Princh End-User Terms & Conditions

Last updated: 2024-09-25

Version 2.0

This Terms and Conditions Agreement (“Agreement”) is made and entered into as of the date you first access or use Princh’s website, platform, and services (“Effective Date”) by and between:

Princh A/S, a company organized and existing under the laws of Denmark, identified with VAT Number DK37833789, and with its principal place of business at Bjørnholms Allé 22, 8260 Viby J, Denmark (hereinafter referred to as “Princh”, “we”, “us”, or “our”),

and

You, the individual user accessing or using Princh’s website, platform, and services (hereinafter referred to as the “User”).

BY ACCESSING OR USING PRINCH’S WEBSITE, PLATFORM, AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE PRINCH’S WEBSITE, PLATFORM, OR SERVICES.

1.1. Agreement: It shall refer to this Terms and Conditions Agreement.

1.2. Content: Printable or scannable material (images, text, and other printable or scannable content) uploaded by a Princh User via the Princh Software.

1.3. Document: Content turned into a scanned electronic file or a physical paper print-out by a printer or copier operated by a Princh Host.

1.4. Price: The total price for the Processed Document, which the Princh User must pay in the Princh Software.

1.5. Princh Host or Host: Anyone who operates a printer or copier and offers printing or scanning services via the Princh Software.

1.6.Princh Software or Software: The software delivered by Princh, including, but not limited to, Princh Server, Princh Scan Software, Princh for Mobile, Princh for Laptop, and Princh for Public PCs.

1.7. Princh User or User: A natural person or legal entity making use of the Services.

1.8. Processed Document: One or more Documents submitted by a Princh User to a Princh Host printer or copier via the Princh Software with the purpose of turning the electronic file(s) into a physical or scanned Document of one or more pages.

1.9. Restricted Content: It means any content that:

1. Infringes on intellectual property rights, including copyright, trademarks, patents, or trade secrets;
2. Is illegal or promotes illegal activity, such as drug trafficking, terrorism, or child exploitation;
3. Contains sexually explicit material that is obscene or violates applicable laws;
4. Is defamatory, libellous, or otherwise harmful to the reputation of individuals or entities;
5. Violates privacy rights by disclosing confidential information without consent;
6. Contains malware, viruses, or other harmful software;
7. Is discriminatory or hateful based on race, religion, gender, sexual orientation, or other protected characteristics; or
8. Violates any other applicable laws or regulations.

1.10. Services: The services offered by Princh through the Princh Software as set forth in the section 3 of this agreement.

1.11. Terms and Conditions: The legal terms that outline the use of the Princh Software and Services by Princh Users. The Terms and Conditions are available in the Princh Software and on the Princh website.

2.1. The Terms and Conditions govern the Princh User’s use of the Software and the Services offered by Princh Hosts. By using the Software, the User acknowledges to have read and understood and agrees to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with the Terms and Conditions, you should not use the Services and/or access the Princh Software.

2.2. Princh reserves the right to modify the Software, and the Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on the Princh Website or through some other methods Princh finds reasonable.

2.3. Princh provides the Services “as is” and without warranty of any kind, express or implied. Princh disclaims all warranties, including but not limited to:

• 2.3.1. Warranty of merchantability.
• 2.3.2. Warranty of fitness for a particular purpose.
• 2.3.3. Warranty against infringement.

3.1. The Services offered by Princh through its Software solely exist to provide a platform, which facilitates Princh Hosts to offer printing, scanning, and copying services to the Users, including the payment transaction between the User, Princh, and the Host.

3.2. Princh is not a party to any agreements entered into between Princh Hosts and Princh Users, nor is Princh a manufacturer or provider of any printing services or financial services.

3.3. Princh acts as a platform, connecting users who need printing services (Princh Users) with individuals or businesses offering those services (Princh Hosts). Princh does not control the actions, conduct, content, or services of Princh Hosts or Princh Users. Princh is not responsible for:

• 3.3.1. The quality, accuracy, legality, or appropriateness of Content uploaded by the Users.
• 3.3.2. The performance, availability, or reliability of services provided by the Hosts.
• 3.3.3. Any disputes or interactions between Princh Users and Princh Hosts.
• 3.3.4. Princh Users are solely responsible for their interactions with Princh Hosts and for verifying the qualifications and suitability of any Host they choose to work with. Princh Hosts are solely responsible for the quality and legality of the services they provide.

4.1. The Princh User or any other user of the Princh Software represents and warrants that all information it submits to the Princh Software is accurate, truthful, lawful and does not infringe any rights of third parties.

4.2. The Princh User or any user of the Princh Software warrants that it will not use the Services to:

• 4.2.1. Send any unsolicited mass mailings (“spam”); launch or use any automated means or process, for sending more communication than a natural person could reasonably produce;
• 4.2.2. Threaten or harass any person or entity;
• 4.2.3. Gain or attempt to gain unauthorized access to any computer system, server, network, or hardware of Princh Hosts, other Princh Users or any other third party;
• 4.2.4. In any way that could overload, damage, disable, disrupt or harm the Services or interfere with any other Princh User’s use of the Services;
• 4.2.5. Adapt, modify or reverse engineer any of the systems or protocols of Princh Hosts;
• 4.2.6. Reformat, resell, or redistribute the Services in any way without the explicit consent of Princh in writing.

4.3. Princh may, at its sole discretion and without prior notice, suspend or terminate a Princh User’s access to the Princh Software, website, and/or Services for any reason, including but not limited to:

• 4.3.1. Violation of these Terms and Conditions;
• 4.3.2. Failure to comply with reasonable instructions from Princh Hosts or Princh representatives;
• 4.3.3. Engaging in conduct that is harmful, disruptive, or otherwise detrimental to Princh, its Users, or Hosts.

Princh reserves the right to pursue all available legal remedies against any Princh User who attempts to damage the Princh Software, website, or interfere with the legitimate operation of the Services. Such actions may constitute violations of civil and criminal law, and Princh will seek appropriate damages and other relief to the fullest extent permitted by law.

4.4. Princh Users acknowledge and agree that their purchase of printing services through the Princh Software is final and irrevocable upon completion of the purchase process. This provision does not affect the Princh User’s rights under Section 4.5 regarding defects in delivery or quality.

4.5. If a Princh User identifies a defect with the delivery or quality of the Processed Document, the Princh User must notify the Princh Host of the potential defect as soon as possible and no later than 70 hours after uploading the Content. Failure to provide timely notice may result in the full Print Price being deducted from any refund or compensation due to the Princh User.

5.1. Princh Users are solely responsible for the legality and appropriateness of all Documents and Content they upload to the Princh Software. Princh Users agree not to upload any content that violates applicable laws or regulations, including but not limited to copyrighted material, obscene content, defamatory material, or content that infringes on intellectual property rights.

• 5.1.1. If a Princh Host becomes aware of or is requested by a Princh User to assist in printing Restricted Content, the Princh Host shall:
• 5.1.2. Refuse to process the request for the Printed Document.
• 5.1.3. Immediately notify Princh of the incident.
• 5.1.4. Consider reporting the matter to appropriate authorities, as required by law.

5.2. Content uploaded or processed through the Princh Software is considered “Restricted Content,” and therefore prohibited, if it falls within any of the following categories. The following categories are not exhaustive and do not supersede or contradict the definition of “Restricted Content” as defined in Clause 1.9. Users remain solely responsible for reviewing both Clause 1.9 and this section to ensure full understanding and compliance with permissible content requirements.

1. Intellectual Property Infringement: Content that violates intellectual property rights, such as copyrighted material, trademarks, patents, trade secrets, or other proprietary information, without proper authorization.
2. Sexually Explicit Material: Content that is pornographic, obscene, or otherwise sexually suggestive in nature and may be harmful or offensive to others.
3. False or Harmful Information: Content that is false, inaccurate, misleading, harassing, racially or ethnically offensive, harmful to minors, libellous, or defamatory.
4. Malicious Software: Content that contains viruses, Trojan horses, worms, or other malicious software designed to harm computer systems or networks.
5. Illegal Activity: Content that promotes or facilitates illegal activities, such as drug trafficking, terrorism, child exploitation, or other criminal offences.

5.3. Princh does not claim any ownership rights in User Content submitted through the Princh Software. Users retain all ownership rights to their content.

Princh has no obligation to review User Content for accuracy, legality, or appropriateness. Users are solely responsible for all Content they submit and for ensuring that it complies with all applicable laws and regulations, including intellectual property rights and privacy laws. Princh shall not be liable for any Content submitted through the Software, nor for any claims arising from such content.

6.1. Princh Users are required to pay the total amount specified in the order summary within the Princh Software using a valid and accepted payment method as indicated on the platform.

6.2. If a Processed Document fails to be processed correctly due to an error originating within the Princh Software or the Princh Host’s hardware, no payment will be deducted from the Princh User’s account. In such instances, the Princh Host is obligated to cancel the Processed Document order within 70 hours of the Princh User uploading the original Document.

6.3. “Correct Processing” must be understood as:

1. The output file must be in the specified format selected by the Princh User during the ordering process.
2. The processed document must accurately reflect the content of the original Document, free from errors, omissions, or alterations that materially affect its intended use (e.g., missing pages, incorrect text formatting).
3. The Processed Document must print correctly according to standard printing specifications (e.g., proper margins, undistorted images).

If the processing error stems from a fault in the Princh Host’s hardware, the Princh Host shall use commercially reasonable efforts to rectify the error and restart the Processing job.

7.1. The indicated total price for the Processed Document for the Princh User equals the Print Price.

7.2. The Print Price or any other prices displayed in the Princh Software are only indications and are valid only for the moment that they are displayed. The Host and Princh reserve the right to change any indicated prices in the Software without prior notice. Such a change will have no effect on Processed Documents, which have already been paid.

7.3. While Princh endeavors to ensure the accuracy of pricing information displayed within the Princh Software, in the event of a pricing error, Princh, the Princh User, and the Princh Host are not bound by the inaccurate pricing reflected in the Processed Document order. All parties have the right to cancel the Processed Document without penalty. Upon cancellation due to a pricing error, Princh will promptly issue a refund to the Princh User for any amounts paid towards the affected Processed Document.

8.1. All intellectual property rights, including but not limited to copyright, trademarks, patents, trade secrets, and database rights, in and to the Services and Princh Software (collectively, “Princh Materials”) are owned by Princh. Princh may utilize certain third-party components or materials within the Princh Materials, which are subject to their respective licenses.

The Princh User acknowledges that it obtains no ownership rights in the Princh Materials through its use of the Services. All rights not expressly granted to the Princh User herein are reserved by Princh.

9.1. Princh shall not be liable for any indirect, incidental, special, consequential, or punitive damages, arising out of or relating to the Princh User’s access or use of the Services and Princh Software, or the printing services offered by a Princh Host, regardless of the form of action, whether in contract, tort (including negligence), or otherwise.

9.2. Princh’s aggregate liability to the Princh User for any direct damages arising out of or relating to these Terms and Conditions shall be limited to the total amount paid by the Princh User to Princh for the Services during the twelve (12) month period preceding the event giving rise to the claim. This limitation of liability shall not apply to claims arising from Princh’s wilful misconduct or gross negligence, or the breach of a fundamental contractual obligation.

9.3. If any provision of this Clause 9 is held unenforceable under applicable law, such provision will be struck and the remaining provisions shall remain in full force and effect. The Parties agree that the limitations and disclaimers set forth herein are reasonable and necessary to protect Princh’s business interests.

1. The Princh User agrees to indemnify, defend, and hold harmless Princh (including its officers, directors, employees, agents, affiliates, licensors, and suppliers) from and against any and all liabilities, claims, damages, losses, costs, expenses (including reasonable attorneys’ fees), arising out of or relating to:
2. The Princh User’s breach of these Terms and Conditions;
3. Any negligent or wilful act or omission by the Princh User in connection with the use of the Services;
4. Any infringement of intellectual property rights by the Princh User; or
5. Any content submitted by the Princh User to the Services.

9.4. The Princh User placing a Processed Document with a Princh Host agrees to indemnify, defend, and hold harmless that Princh Host (including its officers, directors, employees, agents, affiliates, licensors, and suppliers) from and against any and all liabilities, claims, damages, losses, costs, expenses (including reasonable attorneys’ fees), arising out of or relating to:

1. The Princh User’s breach of these Terms and Conditions;
2. Any negligent or wilful act or omission by the Princh User in connection with the use of the Services;
3. Any infringement of intellectual property rights by the Princh User; or
4. Any content submitted by the Princh User to the Services.

10.1. This agreement shall be governed by and construed in all respects in accordance with the Laws of Denmark, and each party hereby submits to the jurisdiction of the Court in Aarhus, Denmark.

10.2. In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, the parties agree to attempt in good faith to resolve the dispute through negotiation.

10.3. If the dispute cannot be resolved through negotiation within a reasonable time period, either party may choose to resolve the dispute through mediation or arbitration in Aarhus, Denmark, or proceed directly to litigation in the courts of Aarhus, Denmark.

11.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The Parties agree that the invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the intent of the original provision, taking into account the context of this Agreement as a whole.

If you have any queries about the manner in which the Princh Software is operated or the Services are provided, please contact us at support@princh.com.