Terms of Service
Updated September 26, 2025
Opacity ApS
Flæsketorvet 68, 1
1711 København V, Denmark
VAT DK 43931733
1. Agreement
These Terms of Service set forth terms and conditions for licensing to Opacity ApS products.
The complete terms shall consist of the Parties' written agreement and these Terms of Service. An Agreement is deemed to be binding only when both parties have signed the Agreement or otherwise confirmed the Agreement in writing.
In the event of conflicting information and/or interpretation doubts in the complete terms, the Parties' written agreement takes precedence.
The Licensee's specification of special terms is not considered a deviation from these terms unless expressly agreed in writing between the Parties.
'Agreement' refers to the agreement between the Licensor and the Licensee as outlined in the written agreement and these Terms of Service.
'Licensor' refers to Opacity ApS.
'Licensee' refers to the physical or legal person whom the Licensor has entered into an agreement with regarding the delivery of the Licensed Software (also referred to as the “Customer”).
'Parties' refer to the Licensor and Licensee, and by “Party” one of these.
'Users' refers to the person or persons who have access to the Licensed Software, either as the Licensee or through their employment with the Licensee (also referred to as “Authorized Users”).
'Application' refers to The software solution provided by the Licensor: https://opacity.hr
'Terms of Service' refer to these terms, including subsequent additions and amendments.
'Usage Rights' refers to the usage rights that the Licensee obtains to the Licensed Software upon entering into the Terms of Service.
'Licensing Fee' refers to the ongoing fee that the Licensee pays the Licensor for access to the Licensed Software.
'Licensing Period' refers to the period that the Licensee has purchased access to the Licensed Software in accordance with the Terms of Service.
3.1 Scope of Usage Rights
3.1.1 Upon entering into the Licensing Agreement and paying the License Fee, the Licensee acquires a non-transferable and non-exclusive right to use the Licensed Software in accordance with the Licensing Agreement.
3.1.2 The Licensor reserves the right to monitor the Licensee’s use of the Licensed Software in accordance with the Licensing Agreement, including conducting license audits.
3.1.3 The Licensee and its Users may use the Licensed Software within the Licensee’s organization in accordance with the intended purpose of the Licensed Software, i.e., as a salary analysis and benchmarking platform.
3.2 Compatibility
3.2.1 The Licensee is responsible for having a usable browser software available for the use of the Licensed Software. The Licensee acknowledges that the use of the Licensed Software depends on the Licensee’s choice of browser software and the Licensee’s internet connection.
3.3 User Access
3.3.1 The Licensee is entitled within its organization to create the number of Users agreed in the Licensing Agreement. If a User is external and/or not internally employed within the Licensee’s company, the Licensee is entitled to create one (1) affiliated User free of charge.
3.3.2 Following the conclusion of the Licensing Agreement, the Licensee will receive one (1) invitation to create an administering User (Administrator). The Administrator can then invite other Users.
3.3.3 User access is personal and may not be used by anyone other than the User themselves.
3.3.4 The Licensee is responsible for ensuring that: (1) Customer data is complete, accurate, and up-to-date in all material respects, and (2) that the Licensee has lawfully collected Employee data and communicated it to the Licensor in accordance with applicable law, including data protection laws, so that the Licensor can use it to provide the Application as intended in this agreement.
3.4 Compliance with the Terms of Service
3.4.1 The Licensee is responsible for ensuring that Users comply with and are informed about the content of the Terms of Service.
4. Licensing Fee
4.1 Payment
4.1.1 All prices stated in the Licensing Agreement are excluding VAT. The License Fee is due for payment 30 days from the invoice date.
4.1.2 In case of delayed payment, interest will be charged in accordance with the Danish Interest Act. Any late payment constitutes a breach of this Licensing Agreement.
4.1.3 Failure to pay on time may result in temporary exclusion from the platform without this entitling the Licensee to claim any refund.
5.1 Licensor’s Rights
5.1.1 The Licensor or third parties from whom the Licensor derives rights hold the intellectual property rights to the Licensed Software. These intellectual property rights are not transferred in whole or in part in connection with this Licensing Agreement.
5.1.2 The Licensee is not entitled to obtain or attempt to obtain access to the source code of the Licensed Software. The Licensee is not entitled to perform any form of reverse engineering, including but not limited to decompiling or deobfuscating the software code of the Licensed Software in whole or in part.
5.1.3 The Licensee is not entitled to modify or distribute all or part of the Licensed Software in violation of the Licensor’s rights, including intellectual property rights. The Licensee is not entitled to breach any security mechanisms.
5.1.4 The Licensee’s knowledge of information, software code, and data about all or part of the Licensed Software must not be used to the detriment of the Licensor, including in connection with the exercise of competing business activity to the Licensor. Such knowledge must not be disclosed to other persons to the detriment of the Licensor.
5.2 Third Party Rights and Illegal Material
5.2.1 To the extent that data sources on the platform are subject to third-party intellectual property rights, the Licensee is subject to the general rules of law for copying and using these.
5.2.2 If the Licensor becomes aware of illegal, harmful, or rights-infringing material entered by the Licensee into the Licensed Software, the Licensor will take necessary steps to remove or prevent access to the material, including but not limited to excluding the organization temporarily or, if required under the circumstances, for an extended period. Such exclusion does not affect the Licensor’s right to terminate the Licensing Agreement or claim damages.
5.3 Licensee’s Actions in Violation of This Section 5
5.3.1 The Licensee understands that failure to comply with this section 5 of the Terms of Service constitutes a material breach of the Agreement.
6. Updates and Changes to the Product
6.1 The Licensee understands that the Product is in continuous development and that changes and updates to the Product are made regularly. The Licensor reserves the right to update and modify the Product at any time and without notice. Changes and updates made by the Licensor to the Product do not entitle the Licensee to make claims for breach of contract.
6.2 The Licensor shall endeavour to make updates at times where there is less usage on the Product where this is possible.
7.1 The Licensee is entitled to support both by phone and email during the Licensor’s normal business hours. The Licensor strives to provide support as quickly as possible, but the actual wait time will depend on the nature of the request. If the Licensor cannot provide support immediately or within one day, the Licensee will receive an estimate of the processing time.
7.2 Support is available by written request at hello@opacity.hr
7.3 The Product is licensed as-is and without any form of warranty. The Licensor continuously monitors the Product but does not guarantee that errors, inconveniences, interruptions, and the like will not occur. The Product is primarily a data platform whose purpose is to collect data and present it in a clear manner for the Licensee. The collected data includes a range of publicly available data, over which the Licensor has no control and/or ownership. The Licensor reserves the right for any changes in the source material and assumes no responsibility for any errors originating from the aforementioned sources.
8.1 General Liability
8.1.1 The Licensor is not liable for the Licensee’s indirect loss or consequential damages arising from the use of the Licensed Software, including but not limited to loss of operations, loss of profit, or lost earnings.
8.1.2 The Licensor’s service does not constitute legal advice or anything similar. The Licensor is not liable for any incorrect or incomplete advice, decision, or anything similar made by the Licensee based on information from the Licensed software or lack of access to the Licensed software.
8.1.3 The Licensor’s liability for damages due to breach of the Licensing Agreement cannot under any circumstances exceed the amount of the License Fee paid by the Licensee for the License period in which the damage occurred.
8.2 Product Liability
8.2.1 The Licensor is only subject to product liability to the extent that it cannot be waived by agreement. The Licensor disclaims product liability on any other basis.
9.1 Neither Party is entitled to compensation in the event of non-fulfillment of an obligation under the Agreement, insofar as the non-fulfillment is due to Force Majeure.
9.2 Force Majeure applies if a Party is prevented from fulfilling the Agreement due to pandemics, war, civil war, riots, public restrictions, import or export bans, natural disasters, including but not limited to earthquakes, storm surges, extensive flooding, tornadoes, volcanic eruptions, as well as outbreaks of labor conflicts, fires, cyber-attacks, or similar events that could not or should not have been foreseen by the Parties at the time of entering into the Agreement.
9.3 Cyber attacks are understood as unauthorized actions or attempts to destroy, remove, withhold, and/or alter data in the Licensed software, including but not limited to Phishing, ransomware, and supply chain attacks.
10.1 The Agreement is valid from the time both Parties have signed the written agreement or otherwise confirmed the Agreement in writing and runs for the agreed period or until the Agreement is terminated by one of the Parties.
10.2 If the Agreement does not define an end date, it can be terminated with 30 days' notice before the next Licensing Period, unless the written agreement states otherwise. If notice of termination is not received in a timely manner, it will take effect from the subsequent Licensing Period.
10.3 Termination must be in writing to hello@opacity.hr.
10.4 The Licensee's non-compliance with the Terms of Service entitles the Licensor to terminate the Agreement without notice and with immediate effect.
11.1 Transfer
11.1.1 The Parties' rights and obligations under the Agreement may not be transferred to third parties without the written consent of the other Party. However, in connection with a business transfer, whether it be a merger, demerger, sale, etc., the Licensor may transfer its obligations and rights, in whole or in part, to third parties without the Licensee's consent. The Licensor will comply with applicable Danish law and obtain the Licensee's consent if required.
12.1 The Licensor reserves the right to amend the Terms of Service without notice.
12.2 If the Licensee does not wish to be bound by the new Terms of Service, the Licensee must notify the Licensor in writing within 14 days. The Agreement will then be deemed terminated by the Licensor in accordance with section 10 of the Terms of Service.
12.3 If the Licensee does not notify the Licensor that they do not wish to be bound by the new Terms of Service as mentioned above, the new Terms of Service will apply after the expiration of the 14 days.
13.1 To the extent that the Licensor receives general information from the Licensee as part of the collection of relevant customer information (“Personal Data”), this data will be processed securely and confidentially in accordance with applicable Danish and EU legislation, including the General Data Protection Regulation (GDPR).
13.2 The purpose of collecting and processing the Personal Data is to be able to deliver the Licensed Software in accordance with the Licensing Agreement. The Licensor may only use the Personal Data for the purposes for which it was collected.
13.3 The Licensor uses third parties for the processing of all or part of the Personal Data. The Licensor has entered into data processing agreements with relevant third parties and thereby complies with the applicable rules on the protection of personal data.
13.4 The Licensee can read more about the Licensor’s processing of Personal Data and the rights that accrue to the Licensee as a data subject in the Licensor’s Privacy Policy.
14.1 The Parties' agreement is governed by and must be interpreted in accordance with Danish law.
14.2 Any dispute or disagreement arising in connection with this agreement must be attempted to be resolved through mediation by the Danish Institute of Arbitration (mediationsinstituttet.dk) and must take place in accordance with the rules for the handling of cases by the Danish Institute of Arbitration in effect at any given time.
14.3 When a dispute, according to one or more Parties, has arisen between the Parties, each Party is entitled to submit a request to the Danish Institute of Arbitration to initiate mediation.
14.4 Mediation does not preclude the use of provisional remedies such as arrest and injunctions, nor does it prevent a Party from bringing a lawsuit before the courts as indicated below, or from initiating other legal steps in connection with the dispute to avoid losing rights due to inactivity or limitation.
14.5 If the dispute is not resolved through completed mediation, each Party is entitled to demand that the dispute be settled by the Danish courts.