Terms of use

Effective Date: 6th of February 2024

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the MyStick.dk website, mobile or tablet application, or any other feature or other MyStick platform (collectively, “Our Website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you are not allowed to access and use Our Website. In these Terms, “we”, “us”, “our” and “MyStick” refers to IndexIt ApS (CVR no. 44273012), and “you” and “your” refers to you, the user of Our Website.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may modify these Terms for any reason-at any time-by posting a new version on Our Website. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate stop using Our Website.

For purposes of the agreement, unless otherwise herein stated, the term “user” shall include both individuals that register with us as well as organizations and their representatives that register in the website. Organizations and organizations’ representatives are also subject to additional terms and conditions that apply specifically to them.  

IndexIt ApS is under no obligation to accept any organization or individual as a user and may accept or reject any registration in its sole and complete discretion.

Our website contains data used in accordance with terms of use for Danish public data. You are welcome to read about terms of use of Danish public data and Promulgation of the Act on the Central Business Register.

We do not accuse nor indicate criminal activity

We do not accuse nor indicate any organization nor any organization member of committing or having committed any crime in the past, the present or the future. We define corruption as the abuse of entrusted power for private gain, which includes but is not limited to loafing, nepotism, and conflict of interest. Our definition of corruption does not imply nor indicate criminal activities like fraud or extorsion.

We measure the probability of corruption to prevail based on common standards for all organizations of all types (“measurement” or “measurements”). See the common standards we use to measure organizations’ corruption here

We use a common standard for all organizations to achieve accuracy, comparability, and fairness. That means, the common standards are not developed and used with the goal to harm any specific individual, organization or group of organizations but to provide a service of public interest based on the principles of fairness and equality. We may modify our common standards for any reason-at any time-by posting a new version on Our Website.

The corruption scores we calculate and the reports we publish about each organization are a probability. In other words, our measurements are non-deterministic estimations. We aim to make our estimations as accurate as possible but we, together with our officers, directors, employees, representatives, shareholders, affiliates, and providers, to the extent permitted by law, hereby expressly exclude any responsibility and liability for any loss, damages, injury, death, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including-without limitation-lost profits, loss of revenue, loss of opportunity or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with our corruption measurements, analysis and reports. Please read below to know more about how our liability is limited. 

The data we use to calculate organizations corruption score is obtained from the Danish Central Business Register (CVR) or is directly provided by the organization and its employees. 

The data we use from the Danish Business Central Register is public. That means that everyone with access to our website is able to verify the result our calculations by using the same inputs and formulas as we do. Please contact us if you find any error in our calculations and we will fix it as soon as possible.

The Content and related materials have been published here solely for informational purposes.

Intellectual Property

We own all of the text, images, software, trademarks, service marks and other material contained on Our Website except User Content. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-MyStick product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the services, including but not limited to all content, user content, services, digital products, tools or products, is hereby expressly prohibited.

Use of Our Website

You may only use and register to become a user of Our Website if you are of sufficient legal age and can enter into binding contracts. If you become a registered user you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access with your credentials. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your information that is affected.

If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.

By using Our Website, you agree to comply with laws that apply to Denmark and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission from MyStick:

(i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of MyStick pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;

(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;

(iii) deep-link to any portion of Our Website for any purpose;

(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;

(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;

(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;

(vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law;

(viii) use Our Website to collect or store personal data about others;

(ix) use Our Website for any commercial purpose; or

(x) transmit any ad or promotional materials on Our Website

You are granted a limited, non-exclusive right to create a “hypertext” link to Our Website provided that such link does not portray MyStick or Our Website in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatever.

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website.

Your Intellectual Property Rights

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please contact us through our contact forms.

User Content: Licenses

As noted above, the website provides registered users the ability to post and upload user content (“User Content”).

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant IndexIt ApS a non-exclusive, royalty-free, perpetual, transferable, sub-license license to modify, compile, combine with other content and data, copy, record, synchronize, format, and index your User Content and display, perform, sub-license, commercialize, and make it available to others in all media now known or hereafter devised, including, without limitation, through the website.

If you submit User Content to us, each such submission constitutes a representation and warranty to IndexIt ApS that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by IndexIt ApS does not and will not violate our guidelines.

You expressly acknowledge and agree that once you upload User Content, it will be accessible and viewable by IndexIt ApS and others. You can find more information in our Privacy Policy about IndexIt ApS privacy practices concerning personal data you share with us, but please note that if you share even personal data on the website, you are sharing it with others outside of IndexIt ApS and we are not responsible for its safeguard or security.

Warranty Disclaimer

Neither IndexIt ApS, its affiliates nor any data provider make any warranty, express or implied, as to the accuracy, timeliness or completeness of this website, content or User Content as to the results to be attained by you or others from the use of the content or User Content. You hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that it has not relied upon any warranty, guaranty or representation made by IndexIt ApS, its affiliates or any data provider, except the representations made by IndexIt ApS specifically set forth in this terms of use.

Our Website, all content, User Content and services provided on Our Website that you obtain through are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. Accordingly, we do not always display the correct corruption score and reports based on our common standards. MyStick expressly disclaims-to the fullest extent permissible-all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

Our Liability Is Limited

Neither IndexIt ApS, its affiliates nor any data provider shall in any way be liable to you or any client of you for any inaccuracies, errors or omissions, regardless of cause, in the content or User Content provided hereunder or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, IndexIt ApS shall have no liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any measurement, analysis, reports, or any other conclusions, or any course of action determined, by you or any client of you, whether or not based on this website, content or User Content.

We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content or User Content from Our Website or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including-without limitation-lost profits, loss revenue, loss of opportunity or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, our content or User Content; (ii) any failure or delay (including-without limitation-the use of or inability to use any component of this Website). Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

IndexIt ApS measurements and reports are not intended for use by investors, and it would be reckless for them to consider our measurements, scores and reports in making any investment decision. If in doubt you should contact your financial or other professional adviser.

IndexIt ApS shall have no liability, contingent or otherwise, to you or to any third party, for: the content, User Content, any ranking, placement of the content, User Content or any ranking, or access to the content or User Content, including, but not limited to, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness of the content or User Content or for delays, omissions, or interruptions in the delivery of the content or User Content, or for any other aspect of the content or User Content or your reliance upon the content or User Content. IndexIt ApS is not liable for any loss or damages including, but not limited to: claims for defamation, errors, loss of money, or interruption in availability of content or User Content arising out of the use or inability to access the content, or User Content or any links; the ranking or placement of the content or User Content; or your reliance upon the content, User Content or information obtained from or through the website or through links contained on the website. In no event will IndexIt ApS be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the content or User Content, even if IndexIt ApS has been advised of the possibility of such damages. IndexIt ApS will have no responsibility to inform you of any use by IndexIt ApS or third parties with respect to the content or User Content or to take or refrain from taking any action in connection therewith.

Severability

These Terms shall apply to the extent permitted by law.  If any portion of these Terms are held invalid or unenforceable under any applicable law, the remainder shall remain binding and enforceable.

You Agree to Protect Us

Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including-without limitation-reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, or the Intellectual Property.

Arbitration and Waiver

THESE TERMS REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT ACCESS OR USE THE SITES OR SERVICES OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.

YOU AGREE THAT THESE TERMS ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THE SITES AND THE MATERIALS AND INFORMATION AVAILABLE ON THE SITES AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR USER CONTENT.

If you intend to seek arbitration, you must first send to IndexIt ApS, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company must be sent to press@indexit.dk. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Danish Arbitration Act. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and IndexIt ApS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

Unless unlawful, IndexIt ApS will pay its-and you will pay your-lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favour of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING-IN ANY WAY-TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.

Links

Our Website may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate Terms, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.

General Requirements

We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site.

If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website.

To the extent permitted by law, the laws of Denmark, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, or these Terms, or our services, you agree to file such action only in Denmark; if you are a consumer, the law may allow you to also bring proceedings in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action.

The corruption scores are not recommendations to purchase, hold, or sell any securities and do not address the suitability of any security for investment decision making or for investment analysis, compliance or research purposes related to IndexIt ApS investment, performance, and practices in any particular jurisdiction. The content, including, without limitation, the corruption scores, should not be relied on and is not a substitute for the skill, judgment and experience of the user, its management, employees, advisors and/or clients when making investment and other business decisions.

You acknowledge that your use of the content, including, without limitation, the IndexIt ApS corruption scores, shall not be for any unlawful or unauthorized purposes.

The content, including without limitation, IndexIt ApS corruption scores, or any portions thereof may not be (i) modified, reverse engineered, reproduced, or distributed in any form or by any means, or stored in a database or retrieval system, (ii) used to create any derivative works; (iii) used as the input value or the constituent for the creation, structuring, development, calculation, maintenance, publication, distribution or any other means to derive or establish a financial index or investment strategy; (iv) used as a component of or as the basis for corporate financing (including, without limitation, scores-linked loans, credit facilities) or (v) used for any investment product or financial instrument to be developed, issued, traded, sold, marketed and/or promoted, including, without limitation, a security whose capital and/or income value is calculated based on changes in value of any index or any indexed fund based on the content in whole or in part or passively managed funds.

Your Feedback

We encourage you to share your comments and questions with us (“Feedback”), but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability because of any similarities between those ideas and materials that may appear in future MyStick products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of MyStick. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

Donations

Complains related to donations can be made to the Danish Collection Board (Indsamlingsnaevnet).

This is a link to their website: https://civilstyrelsen.dk/sagsomraader/indsamlingsnaevnet/

This is their contact information:

Civilstyrelsen
Toldboden 2, 2. sal
8800 Viborg

civilstyrelsen@civilstyrelsen.dk
Digital post til Civilstyrelsen

Telefon: 33 92 33 34
Mandag-fredag kl. 09.00 – 12.00

CVR: 11570119

Violation of these terms of use

You agree that IndexIt ApS may, in its sole discretion and without prior notice, terminate your access to this Website or certain content and/or block your future access to this Website or certain content if IndexIt ApS determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to IndexIt ApS, for which monetary damages would be insufficient, and you consent to IndexIt ApS obtaining any injunctive or equitable relief that IndexIt ApS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies IndexIt ApS may have at law or in equity.

You agree that IndexIt ApS may, in its sole discretion and without prior notice, terminate your access to this Website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this Website or any service offered on or through this Website, or (iv) unexpected technical issues or problems.

If IndexIt ApS does take any legal action against you as a result of your violation of these Terms of Use, IndexIt ApS will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to IndexIt ApS. You agree that IndexIt ApS will not be liable to you or to any third party for termination of your access to this Website as a result of any violation of these Terms of Use.