EULA: Corpay One

1. INTRODUCTION

1. Thank you for downloading and setting up your account in the Corpay One application (hereinafter referred to as the App) provided by Corpay One ApS (hereinafter referred to as Corpay One, we, us/our).

2. The terms of use stated or referred to below (hereinafter referred to as the Terms) apply to the services offered through Corpay One, now and in the future, for use in Denmark (hereinafter referred to as the Services). Before using the App, you should read these Terms carefully. These Terms contain important information about the steps you must take to secure your account, restrictions on the use of the App, how we or you may terminate the Services, and the limits on our liability to you. If you do not agree to these Terms, you may not use or continue to use the App.

3. If you have any questions about these Terms or the App, or wish to notify us of a complaint or suggestion, please contact Corpay One by email at support@corpayone.com.

4. Corpay One offers users a SaaS platform that helps businesses with steamlining their expense management, payment of invoices and expense reimbursement receipts. Consumers are not allowed to use Corpay One and the Services, and all legal persons and/or entities using the App shall be deemed as acting as or on behalf of an enterprise for the interpretation of the Terms. When accepting the Terms, you also confirm that you are legally entitled to bind the legal person and/or entities on which you are acting and installing the App for use on the behalf of.  

5. We intend to expand the Services we offer you within the App. We will notify you of new features within the App as they become available and provide you with information on how to use them.

6. As described below, the Terms include our Privacy Statement, the Terms of Service – Denmark of Corpay One (hereinafter referred to as the Terms of Service) and any third parties referred to herein, and future amendments to the Terms (see clause 11 below).

2. CORPAY ONE ACCOUNT

7. To create a Corpay One account (hereinafter referred to as Account) you must:

(a) subscribe or register to use the Services through the App by providing your e-mail address, mobile phone number and proof of identification so that these can be verified by Corpay One and 

(b) agree to the Terms of Service and Privacy Policy.

2. All information you provide when creating an Account and using Corpay One must be accurate, current and not misleading. 

3. Use of the App is free, but please note that the normal rates of your mobile network provider apply. The App contains services and functionalities that are only available for certain Accounts. 

3. SECURING YOUR CORPAY ONE ACCOUNT

4. When setting up your Account, we ask you to enter email address, mobile phone number and proof of identification. You must provide accurate and complete information in response to these questions.

5. You shall ensure that you:

(a) are the only person using your Account - do not authorize anyone to use your Account;

(b) only sign into Corpay One on one device at a time;

(c) protect your password and passcode - for example, don't tell anyone your password or passcode, don't write down your password or passcode, and don't store your passwords digitally on your mobile device; 

(d) update your Account Information if your information changes - for example, it is essential that if your email address changes, you update it to continue using your Account; 

(e) are 18 years old or above; and

(f) are legally entitled to accept the Terms. 

6. Corpay One has no obligation to verify that any instruction or confirmation given through your Account originated from you and Corpay One will only be liable for loss or damage arising from your failure to protect your device, password and passcode in the circumstances set out in clause 3.5 below.

7. You must immediately notify Corpay One and request the deletion or temporary suspension of your Account (hereinafter referred to as a Deletion Request), if the security of your Account is compromised as a result of:

(a) theft or loss of your mobile device;

(b) (suspected) disclosure of your password and/or passcode to another person; and/or

(c) unauthorized access to your Account.

You must confirm this notification to Corpay One by email at support@corpayone.com as soon as possible. 

8. You are not liable for unauthorized transactions made from the second business day after Corpay One receives a Deletion Request. Corpay One shall not be liable for any transactions made with the App prior to the second business day following receipt of a Deletion Request by Corpay One.

9. Corpay One may at any time adopt and implement security measures it deems appropriate for the App and may at any time in its sole discretion modify and add security measures to the App.

10.The security of your Account is important to Corpay One. However, Corpay One cannot guarantee that the App will always be available, fault-free and secure or that it will be free of viruses or other harmful programs. You agree to be aware of and accept this risk, including, but not limited to, the risk of a third party gaining access to your Account which contains personal and confidential information.

4. ACCEPTABLE USE

11.You may:

(a) access any part of the App; and

(b) print one copy of any or all of the pages for your personal, non-commercial use and as support for your records.

12.You may not:

(a) Copy (whether by printing on paper, storing on disk, downloading or otherwise copying), distribute (including distributing copies thereof), transmit, modify, falsify or misuse or otherwise make use of any material in the App. These restrictions apply to both all and any part of the material in the App;

(b) remove any copyright, trademark or other intellectual property notice contained in either the App's original materials or any materials copied or printed from the App;

(c) link to the App; 

(d) use the App (or any part of it) in any unlawful manner, use it for any unlawful purpose or use it in any other manner that is inconsistent with these Terms of Use. Nor may you act fraudulently or maliciously, for example by hacking into the App or inserting distorting code, including viruses, or harmful data into the App or its operating system;

(e) use the App in a manner that could damage, disable, overburden, impair, jeopardize, or render insecure Corpay One’s systems or the security thereof or the systems of other users or in a manner that could adversely affect the use for any other user;

(f) collect information or data from the App or Corpay One systems. Nor may you (attempt to) decrypt transmissions to or from the servers running the App;

(g) modify or remove any proprietary notices, from any downloaded or printed materials from the App;

(h) circumvent or modify any security technology or software of the App;

(i) use the App or any of its functionalities for commercial purposes, without Corpay One’s prior express written consent.

5. PERSONAL DATA

1. Personal data and other information related to you that Corpay One obtains from you through the App will only be used in accordance with our Privacy Statement. Please read the Privacy Statement, which is incorporated by this reference into these Terms, carefully before proceeding.

6. INTELLECTUAL PROPERTY

2. Corpay One owns or has obtained a valid license to use all copyrights, trademarks and other intellectual property rights related to the App. All ownership rights over and in relation to the App (other than the right to use the App in accordance with these Terms) shall belong exclusively to Corpay One and/or its licensors (as the case may be).

3. Any use of the App in a manner not permitted by these Terms, including but not limited to resale, transfer, modification or distribution of all or part of the App, is prohibited.

4. Corpay One is under no obligation to provide documentation, support, telephone assistance or improvements or updates for the App.

7. THIRD PARTY TERMS AND CONDITIONS

5. Corpay One may use third party applications, services and software in the App, including but not limited to location and mapping services software, and market analysis, market research and rewards programs software, all of which may collect and report information about you in connection with your use of the App (such as location information, device data and user content).

6. When you use the App, you consent to Corpay One’s use of such third party software and services. You also agree to all applicable terms of use, licenses and privacy policies relating to such third party software and services. It is your responsibility to ensure that you comply with any third party terms, including any third party privacy policies of which you have been made aware in our Privacy Statement, and that you are aware of any third party privacy policies that may apply to you along with these Terms. 

8. DELETION OF YOUR ACCOUNT

7. Corpay One reserves the right to suspend or immediately terminate the App, any of the Services, the functionality of the App or your specific account at any time, with or without cause or notice. If Corpay One terminates or suspends your access to the App, any attempt you make to sign in to the App will fail unless or until Corpay One lifts any suspension of your Account.

8. If Corpay One suspends or terminates your Account and/or access to the App as a result of your breach of these Terms, you are not permitted to create a new account to circumvent the suspension or termination.

9. All provisions in the Terms that by their nature survive termination shall survive termination, including but not limited to ownership provisions, indemnities and limitations of liability.

9. CHANGES TO THE APP

10.Corpay One may at any time change the form, content and/or functionality of all or part of the App. If Corpay One needs to perform maintenance work, you may not be able to use the App in whole or in part while Corpay One completes such work, but Corpay One will try to minimize the time that the App is unavailable for use.

11.Updates to the App may be released from time to time. Depending on the update, you may not be able to use the App in whole or in part until you have downloaded the latest version of the App and accepted any new terms and conditions.

10. LIABILITY

12.Corpay One provides the App to you "as is" and you use this App at your own risk. To the extent permitted by law, all warranties and conditions, whether express or implied or statutory, in relation to the App and the provision of the Services are excluded.

13.To the extent permitted by law, in no event shall Corpay One or its directors, employees, agents, partners or any other party involved in creating, producing or delivering the App (hereinafter referred to as Representatives) be liable in contract, tort (including negligence) or otherwise under or in connection with these Terms and/or your use of or inability to use the App and one or more Services. This applies without limitation to any damages that you may suffer as a result of or in connection with:

(a) any third party software and services included in the App (see clause 7 above);

(b) bugs, viruses, and the like (regardless of the source of origin);

(c) the actions or inactions of other Corpay One app users;

 (f) suspension or loss of access to the Corpay One app or any other functionality;

(g) unauthorized use or misuse of your Corpay One account for any reason when Corpay One has not received written notice of deletion in accordance with clause 3.4;

(h) unauthorized access to your Corpay One profile or any information provided through your Corpay One account, including payment details.

14.The general principles of tort under Danish laws apply to the Terms. Corpay One shall not be liable for any indirect claims and/or losses or tort, including loss of profits, loss of business, depletion of goodwill and/or similar losses or loss of data or information, pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in relation to the Terms and use of the Services. You agree that the App is provided free of charge and that the exclusions of liability and indemnity set out in this clause are fair and reasonable.

11. CHANGES TO THESE TERMS

15.Subject to the remainder of this clause, Corpay One may amend these Terms from time to time by publishing an updated version in the App. Please check the published Terms in the App periodically for changes. By continuing your use of the App without prejudice after the publication of the updated Terms, you accept the updated Terms.

16.The changes that Corpay One may make to these Terms without your consent are limited to changes:

(a) for updates to the functionality, security, options and Services available in the Corpay One app;

(b) to reflect third party terms and conditions applicable to Corpay One and/or the Corpay One app;

(c) that are generally beneficial to the users of the Corpay One app or do not adversely affect them; and/or

(d) that are necessary to reflect changes in applicable law.

17.Corpay One will ask you to confirm via the Corpay One app that you agree to the updated Terms if the updated Terms contain other changes. Your continued use of the Corpay One app constitutes your confirmation that you agree to the updated Terms. 

12. APP DISTRIBUTORS

12.1. The Terms are entered into between you and Corpay One and not with the operators of app distribution channels in which the App and/or Services may be available, such as Apple Inc., Amazon.com Inc., or Google Inc. (hereinafter the “App Distributors”). Corpay One is solely responsible and liable for the App and the Services and contents therein, except as provided otherwise. The App Distributors have no obligations to supply maintenance, support or otherwise to the App and/or Services.

12.2.You accept that Corpay One and not the App Distributors are responsible for handling any claims which you or any third party may have against the Services or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claims that the App does not comply with applicable law, and (iii) claims based on consumer protection law or similar legislation. You accept that we, and not the App Distributors, are responsible for investigating, defending, deciding, settling, and discharging any claims for infringement of third-party intellectual property rights pertaining to the App or your possession and use of the App. Insofar as legal under applicable law, the App Distributors have no warranty obligations at all in regard to the App.

12.3.You represent and warrant that (i) you will comply with all applicable third-party terms and conditions by use of the App, (ii) that you are not located in a country which is subject to the United States’ government’s embargos or which is designated as a “terrorist supporting” country, and (iii) that you are not listed on any United States Government list of prohibited or restricted parties. 

12.4.Corpay One and you agree that the App Distributor used by you for the download of the App, and their subsidiaries, are third party beneficiaries to these Terms. Upon your acceptance of the Terms, the applicable App Distributor(s) will have the right (and deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

12.5.You agree that your use of the App is subject to the Usage Rules set out forth in the applicable App Distributor(s) then-current Terms of Service for downloading apps through said App Distributor. 

13. FINAL PROVISIONS

18.You must comply with any additional terms or instructions of Corpay One that are brought to your attention in the App, when setting up your Account or when using the App.

19.You agree to the following:

(a) you will not assign or otherwise transfer your Account to anyone else;

(b) you will not use the App for any unlawful purpose, in any manner that interrupts, restricts, damages or diminishes the efficiency of the App, to transfer files containing viruses, trojans or other malicious programs, to access or attempt to access the accounts of other Corpay One account holders or to circumvent security measures;

(c) you do nothing that Corpay One reasonably believes is indecent or could harm its reputation, the App or the Services; and

(d) you comply with all applicable laws in your use of the App.

20.If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or deleted to the minimum extent possible, so that these Terms will otherwise remain in full force and effect. Corpay One’s failure to exercise any right shall not be deemed a waiver of that right or of any other rights Corpay One may have.

21.These Terms shall be governed by and construed in accordance with Danish law, except for its rules pertaining to conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any dispute that could not be resolved amicably must be brought before the City court in Copenhagen.