These Terms and Conditions ("Terms") govern your access to and use of the ConPDS Checker and ConPDS Tracker platforms and related managed applications (the "Services") provided by ConPDS ApS, Vestervang 21, 8700 Horsens, Denmark, VAT No. DK35828192 ("ConPDS", "we", "us", or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
ConPDS provides cloud-based software-as-a-service for container inspection photo documentation, including mobile applications, a web dashboard, optical character recognition (OCR), automated photo delivery, and related integrations. The Services are hosted on ConPDS servers and made available on a subscription basis.
The Services may include automated optical character recognition (OCR) for container numbers and other identifiers. OCR results are provided on a best-effort basis and may contain inaccuracies. The Customer is responsible for verifying OCR output before relying on it for business decisions, regulatory compliance, or dispute resolution. ConPDS does not guarantee the accuracy, completeness, or reliability of any OCR-generated data.
To use the Services, you must create an account and authorise each mobile device against your designated ConPDS tenant. You agree to:
Unauthorised devices cannot upload data to the platform.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring that your use of the Services complies with all laws and regulations applicable in your jurisdiction. You must not:
Access to the Services is provided on a subscription basis. The applicable fees and billing cycle are specified in your subscription agreement or order form. Invoices are issued either monthly (in advance on the last day of the month) or yearly (on the contract effective date). Default payment terms are Net 14 days from the date of invoice unless otherwise agreed.
ConPDS reserves the right to suspend the performance of the Services or to terminate the agreement if payment is not received within the agreed terms. When a subscription is renewed, prices for the next period may be adjusted in accordance with the Net Price Index specified for Denmark by Statistics Denmark.
All work product created by ConPDS or through collaborative efforts between ConPDS and the Customer in connection with the Services — including but not limited to software (object code and source code), inventions, processes, techniques, designs, methods, know-how, and any other intellectual property — shall belong exclusively to ConPDS.
You are granted a limited, non-exclusive, non-transferable right to use the Services solely for your internal business purposes during the subscription term. Nothing in these Terms transfers any intellectual property rights to you.
Ownership of Data: All data uploaded to or generated within the ConPDS platform for your use remains your sole property. You are solely responsible for the legality, accuracy, and appropriateness of all data you upload to the Services, including ensuring that you have all necessary rights, consents, and legal bases to submit such data and that it does not infringe any third-party rights.
Storage Location: ConPDS ensures that all customer data is stored exclusively in secure data centres located within the European Union, in compliance with EU data sovereignty and protection regulations.
Access to Data: You may access and extract your data at any time via the standard features of the platform.
Use of Data: ConPDS reserves the right to use anonymised and aggregated data, including images, solely to improve services and enhance the performance of its OCR engine, in compliance with applicable data protection laws.
Data Retention and Deletion: Upon termination of the agreement or suspension of services, customer data will be retained for a grace period of thirty (30) days, during which you may extract your data. After this period, ConPDS will permanently delete all customer data unless otherwise required by applicable law.
Data Security: ConPDS employs robust security measures to protect customer data from unauthorised access, loss, or corruption. Regular backups are performed to ensure data recoverability in case of accidental loss or system failure.
The Services may integrate with or depend on third-party services, platforms, or APIs (including but not limited to depot management systems, AEMS, email providers, and cloud infrastructure). ConPDS is not responsible for the availability, accuracy, or performance of any third-party service. Any disruption, modification, or discontinuation of a third-party service that affects the functionality of the Services shall not constitute a breach of these Terms by ConPDS.
To the fullest extent permitted by law, ConPDS disclaims all warranties, express, implied, or statutory, including but not limited to implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. ConPDS does not warrant that use of the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that servers are free of viruses or other harmful components. ConPDS does not guarantee any specific level of service availability or uptime.
In no event shall ConPDS be liable towards the Customer or any other party for any special, exemplary, incidental, consequential, or indirect damages, including but not limited to lost profits, loss of data, loss of business opportunity, or business interruption, whether arising out of contract, tort, strict liability, or otherwise, even if ConPDS has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, ConPDS's total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the total fees actually paid by the Customer to ConPDS in the twelve (12) months immediately preceding the event giving rise to the claim.
The Customer agrees to indemnify, defend, and hold harmless ConPDS and its officers, directors, employees, agents, and subcontractors from and against any claims, demands, suits, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising from or in connection with:
ConPDS shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by events beyond its reasonable control, including without limitation natural disasters, acts of God, war, terrorism, civil unrest, pandemics, government actions, power or internet failures, failures in transportation or communication, the Customer's failure to furnish necessary information, sabotage, labour disputes, accidents, shortages of labour or equipment, or technical failures of third-party infrastructure. During such events, ConPDS's affected obligations shall be suspended for the duration of the force majeure event.
ConPDS acknowledges and agrees that it acts as a "processor" of "personal data" for the Customer under the European Union's General Data Protection Regulation (GDPR). ConPDS represents and warrants that:
Where ConPDS processes personal data on your behalf, the parties shall enter into a Data Processing Agreement as required by applicable law.
ConPDS acknowledges the requirements of the EU Directive on the security of network and information systems (NIS2 Directive) and confirms that its operations comply with applicable requirements. Specifically:
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and not to disclose such information to third parties without prior written consent, except as required by law.
ConPDS reserves the right to engage subcontractors or subprocessors to perform parts of the Services, provided that ConPDS remains responsible for their compliance with these Terms. Where subprocessors handle personal data, ConPDS shall ensure that appropriate data processing agreements are in place in accordance with applicable data protection laws.
No action, regardless of form (including in contract, tort, or otherwise), arising in connection with the performance of these Terms may be brought by either party more than one (1) year after the date of the occurrence on which the action is based.
Subscriptions are stipulated for an indefinite duration. Ninety (90) days before the expiry of every 12-month period, either party may give written notice of termination.
ConPDS reserves the right to suspend or terminate your access to the Services immediately and without prior notice if you: (a) fail to make payments within the agreed terms; (b) materially breach these Terms; (c) use the Services in a manner that could expose ConPDS to legal liability; or (d) become subject to insolvency proceedings. For non-payment or curable breaches, neither party may terminate without first giving the other party written notice and a reasonable opportunity (not less than 30 days) to rectify the situation.
Upon termination, your right to access the Services immediately ceases, subject to the 30-day data retention grace period described in Section 6. Any outstanding fees for the remainder of the subscription period shall remain due and payable.
The parties expressly assume an obligation to act in good faith toward one another in the performance of their obligations under these Terms.
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in the Services at least thirty (30) days before the changes take effect. Continued use of the Services after such changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Services before the changes take effect.
The Customer may not assign, transfer, or delegate this agreement or any rights or obligations hereunder without the prior written consent of ConPDS. ConPDS may assign this agreement in whole or in part, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, without the Customer's consent. Any attempted assignment in violation of this section shall be void.
All notices under these Terms shall be in writing and shall be deemed effectively given: (a) upon personal delivery; (b) upon confirmed transmission by email to the address on record; or (c) one business day after deposit with a recognised overnight courier service. Notices to ConPDS shall be sent to the contact details in Section 24. Notices to the Customer shall be sent to the email address associated with the Customer's account.
These Terms are governed by the laws of Denmark. Where not stated otherwise, the general rules of Danish law apply. The parties must seek to resolve disagreements by negotiation. If a dispute is not resolved within 14 days after a written request for negotiation, it shall be brought before the District Court in Aarhus, Denmark, unless the parties agree otherwise.
These Terms, together with any applicable subscription agreement and its annexes, constitute the entire agreement between the parties and supersede any previous agreements on the same subject matter. No amendments shall be valid unless in writing and signed by both parties. ConPDS is an independent contractor. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: The failure of ConPDS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by ConPDS.
Survival: Sections 5 (Ownership of Work Product), 6 (Data Storage and Management), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 12 (EU GDPR Compliance), 14 (Confidentiality), 16 (Limitation Period), 22 (Governing Law and Disputes), and this Section 23 shall survive any termination or expiration of these Terms.
For questions about these Terms, please contact us:
