Terms of service

Moodup provides software as a service that measures employee engagement and its factors. The following terms and conditions apply to the service:

Background

By using the service of Moodup ehf. (hereinafter "Moodup"), the workplace (hereinafter "the client") agrees to the following terms and conditions. By accepting these terms and conditions on behalf of the client, the person confirms that they are authorized to do so.

The Service

  1. The service includes a survey distribution system, tools for managing the workplace, staff, and users, and a dashboard to access measurement results and anonymous feedback from employees.
  2. Moodup shall provide the client access to the aforementioned service for the duration of the service agreement.
  3. Moodup shall provide necessary technical maintenance and updates to ensure the service functions properly.
  4. Moodup shall ensure the security of the service and the processed data from a technical perspective. Further information regarding the security measures implemented by Moodup can be found at moodup.com/security.
  5. Moodup shall ensure that the service is available to the client at a minimum of 99% of the time in each calendar month, with the following exceptions: (i) downtime due to client's inaction or technical issues; (ii) previously defined and notified downtime of at least one week in advance; (iii) downtime caused by circumstances beyond Moodup's control.
  6. Technical support through email and messaging system is included in the service. Any additional technical support or training, such as phone, video conference, or in-person, is subject to Moodup's pricing.

Pricing and Payment Terms

  1. Moodup and the client have signed a service agreement specifying the price of the service and the number of included employees. The prices for other service components are stated in Moodup's price list. The price list is available at moodup.com/fees.
  2. Moodup issues an invoice in the next calendar month following the month in which the service was provided. The payment deadline is set to the 15th day of the same calendar month. After that, overdue interest will be charged. If payment has not been received within 10 days after the payment deadline, Moodup is authorized to suspend the service or terminate the service agreement without prior notice, provided that written notification of such action has been sent to the client.

Termination Clause

  1. The service agreement is valid from the date of signing and remains in effect until either party terminates it. Termination takes effect at the end of a calendar month.
  2. During the first 30 days from the date of signing, there is no notice period. After that, the notice period is three months from the date of termination.
  3. The service agreement may be terminated without notice if either party: (i) significantly breaches its obligations and fails to remedy them within 30 days of written notice from the other party; (ii) undergoes payment default, financial restructuring, or bankruptcy.

User Rights

  1. Moodup grants the client the right to use the software-as-a-service for the duration of the service agreement. The client undertakes not to grant access to the service to anyone other than its employees.
  2. Both parties are responsible for obtaining the necessary licenses and rights to fulfill their obligations under the service agreement.
  3. The client confirms and is responsible for having the necessary permissions and rights to store and process data sent to Moodup according to the service agreement.

Confidentiality

The parties undertake to respect confidentiality by not disclosing the content of the service agreement or any information obtained through it to third parties.

Personal Data

  1. To fulfill the service agreement, Moodup will process data containing personal information on behalf of the client. In such processing, the client is the data controller, and Moodup is the data processor. The parties have therefore entered into a data processing agreement that describes the terms of such processing.
  2. Personal data belonging to the client will be processed by Moodup as the data processor. All such processing shall comply with applicable data protection laws and regulations.
  3. Moodup shall make its privacy policy accessible to anyone during the term of the agreement. The privacy policy can be found at moodup.com/privacy.

Subcontractors

The parties are free to use subcontractors to handle the information they have access to due to the service agreement, as required, as long as the respective parties undertake to respect the provisions on confidentiality, data protection, and personal data processing in the same manner as the contracting parties.

Changes to the Terms

  1. Moodup reserves the right to change these terms and conditions but shall notify the client of any changes at least 15 days in advance. Moodup shall notify the client of the changes via email and by making the updated terms accessible at moodup.com/terms.
  2. If the client rejects a change to the terms within 15 days after receiving notification via email, the client is deemed to have accepted the amended terms. If the client rejects the amended terms within the specified period, such rejection shall be considered equivalent to termination of the agreement in accordance with the aforementioned provisions, and the terms that were last in effect between the parties with mutual consent shall apply during the notice period.
  3. These terms shall indicate the last date of modification. These terms were last modified on March 19, 2022.