Last updated: 01/01/2024
These general terms and conditions, including the terms, policies, guidelines and instructions referred to herein, (“General Terms and Conditions”) constitute a legally binding agreement between Superb ApS, corporate registration number: 39478021, with its registered office at Rahbeks allé 21, 1801 Copenhagen, Denmark, or its affiliates (“Superb”, “we”, “our” or “us”) and you, the sole trader, company or other business entity having created an account with us (the “Merchant”, “you” or “your”), governing your access to and use of our services, including our mobile software applications (the “App”), hardware, our websites (the “Website”) and other products and services (together, the “Services”).
By accepting or otherwise agreeing to these General Terms and Conditions, you acknowledge that you have read, understood and accept to be bound by these General Terms and Conditions. You also agree to any additional terms and conditions specific to the services you use (“Additional Terms”), such as the Payment Terms and Conditions, which become part of your agreement with us. If you do not agree to these General Terms and Conditions (or if you do not have the right to bind the company or other business entity you are representing), you are not permitted to access or use the Services, and you should not accept these General Terms and Conditions.
Where applicable, you assume responsibility for ensuring that any of your employees or other representatives using the Services on your behalf, have read, understood and accept to be bound by these General Terms and Conditions and any Additional Terms. It is important that you understand the risks and liabilities associated with the use of the Services, and we therefore encourage you to read these General Terms and Conditions and any Additional Terms carefully before agreeing to them and before you start using the Services.
If you have any questions or concerns regarding the content of these General Terms and Conditions or any Additional Terms or would like to get a better understanding of how the Services work, please do not hesitate to contact us by telephoning our customer experience team by emailing us at support@superbexperience.com.
In order to get access to and use the Services, you must create an account with us (an “Superb Account”). The Services are only made available to sole traders, companies or other accepted entities that operate a business selling goods and services, and as such is not made available to persons for personal, family or household purposes. You may create only one Superb Account, unless we approve the creation of additional Superb Accounts.
You may choose to register as a sole trader or as a company or other business entity accepted by us. If you create a Superb Account as a sole trader, you warrant to us that you are not acting on behalf of, or for the benefit of, anyone else. If you create a Superb Account as a company or other business entity, you warrant to us that you are duly authorized to create an Superb Account in the name of that company or business entity.
If you create a Superb Account as a company or other business entity, the terms “Merchant”, “you” or “your” will mean you, the natural person, as well as such company or other business entity. You further warrant to us that: a) you are either a legal resident or citizen in your country or a company or other business entity duly authorized to conduct business in said country, b) you will use the Services solely for trade, business or professional purposes in such country, c) you will not directly or indirectly use the Services in or into any other country unless otherwise agreed with us, and d) you, as a natural person, are at least 18 years of age or, if you are under eighteen 18 years of age, you have obtained the consent of your parent or legal guardian to your acceptance of these General Terms and Conditions and use of the Services in the manner prescribed by us.
You will be required to provide an email address and set a password to access your Superb Account and the Services. You may also be required to provide certain personal information. You must provide accurate and complete information when creating your Superb Account. You must also make sure that all information that you provide is and remains accurate, complete and up-to-date. You must inform us of any changes and update the information in your Superb Account accordingly without undue delay.
You agree that we may contact and share information about you and your Superb Account with our acquirers, the card schemes as well as entrusted partner banks and financial institutions. This includes sharing information about you and your transactions for regulatory or compliance purposes, for use in connection with the management and maintenance of our Services, to create and update customer records about you and for conducting risk monitoring and management processes.
We reserve the right to suspend your access to and use of the Services and to terminate and close your Superb Account if you provide us with inaccurate, untrue, or incomplete information, or if you fail to comply with any account registration requirements.
You are responsible for ensuring that your email address, password and other personalized security features which you use to access your Superb Account and the Services ("Account Credentials") are kept safe and secure. This means that you must take all reasonable steps to keep your Account Credentials secret and not share them with anyone, other than appropriately authorized employees or other representatives within your business.
You must notify us immediately by contacting our customer experience team at support@superbexperience.com if you discover or have reason to believe that any of your Account Credentials have been lost or stolen or that someone else has used or attempted to use your Superb Account using your Account Credentials without your authorization.
Through your Superb Account settings, you may create sub-accounts and authorize your employees and other eligible representatives (each, an “Authorized User”) to use such sub- accounts to access your Superb Account and use the Services on your behalf for your business. You must register each Authorized User with us and create a username and password for each Authorized User to be able to access your Superb Account and use the Services. We reserve the right to limit the number of Authorized Users you may have. Your Authorized Users will have the ability to perform those limited actions that you select in your Superb Account settings.
It is your responsibility to ensure that your Authorized Users comply with these General Terms and Conditions and any Additional Terms when using your Superb Account and the Services. We reserve the right to deny any Authorized User access to your Superb Account and the Services at any time. You agree that you are at all times liable for the actions or omissions of your Authorized Users and that you will indemnify and hold us harmless from any actions or omissions of your Authorized Users in connection with their use or misuse of your Superb Account and the Services.
The Services will enable you to, among other things, account for cash and certain other accepted payment methods through the use of the App installed on your smartphone or other compatible mobile device as well as to collect, analyse and track information generated in connection with such transactions.
You agree that we may at any time update or modify the Services. We will always attempt to notify you of any such updates or modifications with reasonable notice in accordance with section 19. However, we reserve the right to implement such updates and modifications with immediate effect without prior notice to you where necessary to maintain the security of our systems or to comply with applicable laws, rules and regulations.
Your ability to use the Services is dependent on services provided to you by third parties (such as Internet, data traffic and network services) and may also be dependent on software applications provided to you by third parties (such as point of sale solutions). Such third parties may charge you fees for accessing and using such services and/or software applications to use the Services and you are solely responsible to pay such fees. We do not own, control or have any responsibility or liability for any third party services or software applications you select to use in connection with the Services. We do not accept or assume any responsibility or liability for the operation or security of any third party services or software applications, for your inability to use the Services as a result of any third party services or software applications or for your breach of the terms of your contract with any third party services or software applications as a result of using the Services or otherwise.
Although we will use all commercially reasonable efforts to provide the Services 24 hours a day, seven days a week, we do not warrant that the Services will be free from interruptions, delays or errors caused by our systems or other third party services providers, general Internet failures or force majeure. You must notify us without undue delay by contacting our customer experience team at support@superbexperience.com if you experience any interruptions, delays or errors in the Services, and provide all reasonably requested information and assistance in identifying and resolving such interruptions, delays or errors.
From time to time we will perform maintenance and upgrades of the Services, which may result in interruptions, delays or errors in the Services. Although we will do our best to notify you in advance of any planned maintenance in accordance with section 19, we cannot guarantee that such notification will always be provided.
We will provide you with regular customer services by email, web or telephone during normal business hours to help resolve any issues relating to your use of the Services, the App, the Website and your Superb Account.
You are solely responsible for providing service to your customers for any and all issues related to your products and services.
You can contact us at any time if you have any complaints pertaining to our Services by contacting us at support@superbexperience.com.
Your use of the Services requires that you have a compatible mobile device. While we do our best to keep an up-to-date list of compatible mobile devices on our Website, we do not warrant that the Services will be compatible with your mobile device. You may not use the Services together with a mobile device that has been modified contrary to the manufacturer’s software or hardware guidelines.
In order to use the Services, you must download and install the App. You may download the App from App Store. You must download and use the most recent version of the App that is available, including downloading and installing any updates that become available from time to time. The App may also be available in other formats, such as in software development kit format. It is also possible to use the Services from a web browser.
You must notify us immediately by contacting our customer experience team at support@superbexperience.com if you discover or have reason to believe that there has been an error or unauthorized or illegal use of your Superb Account and, where possible, change your Account Credentials to prevent any further errors and/or unauthorized or illegal use. You must provide us all information and documentation in your possession as to the circumstances of any such error and/or unauthorized or illegal use of your Superb Account and take all reasonable steps requested by us to assist in our investigation.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for the sale of your products and services and any payments you receive in connection with your use of our Services (“Taxes”). You are solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply or assume any liability in relation thereto, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
You may access information generated in connection with transactions accounted for through the use of the Services by logging into your Superb Account. You will also be able to access downloadable reports. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing copies.
Your privacy and the protection of your data is very important to us. You acknowledge that you have received and read in full the terms of our Privacy Policy incorporated into these General Terms and Conditions by reference, which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us.
We are responsible for protecting the security of personal information in our possession. We have implemented administrative, technical and organizational procedures to protect personal information that is stored in our servers from unauthorized access and accidental loss, modification or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such information for improper purposes. You can always find our privacy policy on our website www.superbexperience.com.
You confirm and agree that you will protect and, save where required by law, not disclose, register or otherwise process any information that you may receive about your customers or other third parties while using the Services. You must notify us by contacting our customer experience team at support@superbexperience.com without undue delay if you become aware of or suspect any unauthorized access to or disclosure of such information. You may not disclose or distribute any information about your customers or other third parties or use such information for marketing or other purposes unless you receive the express consent of such customer or third party. You are solely responsible for compliance with any applicable privacy laws and regulations of your specific jurisdiction.
In connection with your Superb Account, any business listing, and your use of the Services, you may be able to upload or provide photos, logos, products and other materials or information (“Content”). You agree that you will not upload or provide any Content unless you have created that Content yourself or you have permission from the content owner to do so. You grant us, our affiliates and our successors a worldwide, non-exclusive, royalty- free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform and publicly display your Content in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights granted to us in these General Terms and Conditions. You may modify or remove your Content via your Superb Account or by terminating your Superb Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You agree not to upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, threatening, harassing, hateful or abusive, b) encourages conduct that would be considered a criminal offense or gives rise to civil liability, c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property, d) contains corrupted data or any other harmful, disruptive or destructive files, or e) in our sole judgment, is objectionable or which may expose us, our affiliates or customers to harm or liability of any nature. Superb may use your images, logos and other data to promote your brand on social media and search engines.
In addition to any other warranties set out in these General Terms and Conditions and any Additional Terms, you warrant to us that: a) you are eligible to register and use the Services and have the right, power and ability to enter into and perform these General Terms and Conditions, b) the name identified by you when you registered is your name or business name under which you sell products and/or services, c) you and your use of the Services will comply with all laws, rules and regulations applicable to your business, including any applicable tax laws and regulations, and d) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Services.
You are responsible for all liabilities incurred by a third party or us caused by your access to and use of the Services and/or arising from any breach by you of any provision of these General Terms and Conditions and any Additional Terms. You agree to reimburse such third parties or us for any and all such liability.
Notwithstanding the above or any other provision of these General Terms and Conditions or any Additional Terms, you agree to defend, indemnify, and hold us and our respective directors, agents, affiliates and representatives harmless from and against any claim, cost, suit, demand, loss, liability, damage, action, proceeding, judgement, penalty, interest and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to: a) any actual or alleged breach by you of any provision of these General Terms and Conditions or any Additional Terms, b) your wrongful or improper use of the Services, c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, d) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions, and e) your violation of any applicable law, rule or regulation of your specific jurisdiction.
We provide the Services to you on an “as is” and “as available” basis without any warranty or condition, express or implied, except as specifically stated in these General Terms and Conditions. We do not warrant continuous, uninterrupted or secure access to any part of the Services, and we will not be liable for any disruption or impairment of the Services under these General Terms and Conditions.
Without limiting the foregoing, we do not warrant that the Services are accurate, reliable or correct, that the Services will meet your requirements, that the Services will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that the Services are free from viruses or other harmful components. Any content or data downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
In no event will we be liable for any of the following types of loss or damage arising under or in relation to these General Terms and Conditions, any Additional Terms or otherwise:
a) indirect or consequential loss or damage (including loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages), b) loss or corruption of data, c) loss or damage whatsoever which does not stem directly from our breach of these General Terms and Conditions or any Additional Terms,
d) loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these General Terms and Conditions or any Additional Terms (whether or not you are able to prove such loss or damage), or e) loss or damage incurred by you as a result of any acts or omissions by you or any third parties or our obligation to comply with applicable law, any act or omission of any governmental authority, act of war, accident, natural disaster, strike, blockade, or other similar event, regardless of if we are an instigator or subject of such event.
Nothing in these General Terms and Conditions or any Additional Terms will limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from our negligence or to the extent such limitation or exclusion is not permitted by applicable law.
Our total liability to you under or in connection with these General Terms and Conditions and any Additional Terms in respect of any and all claims will not exceed in the aggregate the amount of the fees paid by you to us for the Services during the three-month period immediately preceding the event giving rise to the claim for liability, or if you have not used the Services for three (3) months, your average monthly fee multiplied by three (3).
You agree that we can provide written notices and information to you electronically by posting it on our Website, or by emailing it to your specified email address associated with your Superb Account. Such notices and information will be deemed received by you within 24 hours as of posted on our Website or within 24 hours as of emailed to you, unless we receive notice that the email was not delivered. For this purpose, you will at all times maintain at least one valid email address associated with your Superb Account. We will not be responsible for undelivered emails if the sole email address specified by you is not valid or if you have changed your email address but have not notified us of such change.
You are required to check for incoming notices and information regularly and frequently. Emails may contain links to further communication on our Website. Where any laws or regulations require us to provide information to you on a durable medium, we will either send you an email or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format.
Apart from notices to you via email, we reserve the right to contact you via letter or telephone, when appropriate. Any notices or information sent by post will be deemed received by you five days after posting.
You hereby instruct Superb to notify you of any incidents Superb is legally obliged to inform its customers about to the e-mail address that you have connected to your Superb account.
We will set your preferred language based on the country you choose during the registration process and we will send you standard notices and information in your chosen language. For non-standard communication, we reserve the right to communicate with you in the English language. Superb can anytime change any terms and conditions for the use of its platform or from third-party partners/platforms/software used by Superb.
We grant you a personal, limited, revocable, non-exclusive, non-transferable, non- sublicensable license to electronically access and use the Services solely to manage your Superb Account and utilize such other services as we may make available through the App from time to time in accordance with these General Terms and Conditions and any Additional Terms. The Services include our websites, our mobile applications, software, programs, documentation, tools, internet-based services, components and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when we make these updates available.
While we want you to enjoy the Services, you may not, nor may you permit any third party to, do any of the following: a) access or monitor any material or information on any Superb system using any manual process or robot, spider, scraper or other automated means unless you have separately executed a written agreement with us that expressly grants you an exception to this prohibition, b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute the Services or any material or information that you receive, or is granted access to, from us, c) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement, d) transfer any rights granted to you under these General Terms and Conditions or any Additional Terms, e) violate the restrictions on the Services, work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, f) perform or attempt to perform any actions that would interfere with the proper functionality of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonably or disproportionately large load on our infrastructure, or g) otherwise use the Services except as expressly allowed under these General Terms and Conditions and any Additional Terms.
The Services are licensed and not sold. We reserve all rights not expressly granted to you in these General Terms and Conditions and any Additional Terms. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. As between you and us, we own the title, copyright and other worldwide intellectual property rights in the Services and all copies of the Services. Neither these General Terms and Conditions nor any Additional Terms grants you any rights to our trademarks or service marks. All data processed is owned by the owner of the software, the Company. Superb ApS (data responsible).
You may choose to, or we may invite you to submit comments or feedback relating to the Services, including without limitation about how to improve the Services or our other products or services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Any hardware that has been supplied to the customer, free of charge, continues to be owned by Superb. Hardware products owned by Superb must be returned within 14 days of expiration of the contract between both parties. The customer is obliged to cover any loss on hardware if broken upon return. If failing to return the hardware products within the given time period, the customer is obliged to pay the original value of the hardware.
The customer owns the hardware if paid for by the customer. However, this does not include payment terminals. If the hardware has not been returned within 14 days, Superb reserves the right to deduct the full amount from the payment method associated with your subscription.
Hardware will be shipped upon receipt of payment. Superb will request payment via the method chosen added after signature. Hardware shipped to countries outside of the EU are subject to local VAT and import fees which have to be paid by the customer, Superb is not responsible for any payments related to customs or VAT being made.
Superb will not cover new hardware if broken by the customer.
Our Website may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement or recommendation by us. You agree that you access any such website at your own risk, and that such site is not governed by the terms and conditions contained in these General Terms and Conditions or any Additional Terms. We expressly disclaim any liability for these websites. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
These General Terms and Conditions and any Additional Terms are effective upon the date you agree to them and will remain in force until terminated by you or by us.
We may terminate these General Terms and Conditions and any Additional Terms or suspend or close your Superb Account at any time upon prior notice to you in accordance with section 19.
We may also terminate these General Terms and Conditions and any Additional Terms or suspend or close your Superb Account without prior notice to you if: a) you breach or otherwise do not comply with any provision of these General Terms and Conditions or any Additional Terms, b) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity, c) you pose an unacceptable credit or fraud risk to us, or d) you are declared insolvent, become subject to debt relief proceedings, enter into composition proceedings or similar debt relief arrangements, are declared bankrupt or enter into restructuring proceedings.
If your Superb Account is suspended or closed or these General Terms and Conditions or Additional Terms are terminated (either by you or us) you agree: a) to continue to be bound by these General Terms and Conditions and any Additional Terms until any outstanding liabilities and obligations between you and us have been finally settled, b) to immediately cease your use of the Services, c) that the license granted under these General Terms and Conditions and any Additional Terms will terminate, d) that we may delete all of your information and account data stored on our servers, unless we are required to retain such information under applicable law, and e) that we will not be liable to you for compensation, reimbursement or damages in connection with the deletion of your information or account data.
We will not be liable to you for compensation, reimbursement or damages in connection with any termination of these General Terms and Conditions, any Additional Terms or closing or suspension of your Superb Account. Any termination of these General Terms and Conditions, any Additional Terms or closure or suspension of your Superb Account does not relieve you of your obligations under these General Terms and Conditions or any Additional Terms.
We have the right to amend, delete or add to these General Terms and Conditions and any Additional Terms and change, delete, discontinue or impose conditions on any feature or aspect of the Services at any time. A change can be made unilaterally by us. We will give you 30 days' notice of any change, however always at least in accordance with mandatory law, in accordance with section 19 with the change taking effect once the 30 day notice period has passed, except that the 30 day notice period will not apply where a change is required by the Card Scheme Rules or applicable law or relates to the addition of a new service, extra functionality to the existing Services or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. Under such circumstances, the change will be made without prior notice to you and will be effective immediately.
If you do not accept any change, you must close your Superb Account. If you do not object to a change by closing your Superb Account within the current quarter + next quarter’ notice period, you will be deemed to have accepted it. While you may close your Superb Account at any time and without charge, note that you may still be liable to us after you terminate these General Terms and Conditions or any Additional Terms for any liabilities you may have incurred and are responsible for prior to terminating these General Terms and Conditions or any Additional Terms.
These General Terms and Conditions and any Additional Terms, and any rights and licenses granted thereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without your consent or other restrictions.
These General Terms and Conditions and any Additional Terms, and any dispute or claim arising out of or in connection with their subject matter (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Denmark, with the exclusion of its conflict of law rules.
Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions or any Additional Terms, or the breach, termination or invalidity thereof, will be submitted to the exclusive jurisdiction of the competent courts of Copenhagen, Denmark. Notwithstanding the foregoing, Superb may initiate proceedings against you in any court and in any number of jurisdictions.
These General Terms and Conditions and any applicable Additional Terms constitute the entire agreement between you and us with respect to the provision of the Services. In the event of a conflict between these General Terms and Conditions, any Additional Terms and any other agreement or policy, these General Terms and Conditions will prevail on the subject matter of these General Terms and Conditions and any applicable Additional Terms will prevail on the subject matter of such applicable Additional Terms unless otherwise set out in these General Terms and Conditions or Additional Terms, respectively.
Except as expressly provided herein, these General Terms and Conditions and any applicable Additional Terms describe our entire liability to you and sets forth your exclusive remedies with respect to your access and use of the Services. If any provision of these General Terms and Conditions or any applicable Additional Terms (or portion thereof) is held to be invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The rights conferred upon us in these General Terms and Conditions and any applicable Additional Terms are not intended to be exclusive of each other or of any other rights and remedies we may have at law or in equity.
No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strike, riots, war, terrorist attack, non-performance of vendors or suppliers or other causes over which the respective party has no reasonable control, except that this will not affect or excuse your liabilities and obligations under section 16.
Notwithstanding the foregoing, a party shall not be liable under these General Terms and Conditions or any applicable Additional Terms (or portion thereof) in cases of abnormal and unforeseeable circumstances beyond the control of such party to the extent the consequences of such circumstances would have been unavoidable, or where Superb is bound by other legal obligations covered by EU or national law.
Any provision that is reasonably necessary to accomplish or enforce the purpose of these General Terms and Conditions and any applicable Additional Terms will survive and remain in effect in accordance with its respective terms upon the termination of these General Terms and Conditions and any applicable Additional Terms.
Through your Superb Account settings, you may give, remove and manage authorizations for certain third party service providers (”Partners”) to take certain actions on your behalf by connecting to your Superb Account, such as to access and retrieve your Superb Account data. By authorizing a third party software application (a “Partner App”) to connect to your Superb Account you are authorizing and instructing Superb to permit the Partner App to take such actions as are permitted by your authorizations. A Partner App, once authorized, will continue to have access to your Superb Account and be authorized to take such actions as are permitted by your authorizations until you actively withdraw your authorization by changing the settings in your Superb Account. You acknowledge that the access to your Superb Account data by a Partner and the use of any service of a Partner is governed solely by the terms and conditions and policies of such Partner. You are solely responsible for your access to and use of Partner Apps and you are therefore advised to carefully read any terms and conditions and policies concerning your access to and use of Partner Apps. You acknowledge and agree that you will not hold Superb responsible for, and will indemnify Superb from, any liability arising from the actions or inactions of any Partners in connection with any authorizations you give.
Superb (or other companies within the Superb group) may offer additional services to you subject to you agreeing to the Additional Terms applicable to such additional services. Where you and Superb (or another company within the Superb group) agree on the provision of additional services, the Additional Terms governing such services will apply between Superb (or such other company within the Superb group) and you in respect of such services in addition to these General Terms and Conditions and such additional services will be deemed included in the definition of “Services” in these General Terms and Conditions.
Superb (or another company within the Superb group) may offer one or more of the Services as a subscription (“Subscription”). By signing up for a Subscription, you agree that these General Terms and Conditions will govern your access to, and use of the Services included in, the Subscription, in addition to any Additional Terms. A Subscription will automatically renew each month until you terminate it in accordance with these General Terms and Conditions or any Additional Terms.
By signing up for an additional service or a Subscription you agree to pay either (i) us (on our own behalf being the provider of the additional service or Subscription, or on behalf of such other company within the Superb group providing the additional service or Subscription), or (ii) such other company within the Superb group providing the additional services or the Subscription, the fees and any applicable taxes are as per our standard pricing agreement. Additional fees may be paid by debit card, credit card, invoice or deducted from your transaction proceeds, as applicable. If you connect a debit or credit card to your Superb Account, you authorize us (or the applicable company within the Superb group) to collect additional fees by charging your connected debit or credit card.
Monthly recurring fees are payable in advance. Unless otherwise provided in these General Terms and Conditions or any Additional terms, you will not be entitled to refunds of any fees already paid. In the event you terminate these General Terms and Conditions and/or Additional Terms in accordance with section 23, you will be entitled to use your Subscription until the next monthly fee is due to be paid.
In the event you have registered for our service that includes Plus and Pro you have access to phone support. The phone support runs via CET time and is subject to change of time schedule at any time.
For customers using Superb’s Plus and Pro offering''s the pricing is only valid in case card terminals supplied by Superb are used. In case these are not used, this will be against our contract as it requires you to run your business revenue online and in-store through Superb applications and card terminal. If the monthly average revenue drops below the expected Expected Monthly Volume we reserve the right to deduct from your card or bill you the revenue difference on a monthly or yearly basis upon our evaluation.
Furthermore, Superb reserves the right to increase the price of the monthly subscription by 5% once per year. The first price increase will take effect 12 months after the subscription start date and continue to take effect every 12 months thereafter.
Without limiting the generality of the foregoing, you are responsible for ensuring that personal data that you provide to us and/or submit to processing as part of our provision of the Services – including (but not limited to) by transfer of such personal data to the GXM platform, the Website or the App – has been collected and processed lawfully and can also lawfully be processed by us. For the avoidance of doubt, failure to comply with these provisions constitutes a breach of these General Terms and Conditions (see section 16 – Your Liability and Indemnification).
These terms and conditions (Terms and Conditions) govern any Customer, user (Customer), application and use of Superb software with modifications (hereafter collectively referred to as: the Software).
The Customer and Superb ApS (Supplier) shall be referred to collectively as the Parties.
The subscription conditions are accepted by checking “signing this contract” when subscribing to Superb. The subscription terms and conditions apply between the Supplier and the Customer.
The Supplier has the right to change the subscription terms and conditions with notice to the Customer by the email granted in the user account. The applicable subscription terms and conditions shall be accepted by the Customer before an agreement can be concluded between Supplier and Customer. The Customer must always remain abreast of the applicable subscription terms and conditions.
To receive the Software, the Customer is required to create and activate a subscription account (Account). In connection with the Account, the Customer is obliged to register a payment card, from which the prepaid license fee is paid monthly. All prices are in the specified currency specified when enrolling to the agreement, excluding VAT. VAT is not invoiced to customers outside Denmark and must be handled in accordance with local tax regulations. By purchasing a subscription and entering card details, the Customer agrees that the Supplier may withdraw the agreed amount periodically in accordance with the selected subscription. When the Customer purchases a subscription, it will be automatically renewed until the Customer cancels the subscription in writing.
When purchasing a subscription from the Supplier, the Customer must submit accurate information regarding identity and validity and ensure that information regarding the Customer is truthful. Upon completion of payment, the Customer shall guarantee that the Customer’s identity is the same as the identity the Customer specifies. If there is any possibility of a Chargeback (i.e. a Customer pays with a credit card and subsequently denies the payment) from the Supplier’s third party, the Customer shall immediately pay the amount that the third-party demands, regardless of reason. The Customer assures that its identity is correct and true, and that the Customer does not abuse debit/credit cards. In the event of fraud/abuse, it is the Customer’s responsibility and duty to reimburse the Supplier the amount that has been implemented, such that the supplier is unaffected.
The use of the Supplier’s software affords only one user right. Any ordering of products and services from the Supplier shall be achieved with the Customer’s consent, expressed on request. The subscription requires the setting up of the number of users the individual subscription prescribes; but only one legal entity may use it.
The Customer is only entitled to disclose account information to a user registered on the Account (Representative).
The Customer guarantees that the Customer’s card information is correct and up to date. Any change in the account information or suspicions of abuse, breach of Customer’s card security, etc. the Customer shall without delay notify the Supplier.
The Customer shall solely bear the risk of maintaining the Account’s confidentiality and security for any activity in or through the Account; i.e. setup, settings and use of the Software and the Account.
The Customer guarantees that the Customer has the right to upload, transmit and store the information (e.g. in the form of text, images, audio-visual material et al) that it uploads, transmits or stores via the Software.
The Customer is not entitled to use the software to transmit unsolicited communications or to upload, transmit, deliver, run or save malicious code, malware or illegal content.
The Customer, or others for whom the Customer is responsible, undertake not to
(i) modify, reproduce, develop or compile, reverse engineer or otherwise deduce the source code of the Software;
(ii) remove, alter, conceal or obscure any notice of copyright, trademarks or other proprietary rights belonging to Superb; or
(Iii) create or attempt to create confusing software with the Software.
The Customer is entitled to create user accounts linked to the Customer’s Account, for use by the Customer’s Representatives in accordance with the prevailing delivery agreement with the agreed number of linked accounts.
The Customer solely bears the risk for the Representative’s use of a specified user account and that the Representative uses the account in accordance with these Terms and Conditions. The Customer solely bears the risk, and is responsible for, who has access to the account. The Customer, therefore, bears all of the risk and is solely responsible for all activity in the Customer’s Account and the associated user accounts.
The Supplier is not liable for any losses arising as a result of
(i) the Customer’s use of an Account or user account;
(Ii) any activity from any user account linked to the Customer’s Account; or
(iii) the Customer’s account management of the Account and associated Sub-accounts. Third-party software and the Software
The Supplier delivers software that requires integration with other software and / or hardware.
The Customer must have at least: (1) at least one iPad, (2) a wireless network that is available where Superb devices, e.g. terminals, printers and other hardware, shall be used (printer and cash drawer require a LAN connection) (3) an active Customer Account. Superb software is only compatible with terminals delivered from Superb.
The Customer is required to comply with the software or hardware guidelines for Superb and third parties. Any violation of these Terms and Conditions will entitle The Supplier to terminate the Customer’s account.
The Software is compatible with the payment systems and hardware-equipment shown and sold in Superb’s webstores (individual per market or country).
Superb transfers encrypted data between the Customer and the Customer’s payment system, including the Customer’s payment system’s network and bank. The Customer therefore accepts that the use of the Software may be subject to terms and conditions in addition to these Terms and Conditions determined by a third party.
The Supplier is not responsible for any crashes, incompatibility or damage of any kind caused by third party systems and services, including, but not limited to, operational disruptions for the Customer’s mobile devices, mobile operator or payment system.
Superb reserves the right to change the pricing fees, without justification and with 90 days’ notice. Any changes will be notified to the Customer via the email address the Customer submitted during account registration. If the Customer does not accept the change, the Customer must close its account, including all of its Sub-Accounts and discontinue its use of the Software within 90 days.
Continued use of the software beyond the 90-day notice shall be deemed acceptance of the announced change in pricing fees. Please note that the contract is legally binding and you accept to pay for the full contract period agreed.
For transparency's sake here is an explanation of how transaction fees work with Superb:
Your contract period means the period where you are locked into the contract and represents your total invoicing period. After this your termination period is 90 days. You can always write support@superbexperience.com if you wish to terminate the agreement.
The Supplier may, without notice and without liability, terminate and thus discontinuing the Customer’s access to the Software and the Customer’s account, including any associated Sub-accounts):
Delete the Customer’s Account and associated Sub-accounts and discontinue the Customer’s access to the Software and any information, features and other data associated with the Account, delete the Customer’s password and retain all related information, files and content associated with or within the Customer’s account and associated Sub-accounts (or parts thereof), and actively prevent the Customer’s access to the Software in the future, either through an alternative account or otherwise.
The Supplier is not liable to the Customer or any third party for results of termination pursuant to terms in this contract, including information within or associated with the Customer’s Account or Sub-accounts, or for any loss or damage of any kind as a result thereof. The Customer is obliged to indemnify the Supplier for any claims made by third parties in connection with the termination.
Upon termination of an Account, regardless of whether the Customer or the Supplier terminates the account, the associated user accounts will also be terminated.
Superb only provides sales tax calculation based on VAT.
Superb cannot be held responsible, either by the Customer or a third party, e.g. the tax authorities, for the Customer’s outstanding taxes or fees, or for any loss attributable to the use of these calculations. The Customer is solely responsible for reporting the correct VAT, tax and other government fees.
All communication from Supplier to Customer will be electronic, including email. The Supplier can send any information and messages to the email address the Customer has provided for its Account.
The Supplier can provide the Customer the opportunity to participate in the beta testing of new features that have not yet been thoroughly quality assurance tested. If the Customer accepts an offer from the Supplier to participate in such a beta-test, the Customer may not hold the Supplier liable for any loss or damage the Customer may incur as a result of such participation, including, but not exclusively, damage to computers, mobile phones, tablets or other devices, or data within or associated with the Customer’s account.
Written support is available on email, address is given on the support page for each operating country. Support can always be reached via support@superbexperience.com.
For specific remuneration, the Supplier offers technical support for the Software, including installation, modifications, training, phone support, etc.
The Supplier does not guarantee response times; but aims to answer inquiries within 24 hours.
Unless the Customer has signed a custom-designed agreement for the Software, the Supplier is not responsible for any errors or deficiencies in the technical support, or for any loss or damage of any description the Customer may incur as a result.
In order to protect the Customer’s personal information, the Supplier will only use the information from the Customer’s use of the Software, as specified below.
The Customer agrees that the Supplier may collect and analyse information on the Customer’s interaction with, and use of, the Software, including, but not exclusively, statistics from the Customer’s use of the Software, which operating system is used to use the Software, interaction with other hardware and software and data from the Customer’s network. The Supplier is the data owner (data responsible) and the Customer is the data- user.
The Customer may use the Software to process information regarding the Customer’s transactions. The Customer is solely, and independently of the Software, responsible for the legality of collecting and using identifiable information about the Customer’s customers, which the Customer collects through the use, and to provide communications and gather the necessary permits from the customers to use the customers’ information for e.g. sharing identifiable information with third parties or to use the information for marketing purposes.
When the Customer creates an account, the Customer simultaneously uploads various requisite business information that is needed to use the Software (hereinafter: Account Content).
The Customer guarantees that the Customer does not, either through its Account or Sub- accounts, upload or allow to be uploaded content to the Software, unless the Customer has a license right, via its Account or Sub-account, to transfer, distribute, and/or disseminate the uploaded material.
The Customer grants the Supplier an unrestricted, non-exclusive, royalty-free, fully-paid, transferable right to use, reproduce, modify, adapt, publish, prepare derivative work of, distribute, publicly perform and publicly display any Account Content and Transaction Data (excluding transaction data that can identify the Customer) worldwide on/in all media to provide and promote the Software and the Supplier’s business.
The Supplier owns all intellectual property rights to the cumulative transverse data from the Customer’s use. This means that the Supplier is entitled to use this general data collection for its own purposes and may share such information with third parties in unidentifiable form without the prior consent of the Customer.
The Supplier reserves all rights not expressly granted to the Customer.
The Supplier retains all intellectual property rights to the Software including any modifications, e.g. copyright and trademark rights, and any intellectual property rights established during the agreement period.
The Customer only has a non-exclusive right to use the Software on the specified hardware for the agreed number of users. The Customer is not entitled to full or partial modification, reconstruction, reverse engineering copying, distribution, transmission, republication, display or performance of the Software or other services sold by Superb.
By using the Software, the Customer irrevocably consents to the Supplier displaying the Customer’s name on a list of Customers on its website or otherwise.
Any ideas, suggestions, feedback, art or other information or work (Feedback) the Customer develops during its use of the Software continues to be the Supplier’s intellectual property.
The Supplier is not obliged to review Feedback; but is free to use, publish and/or redistribute Feedback in whole or in part and in any form for commercial benefit to improve the Software or for another purpose and will provide no compensation of any kind (e.g. royalties) for such Feedback.
The Supplier’s website may contain hyperlinks to websites or websites operated by parties other than the Supplier (hereinafter: Third Party Websites).
The Software may contain links to Third Party Websites as a service to the Customer and does not, therefore, imply that the Supplier has approved the content.
The use of third-Party websites via a hyperlink is at the Customer’s own risk as the content is outside the Supplier’s control. The Supplier is not liable for any loss or damage due to the use of hyperlinks.
Any use of the Software is at the Customer’s own risk, as is and without guaranties.
The Supplier thus disclaims any liability for defects, including, but not limited to, the suitability, functionality or adequacy of the Software for a particular purpose.
The Supplier is not liable for any faults in the Software for the Customer’s use, or for any loss the Customer may incur in connection with the use of the Software, including, but not limited to, damage to the Customer’s other hardware, data loss etc.
The Supplier is not responsible for any direct or indirect loss or consequential damage associated with the use of the Software, delays or inability to use the Software, including operational loss, any claim by a third party, etc.
The Supplier is only liable for product liability pursuant to the mandatory provisions in the Product Liability Act. Any liability for product damage on any other basis is hereby explicitly excluded. Any use is at the Customer’s own risk.
The Supplier assumes no liability for any damage to the Customer’s hardware or other property, regardless of whether it is caused by a virus or similar due to the Customer’s access to, or use of, the Supplier’s website.
The Customer is obliged to indemnify the Supplier from any claim arising from a third party as a result of the Customer’s use of the Software, violation of these Terms and Conditions or infringement of third-party rights.
The Supplier cannot be held responsible for any delays or defects, including any disruptions or outages/failures in the Software, as a result of circumstances outside the Supplier’s control, including, but not limited to, industrial disputes, terrorism, hacking, IT and other breakdowns, defects or delays in deliveries from suppliers and similar circumstances and consequences the Supplier is unable to prevent.
Unless otherwise agreed in writing, these Terms and Conditions constitute a comprehensive basis for the agreement between the Customer and the Supplier.
The Supplier is entitled to assign its rights according to these Terms and Conditions to a third party, either by direct allocation or sale.
The Customer is not entitled to assign its rights or obligations to a third party, unless otherwise agreed in writing.
Any dispute between the parties shall be governed by Danish law.
If a dispute is not resolved through negotiations or mediation, the dispute shall be resolved with final effect before the Danish courts of law.
The venue shall be the court of domicile of the Supplier.
