Terms of Use

1. Parties and scope

These Terms govern business access to and use of Piklo, provided by Piklo Systems, Danish company registration number 32709192, Tjebberupvej 101, 4300 Holbæk, Denmark ("Piklo").

The business, organisation or self-employed professional creating or using an account is referred to as the "Customer".

These Terms apply exclusively to business customers. Any person accepting them on behalf of a Customer represents that they are authorised to bind that Customer.

The Agreement comprises these Terms, the selected subscription plan, order confirmations, the Data Processing Agreement and any other agreed written schedules. In case of conflict, the following order applies: an individually signed agreement, the Data Processing Agreement for personal-data matters, the order confirmation and these Terms.

2. Service

Piklo provides a cloud-based platform which, depending on the subscription, may include booking, calendars, customer management, clinical records, communications, payments, point-of-sale functions, inventory, staff management, scheduling, reporting, integrations and AI-powered features.

Features, limits and prices are specified in the applicable subscription description. Piklo may improve, modify or replace features, provided that the material overall functionality of the Service is not unreasonably reduced.

Piklo supplies software and is not a party to agreements between the Customer and its clients, patients, employees, suppliers or other third parties. The Customer remains responsible for its treatments, products, bookings, prices, cancellations, refunds, professional decisions and legally required information.

3. Accounts and access

The Customer must provide accurate, current information and protect passwords, devices and login credentials. Accounts are personal and may not be shared unless expressly supported by the Service.

The Customer is responsible for activity conducted through its accounts, except where the activity results from a documented security breach attributable to Piklo.

Suspected unauthorised access must immediately be reported to support@piklo.dk. Piklo may require multi-factor authentication, password resets or other reasonable security measures.

4. Customer responsibilities

The Customer is responsible for:

1. using the Service lawfully and in accordance with applicable professional standards;
2. obtaining all necessary licences, authorisations, consents and legal bases;
3. ensuring that information, prices, policies and instructions entered into the Service are correct;
4. training its users and assigning appropriate access rights;
5. complying with accounting, tax, VAT, marketing, employment, healthcare, recordkeeping, payment and data-protection laws;
6. reviewing all results, calculations, reports, AI suggestions and automated actions before relying on them; and
7. retaining separate copies where required by law or by the Customer's risk assessment.

The Service may not be used for unlawful content, infringement of third-party rights, malware, security attacks, circumvention of access restrictions, unauthorised surveillance, unauthorised resale or activities likely to harm the Service or others.

5. Subscriptions, fees and payment

Subscriptions run monthly or annually, as stated when ordered, and automatically renew for corresponding periods until cancelled.

All prices shown to the Customer include VAT and other governmental charges unless expressly stated otherwise. Usage-based services, including SMS, payment transactions, AI usage, terminals and third-party services, may be charged separately.

The Customer authorises Piklo and the applicable payment provider to charge amounts due using the registered payment method.

In case of late payment, Piklo may charge statutory interest and fees and suspend access after reasonable notice. Payment obligations continue during a suspension caused by the Customer's breach.

Fees already paid are non-refundable unless required by mandatory law, expressly agreed otherwise or resulting from an error attributable to Piklo.

Piklo may change prices by giving at least 30 days' notice. An increase will take effect no earlier than the next subscription period. The Customer may cancel before the new price takes effect.

6. Cancellation and termination

The Customer may cancel through the account's subscription settings or by written notice. Cancellation takes effect at the end of the paid subscription period.

Either party may terminate for material breach if the breach is not remedied within 14 days after written notice. Immediate termination is permitted for unlawful use, serious security risks, payment fraud, insolvency or a breach incapable of remedy.

Access ends upon termination. Before termination, the Customer must export data it wishes to retain. Piklo may provide a limited export period but is not required to do so unless required under the Data Processing Agreement or mandatory law.

Data will be deleted or anonymised under Piklo's applicable retention schedule unless retention is required by law, necessary for legal claims or required by the Customer's documented lawful instructions.

7. Payments and third-party providers

Payments may be processed by Stripe, MobilePay, SumUp or other providers. Their separate terms and fees may apply.

Piklo is not a bank, payment institution, acquirer or financial adviser and is not responsible for third-party fund holds, chargebacks, identity checks, rejected transactions, payout timing or payment-account closures.

The Customer is responsible for disputes with its own customers, including refunds, payment objections, no-show charges, deposits and cancellations.

Integrations and third-party services may change, become restricted or cease for reasons beyond Piklo's control. Piklo is not liable for third-party products but will reasonably seek to limit the impact on the Customer.

8. Personal data and confidentiality

Where Piklo processes personal data on the Customer's behalf, the Customer is the controller and Piklo is the processor. Such processing is governed by Piklo's Data Processing Agreement.

The Customer is responsible for the applicable legal basis, information provided to data subjects, responses to rights requests, lawful retention periods and determining which information may be recorded.

Health data and other special-category data may only be entered where lawful, necessary and protected by appropriate safeguards. Such data must not be entered into features that are not expressly intended for it.

Piklo may act as an independent controller for limited information processed for account administration, billing, security, fraud prevention and compliance with Piklo's own legal obligations. This is described further in the Privacy Policy.

Each party must keep non-public commercial, technical and personal information confidential. This duty continues after termination.

9. Customer Data

The Customer and the relevant data subjects retain their rights in Customer Data. The Customer grants Piklo a limited right to host, copy, transmit, structure and otherwise process Customer Data as necessary to provide, secure and support the Service.

The Customer represents that it has the right to submit and process the data through the Service.

Piklo may use irreversibly anonymised and aggregated information for statistics, security, capacity planning and product improvement, provided it cannot identify the Customer or any individual.

Customer Data will not be used to train general-purpose AI models unless the Customer separately and expressly agrees.

10. AI and automation

AI-generated content, transcriptions, suggestions, classifications and automated actions may be inaccurate, incomplete or misleading.

They do not constitute medical, legal, accounting or other professional advice. Human review is required before use, particularly where the result could affect a person's treatment, health, rights, finances or employment.

The Customer must not use AI features as the sole basis for significant decisions about individuals where doing so would be unlawful or professionally inappropriate.

11. Intellectual property

Piklo and its licensors own all rights in the Service, including software, designs, documentation, trademarks and improvements. The Customer receives only a limited, non-exclusive, non-transferable right to use the Service during the subscription.

The Customer may not copy, modify, reverse engineer, decompile, resell or attempt to derive source code, except where such a restriction is invalid under mandatory law.

Piklo may freely use general suggestions and feedback without disclosing the Customer's confidential information.

12. Operation, security and changes

Piklo aims to provide stable operation but does not guarantee uninterrupted or error-free access. Planned maintenance may cause temporary unavailability.

Piklo may make immediate changes or suspend functions where necessary for security, legal or operational reasons.

Test, beta and preview features are provided as is, may be unstable and may be changed or removed without notice. They should not be used for critical workflows without appropriate controls and backups.

13. Disclaimer of warranties

The Service is provided as standardised software. Piklo does not warrant that it will meet every individual requirement or that results, integrations, reports and third-party data will always be complete or error-free.

Piklo disclaims warranties to the maximum extent permitted by applicable law. This does not limit express commitments contained in a separate written agreement.

14. Limitation of liability

Piklo is not liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill, lost savings, losses arising from third-party claims, or loss and restoration of data, unless mandatory law provides otherwise.

Piklo's total aggregate liability during any 12-month period is limited to the fees paid by the Customer for the Service during the 12 months immediately preceding the event giving rise to liability.

These limitations do not apply to wilful misconduct or gross negligence and do not exclude liability that cannot lawfully be limited.

Piklo is not liable for circumstances caused by the Customer, its users, its customers, internet failures, Customer equipment, third-party services or the Customer's failure to comply with legal and professional obligations.

The Customer shall indemnify Piklo against documented third-party claims arising from the Customer's unlawful use, services, data or infringement of third-party rights, except to the extent caused by Piklo.

15. Force majeure

Neither party is liable for failure caused by circumstances beyond its reasonable control, including widespread internet or cloud outages, cyberattacks, government action, war, epidemics, natural disasters, labour disputes or failures of critical subcontractors.

Payment obligations that have already fallen due are not excused.

16. Suspension

Piklo may suspend all or part of the Service where reasonably necessary to:

• prevent security risks or harm;
• stop unlawful use or abuse;
• comply with government requirements;
• protect Piklo, the Customer or third parties; or
• address material or continued non-payment.

Where practical and lawful, Piklo will provide notice and an opportunity to remedy the issue.

17. Changes to these Terms

Piklo may amend these Terms by giving at least 30 days' notice. Changes may take effect immediately where necessary to comply with law, prevent abuse or address a serious security risk.

If a change materially reduces the Customer's rights, the Customer may cancel before the change takes effect. Continued use after the effective date constitutes acceptance of the amended Terms.

18. Assignment

The Customer may not assign the Agreement without Piklo's written consent. Piklo may assign it as part of a restructuring, merger, business sale or transfer to an affiliated company, provided the Customer's material rights are not reduced.

19. Notices

Operational and legal notices may be sent to the email address associated with the Customer's account or displayed within the Service. The Customer must keep its contact details current.

Notices to Piklo must be sent to support@piklo.dk.

20. Governing law and jurisdiction

The Agreement is governed by Danish law, excluding conflict-of-law rules that would apply another country's law.

Disputes that cannot be resolved amicably shall be submitted to the District Court of Holbæk as the court of first instance, unless mandatory law provides otherwise.

If any provision is invalid, the remaining provisions remain effective. The invalid provision shall, to the extent possible, be replaced by a valid provision producing a similar legal and commercial result.

The Danish version prevails in case of inconsistency between language versions.