License Agreement (LA)
Terms and Conditions

"Customer" refers to the person or legal entity which has entered into this LA concerning the Pike platform (the "Services").

The LA governs the Customer's access to and use of Pike's online software Services for project and people management, including all information, text, graphics, rich media, or other materials appearing on www.usepike.com. Pike may update and amend the Services continually and without notice. Any such changes, including new features or tools, are subject to this LA.

These Terms and Conditions also apply to individuals or organizations accessing the Services under a free trial arrangement. Free trial users are considered "Customers" under this LA, except that no License Fee is charged during the trial period. By signing up for a trial, the user agrees to be bound by this LA for the duration of the trial.

Prior to entering into this LA, the Services may have been demonstrated to the Customer and/or accessed under a free trial. If not, the Customer acknowledges entering this LA voluntarily and at their own discretion.

The Customer is responsible for acquiring and maintaining hardware, software, and internet access necessary for use of the Services.

Access to and use of the Services constitutes agreement to this LA. If the Customer does not agree, they may not access the Services. Pike may amend this LA with three months' notice, effective from the next License Period.

The Customer is granted a non-exclusive, non-transferable license to access and use the Services as described in this LA (the "License").

The License is granted for consecutive periods of agreed length (collectively the "License Periods", each a "License Period"), and the License is automatically renewed for an additional License Period on payment of the License Fee (see definition below) pertaining to that License Period, unless the License has been duly terminated. Failure to pay the License Fee does not constitute proper termination by the Customer, and Pike, or the Representative, as applicable, may claim payment of the License Fee in such an event. The first License Period begins, and the Customer will only be granted access to the Services, when Pike (regardless of whether payment is made directly to the Representative) has effectively received payment of the License Fee covering the first License Period and a copy of the LA signed by the Customer and received by Pike.

Pike may offer limited access to the Services under a free trial for 14 days unless otherwise agreed. Trial access is non-transferable, subject to this LA, and may be modified or terminated without notice.

If credit card information is provided during trial sign-up, the Customer will not be charged until the trial ends. To avoid charges, the Customer must cancel the trial before the end of the trial period.

By signing up for a trial, the Customer agrees that Pike may contact them via the provided email and/or phone to support onboarding, user experience, and send automated reminders. Data handling is outlined in the Privacy Policy.

The Services may only be used by the Customer, and only within the limits of the paid seats and user types described in Sections 2.3a and 2.3b. The Customer may only add users from inside the company unless explicitly agreed in writing with Pike. This also means that media mentions cannot be shared outside of the group of users as publishers copyrights must be respected. Pike will monitor the Customer's use of the Services and invoice – and if necessary correct the charged – License Fee in accordance herewith.

Subject to Section 2.3b (Paid Seats and Billing Structure), the Customer may add additional Paid Users of the same subscription tier to an active subscription at any time. Any such additional Paid Users shall be coterminous with the Customer’s then-current License Period and shall not create a separate or independent License Period. Fees for additional paid seats shall be charged on a prorated basis for the remainder of the current License Period as set out in Section 2.3b. Unless the License is duly cancelled in accordance with this LA, access for all users including additional Paid Users shall automatically renew for the subsequent License Period on the same terms and conditions.

Pike operates on a paid seat basis. Each paid seat entitles the Customer to invite and maintain one active user within their workspace under roles designated as Admin, Manager, Finance, HR, or Basic (each a "Paid User").

For each License Period, the Customer is allocated a number of paid seats corresponding to the number of Paid Users permitted within the workspace. Guest users and virtual users do not require a paid seat and are free of charge.

If, during an active License Period, the Customer invites or assigns a user to a Paid User role exceeding the number of paid seats included in the Customer’s current subscription, such action will automatically trigger the addition of a new paid seat. This applies regardless of whether the invited user has accepted the invitation, activated their account, or otherwise accessed the Services.

Any additional paid seats added during a License Period shall be of the same subscription tier and price as the Customer’s existing paid seats and shall be billed immediately on a prorated basis for the remaining duration of the current License Period.

At the commencement of the subsequent License Period, the total number of paid seats shall reset to reflect the total number of Paid Users provisioned at that time, and the Customer will be billed accordingly for the full License Period.

Without prior written consent, the Customer may not: (a) copy, distribute, modify, reproduce, sublicense, rent, or resell the Services; (b) reverse engineer or attempt to discover source code; (c) create derivative works.

Pike and its licensors retain ownership of all rights in the Services. The Customer acquires no rights except for limited use under this LA.

Customer content remains the Customer's property.

For each License Period the Customer shall pay the License Fee (the "License Fee"). Pike will invoice the License Fee.

The License Fee is an advanced payment for the License Period. The License Period is automatically renewed after the first period unless Pike has received and confirmed a written cancellation within the notice periods set out in Section 5.1. Late payment is subject to Section 3.5.

Pike reserves the right to adjust the License Fee up to 8% per year to cover increasing costs and inflation. Changes will become effective from the beginning of the next License Period.

Prices are exclusive of VAT, Sales Taxes, GST or any other applicable taxes. VAT only applies to Danish customers.

If the Customer fails to pay the License Fee by the due date stated in the applicable invoice or as otherwise agreed in writing, the following shall apply:

(a) Statutory Interest. Interest shall accrue on any overdue amount from the day immediately following the due date until payment is received in full, at a rate equal to the Danish National Bank's reference rate plus eight (8) percentage points per annum, in accordance with the Danish Interest Act (Renteloven, §5). Interest accrues automatically and without requirement of prior notice or reminder.

(b) Fixed Compensation Fee. In addition to accrued interest, Pike is entitled to claim a fixed compensation fee of EUR 40 per outstanding invoice for debt recovery costs, in accordance with Denmark's implementation of the EU Late Payment Directive (2011/7/EU). This applies regardless of the size of the outstanding amount.

(c) Suspension of Access. If any License Fee remains unpaid for more than 14 days after the due date, Pike reserves the right to suspend the Customer's access to the Services without further notice. Suspension does not constitute termination of the LA. The Customer's payment obligations, including accrued interest, continue in full during any period of suspension.

(d) Recovery Costs. Costs arising from non-payment, including reminders and debt collection, are governed by Section 3.6.

(a) Payment Reminders (Rykkergebyrer). Before referring an outstanding debt to a debt collection agency, Pike may issue up to three (3) written payment reminders. Each reminder shall carry a reminder fee (rykkergebyr) of DKK 100, in accordance with applicable Danish executive orders on debt collection activity. Each reminder shall afford the Customer a minimum of 10 days to settle the outstanding amount. Reminder fees are added to and form part of the total outstanding debt.

(b) Referral to Debt Collection. If the Customer fails to settle an outstanding amount following the reminder process in Section 3.6(a), Pike is entitled to refer the matter to a licensed debt collection agency (inkassobureau) in accordance with the Danish Debt Collection Act (Inkassoloven). Pike may do so without further notice to the Customer.

(c) Inkasso Costs. Upon referral to a debt collection agency, the Customer shall be liable for all resulting costs, including the agency's statutory fees (inkassosalær) calculated in accordance with the applicable executive order on debt collection, as well as any court fees, enforcement costs, and legal representation costs incurred in recovering the outstanding amount.

(d) Continued Interest Accrual. Referral to a debt collection agency does not suspend the accrual of interest under Section 3.5(a). Statutory interest continues to accrue on the outstanding principal until full payment is received.

(e) International Customers. For Customers established outside Denmark, the same reminder and collection process applies by virtue of Section 8.4 (Governing Law and Venue). Pike reserves the right to engage local enforcement mechanisms in the Customer's jurisdiction where necessary to recover outstanding amounts, and the Customer shall be liable for any additional costs reasonably incurred in doing so.

The Customer gains access to the Services at app.usepike.com.

Customer's access to and use of the Services must at all times be in accordance with the terms of this LA. Upon any violation of this LA by the Customer, Pike may (but has no obligation to) terminate, suspend or restrict the Customer's access to or use of the Services.

The Services may not be used for any illegal or unauthorized purpose, including any way that violates copyright or other laws applicable to the Customer. In particular, the Customer must not upload, post, host, transmit or otherwise make available to others illegal unsolicited email, text messages (SMS), or spam messages through the Services. The Customer must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the Services.

The Customer is responsible for ensuring that any processing of personal data by or using the Services complies with applicable law on the processing of personal data.

The Services may not be accessed or searched or attempted to be accessed or searched by any means (automated or otherwise) except through the interfaces currently made available by Pike. The Services may not be used in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This includes excessive or extraordinary use of bandwidth. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.

Pike does not pre-screen content provided by the Customer or Third Parties and shall not be responsible for content accessed or made available to others through the Services. Pike may (but has no obligation to) remove such content and accounts containing said content that Pike determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive.

The Customer is responsible for and assumes all risks for the Customer's use of the Services and for any content accessed or made available to others through the Customer's account (even if that content is accessed or made available by others). The Customer is responsible for the security of the Customer's account details, and Pike cannot be held responsible for any breach of security due to negligence on the Customer's part.

Pike is entitled to use Third Party vendors, suppliers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Unless specifically stated otherwise, the Customer accepts that the technical processing and transmission of the Services may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Support to the Customer will be provided by Pike, as applicable, on terms outlined in the specification section of this LA.

Either party may terminate the LA by providing written notice prior to the end of the applicable License Period as follows:

For quarterly subscriptions, termination requires a minimum of 30 days' written notice.

For annual or longer subscriptions, termination requires a minimum of 90 days' written notice.

License Fees are non-refundable.

For Customers accessing the Services via a free trial, the trial can be canceled at any time before the trial period ends. If credit card information has been provided during trial sign-up (e.g. via Stripe), the Customer will only be charged after the trial period expires. If the Customer cancels the trial before its expiration, no charges will be applied, and access to the Services will end at the trial's conclusion.

Pike or the Customer may terminate the License immediately and without notice if any of the parties materially breaches any term of this LA. In any case of termination, by Pike or the Customer, pursuant to this Article, the Customer shall not be entitled to any reimbursement of License Fees.

Pike guarantees that the Services will include the features described, from time to time, on usepike.com and that the Services will be available to the Customer on an average of at least 99.5% of a calendar year, not including any downtime due to planned or critical updates to the Services.

Except as pointed out above, Pike does not make any warranties, representations or conditions about the quality, accuracy, security, reliability, completeness, quiet enjoyment, currency, timeliness of the Services, conditions of merchantability, fitness for a particular purpose or non-infringement.

Pike's liability towards the Customer shall be limited to direct losses resulting from a breach of the limited warranty in Article 6.1 or the Services not conforming with the terms of this LA and general market standards for comparable Services. Pike's liability for simple negligence and liability for indirect, special, exemplary, punitive or consequential loss or damage, lost profits or savings, business interruption, loss of programs or data (including any content), lost revenue or failure to realize expected savings, loss of use, costs, fines, fees, penalties, or any other loss whether sustained by the Customer or others directly or indirectly making use of the Services is expressly excluded.

Pike's liability for product liability, strict liability, and statutory liability is excluded to the maximum extent permitted under applicable law.

To the extent permitted by applicable law, Pike's total, aggregate liability under this LA, howsoever arising, shall be limited to an amount equivalent to the License Fee paid for the License Period in which the circumstances forming the basis of the claim occurred.

The Customer shall give Pike written notice of any claims and losses without undue delay after the Customer becomes aware of such. Any claims and losses not notified as set out herein, or which could have been avoided by the Customer shall be forfeited.

The Customer shall indemnify Pike for third-party claims resulting from the Customer's material breach of this LA.

The LA constitutes the entire agreement between the Customer and Pike and governs the Customer's use of the Services, superseding any prior agreements between the Customer and Pike (including, but not limited to, any prior versions of the LA).

The Customer shall keep confidential any information or knowledge of the Services and its components ("Confidential Information") that the Customer obtains through the use of or access to the Services or otherwise. Pike shall keep confidential any information or knowledge about the Customer's business and internal processes attained during the delivery of the Services, unless such information was or becomes publicly known, or the express permission by the Customer is given to relay this information.

In the license period, Pike may rightfully use the Customer's company name, corporate logo and trademarks for referential use. Pike agrees to follow the Customer's trademark guidelines and policies provided these have been communicated unambiguously by the Customer to Pike. Proper identification of the Customer's trademarks includes marking them with the appropriate trademark symbol (® or TM).

The terms and conditions of this LA and the use of the Services are governed by the laws of Denmark, excluding its principles of conflicts of laws. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the District Court of Copenhagen (Københavns Byret), located at Domhuset, Nytorv, 1450 København K, Denmark.