En indsats, som for de fleste virksomheder blot kræver et par mindre tilretninger, er salgs- og leveringsbetingelserne hvor det også er nødvendigt at bruge lidt energi på at sikre at din virksomhed lever op til forordningen.

Forordningen understreger såvel i betragtningerne[1] som flere steder i artiklerne, at din kommunikation med modtageren/kunden/forbrugeren skal være letforståelig, enkel og tilgængelig. Det er sjældent at salgs- og leveringsbetingelser leverer på denne præmis, måske især fordi de som regel er skrevet af jurister ;)

Her i det følgende vil jeg gennemgå en sådan en af slagsen, men hvor virksomheden har lavet, hvad jeg finder er en slags geni-streg: de har indføjet en "menneskelig" sætning, før hvert afsnit! Det er på engelsk, og jeg har ikke oversat den, men det specifikke indhold er ikke så exceptionelt vigtigt, som anslagene, organiseringen, de enkelte afsnit, osv

Kommentar
Det starter allerede inden betingelserne, så vi er klar over, hvordan virksomheden har grebet opgaven an! Jeg har valgt at 'farve' disse menneskelige forord blå, så de er nemmere at spotte!
Human language: Just before each section we’ve included some words in italics that are not part of the agreement. They are meant to explain in more human terms the intent behind each section. We actually want you to read this stuff, so hopefully these words help you to do just that.

FullStory, Inc. (“FullStory,” “we,” “us” or “our”) and the person or entity agreeing to these terms (“Customer” or “you”) would like to set out the general terms and conditions for (i) you to access and use the FullStory Services and provide Customer Data to FullStory and (ii) FullStory to provide the Services to you and use the Customer Data when performing the Services.

BY CLICKING ACCEPT TERMS, YOU ARE AGREEING TO THE TERMS IN THIS AGREEMENT. Customer and FullStory agree that this Agreement along with Customer’s order for the Services (“Order”) is effective on the date Customer orders the Services by clicking the “Accept” button as part of the ordering process, and accepts these terms. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to commit the entity to the Agreement and the term “Customer” or “you” will refer to that entity. If you do not have this authority, are under the age of 18 or if you do not agree with the Agreement, you must not select the “Accept” button or accept these terms and you may not access or use the Services.

Kommentar
I betingelserne har virksomheden angivet link til privatlivspolitik - og et link til en politik, FullStory kalder 'acceptable-use', som beskriver hvad de gerne vil, at du bruger deres tjeneste til, og også en del om, hvad de ikke vil at du bruger tjenesten til!
MAKE SURE YOU READ THIS AGREEMENT, THE ORDER, THE PRIVACY POLICY AND THE ACCEPTABLE USE POLICY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO USE FULLSTORY. The Order provides the specific terms and conditions regarding Customer’s subscription for the Services, such as User limitations, pricing methodologies and the length of the term FullStory will provide the Services (“Subscription Term”). These terms and conditions, the FullStory Privacy Policy located at https://fullstory.com/legal/privacy and the FullStory Acceptable Use Policy located at https://fullstory.com/legal/acceptable-use in addition to the Order, is the “Agreement” between Customer and FullStory.
Section 1 This section is an attempt by our legal team to shorten the [already excruciatingly] long agreement by pre-defining some terms and then using them throughout the rest of the document.

Definitions.

In addition to the terms otherwise defined in this Agreement or an Order, the following terms have the definitions below:
1.1. "Customer Data” means any content, data, information or material that is recorded by, submitted to or stored by, the Services, including, but not limited to, Personal Data.
1.2. “Personal Data” means all information relating to a person that identifies such person or could reasonably be used to identify such person, including but not limited to, as first and last name, home address, billing address, or other physical address, email address, telephone number and Sensitive Data, if any.
1.3 “Sensitive Data” means any information that: (a) requires a high degree of protection by law and where loss or unauthorized disclosure would require notification by Customer to government agencies, individuals or law enforcement, (b) any information that, if made public, could expose individuals to a risk of physical harm, fraud, or identity theft. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted regarding data protection or privacy, including, but not limited to, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act and the Gramm-Leach-Bliley Act
1.4. “Services" means the content, features, functionality, tools, data, software applications and APIs provided by FullStory via http://fullstory.com and/or other designated websites as described in the User Guide, that are ordered by Customer in an Order, as updated from time to time.
1.5. "User Guide" means the online user guide for the Services accessible at help.fullstory.com, as updated from time to time.
1.6. "Users" means individuals who are authorized by Customer to use the Services, for whom subscriptions to the Services have been purchased under an Order, and who have been supplied user identifications and passwords by Customer (or by FullStory, at Customer’s request). Users may include Customer’s employees, consultants, contractors and agents or third parties with which Customer transacts business.

Section 2 This section lets you know that you don’t own FullStory. Your subscription just gives you the right to use it while you’re a customer.

License Grant.

Subject to the terms and conditions of this Agreement and the Order, ...

Section 3 This section explains how we really, really don’t want you to send us sensitive, personal information. If you do so by accident, please let us know so we can help make it right!
Kommentar
Jeg ved ikke om den slags regler vil blive accepteret - men det er da et forsøg værd! FullStory forsøger ihvertfald her, at padle baglæns ud af ethvert ansvar for personlige oplysninger.
Når man får at vide, at FullStory er en web service, der fungerer som en VCR på din hjemmeside, såhhh synes jeg måske paragraf 3 bliver leeeet ulden!

Customer Data.

Customer agrees that it will not provide any Sensitive Data to FullStory. If Customer discovers that due to human error or otherwise, Customer Data does include Sensitive Data, Customer will promptly notify FullStory and provide sufficient information to FullStory to locate such Sensitive Data and FullStory will scrub its systems and the Sensitive Data in its control or possession. FullStory will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data and will comply with the FullStory Privacy Policy. As between Customer and FullStory, Customer owns all Customer Data and except as specifically provided in this Agreement or otherwise agreed to in writing between the parties, FullStory has no right to such Customer Data. Customer grants to FullStory a non-exclusive royalty-free license to access and use Customer Data in order to provide the Services to Customer and as necessary to monitor and improve the Services. FullStory will not (a) disclose Customer Data except as compelled by law or as expressly permitted in writing by you, or (b) access Customer Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters. For the avoidance of doubt, FullStory may use, reproduce and disclose Customer Data that is anonymized, de-identified, or is otherwise not reasonably associated or linked to Customer (or any other identifiable individual person or entity) (“Anonymized Data”) for product improvement and other purposes consistent with FullStory’s Privacy Policy. This right to use Anonymized Data will survive termination of this Agreement. Customer, not FullStory, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data.

Section 4 This section addresses confidentiality. We’ve all got confidential information as part of running a business. Please don’t share ours. We absolutely won’t share yours.

Confidentiality.

4.1. Confidential Information. Each party...

Section 5 This section is basically our version of The Golden Rule. If you wouldn’t want us to do it to you, then you probably shouldn’t do it to us. We’ve poured a lot of love and energy into the creation of FullStory, so we’d prefer that you play fair when using our service.

Customer Obligations.

Except as permitted ...

Customer acknowledges that FullStory ...

Section 6 This section is about service. We try our darndest to provide top notch customer support and product uptime, but know that we don’t walk on water.

Support.

Subject to the terms of this Agreement, FullStory will provide Customer with reasonable technical support services in accordance with FullStory’s standard support offering. Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform you if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Service.

Section 7 This section talks about who owns an idea. Our stuff is ours and your stuff is yours. If we build the awesome idea that you submitted as a feature request, that will count as our stuff.

Intellectual Property Ownership.

7.1. FullStory IP. Except for the limited right to access and use the Services under this Agreement and the applicable Order, Customer acknowledges and agrees that, as between the parties, FullStory (or its licensors) hav...

Section 8 This section is about customer privacy and how very, very seriously we take it. Please go read the Privacy Policy and Acceptable Use Policy.

Privacy & Security; Disclosure.

Customer agrees to comply with FullStory’s Privacy Policy and Acceptable Use Policy. FullStory reserves the right to modify the FullStory Privacy Policy and Acceptable Use Policy in its reasonable discretion from time to time.

Section 9 This section is about subscription payments. Please pay your bills, y’all. We can take away our service if you don’t.

Payment of Fees.

9.1. Fees. The Services are offered on a subscription basis...

Section 10 This section is about equal rights. You can leave us anytime. And although we really don’t expect this will happen, we reserve the right to leave you, too.

Term and Termination

10.1. Term. This Agreement will commence on ...

Section 11 This section is about what we will do and what we won’t do as a part of our agreement.
Kommentar
Her kommer paragraffer af den slags, som især amerikanske produkter og tjenester er kendt for - måske især fordi deres retssystem forsøger at 'lappe' på den manglende offentlige styring og regulering af erhvervslivet og dets tilgang til forbrugeren.
Det gælder disclaimers, warranty, indemnification, liability (11-13)

Representations & Warranties and Disclaimers.

11.1. Reps and Warranties. Each party represents ..

Section 12 This section covers that fancy word lawyers are always disagreeing over: indemnification. Basically, if you make a mess it is yours to clean up.

Indemnification.

12.1. Customer’s Indemnification of FullStory. Customer will indemnify, defend and hold harmless FullStory and ...

Section 13 This section proves that everyone has a limit. Here is ours.

Limitation of Liability.

YOU AGREE THAT FULLSTORY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, NO MATTER THE THEORY OF LIABILITY, WILL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES PAID OR OWED BY CUSTOMER ...

Section 14 This section is for Government entities, ‘cause they are special. Are you one of those? If so, please read this part.

Special Terms for Government Customers.

If Customer is a U.S. government entity, Customer agrees that the FullStory Products and any documentation provided by FullStory are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to Defense Federal Acquisition Regulation Supplement, codified under Chapter 2 of Title 48, United States Code of Federal Regulations, Section 227.7202, and Federal Acquisition Regulation, codified in Title 48 of the United States Code of Federal Regulations, Section 12.12. Any use, modification, reproduction, release, performance, display, or disclosure of the FullStory Products or documentation by the United States Government is governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.

Section 15 This section is about dispute resolution. If the need arises, we plan to be reasonable and hope you will be, too. If not, we might see you down in Atlanta.

Forum of Dispute.

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jur....

Section 16 This section is our mailing address. If you’ve got an important thing to say, please be sure we get the message in writing at the below address.

Notices.

Any notice under this Agreement must be given in writing. FullStory may provide notice to you via email or through your account. FullStory’s notices to you will be deemed given upon the first business day after we send it. You may provide notice to us by post to FullStory, Inc., 120 Ottley Drive NE, Suite 100, Atlanta, GA 30324, Attn: Legal. Your notices to us will be deemed given upon our receipt.

Assignment.

Customer agrees that it will not assign this Agreement without the prior written consent of FullStory. FullStory may assign our rights and obligations under this Agreement (in whole or in part) without your consent. Any attempted assignment in violation of this Section will be void.

Section 18 This section is a bunch of legal words that are pretty standard but according to our legal team must be said.

Miscellaneous.

18.1. Publicity. We may identify you as an FullStory customer in our promotional materials. You may request that...


  1. de næsten 200 præambler som kommer som en slags indledning til forordningen ↩︎