1.1 These Terms of Service govern the rights and obligations between AISPOT and the User and are accepted and have binding effect as of the Effective Date.
1.2 AISPOT and the User may each be referred to as a “Party” and collectively as the “Parties” herein.
2.1 In this Agreement, the following words and expressions shall have the following meaning unless the context otherwise requires:
b) “AISPOT” means “we”, “us” or “our”, that is AISPOT International AS, incorporated in Norway as a legal entity with the organisation number 915 939 678, including entities within the same company group.
c) “User” means “you”, “your” or “yourself”, the individual using the Solution.
d) “Confidential information” means all any and all information disclosed, furnished or communicated (whether orally or in writing, text, drawings, photographs, graphics, designs, plans or any other form whatsoever) by or on behalf of AISPOT to the User, hereunder information concerning or belonging to AISPOT, its properties or business, or information proprietary to a Third Party for which AISPOT has provided services or products to or otherwise has a relationship with, including, but not limited to, the goodwill of any business symbolised thereby, technical information, financial data, product and service costs, prices, profits and sales, User or employee relationships and any Intellectual Property Rights or any other confidential information or proprietary aspects of the business of AISPOT, which has been or will be supplied to the User in the fulfilment of the Agreement or otherwise, including any information which User has reason to believe to be confidential information, or which AISPOT treats as being confidential information.
e) “User Data” means the digital data, text, images, audio, video, form entries, clicks or similar content provided by the User for use with the Solution.
f) “Effective Date” means the date the User accepts these Terms of Service.
g) “Intellectual Property Rights” means all rights, privileges and priorities provided under applicable supranational, national, federal, state or local law, rule, regulation, statute, ordinance, order, judgment, decree, permit, franchise, licence, or other government restriction or requirement of any kind relating to intellectual property, whether registered or unregistered, in any country, including without limitation: the Solution, any copyright, copyrightable works, database rights and related items, rights in designs, domains names, trade secrets, trademarks, service marks, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, moral rights, inventions, software, utility certificates, utility models, patents, patent applications (including any patent that in the future may be issued in connection therewith and all divisions, combinations, continuations, continuations-in-part, extensions, additions, registrations, confirmations, re-examinations, supplementary protection certificates, renewals or reissues thereto or thereof), rights in Confidential Information (including know-how and trade secrets) and any other intellectual property right or proprietary right recognised in any country or jurisdiction in the world, whether registered or not, and whether in existence as of start date of using the Solution or arising or recognised thereafter and all applications and registrations thereof, whether wholly or partly developed, and/or used and/or owned by AISPOT.
h) “Personal Data” shall have the meaning set out in GDPR Article 4 (1).
i) “Services” means the Services delivered by AISPOT to the User which includes but is not limited to:
b) Offers to Third Party affiliates and members
c) Information regarding services and products
- “Solution” means the application “AISPOT, its associated software and data.
- “Term” means the period from the Effective Date and until expiry of the Agreement or the termination by either Party thereof.
- “Terms” means these Terms of Service.
- “Third Party / Third Parties” means a party other than the Parties to this Agreement. This includes, but is not limited to a partner, client or a subsidiary which is either directly or indirectly contributing to the Solution.
- “Third-Party Products” means products or services provided by a Third Party, which may be embedded in or which interoperates with or is linked from the Solution.
3.1 You are required to register with us and create a profile should You wish to use the Solution.
We reserve the right, in our sole discretion, to accept or reject your registration to use our Solution. The registration necessitates that you provide us with information pertinent to you, such as your name, e-mail address or other information which naturally correlates with the Solution.
3.2 The Solution is for personal and non-commercial use only. You warrant not to sell, rent, lease or otherwise charge any service or any information derived from the Solution. You are only permitted to view and make use of the content on the Solution for your benefit under the express provision that your use does not correlate with commercial purposes, without obtaining prior written consent from us or our licensors.
3.3 You understand that you are responsible for maintaining the confidentiality of passwords associated with the Solution. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe and agree not to transfer or resell your use of or access to the Solution to any Third Party. if you have reason to believe that your profile is no longer secure, you must immediately notify us and you must promptly change your password by updating your profile information.
4.1 Each Party agrees that the electronic consent provided by the User prior to initiating the use of the Solution are intended to authenticate this in writing and to have the same force and effect as manual signatures of the User and shall be effective to bind the User to this Agreement.
4.2 Users that are of the age below 13 are prohibited from using the Solution. In the event that the User is of the ages between 13 and 18 or the relevant age classifying the User as a minor within its respective jurisdiction, the parent or guardian of such individual must consent to this Agreement prior to using the Solution.
5 Term and termination
5.1 This Agreement enters into force at the Effective Date.
5.2 AISPOT shall deliver the Solution at its sole discretion and is under no circumstance obliged to deliver the Solution accordingly to the wishes of the User.
5.3 You agree that we may in our absolute discretion, block, terminate or terminate or suspend your use of the Solution to you at any time with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Solution by others, without liability to you and for any reason.
5.4 If you wish to terminate your relationship with us, you may do so by deleting your own profile, or by notifying us at any time. Termination of your relationship with us may result in the deletion of any or all of the User Data. The User is solely responsible for ensuring that it has the necessary backups of the User Data that it desires to retain when this Agreement is terminated.
5.5 Unless otherwise agreed or prescribed in law, this Agreement remains in force until terminated by the User in accordance with Clause 5.4 above.
6 User data
6.1 The User shall retain all ownership rights to the User Data.
6.2 Subject to applicable privacy law, AISPOT is granted an unrestricted, irrevocable, worldwide, perpetual and royalty-free right to use, display, store, broadcast, transmit, modify, copy, distribute, reproduce, adapt, print, publish, perform, sublicense or exploit the User Data.
6.3 The User acknowledges that AISPOT cannot guarantee the security of the Internet and the possibility of interception or corruption of User Data transmitted from the User to AISPOT, or the security and the possibility of interception or corruption when saving such data.
7.1 We encourage user involvement and would be happy to receive your feedback, ideas or suggestions pertaining to the Solution. Please note that any material that you transmit to us will be considered non-confidential and non-proprietary. With respect to all such communication, you give us an unrestricted, irrevocable, worldwide, perpetual and royalty-free right to use, reproduce, display, publicly perform, transit and distribute such information, without any payment to you or others.
8 Intellectual property rights
8.1 The Solution, including, but not limited to, its design, text, scripts, graphics, code, interactive features, as well as any other Intellectual Property Rights, whether registered or unregistered, are proprietary to us, our affiliates or to other companies where so indicated and we reserve all rights not explicitly granted. Under no circumstance do we grant to you by implication, estoppels nor otherwise any right, title, licence or interest in any Intellectual Property Rights, unless otherwise specified herein.
8.2 Subject to these Terms, AISPOT grants to the User a limited, non-exclusive, non-perpetual, non-transferable and revocable right to use the Solution during the Term. The User’s right of use is limited to the use reasonably considered necessary for obtaining reasonable functionality from the features in the Solutions.
8.3 The User may not modify, enhance, improve, remove, delete, amend, augment, reverse engineer, decompile, or disassemble the Solution or attempt to discover its code and/or underlying structure, ideas or algorithms, nor rent, loan, lease, sell or otherwise transfer to or permit use by any Third Party. Furthermore, the User may not amend the Solution in any way, hereunder perform modifications, enhancements or improvements to the Solution or facilitate other products or services that are derived thereof.
8.4 The User shall not remove or otherwise alter any of AISPOT’s trademarks, logos, copyrights, notices or other proprietary notices or indicia, if any, fixed or attached to Confidential Information, Intellectual Property Rights or any parts thereof.
8.5 The User shall immediately inform AISPOT of an infringement or suspected infringement of AISPOT’s Intellectual Property Rights.
9.1 The User expressly covenant and agree to not use, reveal, divulge or make known, directly or indirectly, any Confidential Information for the benefit of any entity, organisation or individual other than for the User’s own use of the Solution, without the express, prior and written approval of AISPOT, and for as long as such information could be deemed to constitute Confidential Information.
9.2 The term “Confidential Information” shall not include any information which the User can demonstrate is:
a) Not unique to AISPOT and is known to the User prior to the date of the Agreement.
b) Becomes generally known other than through disclosure of confidential information by AISPOT.
c) Disclosed to the User by a Third Party lawfully in possession thereof and without restriction on disclosure.
d) Independently developed by the User without breach of this Agreement.
e) Required to be disclosed by law or regulation or by proper order of a court of applicable jurisdiction.
9.3 The perpetual duties of non-disclosure as stipulated in this Clause shall survive your use of the Solution without expiry or survive for the maximum extent permissible pursuant to applicable law.
10 Third – party products
10.1 The Solution may contain various Third-Party Products, or links to Third-Party websites or applications that are not under our control. Due to the sheer amount of content produced by Third Parties that is available on our Solution, we do not and cannot review all such content. We are not in any manner responsible for and do not monitor Third Party content for accuracy or reliability.
10.3 You expressly relieve us from any and all liability arising from your use of any Third-Party Products, or links to Third-Party websites or applications embedded in or linked from the Solution.
11 Personal data
12 Acceptable use
12.1 While using the Solution, you agree to adhere to the following acceptable use policy:
a) You must not use the Solution in violation of any applicable law or other personal or legal rights.
b) You must not impersonate any individual or other entity or misrepresent your identity or your age, upload content which depicts, describes, identifies or alludes to any person other than yourself, place information in your profile that is false or misleading in any way or otherwise misrepresent your affiliation with any other individual or other entity.
c) You will not solicit or attempt to solicit passwords from other Users.
d) You will not use the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
e) You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Solution.
f) You must not misuse our Solution by knowingly introducing viruses, Trojan horses, cryptos, malware, time bombs, cancelbots, corrupted files, worms and logic bombs or other material or computer programming routines or engines, or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Solution’s functionality or its operation or otherwise interfere with other users’ use and enjoyment of the Solution.
g) You may not create or spread spam, phish, pharm, pretext, spider, crawl or scrape in connection with Your Solution.
h) You agree to maintain and promptly update your information (including contact information) and to keep it true, accurate, current and complete.
i) You must not attempt to log into or attempting to log into a server or profile that You are not authorised to access or otherwise try to gain unauthorised access to our Solution, computer systems, materials, information or any services made available on our website, the server on which our website or our Solution is hosted or any server, computer or database connected to our website or our Solution, or attempt to probe, scan or test the vulnerability of any system or network or otherwise attempt to interfere with, circumvent, or gain unauthorised access to other computer systems through the Website or Our Application.
j) You may not assist or permit any persons in engaging in any of the activities described above.
13 Limited warranty and disclaimers
13.1 The Solution is provided “as is” and to the fullest extent permissible pursuant to applicable law and notwithstanding any conditions, warranties, express or implied by statute, common law, law of equity or otherwise, AISPOT makes no representations or warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, warranties or conditions of usefulness, timeliness, reliability, completeness, accuracy, adequacy, merchantability, fitness for a particular purpose or likely results of the use of the Solution.
13.2 While AISPOT will aim to provide the User with uninterrupted use of the Solution, AISPOT does not guarantee the Solution’s uptime and stability or represent that the Solution will be error-free or that it will meet Users’ requirements or that all errors in the Solution will be corrected or that the overall system that makes the Solution available (including but not limited to the internet, other transmission networks, and the Users’ local network and equipment) will be free of viruses or other harmful components.
14.1 Subject to Clause 14.2 and 14.4, AISPOT shall indemnify and hold the User harmless from and against all losses, expenses, costs, claims (including reasonable legal fees), damages, liabilities, fines, actions, and proceedings brought against the User by any Third Party arising out of AISPOT’s infringement of the intellectual property rights of any such Third Party.
14.2 AISPOT shall have no obligations under Clause 14.1 to the extent any claim is based on:
a) The combination or use of the Solution with Third Party Products not approved by AISPOT, where the Solution would not otherwise itself be infringing.
b) The User’s use of the Solution in violation of this Agreement or applicable law.
c) Any use of the Solution after AISPOT notifies the User to discontinue such use because of a claim from a Third Party.
d) Modifications to the Solution made other than by AISPOT (where the claim would not have arisen but for such modification).
14.3 If the Solution is held to infringe the intellectual property rights of Third Party, AISPOT will, at its own expense, in its sole discretion use commercially reasonable efforts either (a) to procure a licence that will protect the User against such claim without cost to the User; (b) to replace the Solution with non-infringing services; or (c) if (a) and (b) are not commercially feasible, terminate the Agreement.
14.4 In the event an claim is commenced against the User due to AISPOT’s infringement of the intellectual property rights of a Third Party, the User shall (i) inform AISPOT of such claim and provide AISPOT with all reasonable necessary assistance and information relating thereto, and shall take all necessary action to mitigate its damages with respect thereto; and (ii) give full power and authority to AISPOT to respond to, conduct any negotiation regarding and control the defence of, any action regarding such claim on behalf of and in the name of the User and AISPOT. AISPOT shall be responsible for engaging counsel for such defence and shall bear the costs and expenses of the same.
14.5 The User shall not agree to any settlement, nor make any admission or take, or fail to take any action, in each case, where such admission, action or failure to act could reasonably be expected to prejudice the defence of a claim from a Third Party.
15.1 To the maximum extent permissible pursuant to applicable law, AISPOT will not be liable to the User for loss of profits or for any special, indirect, incidental, reliance, exemplary, punitive or consequential damages, including without limitation, damages for loss of business profits, loss of goodwill, business interruption, loss of business information and/or data, howsoever caused and whether arising under contract, tort (including liability for negligence or breach of statutory duty), negligence, or other theory of liability arising out of this Agreement or out of the use of or inability to use the Solution, even if AISPOT, or its employees, officers, directors, agents, shareholders or affiliates have been advised of the possibility of such damages.
15.2 To the maximum extent permissible pursuant to applicable law, the total, maximum, aggregate liability of us for all damages, losses, and causes of action or claims (whether in contract, tort or otherwise) arising out of or in connection with the Solution or these Terms, shall in no event exceed the lowest of (a) USD 100; or (b) the highest allowable threshold permissible pursuant to any mandatory and applicable law. The aforementioned limitations of liability will not apply in case your loss has come as a result of our gross negligence or wilful misconduct.
15.3 Unless otherwise prescribed by law, any cause of action or claim the User may have with respect to AISPOT must be commenced within three (3) months after the claim or cause of action arises.
16.1 You agree to receive communications from us in an electronic form and that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
16.2 If you have any questions regarding the Solution or wish to bring a complaint to our attention, please e-mail us at firstname.lastname@example.org, and we will endeavour to respond to you promptly and will provide you with details of what further action you can take if You are not satisfied with our response. We will investigate all complaints and if a complaint is found justified, we will take all reasonable steps to resolve the issue.
17.1 The rights and duties conveyed herein is personal and the User may not assign or otherwise transfer in whole or in part, voluntarily or involuntarily, or by operation of law, this Agreement or the duties or rights therein, without the prior written approval of AISPOT. Any assignment by the User without such approval shall be deemed to constitute a violation of this Agreement, and its content shall be void.
17.2 AISPOT may transfer its rights and duties under this Agreement to a Third Party if the assigned party, at the time of the assignment, is financially and technically capable of performing the obligations of AISPOT under this Agreement, and that the assigned party expressly assumes and agrees to perform such aforementioned obligations.
18 Force majeure
18.1 AISPOT’s obligations shall be excused to the extent the performance is prevented by unforeseeable circumstances beyond the AISPOT’s control.
19 Official language
20.1 We have a policy of continuous improvement, and therefore reserve the right to amend these Terms with three weeks’ notice given by e-mail or through a written notification within the Solution. The change will take effect from the expiry of the notice period. Where the User does not accept the amendment, the User shall be entitled to cease the use of the Solution. You also agree that we may make amendments to the Solution in order to comply with applicable laws in our sole discretion, without notice to you and without liability for any changes in your ability to use the Solution as a result of such changes.
20.2 If any provision of the Agreement is held by court of competent jurisdiction or other competent authority to be void, voidable or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected. The provision being rendered void, voidable or unenforceable shall be interpreted or replaced by a provision aiming to achieve the purpose of the original provision.
20.3 The Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the Parties relating thereto and is binding upon the Parties and their permitted successors and assigns.
20.4 Nothing contained in this Agreement is intended or shall be construed to confer upon any Third Party any rights, benefits or remedies of any kind or character whatsoever, or to create any obligation of a Party to any such person.
20.5 No failure or delay by AISPOT in exercising any right, power or privilege under this Agreement, will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege under this Agreement.
20.6 Those clauses of the Agreement which based on their nature are meant to survive the expiration or termination of the Agreement, shall survive such expiration or termination. This includes, without limitation, 5 (Term and Termination), 6 (User Data), 7 Feedback, 8 (Intellectual Property Rights), 8 (Confidentiality), 13 (Limited Warranty and Disclaimers), 14 (Indemnification), 15 (Liability) and 20 (Miscellaneous.
20.7 The Agreement shall be construed in accordance with and governed by the laws of Norway, without regard to its choice of law principles. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are not allowed and to the fullest extent permissible pursuant to applicable law, you waive your respective rights to a trial by jury. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof shall be brought before Oslo District Court as the agreed venue, except that AISPOT may, at its own option, bring suit for any collection in the country where the User is located.