Terms and Conditions

1. General

These terms and conditions apply to all agreements entered into between Konverto Performance ApS (hereinafter "Konverto", "we", "us" or "our") and the customer (hereinafter "you" or "the customer") regarding the use of Konverto's SaaS platform for automating enquiries.

Konverto Performance ApS
Company reg. no. (CVR): 45602052
Address: Dunkerquegade 17, 2th, 2150 Nordhavn, Denmark
Email: support@konverto.dk

By creating an account and using our services, you accept these terms and conditions.

2. Scope of the service

Konverto provides a cloud-based SaaS platform that enables automated enquiry handling, including:

• Integration with Facebook Lead Ads
• Automated email and SMS communication
• Automatic replies to enquiries using AI (artificial intelligence)
• CRM functionality for enquiry handling
• Integration with Google and Microsoft services
• A dedicated phone number for your account as well as telephony features, including receiving and forwarding incoming calls and a dialer for outgoing calls
• Recording and transcription of phone calls for use in follow-up, documentation and quality assurance

A dedicated phone number is created for your account as part of the service. The phone number is provided at Konverto's expense and is not invoiced separately.

We reserve the right to update and change the platform in order to improve functionality. In the event of material changes, customers are informed by email.

3. Subscription and payment

3.1 Subscription types

Konverto currently mainly offers the Konverto subscription, which consists of a fixed monthly base price plus a price per enquiry (usage-based). Current prices are shown on our pricing page. Older plans (Standard and Pro) are still offered to existing customers who already have them.

3.2 Payment terms

All prices are stated in DKK excluding VAT unless otherwise indicated. The Konverto subscription can currently only be purchased in DKK. VAT is calculated automatically through Stripe. All payment is handled by Stripe. Card details are entered directly with Stripe and are never stored by Konverto. For the Konverto subscription the fixed base price is charged on an ongoing basis, while the consumption of enquiries is calculated and invoiced in arrears at the end of each period, based on the number of enquiries created in the period. For the older Standard and Pro plans, payment is charged in advance for each subscription period. Subscriptions renew automatically at the end of the period. In case of non-payment, access to the platform may be suspended.

3.3 Enquiries

One enquiry corresponds to one new lead created in the system. If contact with an existing lead is resumed after at least 90 days of inactivity, this also counts as one enquiry. Inactivity means that during the period there have been no messages to or from the lead, no new enquiries from the lead and no phone calls on the lead. This applies regardless of whether contact is resumed by the lead, by you or by Konverto's automation (for example when a lead list is uploaded), but at most once per lead per month. Phone calls reset the inactivity period but do not themselves count as an enquiry. On the Konverto subscription, each enquiry is settled at the applicable price per enquiry, and consumption is invoiced in arrears. On the older Standard and Pro plans, the subscription includes a fixed quota of enquiries, unused enquiries are not carried over to the next period, and additional enquiries can be purchased as monthly add-ons.

3.4 Auto-refill (Standard and Pro plans only)

For the older Standard and Pro plans, automatic upgrading of enquiry add-ons can be enabled. When the number of remaining enquiries falls below a chosen threshold, the add-on level is upgraded automatically up to a maximum level chosen by the customer. Upgrades are invoiced immediately with pro rata calculation for the remaining period. Auto-refill can be disabled at any time via the account. The feature does not apply to the Konverto subscription, which is settled on a usage basis without a quota.

4. Cancellation and right of withdrawal

4.1 Cancelling a subscription

• You can cancel your subscription at any time via your account or by contacting us
• The cancellation takes effect at the end of the current billing period
• No refund is given for unused time in a paid period
• On cancellation, access to the platform is retained until the end of the period

4.2 Deleting your account

You can delete your account at any time via the settings. When the account is deleted, your subscription ends immediately and all of your data (including enquiries, conversations and settings) is deleted permanently and cannot be restored.

4.3 Right of withdrawal

As a business customer you have no statutory right of withdrawal.

As a private customer you have a 14 day right of withdrawal from the conclusion of the agreement pursuant to the Danish Consumer Contracts Act. By using the service you acknowledge that you lose your right of withdrawal once delivery has begun.

Delivery is deemed to have begun when you log in to the platform, when a phone number is created for your account, when you connect an integration, or when you use an enquiry.

4.4 Refund on withdrawal

In the event of withdrawal pursuant to §4.3, Konverto may on request refund the subscription amount paid, less the services already delivered or consumed, including: creation of a dedicated phone number (see applicable rates) and enquiries already used (settled at the price per enquiry applicable to your plan, see §3). Applicable rates are provided on request to support@konverto.dk.

Refunds are made to the same means of payment within 14 days after an approved request.

5. The user's obligations

As a user of Konverto you undertake:

• To provide correct and up to date information when creating an account
• To keep your login details confidential and secure
• To comply with applicable legislation, including the GDPR and the Danish Marketing Practices Act
• To ensure that you have the necessary rights and consents to contact enquiries
• Not to use the platform for illegal or harmful purposes
• Not to send spam or unsolicited commercial messages
• To inform the other party about recording when you record phone conversations via the platform's telephony, see section 5.1
• To comply with the rules on the use of AI, see section 5.2

In case of breach of these obligations, we reserve the right to suspend or terminate your account without notice.

5.1 Recording of phone calls

Konverto's platform can record and transcribe phone calls. For incoming calls to your dedicated number you can enable an automatic message informing the caller that the conversation is recorded. For outgoing calls via the dialer, no automatic message is played. It is your responsibility to inform the other party that the conversation is recorded and to ensure that you have the necessary legal basis for the recording under applicable law. Konverto merely provides the tool and is not responsible for recordings you make without having informed the other party correctly.

5.2 Use of artificial intelligence (AI)

The service uses AI (artificial intelligence), including language models, to reply to enquiries and to formulate and send messages on your behalf. The platform inserts information about the use of AI in the communication sent to your enquiries and contacts, pursuant to the AI Act (Regulation (EU) 2024/1689) article 50. You may not remove, hide, change or circumvent AI disclosures or markings of AI-generated content, and you may not make the platform pass itself off as a human being or otherwise conceal the use of AI from the recipient.

In relation to the AI Act, Konverto is the provider of the AI system included in the platform, and you are the deployer when you use the platform as part of your business. As deployer you are responsible for using the platform lawfully, including for having consent or another lawful basis under section 10 of the Danish Marketing Practices Act before the platform is used for electronic marketing towards your enquiries and contacts. This also applies to contacts you upload yourself to the platform and to resuming contact with previous enquiries.

You may not use the platform or content generated by the platform for practices prohibited under article 5 of the AI Act, or for purposes that would make the AI system a high risk AI system under article 6 and annex III of the regulation. Among other things, you may not use the platform for recruitment or other HR screening, credit assessment of natural persons, emotion recognition or decisions about natural persons' access to essential services.

6. Limitation of liability

6.1 Availability of the service

We strive to ensure high uptime but cannot guarantee uninterrupted access to the platform. We are not liable for losses caused by planned maintenance or unforeseen outages.

6.2 AI-generated content

Konverto's software automatically generates and sends communication on your behalf based on your settings, prompts and the data you have provided. As the content is AI-generated, we cannot guarantee that it is always free of errors, accurate or appropriate in every situation. You are responsible for the settings, prompts and data you configure in the platform, and we are not liable for consequences of AI-generated content.

6.3 Third party integrations

We are not liable for outages or changes in third party services such as Facebook, Google, Microsoft, Stripe and Twilio (SMS and telephony). Use of these integrations is subject to the terms of the services in question. A current list of the third parties that process personal data on your behalf is set out in our data processing agreement.

6.4 Liability for damages

Konverto's total liability towards the customer can never exceed the amount the customer has paid to Konverto over the past 12 months. Under no circumstances are we liable for indirect losses, consequential damages, loss of data or lost profit.

7. Intellectual property rights

All rights to the Konverto platform, including software, design, trademarks and content, belong to Konverto Performance ApS. The customer obtains only a time limited right of use during the subscription period.

Data that the customer uploads or generates via the platform remains the customer's property. Konverto may use data from the use of the platform to evaluate and improve the quality and security of the service, including the service's AI features. This includes internal quality assessment of conversations. The processing takes place in accordance with our data processing agreement and privacy policy and within the framework of applicable data protection legislation. Konverto does not resell your personal data or that of your enquiries.

8. Data protection

Processing of personal data takes place in accordance with our privacy policy and applicable data protection legislation, including the GDPR.

When Konverto is used to process enquiries, Konverto acts as data processor on behalf of the customer, who is the data controller. The customer is responsible for ensuring a lawful basis for the processing.

9. Changes to the terms

We reserve the right to change these terms and conditions. In the event of material changes we inform the customer by email at least 30 days before the changes take effect.

Continued use of the platform after new terms take effect constitutes acceptance of them. If you do not wish to accept the new terms, you can cancel your subscription.

10. Force majeure

Konverto is not liable for failure to fulfil obligations as a result of circumstances beyond our reasonable control, including natural disasters, war, strike, changes in legislation, power failure or outages at subcontractors.

11. Governing law and venue

These terms and conditions are governed by Danish law. Any disputes that cannot be settled amicably are decided by the Danish courts, with the Copenhagen City Court as the proper venue in the first instance.

12. Contact

If you have questions about these terms and conditions, you are welcome to contact us:

Konverto Performance ApS
Email: support@konverto.dk