1.1. THE PARTIES TO THE AGREEMENT
This agreement describes the collaboration between the Parties:
Segmentering.com
(through the company Blue Digital ApS CVR: DK42563676)
hereinafter referred to as Us, We, or Our
and
Companies that order, use, or purchase services from Us
hereinafter referred to as the Customer.
1.2. PURPOSE OF THE AGREEMENT
The purpose of this collaboration is for Us to develop, maintain, or process one or more Services typically linked to artificial intelligence, data processing, or digital automation for the Customer’s use. This may include training or implementing AI models, setting up data pipelines, or performing data enrichment or segmentation tasks based on a mix of data provided by both Parties.
1.3. ADDENDUM TO THE AGREEMENT
An addendum to this agreement may be prepared to define additional or modified deliverables, including specific technical requirements, third-party integrations (e.g., CDP, CRM, or mail systems), training sessions, or web and cloud development tasks. All addendums must be agreed upon in writing by both Parties.
1.4. PRIOR TO THE AGREEMENT
Before entering into a collaboration, a non-binding introductory meeting will be held where both Parties are represented.
During the introductory meeting, the data basis, scope of services, technical feasibility, and expected delivery timeline will be reviewed and clarified.
The meeting may take place online, in person, or by phone.
2. CONTENT OF THE AGREEMENT
2.1. TYPES OF SERVICES
We offer three primary types of services: Development, Maintenance, and Data. The choice and scope of services are agreed upon individually with each Customer.
- Development — design, creation, and implementation of AI models, data pipelines, APIs, or other digital systems that support segmentation, automation, or analytics.
- Maintenance — continuous technical upkeep, updates, and performance optimization of systems and AI models delivered by Us.
- Data — analysis, processing, enrichment, or segmentation of Customer data using Our tools, data lakes, or AI models.
Each project may include one or several of these service categories, depending on the agreed scope and needs of the Customer.
2.2. SERVICE AGREEMENT
All projects are defined through a written service agreement or project brief specifying deliverables, timelines, and terms of delivery. Pricing and payment schedules are negotiated individually and confirmed in writing before work begins.
2.3. ADDITIONAL SERVICES
The following may be purchased as additional services:
- Consultancy work in the Customer’s own systems (e.g., integrations or implementation of models).
- Data science work to improve model accuracy or data quality.
- Manual segmentation or data processing.
- Customer data enrichment using Our proprietary datasets.
- Export or migration of AI models and related systems.
2.4. PAYMENT TERMS
Payment terms, billing frequency, and credit periods are agreed upon individually for each project. Unless otherwise specified, all invoices are due within 14 days of issue. Work begins only after written approval of the project scope and pricing.
3. CONDITIONS
3.1. PERFORMANCE AND DELIVERY
We undertake to deliver all agreed services professionally, following the agreed specifications and timelines. The Customer must provide the necessary data, access, and cooperation for the work to be completed successfully.
3.2. RESPONSIBILITY
It is the Customer’s responsibility to anonymize personal data before sharing it with Us and to ensure all data usage complies with GDPR and other applicable data protection laws.
We are responsible for keeping the Customer’s data and AI models securely separated from other clients through encrypted storage and access management.
4. START AND TERMINATION
4.1. START
The agreement or project begins on the start date specified in the written project confirmation or service agreement.
4.2. TERMINATION
Both Parties may terminate the agreement in writing. Termination terms, including notice period and compensation for ongoing work, will be defined in the specific service agreement. Upon termination, We will delete all Customer data and AI models within a reasonable timeframe unless otherwise agreed.
Deleted data cannot be recovered.
5. RIGHTS
5.1. CUSTOMER RIGHTS
5.1.1. Ownership
The Customer retains full ownership of their data and all AI models, systems, and deliverables developed specifically for them. Upon completion, the Customer may request deletion or transfer of their data and models at any time.
5.1.2. Additional Work
All additional work or changes not agreed upon in writing must be approved by the Customer before being initiated.
5.2. CONFIDENTIALITY
Both Parties agree to maintain confidentiality regarding all knowledge, information, and data exchanged throughout the collaboration. Confidential information shall not be disclosed to third parties without prior written consent, unless required by law.
6. LEGAL FRAMEWORK
This Agreement shall be governed by and construed in accordance with Danish law. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark.
7. LIABILITY
To the maximum extent permitted by law, We shall not be liable for any indirect, incidental, or consequential damages, loss of profits, or loss of data arising from the use of Our services. Our total liability for any claim shall not exceed the total amount paid by the Customer for the specific project giving rise to the claim.
8. DATA PROCESSING AND GDPR
When processing personal data on behalf of the Customer, We act as a Data Processor in accordance with Article 28 of the General Data Protection Regulation (GDPR). A separate Data Processing Agreement (DPA) will be entered into with each Customer before processing begins.
We ensure that all personal data is handled securely and deleted after project completion or termination, unless otherwise required by law or agreed in writing.
9. INTELLECTUAL PROPERTY RIGHTS
All data, models, and deliverables created for the Customer belong fully to the Customer. We do not retain ownership of or rights to any Customer data. Upon termination or at the Customer’s request, all related data and materials will be permanently deleted.
10. TRANSPARENCY AND COMPANY INFORMATION
In compliance with EU and Danish eCommerce regulations, the following information applies to this Agreement and all services provided under Segmentering.com:
Company: Blue Digital ApS
CVR: DK42563676
Address: Holmbladsvænge 2, 2300 Copenhagen, Denmark
Email: legal@segmentering.com
Website: segmentering.com
11. DISPUTE RESOLUTION AND ELECTRONIC COMMUNICATION
Both Parties agree to first attempt to resolve any dispute amicably through negotiation or mediation before initiating legal proceedings.
Electronic communication, including email confirmations, shall be considered valid and binding written consent for the purposes of this Agreement.
12. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, government restrictions, or power outages.
13. CHANGES TO THE AGREEMENT
Changes to these Terms may be made periodically. Any updates will be communicated to the Customer at least three months before taking effect. If the Customer does not wish to accept the changes, they may terminate the agreement in writing before the changes take effect.
Supplementary agreements related to specific services or projects can only be changed with effect from the end of the ongoing project period, unless both Parties agree otherwise in writing.