Terms of service

These terms of service (the "Terms") apply to any use of the digital case platform (the "Platform") provided by SmallClaims ApS, CVR no. 43188739, Sortedam Dossering 55 (the "Company", "we", "us").

The Terms apply between the Company and the natural or legal person who creates an account or uploads content to the Platform (the "Customer", "you"). If a person acts on behalf of a business, that person warrants that they are authorised to bind the business.

The Terms supplement the separate engagement agreement or cooperation agreement on case handling (the "General Terms and Conditions"). In the event of any inconsistency, the General Terms and Conditions take precedence over the Terms, unless expressly stated otherwise.

By creating an account or uploading content, the Customer accepts the Terms. If the Customer does not accept the Terms, the Platform may not be used.

The Platform enables the Customer to create Cases, upload documentation and follow the progress of a case digitally.

The Company uses User Content to handle the Customer's Cases, including sending demands for payment and reminders, filing cases with the bailiff's court and the courts, and communicating with Counterparties, cf. the Company's General Terms and Conditions.

The Platform is a case-handling tool. Unless otherwise agreed in writing, access to the Platform does not include legal advice on the Customer's legal position, and the Company is not obliged to assess whether a claim can or should be pursued beyond what follows from mandatory law and good debt collection practice, cf. the Company's General Terms and Conditions.

The Customer must provide correct and complete information when creating an account and keep it up to date.

The Customer is responsible for keeping login details confidential and for all actions taken via the Customer's account, including by Users. The Customer must notify the Company immediately if unauthorised access is suspected.

The Company may require identification, including via MitID Erhverv (MitID Business) or equivalent, before an account is activated or before certain actions are performed.

The Customer has full and sole responsibility for User Content, including its accuracy, completeness, authenticity and lawfulness.

The Customer warrants that:

• Claims created are legitimate, due and undisputed, unless the Customer expressly discloses an objection;
• information about Counterparties, amounts, interest, fees and due dates is correct;
• documents are genuine and have not been altered in a misleading way;
• the Customer owns the rights invoked in a Copyright Case, or holds a power of attorney from the rights holder;
• the Customer has a lawful basis for collecting, processing and disclosing personal data in the User Content to the Company;
• the upload, and the Company's use of User Content in accordance with the Terms and the General Terms and Conditions, does not infringe third-party rights, including copyright, trademark rights, confidentiality or privacy.

The Customer must notify the Company immediately if the Customer becomes aware that User Content is incorrect or incomplete, or that a Claim has been paid, reduced or disputed.

The Customer must keep originals and backup copies of User Content. The Platform is not an archive, and the Company is not liable for any loss of the Customer's own data.

The Customer may not upload, or attempt to recover or pursue via the Platform:

• claims that the Customer knows or ought to know are unjustified, time-barred or already paid;
• forged, manipulated or misleading documents;
• material containing malicious code or capable of compromising the security of the Platform;
• personal data, including sensitive data and CPR numbers (Danish civil registration numbers), beyond what is necessary for handling the Case;
• content that is otherwise unlawful.

In Copyright Cases, the Customer may upload copies of the allegedly infringing material where necessary as documentation. Such material may only be used as evidence in the Case.

The Customer may not use the Platform to harass, threaten or pressure Counterparties, or to circumvent the rules of the Danish Debt Collection Act (inkassoloven) and good debt collection practice.

The Company handles the Customer's Cases on the basis of the User Content supplied by the Customer and is entitled to rely on the User Content without independently verifying its accuracy, authenticity or lawfulness.

The Company has no general obligation to monitor or check User Content. If the Company carries out spot checks or controls, it does so for the sake of its own obligations, and this does not mean that the Company assumes responsibility for the content.

The Company is not liable for losses, claims, costs, fines or other consequences arising from User Content being incorrect, incomplete, forged, unlawful or infringing third-party rights, including:

• legal costs imposed on the Customer or the Company because a Claim, Copyright Case or other claim proves to be unfounded;
• claims for damages from Counterparties or third parties;
• losses due to limitation (time-barring) because the Customer created a Case too late or with insufficient information, cf. the Company's General Terms and Conditions, clause 10.

The disclaimer in this section does not apply if the loss is caused by the Company's intent or gross negligence, or to the extent liability cannot be disclaimed under mandatory law, including the Danish Debt Collection Act.

The Customer must indemnify the Company against any claim, loss, legal costs, reasonable attorney's fees, fines and other expenses incurred by the Company as a result of:

• User Content, including it being incorrect, unlawful or infringing third-party rights;
• the Customer's breach of the Terms, including the warranties in section 5;
• claims from Counterparties, authorities or third parties arising from a Claim or Copyright Case that proves to be unjustified.

The Company must notify the Customer of a claim covered by section 8.1 within a reasonable time. The Company may not settle such claims without the Customer's consent, which may not be withheld without objective grounds, cf. the Company's General Terms and Conditions, clause 8.

The indemnity does not apply to the extent the loss is caused by the Company's own errors or omissions.

The Company is liable under the general rules of Danish law, subject to the limitations set out in the Terms.

The Company is not liable for indirect losses, including operating losses, loss of profit, loss of goodwill and loss of data.

The Company is not liable for circumstances beyond its control (force majeure), including outages of court or government systems (e.g. minretssag.dk), power failures, cyberattacks, strikes or changes in legislation.

The limitations in this section do not apply in cases of intent or gross negligence, nor to the extent liability cannot be limited under mandatory law.

The Customer retains all rights to User Content.

The Customer grants the Company a non-exclusive, royalty-free right to store, copy, adapt, translate and disclose User Content to the extent necessary to provide the Platform and handle the Customer's Cases, including presenting it to courts, the bailiff's court, authorities and Counterparties.

The right under 10.2 ends when the Case is closed; however, the Company may retain User Content for as long as required by law, including the Danish Bookkeeping Act (bogføringsloven), or as necessary to establish, exercise or defend legal claims.

All rights to the Platform, including software, design and trademarks, belong to the Company or its licensors.

The Company processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Danish Data Protection Act, as further described in the Company's privacy policy.

The Company is the data controller for the processing of the personal data we have received.

The Customer is responsible for having a lawful basis for disclosing personal data in the User Content to the Company, and for having provided the data subjects with the information the Customer is obliged to provide.

The Company treats User Content confidentially and uses it only for the purposes set out in the Terms and in the Company's General Terms and Conditions.

The Company may, without notice, remove or block User Content, refuse to handle a Case or suspend the Customer's account if the Company has reasonable grounds to believe that User Content is unlawful, infringes third-party rights or violates the Terms, or if required by an authority or court.

Third parties may report unlawful content to legal@smallclaims.ai. The Company handles reports within a reasonable time and informs the Customer of significant steps, with reasons, unless this is precluded by law or by consideration for pending proceedings.

The Company is not liable for losses suffered by the Customer as a result of a justified removal, refusal or suspension under this section.

The Company may, without notice, remove or block the Customer and the Customer's access to the Company's platform, refuse to handle a Case or suspend the Customer's account.

The Company endeavours to keep the Platform available and secure but does not guarantee uninterrupted or error-free operation.

The Company may carry out scheduled maintenance and will, as far as possible, give notice of this on the Platform.

The Customer may not rely solely on the Platform being available to meet deadlines, including limitation and procedural deadlines. The Company is not liable for missed deadlines caused by the Customer uploading material too late, unless the deadline was missed due to the Company's error, cf. the Company's General Terms and Conditions, clause 10.

The Company may amend the Terms with 30 days' notice by announcement on the Platform or by email. Changes required by law or for security reasons may be implemented with shorter notice.

Continued use of the Platform after the changes take effect is deemed acceptance. If the Customer does not wish to accept the changes, the Customer may terminate the account before they take effect.

The Customer may terminate its account with 30 days' notice. Termination does not affect Cases already being handled, which will be completed in accordance with the Company's General Terms and Conditions.

Sections 5, 7, 8, 9, 10.3 and 15 continue to apply after the Terms end.

The Terms are governed by Danish law.

Disputes that cannot be resolved through negotiation shall be settled by the Copenhagen City Court (Københavns Byret) as the court of first instance.

If the Customer is a consumer, the Customer may always bring proceedings before the court of their own place of residence and has access to the complaint options available under consumer protection legislation.

These Terms have been prepared in both Danish and English. In the event of any inconsistency or doubt as to interpretation between the Danish and the English version, the Danish version shall always be applied and take precedence.