Terms of service

The following terms and conditions govern all use of OpenDIMS as well as all content, associated products and services available through the website and platform (hereinafter referred to as the “Service”). The Service is offered subject to your acceptance without reservation of all terms and conditions, as well as all other rules, laws, policies (including, without limitation, OpenDIMS’s Privacy Policy) and procedures that may be posted from time to time on our website (collectively, the “Agreement”). OpenDIMS is owned and operated by OpenSUN Systems ApS under the subsidiary name OpenDIMS ApS.

Please read the Agreement carefully before using the Service. By using any part of the Service, you agree to be bound by the terms of this Agreement. If you do not agree to all terms and conditions of this Agreement, you may not access the Service.

1. Your OpenDIMS account

You are responsible for maintaining the security of your account and any content accessed or created through it. You are fully responsible for any activities that occur under your account. OpenDIMS disclaims any liability for any loss or damage that may arise from your failure to protect your account access information.

2. Responsibility for content and contributions

If you submit, publish or otherwise make data or content available through the Service (hereinafter “Content”), you represent and warrant the following:

• That you have all necessary rights to make the Content available.
• That the Content does not infringe third party intellectual property rights or contain harmful material such as viruses.
• That the Content is not spam or used for illegal or misleading purposes.
• That the Content does not contain offensive, threatening or pornographic material.

OpenDIMS reserves the right to remove or reject Content that it deems to be in violation of this Agreement.

3. Processing of personal data

If Content contains personal data, OpenDIMS will act as a data processor under the EU GDPR Regulation (2016/679) on behalf of the customer acting as a data controller. All processing takes place in accordance with the entered into data processing agreement.

4. Payment and invoicing

General terms and conditions

You agree to pay the stated fees for use of the Service. Payment will be made in advance of the applicable subscription(s) and associated period(s), which can be monthly or annual (subscriptions paid annually are for Enterprise plan only and are billed manually). Payments are non-refundable.

Time of card drawing: When you sign up for a paid subscription, the amount for the first subscription period will be deducted immediately when you approve and complete the payment. For subsequent automatic renewals, the amount will be automatically charged to your credit card on file at the start of each new subscription period (monthly or yearly).

For all other than Enterprise solutions of the Service, payment can only be made with credit cards of approved type:

Automatic renewal

Your subscriptions will automatically renew at the end of the period, unless you actively cancel your OpenDIMS subscriptions, in which case your account will be downgraded to a free version. For Enterprise customers, you must actively contact us in writing for termination. OpenDIMS reserves the right to upgrade accounts whose resource usage exceeds the subscription limits if auto-renew is enabled in Settings in the administration.

Prices and payment terms

The current prices are stated in OpenDIMS.com. Prices are exclusive of VAT and are stated in Danish kroner (DKK). OpenDIMS may change prices and subscription terms at any time with appropriate notice.

NOTE: In case of non-payment, your subscription will be downgraded after 7 days to the free version of the subscription which has remained unpaid.

Reimbursement

OpenDIMS does not provide refunds for partially used periods or Credits. This also applies to purchased or awarded AI Credits, which are non-refundable upon termination of the account or at the end of the credits period.

4.1 OpenDIMS AI Credits

Using the OpenDIMS AI module requires “AI Credits”. These credits act as a virtual means of payment within the Service and provide access to generate or process content via AI functionalities.

• Acquisition: Credits can either be included in a specific subscription or purchased as add-ons (“Top-up”).
• Consumption: Each action in the AI module deducts a specified number of credits based on the complexity and resource consumption of the task. The current consumption catalogue can be found in the Service’s documentation or user interface.
• Validity: Unless otherwise agreed in writing or stated in the selected subscription package, unused credits will expire at the end of the current billing period and will not be carried over to the following period.
• No cash value: AI Credits are not an electronic currency or a deposit. Credits cannot be exchanged for cash, refunded or transferred to other accounts or third parties.

5. Termination

You can cancel your subscription at any time by cancelling your subscriptions in the OpenDIMS administration under “Payment information”. You must choose which subscription you want to cancel (note that you must cancel one subscription at a time). Cancellation by email or phone will not be accepted. Upon termination, amounts already paid remain non-refundable. OpenDIMS may terminate your access to the Service with immediate effect upon breach of the Agreement without refund.

6. Disclaimer and warranties

The Service is provided “as is” without warranties of any kind. OpenDIMS disclaims any liability for any additional expenses to 3rd parties, loss or damage, including but not limited to business interruption and loss of data.

7 Intellectual property rights

OpenDIMS owns all intellectual property rights to the Service, including the software, logos and designs. Your use of the Service does not grant you any right to copy, distribute, or modify any portion of OpenDIMS’s materials.

8. changes in terms

OpenDIMS reserves the right to change terms and conditions. Material changes will be notified and your continued use of the Service following any change will be deemed acceptance thereof.

9. Governing Law

This Agreement, the Service, and any dispute or claim arising in connection therewith shall be governed by and construed in accordance with the laws of Denmark. This matches the country of incorporation of the provider (Denmark). Any lawsuit or dispute that cannot be resolved amicably between the parties shall be brought before OpenDIMS ApS’ applicable jurisdiction in Denmark (the Court of Herning) as the first instance.

10. Right of appeal

OpenDIMS is a digital B2B Software-as-a-Service (SaaS) platform that is offered exclusively to businesses. As the Service is provided solely as software for business purposes, the general consumer complaint mechanisms and consumer protection rules do not apply to this Agreement. The service also does not include the supply of physical goods, alcohol, food, rental services or physical services.

If, contrary to expectations, you as a customer wish to make a complaint, raise a claim or submit a complaint about errors, deficiencies or operational disruptions in the Service, you must contact us directly via our support channel on support@opendims.com, after which we will process your inquiry as soon as possible with a view to finding an amicable solution.

11. Contact

For questions or support, please contact us at support@opendims.com.