Effective date: 10 August 2025
Controller: Fullybookedneuroclinic Skillbuddy Aps, CVR: DK43554638
Registered address: Gammel klausdalsbrovej 482, 2730 Herlev, Denmark
Contact (privacy): [email protected]
We’re a marketing agency. We help businesses, including neurofeedback clinics, plan, create, and run marketing campaigns. We do not provide healthcare or neurofeedback services.
1) Scope & parties
These Terms apply to your access to our website, communications, and all agency services (the “Services”). If we sign a Statement of Work (“SOW”) or master agreement, that document controls where it conflicts with these Terms.
B2B only. We contract with businesses, not consumers. You confirm you have authority to bind your company.
2) Roles under privacy laws
For our own website, leads and analytics, we act as controller.
For client‑provided contact lists or CRM connections, we act as processor under GDPR and only on documented instructions, with a written Data Processing Agreement (DPA) per GDPR Art. 28. We require similar commitments from our sub‑processors. GDPR.eu
3) Services
Typical Services include strategy, ad creation and buying, landing pages, websites, analytics, conversion tracking, CRM/email/SMS setup, and reporting. Exact deliverables, timelines, and acceptance criteria appear in the SOW.
4) Client responsibilities
You will:
Provide accurate inputs, timely approvals, and access to the necessary platforms.
Ensure all contact data is lawfully obtained with valid consents for the intended channels (email/SMS/ads), and that content and claims comply with applicable law (e.g., health claims, testimonials).
Not send us health records or other special‑category data unless explicitly agreed in writing (see HIPAA/U.S. Addendum below).
Comply with platform policies (Meta, Google, etc.) and avoid prohibited content.
5) Third‑party tools
We use reputable vendors (hosting/CDN, email/SMS, analytics, ad platforms, CRM, forms, file storage). Each is bound by a DPA with us when acting as processor. Where data leaves the EEA, we rely on EU‑US Data Privacy Framework or Standard Contractual Clauses, as applicable. California Privacy Protection Agency
6) Cookies on our site
Our site uses essential cookies (no consent needed) and, if you agree in our banner, analytics/advertising cookies. Danish rules require informed, prior consent for non‑essential cookies; you can withdraw consent anytime via “Cookie settings.” See our Privacy Policy for details. erhvervsstyrelsen.dk
7) Marketing communications from us
We send email/SMS marketing only with prior consent and honor opt‑outs promptly in line with Danish rules on unsolicited electronic communications. See our Privacy Policy.
8) Fees, invoicing, and taxes
Fees are set out in the SOW. Unless stated otherwise: invoices are due within 21 days; late amounts may accrue interest at 5% per month (or the maximum permitted by law). Fees are non‑refundable once Services are rendered. Prices exclude VAT and applicable taxes.
9) Intellectual property
Your materials (brand assets, data, copy) remain yours. You grant us a limited license to use them to provide the Services.
Our pre‑existing IP (frameworks, templates, code modules) remains ours; we grant you a non‑exclusive license to use what’s embedded in deliverables.
Deliverables created specifically for you under a paid SOW become yours on full payment, except our pre‑existing IP and any third‑party materials under their own licenses.
10) Acceptable use
You will not use the Services to violate law, mislead recipients, infringe third‑party rights, or upload malicious code. You will not attempt to bypass rate limits, platform restrictions, or our technical safeguards.
11) Confidentiality
Each party will protect the other’s non‑public information and use it only to perform the agreement. This survives termination.
12) Data protection (EU/DK)
We maintain appropriate technical and organisational measures (access controls, encryption in transit, least‑privilege access, logging, and secure deletion). We will sign a DPA when we process your personal data as a processor and maintain DPAs with sub‑processors. You may lodge a complaint with Datatilsynet, Carl Jacobsens Vej 35, 2500 Valby, Denmark.
13) U.S. health clients & HIPAA (summary)
If you’re a U.S. healthcare covered entity or business associate and we must handle PHI, we will execute a Business Associate Agreement (BAA) that limits permitted uses/disclosures, requires safeguards, and governs breach notification (45 CFR 164.504(e)). Marketing uses of PHI generally require an individual authorization, with narrow exceptions (e.g., face‑to‑face, nominal gifts) per 45 CFR 164.508. We will not put PHI into ad platforms or analytics pixels.
14) Warranties & disclaimers
We’ll perform the Services with reasonable skill and care. Except as expressly stated, the Services are provided “as is” and we do not warrant specific results (e.g., ROAS, rankings, approvals by ad platforms). Platform policies and algorithms can change without notice.
15) Indemnities
You will indemnify us against claims arising from: (a) your content or targeting instructions; (b) your violation of law or platform rules; (c) your failure to obtain required consents/authorizations.
16) Liability cap
To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services is limited to the fees paid by you for the 12 months preceding the event giving rise to liability. Nothing excludes liability for intent or gross negligence where such exclusion is not permitted under Danish law.
17) Term, termination & suspension
Either party may terminate for material breach not cured within [30] days after written notice. We may suspend Services for non‑payment or unlawful use. Upon termination, you’ll pay for work performed to date; we’ll deliver in‑progress work product as set out in the SOW.
18) Governing law & venue
These Terms and any SOW are governed by Danish law (excluding conflict‑of‑law rules and CISG). The exclusive venue is the courts of Copenhagen. Mandatory statutory rights remain unaffected.
19) Changes to these Terms
We may update these Terms to reflect legal or technical changes. We’ll post the new effective date; material changes will be notified where appropriate.
Contact: [email protected] |