription period unless otherwise agreed in writing, or if the agreement is terminated in writing no later than 14 days before the end of the current period. Upon termination, employees will lose access to the platform, and personal data will be deleted in accordance with our Data Protection Policy.

8.2 Termination for Breach

If the Company fails to meet its payment obligations or other essential terms, Ivital reserves the right to terminate the agreement with immediate effect and revoke access to the platform.

9. Support and Maintenance

Ivital provides support to the Company and its employees to ensure optimal use of the platform. Support can be contacted via [email protected]. Ivital reserves the right to perform maintenance and updates to the platform with reasonable notice where possible, and will strive to minimize any service disruptions.

10. Changes to the Terms

Ivital reserves the right to update the terms at any time. Material changes will be communicated directly with 30 days’ notice, and continued use of the platform after such changes will be considered acceptance. Minor changes may be made without prior notice.

11. Governing Law and Jurisdiction

This agreement is governed by Danish law. Any dispute arising out of this agreement shall be settled in the City Court of Aarhus as the first instance.