3RD – Terms & Conditions (SaaS)
Last updated: 22 January 2026
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Last updated: 22 January 2026
These Terms & Conditions ("Agreement") govern access to and use of the software-as-a-service platform and related services provided by 3RD ApS ("3RD", "we", "us" or "our") (collectively "Services"). By creating an account, completing onboarding, paying online, signing an Order Form or otherwise accessing or using the Services, you agree to be bound by this Agreement on behalf of the organisation you represent.
If you accept the Agreement on behalf of a company or other legal entity ("Organisation"), you represent and warrant that you have the authority to bind the Organisation.
3RD provides a platform for measuring, analysing and improving visibility and performance across AI-driven search and answer systems, including benchmarking, scoring, playbooks and diagnostics.
The Services are offered in several subscription types (e.g. Lite, Pro, Agency and Enterprise). Updated descriptions, features, usage limits and prices are available at:
https://www.get3rd.com/pricing
In case of conflict between documents, the following order of precedence applies: (1) Order Form, (2) SLA, (3) DPA, (4) these Terms & Conditions, (5) other documentation.
3RD may make beta or preview features available. Such features may be changed or removed without notice and are provided "as is" without specific warranties.
The Organisation creates its own Account. For Agency and Enterprise customers, 3RD may, by agreement, assist with onboarding, setup and initial configuration of the Services. Regardless of such assistance, the Customer remains solely responsible for all activity on the Account, including Users' actions, access management, configurations and use of the Services. The Customer must ensure that Users comply with the Agreement.
The Customer may not share login credentials or circumvent user or plan limitations. 3RD's onboarding or setup assistance does not alter the Customer's responsibility or transfer responsibility to 3RD. 3RD may require reasonable verification of Organisation information for security, compliance or payment risk purposes.
Standard payment is made online via Stripe. By submitting payment information, the Customer authorises 3RD (via Stripe) to charge subscription fees and add-ons in accordance with the selected plan.
Stripe may process payment data as an independent data controller under its own terms.
Enterprise and Agency customers may, by written agreement, pay via invoice. Terms are set out in the Order Form.
3RD may offer trial periods. Trials are generally limited to one per Organisation and convert automatically to a paid subscription unless cancelled before expiry.
The conduct and usage rules set out in this section constitute 3RD's Acceptable Use Policy (AUP). 3RD may update the AUP from time to time to reflect changes in legislation, third-party policies (including LLM providers) or security matters. Material changes will be notified in accordance with section 17.
The Services may use Third-Party LLMs. Use of the Services is conditional on compliance with this Agreement and relevant acceptable use and security policies from third-party providers (e.g. OpenAI, Anthropic and Google).
The Customer may not use the Services for, among other things:
3RD may implement fair use restrictions (e.g. throttling, rate limits) to protect the platform and third-party relationships. 3RD may suspend or terminate Accounts if usage is deemed harmful, illegal or in breach of third-party policies.
Enforcement may occur without prior notice where necessary.
The Customer acknowledges that the Services depend on third-party providers. If LLM policies change, 3RD may adjust functionality, filters, rate limits or availability without this constituting a breach.
The Customer is solely responsible for all Customer Content and for the use of Output. Output is probabilistic and may be incomplete, incorrect or biased.
3RD is not responsible for:
The Services do not constitute legal, financial or other professional advice.
To the extent 3RD makes client software, browser extensions, APIs, SDKs or similar tools available, these are provided under the same limited licence as the Services. Such components may only be used with the Services and in accordance with the documentation.
Open source components are subject to their respective open source licences, which take precedence to the extent of any conflict.
Subject to compliance with this Agreement, 3RD grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services solely for the Customer's internal business purposes and in accordance with the selected subscription plan and any Order Form.
The licence covers only access to the Services during the subscription period and grants no rights beyond those expressly stated in this Agreement.
The Customer may not, directly or indirectly:
Breach of this section constitutes a material breach and may result in immediate suspension or termination of access to the Services, cf. section 13.
All intellectual property rights in and to the Services, including software, platform, architecture, code, models, methodologies, playbooks, scoring models, documentation and other materials, belong exclusively to 3RD or our licensors.
Nothing in the Agreement shall be construed as a transfer of intellectual property rights to the Customer beyond the limited right of use set out in section 8.
The Customer retains ownership of all Customer Content. The Customer grants 3RD a non-exclusive, worldwide, royalty-free licence to process, use, copy and transmit Customer Content to the extent necessary to provide, maintain, secure and improve the Services.
The Customer represents and warrants that the Customer has the necessary rights to submit Customer Content and to grant the above licence, and that Customer Content does not infringe third-party rights or applicable law.
To the extent Output may be protected by intellectual property rights, the right to use Output belongs to the Customer. However, the Customer acknowledges that similar or identical outputs may be generated for other customers due to the nature of the Services and the use of generative models.
3RD retains all rights to the underlying models, methodologies and systems used to generate Output.
If the Customer or Users provide suggestions, ideas, improvements or feedback to 3RD regarding the Services, 3RD may freely use, implement and further develop such feedback without compensation or restriction, provided that the feedback does not contain the Customer's confidential information.
3RD may use aggregated and anonymised data, including statistics and measurements of usage, performance, prompts, outputs and benchmarks, for product development, quality improvement, model training, evaluation, documentation and market analysis, provided that such data cannot be attributed to the Customer, identify individuals or be reconstructed into the Customer's confidential information.
Such use is in accordance with GDPR, the EU AI Act and the EU Data Act and does not entail transfer of ownership of Customer Data.
To the extent personal data is processed in connection with the Services, the Customer is generally the data controller, and 3RD is the data processor. 3RD processes personal data solely on the basis of the Customer's documented instructions and in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 (GDPR).
3RD processes personal data for the purpose of providing, operating, securing, maintaining and developing the Services, including troubleshooting, support, security monitoring and fulfilment of contractual and legal obligations.
For Enterprise customers, and otherwise where required, the parties may enter into a separate Data Processing Agreement (DPA). The DPA regulates, among other things, processing categories, sub-processors, security measures, international transfers, audit rights and deletion and retention periods.
3RD may use sub-processors, including cloud and infrastructure providers and Third-Party LLMs, to deliver the Services. Where relevant, Customer Content may be transmitted to such sub-processors solely for the purpose of generating Output or delivering functionality. 3RD ensures that appropriate agreements are in place with sub-processors in accordance with GDPR.
In the event of a confirmed personal data breach, 3RD will notify the Customer without undue delay, to the extent required under GDPR, and will reasonably assist the Customer with information necessary to fulfil the Customer's notification obligations.
Further information on the processing of personal data is available in 3RD's privacy policy: https://www.get3rd.com/privacy.
The parties acknowledge that the Services may be subject to the EU Artificial Intelligence Act (EU AI Act). 3RD provides the Services as an AI-based decision-support and analysis tool for business use.
3RD:
The Customer is responsible for assessing and ensuring that the Customer's use of Output complies with applicable AI legal requirements.
In accordance with the EU Data Act, the Customer as a B2B customer has the right to access and portability of data that the Customer has generated or made available through the use of the Services.
3RD undertakes to make the following data available upon request or upon termination of the relationship, in a structured, commonly used and machine-readable format:
The following data is expressly excluded from export:
3RD hosts the Services with reputable third-party cloud providers. Hosting environments and infrastructure are selected for high availability, scalability, security and optimal performance.
Data may be processed and stored in the geographic regions where 3RD's or our subcontractors' data centres are located, provided that processing takes place in accordance with applicable law and any agreed data protection terms.
3RD reserves the right to change hosting locations or cloud providers, provided that the change does not reduce the level of data protection and takes place in accordance with GDPR and any DPA. Special data locality requirements may be agreed in writing in an Order Form.
3RD implements reasonable technical and organisational security measures designed to protect the Services and Customer Data from unauthorised access, loss, alteration or destruction. Such measures may include access control, logging, monitoring, encryption in transit and internal security policies.
The Customer is responsible for ensuring appropriate security around its own Users, including proper handling of login credentials, access rights, any use of single sign-on (SSO) or multi-factor authentication (MFA), and security in own integrations and API keys.
3RD may suspend access to all or part of the Services if necessary to remedy or limit the impact of an actual or suspected security incident.
The Customer may terminate its subscription at any time via the platform or in writing. Termination takes effect at the end of the current billing period, unless otherwise agreed in the Order Form.
3RD may suspend or terminate access to the Services in whole or in part for material breach, payment default, or if usage poses a risk to platform security, operations or third-party relationships.
Upon termination of the relationship, or upon written request, the Customer has the right to receive its Customer Data in accordance with the EU Data Act.
The export includes the data categories described in section 10.8 and is made available in a structured, commonly used and machine-readable format. 3RD is not obliged to deliver data in real-time, recreate historical system states or adapt data to third-party systems' specific requirements.
Exception for Breach: If access to the Services is suspended or terminated due to the Customer's material breach, abuse, violation of the AUP or law, 3RD may limit, delay or refuse data export to the extent necessary for security, third-party obligations or legal requirements.
Export may be subject to reasonable technical and security measures and any fees if export requires significant manual work.
After expiry of the export period, 3RD may delete Customer Data in accordance with internal retention policies and any DPA. Backup and archive copies may be retained for a limited period as part of normal operations but will not be accessible to the Customer.
"Confidential Information" includes all non-public information exchanged between the parties in connection with the Agreement, including trade secrets, technical information, product plans, security measures, pricing information (if agreed) and Customer Data.
Each party undertakes to protect the other party's confidential information with at least the same care as it protects its own confidential information of similar nature, and not to use such information for purposes other than the performance of the Agreement.
The confidentiality obligation does not apply to information that:
The Services are provided "as is" and "as available". 3RD makes no warranty that the Services will be uninterrupted, error-free or meet the Customer's specific requirements or expectations, and does not warrant that use of the Services will lead to particular commercial or business results.
To the extent permitted by law, 3RD's total liability to the Customer is limited to the amounts paid by the Customer to 3RD in the three (3) months preceding the matter giving rise to the claim.
3RD is not liable for indirect losses, including but not limited to loss of operations, lost profits, loss of data, loss of goodwill or other consequential damages, regardless of whether such losses were foreseeable.
Nothing in this Agreement limits or excludes liability that cannot be limited or excluded under mandatory law.
The Customer shall indemnify and hold harmless 3RD, our management, employees and subcontractors from any third-party claims, losses, liabilities, fines, costs and reasonable legal fees arising from or relating to:
The Customer's indemnification does not cover claims to the extent the claim is caused by 3RD's intentional or grossly negligent conduct.
As conditions for indemnification, the following applies:
The Customer may not enter into a settlement that (i) imposes any obligation, admission or liability on 3RD, (ii) affects 3RD's intellectual property rights, or (iii) requires actions from 3RD, without 3RD's prior written consent (which shall not be unreasonably withheld).
Indemnification under this section does not limit the other disclaimers and limitations of liability in the Agreement, including section 15.
3RD may change prices, plans, fees and terms with at least 30 days' notice. Notice is given via email, in-platform notification or by publication at https://www.get3rd.com/pricing.
Price changes may take effect on the first day of the month following the expiry of the notice period, unless mandatory law or a separate Order Form provides otherwise.
If the Customer does not accept a price change, the Customer may terminate the subscription effective at the end of the notice period. Continued use of the Services after the notice period expires constitutes acceptance of the updated prices.
Updated prices are always available at https://www.get3rd.com/pricing.
The Agreement is governed by and shall be construed in accordance with Danish law, without regard to conflict of law rules that would lead to the application of other law.
Any dispute, disagreement or claim arising out of or in connection with the Agreement, including its validity, interpretation or termination, shall be decided by the Copenhagen City Court as the court of first instance and exclusive venue, unless mandatory law prescribes otherwise.
Nothing in this section prevents 3RD from seeking preliminary remedies, including injunctions or restraining orders, in any court of competent jurisdiction to protect intellectual property rights, confidential information or prevent misuse of the Services.
The parties shall, before initiating litigation, reasonably seek to resolve a dispute amicably through negotiation between the parties' management representatives. However, this section does not limit the parties' right to bring proceedings if an amicable solution is not reached within a reasonable time.
Nothing in the Agreement limits the Customer's rights under mandatory consumer or business law where such rights apply.
This Agreement, together with any annexes, including Acceptable Use Policy, DPA, SLA, Order Forms and the current pricing page at https://www.get3rd.com/pricing, constitutes the entire agreement between the parties and supersedes all prior agreements, representations or understandings, written or oral, relating to the same subject matter.
Nothing in the Agreement shall be deemed to establish a partnership, joint venture, agency or employment relationship between the parties. The Customer has no right to bind 3RD to third parties.
The Services may integrate with or depend on third-party services. 3RD is not responsible for third-party services' availability, functionality, terms or processing of data. The Customer's use of third-party services is subject to the third party's terms and at the Customer's own risk.
The Customer may not assign the Agreement without 3RD's prior written consent. 3RD may assign the Agreement in whole or in part in connection with merger, restructuring or sale of substantial assets.
Notices under the Agreement may be given electronically via email, the platform or other digital communication to the contact details registered by the parties.
3RD ApS
Pilestræde 52A
DK-1112 Copenhagen K
Denmark
Email: gethelp@get3rd.com