General Terms and Conditions

1.1

By accessing the Site and/or using the Services, the Customer and each User is automatically agreeing to the Terms and confirming that it understands that:

• the Terms create a legally binding agreement between the Customer and the Provider and impose binding obligations on each User.
• each User should read the Terms carefully before using the Services.

1.2

The Provider may change the Terms from time to time in its sole discretion and the following applies:

• changes to the Terms will have immediate effect when published on the Site.
• a change to the date of the Terms indicates that they have been updated.
• the Provider will only give a separate written notice to Customers if the Provider considers that the change is sufficiently significant for notice to be given.

3.1

Customers must be legal entities and not individuals. No consumer protection is available to any Customer or User.

3.2

Each person who agrees to a Subscription is:

• committing the Customer to a legally binding obligation; and
• confirming and guaranteeing that they have legal authority to subscribe on these Terms and use the Services in the Customer’s business.

3.3

Each person who uses the Site, the Platform and the Services is confirming that:

• they have legal capacity;
• they are using the Site, the Platform and the Services for internal purposes only; and
• they undertake not to sell, distribute, assign, transfer, license or otherwise commercially exploit all or any part of the Site, the Platform or the Services.

4.1

The Services are available on a rolling subscription basis for consecutive monthly Subscription Periods.

4.2

The Services will be provided on a rolling subscription basis and will automatically renew for subsequent Subscription Periods of the same length until cancelled in accordance with this provision. A notice to cancel will only be effective at the end of the Subscription Period in which the notice is given.

4.3

Notice to cancel can be given at any time.

5.1

The Services will be made available to the Customer as a service delivered over the internet (Software as a Service/SaaS) when payment for the first Subscription Period has been received by the Provider.

5.2

The Services and the Platform must be used in accordance with the Terms:

• the Provider reserves the right to carry out investigations that are reasonable and necessary to ensure that the Services are used in accordance with the Terms.
• the Provider will keep any confidential information in confidence made known to it during such investigations and only share it to the extent that is strictly necessary for the purpose of the investigation.
• the Provider has the right to refuse, freeze or cancel a Subscription and/or block access to the Platform if it suspects that the Customer or any Users have acted in breach of the Terms.

6.1

Prices for the Services are currently a free early trial.

6.2

The Supplier reserves the right to give written notice to change the price with effect from the next Subscription Period. If the Customer does not agree to the revised prices, it is entitled to cancel its Subscription with effect from the implementation of the revised price.

6.3

Any support or other assistance outside the scope of the Services will be agreed and invoiced separately.

7.1

Payment for the Subscription is made by payment card on the Site and the Customer must register a credit card on the Site and:

• the Customer agrees that registered credit cards will be charged in advance for each Subscription Period for the relevant price for the Subscription, including value added tax and any late payment interest.
• it is the Customer’s responsibility to ensure that the registered credit card is valid, has adequate credit and is not blocked.
• if payment is not successfully taken by the Provider, it is the Customer’s responsibility to arrange payment in another way.

7.2

The Provider can restrict access to the Platform with immediate effect until payment is made in full. The Provider can also charge interest on late payments. Neither of these actions will release the Customer from its obligation to pay for the Subscription. The Provider reserves its right to demand payment by another means.

10.1

The Services are sold “as is” without any type of warranty.

10.2

The Customer and Users must assess for themselves whether the Services and/or the information, answers or recommendations received on the Platform and/or through the Services are suitable for their needs and purposes.

10.3

The Provider is entitled, in its own discretion and without notice, to change the Services to the extent it considers necessary, for example to amend or update information, correct errors or inaccuracies or to remove information.

10.4

If the Provider changes the Services such that the scope of the Services is materially different from that described in this Agreement and the Customer gives prompt notice that it does not accept the changes, the Customer is entitled to cancel its Subscription. Cancellation will be effective from the date on which the cancellation notice is received by the Provider.

11.1

The Platform is provided “as available” without warranty of any kind. The Services may be completely or partially unavailable from time to time due to circumstances both within the Provider’s control (such as routine maintenance) and outside the Provider’s control (such as downtime on any of the software services used to provide the Services). The Provider will try to give advance notice of downtime.

11.2

By using the Services, the Customer and each User is acknowledging that access to the Services may be, among other things: interrupted or delayed; unavailable at any time or in any place; affected by errors or omissions; and that the Provider has no responsibility for any such incidents or the consequences thereof.

12.1

A Subscription gives the Customer and each User a limited right of use as stated in these Terms.

12.2

The Provider and its suppliers own all copyright and other intellectual property rights associated with the Site, the Platform, the Services and their content, including all further developments. No rights are given to the Customer or Users except the right to use the Platform, the Site and the Services on these Terms.

12.3

If the Provider should receive any solicited or unsolicited feedback from Customers or Users, it is free to use, distribute or publish it as it sees fit without any obligation to request consent from, give any notice to or pay any fee or royalty to the Customer or any User.

13.1

If any claim is made against the Provider by any third parties in respect of the Customer’s or any User’s use of the Site, the Platform or the Services, this is entirely the Customer’s liability.

13.2

The Customer accepts that it will hold the Provider harmless, and that the Provider is entitled to a full indemnity claim against the Customer for the full amount of any and all claims, losses, damages, judgments, fines, litigation costs and legal fees relating to any and all third party claims and legal proceedings.

14.1

The Customer and Users use the Services at their own risk. The Provider has no liability for indirect or consequential loss or damage, loss of profit, loss of customers, loss or corruption of data, loss due to business interruption, or claims from third parties.

14.2

If there should be any liability, the Provider’s total liability is limited to the price (ex VAT) paid by the Customer during the last three months before the claim arises.

15.1

To the extent necessary to deliver the Services, the Provider will process personal data received from the Customer either as a data controller or as a data processor.

15.2

Processing of personal data as a data processor requires a separate data processor agreement.

15.3

The Customer is responsible for securing a legal processing basis for all data subjects who have their personal data processed as part of the use of the Services.

15.4

Complaints about personal data processing can be filed with the Norwegian Data Protection Authority (Datatilsynet): postkasse@datatilsynet.no / tlf. 22 39 69 00 (www.datatilsynet.no).

16.1

The Terms have been prepared, and shall be interpreted, in accordance with Norwegian law.

16.2

The Parties agree to try to resolve any dispute relating to the Terms or the Services amicably.

16.3

If the Parties do not reach an amicable resolution within 60 calendar days, the Parties agree to submit to the jurisdiction of the Norwegian courts, the venue to be Oslo tingrett.