1. Agreement and eligibility

These Terms of Service (the Terms) are an agreement between the Tradebird entity identified below (Tradebird, we, us) and the person or organization using the service (Customer, you).

If you accept these Terms for an organization, you confirm that you are at least 18 years old and have authority to bind that organization. The organization is responsible for its users and their compliance with these Terms. If an order form or another signed agreement conflicts with these Terms, the signed agreement controls for the subject of that conflict.

Public visitors may browse generally available parts of Tradebird subject to the provisions that apply to public access. If you do not agree to these Terms, do not use the service.

2. The service

Tradebird provides an online business platform and related software, information, communication, automation, and support services. We may improve, add, change, limit, or discontinue functionality as the service develops. We will not materially reduce paid functionality during a committed subscription term without reasonable notice, except where necessary for security, legal compliance, or circumstances outside our reasonable control.

Documentation, usage limits, an order form, or additional product terms may apply to particular services. Preview, beta, or experimental services may be changed or withdrawn and are provided for evaluation without a service-level commitment unless expressly agreed otherwise.

3. Accounts and organizations

You must provide accurate information, keep account credentials confidential, maintain appropriate user permissions, and promptly report suspected unauthorized access. Individual credentials may not be shared. You are responsible for activity performed through your accounts and by users you authorize, except to the extent caused by Tradebird's breach of its obligations.

Organization owners and administrators control membership, access, configuration, publication choices, and Customer Content. You are responsible for ensuring that your use of Tradebird is appropriate for your business, legal, regulatory, and security requirements.

4. Customer Content

Customer Content means data, files, text, messages, instructions, profile information, and other material submitted to Tradebird by or for you. As between the parties, you retain your rights in Customer Content.

You grant Tradebird a non-exclusive, worldwide, royalty-free right to host, copy, transmit, index, transform, display, and otherwise process Customer Content only as needed to provide, secure, support, and maintain the service, comply with law, and follow your documented instructions. If you choose to make Customer Content public, this right includes displaying, distributing, formatting, and promoting that public content through Tradebird until it is removed, subject to reasonable technical, legal, backup, and record-keeping limitations. Tradebird may use feedback, usage information, and information that has been aggregated or irreversibly anonymized so it no longer identifies Customer or an individual to improve the service.

You decide what Customer Content to submit and whether it may be shared or published. You confirm that:

• you have all rights, permissions, notices, consents, and lawful bases needed for Tradebird to process the Customer Content as contemplated by the agreement;
• the Customer Content and your instructions do not violate law, another person's rights, confidentiality obligations, or these Terms; and
• information you publish about your organization, products, services, or authority is materially accurate and not misleading.

Tradebird does not acquire ownership of Customer Content and does not endorse Customer Content merely because it is hosted, displayed, indexed, or transmitted through the service.

5. Restricted Data

Unless Tradebird expressly agrees otherwise in writing, you must not use the service to process:

• special categories of personal data under Article 9 of the GDPR, including data concerning health, biometric identification, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, sex life, or sexual orientation;
• personal data relating to criminal convictions or offences;
• personal data about children;
• government identification numbers, account passwords, authentication secrets, or complete payment-card information;
• information obtained, used, or disclosed unlawfully; or
• highly sensitive personal information that is not necessary for a legitimate business use of the service.

This restriction does not prohibit ordinary business contact information or confidential business information that you are otherwise permitted to process. If you become aware that Restricted Data has been submitted, you must promptly stop the relevant processing, restrict access where possible, and contact Tradebird.

6. Public information and transactions

Tradebird may display Customer Content, information from public or third-party sources, and information generated or organized through automated systems. Public information is provided for discovery and general business context. It is not an endorsement, certification, guarantee, or professional recommendation.

You must conduct your own verification and due diligence. Tradebird does not guarantee the identity, authority, accuracy, legality, quality, availability, pricing, suitability, or performance of any user, organization, content, product, service, statement, or proposed transaction.

Tradebird is not a buyer, seller, broker, fiduciary, commercial agent, or party to agreements between users. Users are responsible for their communications, decisions, negotiations, offers, contracts, performance, taxes, regulatory obligations, and disputes.

7. Content moderation and reports

Tradebird has no general obligation to pre-screen Customer Content. We may investigate, refuse, restrict, unpublish, preserve, or remove content, and may suspend related access, where we reasonably believe this is necessary to enforce these Terms, protect users or the service, respond to a sufficiently substantiated report, comply with law, or address security or rights concerns.

Reports concerning unlawful, infringing, misleading, privacy-violating, or otherwise prohibited content may be submitted through our content reporting process. We will review reports in a timely, diligent, objective, and non-arbitrary manner. Where appropriate or legally required, we will explain a restriction to the affected user and provide available options for review.

8. Acceptable use

You must not, and must not help another person to:

• use Tradebird unlawfully, fraudulently, deceptively, or to infringe another person's rights;
• publish unlawful content, impersonate another person or organization, misrepresent authority, manipulate public information, harass others, or send spam;
• introduce malware, overload or disrupt the service, probe for vulnerabilities without authorization, evade usage limits, or gain unauthorized access;
• reverse engineer or access non-public source code or interfaces except where a restriction is prohibited by law;
• scrape or systematically extract non-public data, or use non-public Tradebird output to build or train a competing service, without written permission; or
• use the service for a high-risk activity where an error could reasonably cause death, personal injury, or serious physical or environmental harm.

Documented public interfaces may be used subject to their published limits and policies.

9. Automated output

The service may use automated systems, including artificial intelligence, to retrieve, organize, transform, summarize, generate, or recommend information. Output may be inaccurate, incomplete, outdated, or unsuitable. You must use appropriate human review before relying on output, publishing it, sending it to another person, or using it for a material decision.

Output is not legal, tax, financial, safety, medical, or other professional advice. Automated systems have no authority to bind Tradebird, you, or another party unless that authority is separately and expressly granted in a valid written agreement.

10. Tradebird intellectual property and feedback

Tradebird and its licensors own the service, software, design, documentation, models, branding, and related intellectual property, excluding Customer Content and third-party material. Subject to the agreement, Tradebird grants you a limited, non-exclusive, non-transferable, revocable right to use the service during the applicable term.

If you provide feedback, you grant Tradebird a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or payment. This does not transfer ownership of your confidential information or personal data.

11. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential (Confidential Information). The receiving party will use Confidential Information only to perform or exercise rights under the agreement, protect it with at least reasonable care, and disclose it only to personnel, professional advisers, and providers who need access and are bound by appropriate confidentiality duties.

Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is independently developed without use of the disclosing party's information. A legally compelled disclosure is permitted where the receiving party gives notice when lawful and reasonably assists with protective measures.

12. Privacy and data processing

Our Privacy Policy explains processing for which Tradebird acts as a controller.

Where Tradebird processes Customer Personal Data on your behalf, the Data Processing Agreement (DPA) is incorporated into and forms part of these Terms. By accepting these Terms for an organization, you also accept the then-current DPA where it applies. The DPA controls if it conflicts with these Terms regarding processing of Customer Personal Data.

13. Third-party services

The service may interoperate with or link to third-party services, information, and websites. Your use of a third-party service may be subject to that provider's terms. Tradebird does not control and is not responsible for a third-party service you choose to use, although Tradebird remains responsible for its subprocessors as required by the DPA and applicable law.

14. Fees and taxes

Prices, subscription periods, usage allowances, renewal, and payment terms are shown at purchase or in an order form. Fees exclude applicable taxes unless stated otherwise. You authorize Tradebird and its payment provider to charge agreed amounts. Except where the agreement or mandatory law provides otherwise, paid fees are non-refundable.

15. Suspension and termination

You may stop using Tradebird and may close an account or organization as made available by the service. Tradebird may suspend or restrict access where reasonably necessary for security, non-payment, legal compliance, a material breach, or protection of users or the service. Where practical and appropriate, we will provide notice and an opportunity to cure.

On termination, your right to use the affected service ends. Customer Content is handled in accordance with the DPA, Privacy Policy, and applicable retention obligations. Provisions that by their nature should survive continue to apply, including payment obligations, ownership, confidentiality, disclaimers, indemnities, liability limits, and dispute provisions.

16. Warranties and disclaimers

Tradebird will provide paid services with reasonable care and skill. Except for express commitments in the agreement and rights that cannot lawfully be excluded, the service and all public, third-party, beta, and automated information are provided as available and without additional warranties.

Tradebird does not warrant uninterrupted or error-free operation, that all content will be reviewed, or that information or output will be accurate, complete, secure from every possible threat, or fit for a particular purpose. Tradebird is not responsible for failures caused by Customer Content, customer systems, unauthorized use, third-party services selected by the customer, or events outside Tradebird's reasonable control.

17. Customer indemnity

To the extent permitted by law, you will defend and indemnify Tradebird against third-party claims, damages, fines, and reasonable costs arising from Customer Content or your use of the service that infringes another person's rights, violates applicable law, or materially breaches Sections 4, 5, or 8. Tradebird will promptly notify you of a covered claim, allow you to control its defence and settlement, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by or imposes an obligation on Tradebird without our written consent.

18. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential loss, or for lost profits, revenue, business, goodwill, anticipated savings, or data, arising from the agreement, even if advised that such loss was possible.

Except for liability that cannot lawfully be limited, each party's total aggregate liability arising from the agreement will not exceed the fees paid or payable for the affected service during the 12 months before the event giving rise to the claim. If no fees were paid or payable, Tradebird's total aggregate liability will not exceed DKK 1,000.

The exclusions and cap do not limit payment obligations, Customer's indemnity obligations, misuse of the other party's intellectual property, fraud, wilful misconduct, or other liability that cannot lawfully be excluded or limited.

19. Changes and notices

We may update these Terms as the service, business, or law changes. We will publish the new version and effective date. For a material change affecting authenticated use, we will ordinarily provide reasonable advance notice by email, in-product notice, or both. We may require renewed acceptance where appropriate. Urgent security, legal, or abuse-prevention changes may take effect sooner.

Notices to Tradebird must be sent to the contact shown below unless the agreement specifies another method. Operational notices to you may be sent to the account or organization contact information on file.

20. General terms

Neither party is liable for delay or failure caused by events beyond its reasonable control. You may not assign the agreement without Tradebird's written consent, except as part of a merger or sale of substantially all relevant assets where the successor agrees to the agreement. Tradebird may assign the agreement to an affiliate or successor in connection with a reorganization, merger, acquisition, or sale of the service.

The agreement is the complete agreement about its subject and replaces prior discussions on that subject. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions continue. Headings are for convenience only. No third party receives rights under the agreement unless expressly stated.

21. Governing law and courts

These Terms are governed by Danish law, without regard to conflict-of-law rules. Any dispute is subject to the exclusive jurisdiction of the Copenhagen City Court (Københavns Byret) as the court of first instance, unless mandatory law requires otherwise.