TERMS OF SERVICE

Last updated: 15/01/2026
Continued use of the Services following notice of any update constitutes your unconditional acceptance of the revised Terms.

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Superb ApS (CVR: 39478021), Nordre Fasanvej 108B, 2., 2000 Frederiksberg, Denmark ("Superb", "we", "us") and you, the sole trader, company, or other business entity ("Merchant", "you") that creates an account or uses the Services.

Acceptance is recorded at the moment you: (a) check the acceptance box during account registration; (b) electronically sign a Superb order form or contract; or (c) begin using the Services — whichever occurs first. Superb records the date, time, IP address, and method of acceptance, which shall constitute conclusive evidence that the Merchant has read and agreed to these Terms.

If you are accepting on behalf of a company or other legal entity, you personally warrant that you have full authority to bind that entity. If you do not have such authority, you may not use the Services.

These Terms apply together with any applicable Additional Terms (including Payment Terms and Data Processing Agreements), all of which are incorporated by reference. In the event of conflict, Additional Terms prevail on their specific subject matter.

1. The Services

Superb provides a hospitality operating platform covering point of sale, payments, reservations, takeaway, gift cards, marketing, and related functionality ("Services"), accessible via web platform, iPad application, and other supported interfaces.

Superb reserves the right to modify, limit, suspend, or permanently discontinue any part of the Services at any time, with or without prior notice, for any commercial, technical, legal, or operational reason. Superb shall not be liable to the Merchant or any third party for any loss, damage, or disruption resulting from such modification, suspension, or discontinuation.

The Merchant's use of the Services may depend on third-party services including internet connectivity, payment networks, card schemes, and hardware manufacturers. Superb does not own, control, or accept any liability for such third-party services or the Merchant's inability to use the Services as a consequence of their failure or unavailability.

2. Eligibility & Account Registration

The Services are available exclusively to registered businesses acting for trade, business, or professional purposes. They are not available for personal, family, or household use. By registering, the Merchant warrants on an ongoing basis that:

  • It is a duly registered legal entity or sole trader, authorised to conduct business in its jurisdiction;
  • All registration information provided is accurate, complete, and current, and will be updated without delay upon any change;
  • It is not subject to any sanctions, embargo, or prohibition under Danish, EU, UN, or US law (see also Section 11);
  • It is not engaged in, and will not use the Services in connection with, any Prohibited Business (see Section 11);
  • The natural person completing registration is at least 18 years of age.

Superb may share the Merchant's account and identity information with payment acquirers, card schemes, correspondent banks, and regulated financial partners for KYC/KYB verification, sanctions screening, compliance, fraud monitoring, and service operation purposes. The Merchant consents to such sharing.

Superb reserves the right to reject any application for registration or to suspend or close any account at its sole and absolute discretion, at any time and without liability.

3. Account Security & Sub-accounts

The Merchant is solely responsible for the confidentiality and security of its login credentials and for all activity that occurs under its account, whether authorised or not. The Merchant must immediately notify Superb at support@superbexperience.com upon discovering or suspecting any unauthorised access to its account.

The Merchant may create sub-accounts for employees and authorised representatives. The Merchant is fully liable for ensuring all sub-users comply with these Terms and accepts unconditional liability for their actions, omissions, and misuse of the Services. Superb may revoke any sub-user's access at any time without notice or liability.

4. Hardware

Hardware supplied to the Merchant free of charge by Superb remains Superb's sole property at all times and must be returned in good working condition within 10 days of contract expiry or termination.

Failure to return hardware within the applicable period entitles Superb to immediately issue a one-time invoice of €399 excl. VAT per payment terminal not returned within 10 days of contract expiry or termination, payable within 14 days of the invoice date. For all other hardware, failure to return within 10 days entitles Superb to charge the full replacement value to the Merchant's payment method on file, without further notice. These charges are in addition to, and do not limit, any other remedies available to Superb.

The Merchant is liable for the full replacement cost of any hardware returned in a damaged, incomplete, or non-functional state. Superb will not cover or reimburse any customer-caused damage under any circumstances.

Hardware purchased and paid for by the Merchant (excluding payment terminals) is owned by the Merchant upon receipt of full payment. Payment terminals remain subject to the Additional Terms governing payment processing regardless of whether the Merchant has paid for them.

Terminal price: €399 excl. VAT, billed at contract signature. Additional terminals can be ordered at shop.superbexperience.com.

Hardware shipped outside the EU may be subject to local VAT, customs duties, and import fees, which are the Merchant's sole responsibility. Superb accepts no liability for customs delays or charges.

5. Subscriptions & Billing

Subscriptions commence on the account activation date and renew automatically on a monthly basis, billed in advance. The Merchant irrevocably authorises Superb to charge the agreed fees to the payment method on file on each renewal date, without further authorisation.

All prices are stated in the currency agreed at signup and are exclusive of VAT unless expressly stated otherwise. Applicable VAT will be added where required by law.

Non-payment: Failure to pay any amount when due entitles Superb to: (a) immediately suspend access to the Services without notice; (b) charge interest on the overdue amount at the rate of 8% per annum above the Danish National Bank's reference rate, as permitted under the Danish Interest Act (renteloven), accruing daily from the due date; and (c) recover all reasonable costs of enforcement, including debt collection and legal fees.

Cancellation: The Merchant may cancel its subscription by giving 90 days' written notice to support@superbexperience.com, effective only after the expiry of the agreed initial contract period. The Merchant remains fully liable for all fees accrued until the effective termination date. No refunds are issued for any pre-paid period.

Monthly card turnover commitment: Pricing across all plans is conditional on all in-store card turnover being processed exclusively through Superb-supplied payment terminals. The Monthly Card Turnover commitment applies from the implementation date specified in the Merchant's contract. If the Merchant does not hit the agreed Expected Monthly Card Turnover in any given month from that date onward, Superb reserves the right to charge a shortfall fee of €59 per month, or such other amount as agreed in the contract, until the turnover threshold is met. This right is in addition to Superb's right to reclassify the Merchant to a different pricing tier.

Early Termination — Unused Terminal / Unmet Turnover: If the Merchant cancels within the initial contract period and has not been actively using the Superb-supplied payment terminal, or has not met the agreed Expected Monthly Card Turnover during the contract period, Superb reserves the right to invoice the Merchant for the full remaining subscription fees for the unexpired portion of the contract period. Such invoice is due and payable within 14 days of issue.

Annual Price Adjustment: Superb reserves the right to increase subscription fees by up to 5% per year, effective 12 months after the subscription start date and annually thereafter, with 30 days' prior written notice to the billing email. Continued use after the notice period constitutes acceptance.

6. Transaction Fees & Payment Processing

Transaction fees are agreed at contract creation and set out in the Merchant's order form. Standard published rates are as follows:

  • All plans: 1.49% for Visa/Mastercard; 3.95% for all other card types
  • Online payments: 5% fixed rate (all plans)
  • All rates are all-inclusive of processing costs. No additional fees apply unless otherwise stated in these Terms or the applicable order form.

Commercial & Non-EU Cards

A surcharge applies to transactions processed with commercial cards (business-issued) or non-EU cards (issued by banks outside the European Union):

  • Denmark, Sweden, Norway: Up to 4% (depending on card type) applies to all such transactions, unless surcharging is enabled by the Merchant.
  • All other markets: A 3% fee applies automatically where commercial or non-EU cards exceed 15% of the Merchant's monthly card turnover in any calendar month. Fees apply from the month the threshold is triggered.

Fair use of your card terminal [IT, SE, Global]: Superb's single, transparent processing fee is built on the assumption that all your in-store customers pay through your Superb terminal. If international or commercial card payments exceed 50% of your monthly terminal volume over a 3-month period, this is considered unusual and Superb may apply a 3% surcharge retroactively on the volume processed during this period.

Superb continuously monitors the Merchant's transaction mix and applies fees as described above. The Merchant acknowledges and accepts this monitoring as a condition of using the payment Services.

Surcharging: Where permitted by applicable law, Superb enables surcharging by default, allowing the Merchant to pass commercial and non-EU card fees directly to end customers. To enable or disable surcharging, contact surcharge@superbexperience.com. The Merchant is solely responsible for ensuring its surcharging practices comply with applicable law and card scheme rules.

Chargebacks & Disputes: The Merchant is solely and unconditionally liable for all chargebacks, payment disputes, reversals, and associated card scheme fines or penalties arising from transactions processed through the Services, regardless of the reason or outcome. Chargeback amounts, associated fees, fines, and penalties will be deducted directly from the Merchant's upcoming payouts without prior notice. Where outstanding payouts are insufficient to cover chargeback liabilities, Superb reserves the right to debit the Merchant's payment method on file for any remaining balance. The Merchant must reimburse Superb for any chargeback-related losses not recoverable from payouts within 5 business days of written demand. A chargeback rate exceeding industry thresholds (as defined by the relevant card scheme) entitles Superb to immediately suspend payment processing or terminate the Merchant's account without notice or liability.

Set-Off: Superb has the right at any time and without prior notice to set off, deduct, or withhold from any amounts payable to the Merchant (including payouts, refunds, or any other amounts) any amounts owed by the Merchant to Superb under these Terms or any Additional Terms. This right of set-off is in addition to any other remedies available to Superb.

Payouts: Standard payouts are processed within 24-48 hours to the Merchant's nominated bank account, subject to the Merchant's bank's processing times. Next-day payouts are available at an additional fee of 0.04%. Superb reserves the right to delay or indefinitely withhold payouts where there is a reasonable suspicion of fraud, elevated chargeback risk, regulatory investigation, or pending dispute resolution. Superb shall not be liable for losses arising from payout delays in such circumstances.

Fee Amendments: Superb reserves the right to amend transaction fees with 30 days' written notice. Continued use of the Services after the notice period constitutes unconditional acceptance. If the Merchant does not accept the change, it must close its account before the change takes effect.

7. Taxes & Regulatory Compliance

The Merchant is solely and entirely responsible for determining, collecting, reporting, and remitting all applicable taxes — including VAT, sales tax, withholding tax, and any other governmental levies — arising from its business operations and use of the Services.

Superb provides VAT calculation tools as a convenience only and makes no warranty that such calculations are accurate, complete, or compliant with applicable tax law. Superb expressly disclaims all liability for any tax errors, underpayments, penalties, interest, or regulatory consequences arising from the Merchant's reliance on these tools or its failure to comply with its tax obligations.

The Merchant is solely responsible for compliance with all laws and regulations applicable to its business, including but not limited to employment law, consumer protection law, food safety, licensing requirements, anti-bribery, and data protection.

8. Data, Privacy & Processing Rights

Privacy Policy & DPA: Superb's collection and use of personal data is governed by its Privacy Policy (superbexperience.com/privacy-policy), incorporated into these Terms by reference. Where Superb processes personal data on behalf of the Merchant as a data processor, the parties' rights and obligations are additionally governed by the Superb Data Processing Agreement ("DPA") entered into between the parties, which forms an integral part of these Terms. The Merchant must execute the DPA before using any Services involving the processing of personal data relating to End Guests. In the event of conflict between the DPA and these Terms on matters strictly relating to Superb's data processor obligations, the DPA prevails. The DPA does not govern or restrict Superb's independent processing as a data controller for Permitted Purposes, which is addressed in Clause 1A of the DPA and Section 5 of the Privacy Policy.

Superb's Dual Role: The Merchant acknowledges and agrees that Superb operates in two distinct capacities: (a) as a data processor, acting on the Merchant's instructions as set out in the DPA; and (b) as an independent data controller, processing personal data — including End Guest data generated through the platform — for its own Permitted Purposes as defined in the Privacy Policy and Section 5 thereof. The Merchant expressly acknowledges Superb's right to process data in both capacities simultaneously and that the DPA does not restrict Superb's independent controller processing.

Permitted Purposes: As an independent data controller, Superb is entitled to collect, access, retain, use, and process all data generated through or in connection with the Services — including guest data, transaction data, booking data, behavioural data, and platform interaction data — for the Permitted Purposes set out in the Privacy Policy, which include without limitation: platform improvement and product development; guest experience enhancement and personalisation; loyalty programmes and guest engagement services; third-party integration services; fraud detection and risk management; aggregated analytics and benchmarking; legal compliance; and marketing to Merchants and prospects. The full description of each Permitted Purpose, including the applicable GDPR lawful basis, is set out in the Privacy Policy.

Third-Party Sharing: Superb may share personal data — including End Guest data — with authorised third-party partners and service providers where necessary to fulfil the Permitted Purposes, including providers of loyalty, CRM, marketing automation, analytics, and payment services. The Merchant consents to such sharing as a condition of using the Services. All third-party recipients are subject to data processing agreements requiring processing only for specified purposes and maintenance of appropriate security measures.

Aggregated & Anonymised Data: Superb exclusively owns all rights, title, and interest in all anonymised, aggregated, and statistical data derived from the Merchant's use of the Services ("Aggregated Data"). The Merchant irrevocably assigns to Superb all rights in Aggregated Data to the extent any such rights vest in the Merchant. Once anonymised, such data falls outside the scope of GDPR and Superb may use, analyse, sell, licence, or otherwise exploit it for any purpose without restriction or compensation to the Merchant.

Merchant's Data Responsibilities: The Merchant warrants on an ongoing basis that: (a) all personal data it uploads to or processes through the Superb platform has been collected lawfully and may lawfully be processed by Superb as both data processor and independent data controller; (b) it has obtained all necessary consents and provided all required notices to End Guests, including in relation to Superb's independent controller processing and third-party data sharing as described in the Privacy Policy; (c) it has a valid lawful basis under GDPR for all personal data submitted to the platform; and (d) it complies with all applicable data protection laws, including GDPR and applicable national implementing legislation. The Merchant must not submit to the platform any data it is not lawfully entitled to share with Superb.

Breach Notification: The Merchant must notify Superb immediately at privacy@superbexperience.com upon becoming aware of any actual or suspected unauthorised access to, or breach of, personal data processed through the Services, and must cooperate fully with Superb in any resulting investigation, notification, or remediation.

9. Intellectual Property, Content & Feedback

Platform IP: The Services are licensed, not sold. Superb retains all intellectual property rights — including patents, copyrights, trademarks, trade secrets, and database rights — in the platform, software, documentation, and all modifications and derivative works thereof. The Merchant receives only a limited, non-exclusive, non-transferable, revocable licence to use the Services for its own business operations during the term of these Terms. No other rights are granted.

Restrictions: The Merchant may not: copy, modify, or create derivative works of any part of the Services; reverse-engineer, decompile, or disassemble the platform; resell, sublicence, or provide access to the Services to any third party; remove or obscure any intellectual property or proprietary notices.

Merchant Content: The Merchant retains ownership of content it uploads (logos, photos, product descriptions, etc.) ("Content"). By uploading Content, the Merchant grants Superb a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable licence to use, reproduce, adapt, publish, distribute, and display that Content to operate and promote the Services. The Merchant warrants it owns or has the necessary rights to all Content uploaded and that such Content does not infringe any third-party rights.

Feedback: Any feedback, suggestions, ideas, or improvements submitted by the Merchant to Superb ("Feedback") shall become the sole and exclusive property of Superb immediately upon submission. Superb may use Feedback for any purpose without restriction, compensation, attribution, or obligation of any kind. The Merchant irrevocably waives any moral rights in Feedback to the fullest extent permitted by law.

Brand Reference: The Merchant consents to Superb referencing its name, logo, and general business type as a Superb customer on the Superb website, in marketing materials, investor presentations, and other promotional contexts.

10. Acceptable Use

The Merchant must use the Services lawfully and in accordance with these Terms at all times. The Merchant must not:

  • Use the Services for fraudulent, deceptive, or illegal transactions of any kind;
  • Process transactions on behalf of any third party not registered with Superb;
  • Engage in, facilitate, or benefit from money laundering, terrorism financing, or any other financial crime through the Services;
  • Scrape, probe, or systematically access the platform using automated tools without Superb's written consent;
  • Attempt to bypass, disable, or circumvent any security controls, access restrictions, or technical limitations;
  • Interfere with or disrupt the integrity, performance, or availability of the Services or other Merchants' use of the platform;
  • Use the Services in any way that could expose Superb to legal liability, regulatory sanction, or reputational harm.

Violation of this Section entitles Superb to terminate the Merchant's account immediately, without notice, without compensation, and without prejudice to any other legal remedies.

11. Prohibited Businesses & Sanctions

Prohibited Businesses: The Merchant warrants that it does not operate, and will not use the Services in connection with, any business or activity that: (a) is unlawful in the jurisdiction of operation; (b) involves adult content, gambling, weapons, controlled substances, or cryptocurrency exchanges; (c) is classified as a prohibited or restricted merchant category by Visa, Mastercard, or other applicable card schemes; or (d) Superb designates as prohibited in its sole discretion at any time. Superb reserves the right to update its list of prohibited business types at any time with reasonable notice.

Sanctions Compliance: The Merchant warrants that it, its directors, beneficial owners, and any persons acting on its behalf are not: (a) listed on any sanctions list maintained by the EU, UN, OFAC (US), OFSI (UK), or any other relevant authority; (b) located in or operating from any sanctioned territory; or (c) otherwise subject to any applicable trade embargo or export control restrictions. The Merchant must immediately notify Superb if this warranty becomes untrue at any time. Superb may immediately terminate the Merchant's account and withhold any outstanding funds if it reasonably believes the Merchant is in breach of this Section.

Anti-Money Laundering: The Merchant agrees to cooperate fully with any KYC, KYB, AML, or enhanced due diligence requests made by Superb or its payment partners, including providing documentation, identification, and information about the Merchant's business, ownership, and transactions. Failure to cooperate within a reasonable timeframe entitles Superb to suspend or terminate the Merchant's account immediately.

12. Audit Rights

Superb (or a third-party auditor appointed by Superb) reserves the right, upon reasonable written notice, to audit the Merchant's use of the Services to verify compliance with these Terms, applicable law, card scheme rules, and PCI DSS requirements. The Merchant must provide reasonable access to its systems, records, and personnel as required for such audit. Superb may conduct such audits at any time without prior notice where it has reasonable grounds to suspect fraud, non-compliance, or misuse of the Services.

13. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services, including pricing, commercial terms, technical specifications, and business information ("Confidential Information"), and to use it only for the purposes of performing its obligations under these Terms.

The Merchant specifically agrees not to disclose to any third party the specific pricing, fee structures, or commercial terms agreed with Superb.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is required to be disclosed by law or court order, provided that reasonable prior notice is given to the disclosing party where permitted.

Confidentiality obligations survive termination of these Terms for a period of 3 years.

14. Non-Disparagement

The Merchant agrees not to make, publish, or encourage any statement, review, or communication — whether written, oral, or electronic — that is false, misleading, or materially damaging to the reputation, business, or goodwill of Superb, its directors, employees, or affiliates. This obligation applies during the term of these Terms and continues for 2 years following termination.

Nothing in this Section prevents the Merchant from making good-faith, factually accurate complaints through appropriate legal or regulatory channels.

15. Beta Features

From time to time, Superb may offer the Merchant access to features or functionality in beta testing ("Beta Features"). Beta Features are provided strictly on an "as is" and "as available" basis with no warranties of any kind, express or implied. By accepting access to any Beta Feature, the Merchant: (a) acknowledges that Beta Features may contain defects and may not perform as expected; (b) unconditionally waives all claims against Superb for any loss, damage, data corruption, or disruption arising from their use; and (c) agrees to provide Superb with reasonable feedback on Beta Features upon request, which shall constitute Feedback under Section 9.

16. Third-Party Integrations

The Merchant may authorise third-party applications and service providers ("Partners") to access its Superb account. Such integrations are governed solely by the Partner's own terms and conditions. Superb expressly disclaims all responsibility and liability for the actions, omissions, availability, security, or performance of any Partner. The Merchant may revoke Partner access at any time via its account settings. The Merchant agrees to indemnify Superb against all claims arising from its authorisation of, or interactions with, any Partner.

17. Warranties & Representations

The Merchant warrants, represents, and undertakes to Superb on an ongoing basis throughout the term of these Terms that:

  • It has full legal capacity and authority to enter into and perform its obligations under these Terms;
  • It is a duly registered business entity in good standing in its jurisdiction;
  • It will use the Services exclusively for lawful business purposes in compliance with all applicable laws and regulations;
  • It will not engage in, facilitate, or benefit from any fraudulent, deceptive, or criminal activity;
  • All information provided to Superb is and will remain accurate, complete, and not misleading;
  • Its execution and performance of these Terms does not violate any other agreement to which it is a party.

Superb's warranties: Superb provides the Services strictly on an "as is" and "as available" basis. Superb expressly excludes all warranties, conditions, terms, and representations of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, or non-infringement, to the fullest extent permitted by applicable law.

18. Liability & Indemnification

Merchant's liability: The Merchant is fully and unconditionally liable for all losses, costs, claims, damages, fines, penalties, taxes, and expenses (including reasonable legal fees) arising from: (a) its use or misuse of the Services; (b) any breach of these Terms or applicable law; (c) chargebacks, fraud, or disputes related to its transactions; (d) any third-party claim arising from its acts or omissions; (e) infringement of any intellectual property, privacy, or other third-party right; or (f) its failure to comply with card scheme rules or PCI DSS requirements.

The Merchant agrees to indemnify, defend, and hold harmless Superb and its directors, officers, employees, affiliates, payment partners, and agents from and against any and all such claims, losses, liabilities, and expenses, promptly upon demand. This indemnification obligation is not subject to any liability cap.

Superb's exclusions: Superb shall not be liable for: (a) any indirect, consequential, special, incidental, exemplary, or punitive loss or damage; (b) loss of revenue, profits, data, goodwill, business opportunity, or anticipated savings; (c) losses arising from third-party services, payment network failures, card scheme decisions, or force majeure events; (d) any interruption, error, unavailability, or discontinuation of the Services, regardless of cause; (e) the accuracy of VAT or tax calculations; or (f) any act or omission of any Partner or third-party integration.

Liability cap: Superb's total aggregate liability to the Merchant under or in connection with these Terms — whether arising in contract, tort (including negligence), statutory duty, or otherwise — shall in no circumstances exceed the total fees actually paid by the Merchant to Superb in the three calendar months immediately preceding the event giving rise to the claim. This cap applies to all claims in aggregate, irrespective of the number or nature of claims.

Mandatory exceptions: Nothing in these Terms excludes or limits Superb's liability for: (a) fraud or fraudulent misrepresentation; (b) wilful misconduct or gross negligence; (c) death or personal injury caused by Superb's negligence; or (d) any other liability that cannot be excluded or limited under applicable mandatory law.

19. Term & Termination

These Terms are effective from the date of account creation and continue until terminated in accordance with this Section.

Termination by Merchant: The Merchant may terminate by providing 90 days' written notice to support@superbexperience.com, effective only after the expiry of the initial contract period. The Merchant remains liable for all fees until the effective termination date. No refunds are issued for pre-paid periods or upon termination.

Termination or suspension by Superb: Superb may suspend or terminate the Merchant's access to the Services at any time, with or without notice, and without liability, including but not limited to where: (a) the Merchant breaches any provision of these Terms; (b) the Merchant fails to pay any amounts due when demanded; (c) Superb suspects fraud, money laundering, sanctions violations, or other criminal activity; (d) the Merchant presents an unacceptable credit, fraud, chargeback, or reputational risk in Superb's sole judgement; (e) the Merchant enters insolvency, administration, receivership, liquidation, or bankruptcy proceedings; (f) required by a card scheme, regulator, or law enforcement authority; or (g) Superb otherwise determines it is necessary in its sole and absolute discretion.

Effect of termination: Upon termination or suspension: (a) the Merchant must immediately cease all use of the Services; (b) all licences granted under these Terms terminate immediately; (c) the Merchant must return all Superb-owned hardware within the timeframes in Section 4; (d) all outstanding fees, chargebacks, and other amounts owed to Superb become immediately due and payable; (e) Superb may retain funds from payouts to satisfy outstanding liabilities; (f) Superb may delete account data following termination, subject to legal retention requirements; and (g) Superb shall have no liability for data deletion following termination.

Termination does not affect any rights or liabilities that have accrued prior to the termination date. Sections 6, 8, 9, 11, 13, 14, 17, 18, 20, and 21 survive termination indefinitely.

20. Changes to These Terms

Superb may update these Terms at any time. Material changes will be communicated via email to the billing address or via in-platform notification with at least 30 days' prior notice. Changes required by law, card scheme rules, sanctions requirements, or relating solely to new features may take effect immediately without prior notice.

Continued use of the Services following the notice period constitutes the Merchant's unconditional acceptance of the revised Terms. If the Merchant does not accept a change, it must close its account before the change takes effect by notifying Superb in writing.

21. Governing Law, Jurisdiction & Disputes

These Terms and any dispute, claim, or controversy arising out of or in connection with them — including non-contractual disputes, questions of validity, or termination — shall be governed by and construed exclusively in accordance with the laws of Denmark, without regard to its conflict of law rules.

The Merchant irrevocably submits to the exclusive jurisdiction of the City Court of Copenhagen (Københavns Byret) as court of first instance, or the Eastern High Court of Denmark (Østre Landsret) where jurisdictional thresholds require, for the resolution of all disputes. The Merchant waives any objection to proceedings in Copenhagen on grounds of inconvenient forum or otherwise.

Notwithstanding the foregoing, Superb reserves the right, at its sole discretion, to initiate proceedings against the Merchant in any court of competent jurisdiction in any country, including the Merchant's country of domicile or registration.

22. General Provisions

  • Entire agreement: These Terms, together with any applicable Additional Terms and order forms, constitute the entire agreement between the parties and supersede all prior agreements, negotiations, representations, warranties, and understandings relating to the Services.
  • No oral modifications: These Terms may not be amended orally. Any modification must be made in writing and signed by an authorised representative of Superb.
  • Severability: If any provision is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable without affecting the validity of the remaining provisions.
  • No waiver: Superb's failure or delay in enforcing any provision of these Terms shall not constitute a waiver of its right to enforce that provision at any time. Any waiver must be in writing and signed by an authorised representative of Superb.
  • Relationship: The parties are independent contractors. Nothing in these Terms creates any partnership, employment, agency, fiduciary, or joint venture relationship between the parties.
  • Assignment: Superb may freely assign, transfer, or novate these Terms or any rights or obligations under them to any affiliate, acquirer, or successor at any time without consent. The Merchant may not assign, transfer, or novate its account or any rights or obligations without Superb's prior written consent. Any purported assignment by the Merchant without such consent is void ab initio.
  • Force majeure: Neither party shall be liable for delays or failures caused by events beyond their reasonable control, including fires, floods, earthquakes, pandemics, war, terrorism, internet or telecommunications failures, power outages, labour disputes, or governmental acts. This exception does not apply to the Merchant's payment obligations.
  • Language: These Terms are executed in English. In the event of any conflict between translated versions and the English version, the English version shall prevail in all circumstances.
  • Counterparts: These Terms may be accepted electronically and such acceptance shall be as legally binding as a wet-ink signature.

Superb ApS · CVR: 39478021 · Nordre Fasanvej 108B, 2., 2000 Frederiksberg, Denmark