Terms of service
1. INTRODUCTION
1.1 Visense AS («We», «Us», «Our»), a Norwegian limited liability company with company registration number 933 913 406, provides certain software services to offer insights and enable you (“You”, “Your”, “Yourself”) to access and manage the Visense platform for humidity measurement in a damage restoration process (the “Service”).
1.2 Please read these Terms carefully. If You create a user profile, or if You continue to use the Service, You agree to be bound by these Terms. You agree that these Terms are enforceable like any written agreement signed by You. You warrant that You are over 18 years of age, that You have the right and capacity to bind Yourself and that You have provided Us with all the information necessary to provide You with Our Service. If You are an individual under the age of 18, You have previously been removed or banned from the Service by Us, or Your access to or use of the Service is illegal or prohibited under applicable law, You may not access or use the Service.
1.3 These Terms are binding for all users of the Service. When accessing and using the Service, You undertake to follow these Terms. We reserve the right to suspend or discontinue Your access to the Service in the event of breach of these Terms.
2. RESPONSIBILITY OF THE USER
2.1 When You use the Service, You agree to comply with the following guidelines:
(a) You must not use the Service for any activity, that is compromising, illegal, harmful, fraudulent or offensive.
(b) You must always use the Service in compliance with and as permitted by applicable laws, without infringing third party rights.
(c) You must not in any way obtain or attempt to obtain access to material or information that has not intentionally been made publicly available through the Service.
(d) You must not misuse Our Service by knowingly introducing viruses, Trojan horses, scripts, cryptos, malware, time bombs, cancellations, corrupted files, worms and logic bombs or other material or computer programming routines or engaging in conduct that may harm, disrupt or otherwise impair or overload the functionality of the Service.
(e) You may not, nor attempt to, modify, alter, adapt, translate, reverse engineer, decompile, disassemble, discover the source code, underlying ideas, algorithms, file formats, internal APIs or any other part of the Service in any way.
(f) You must not without Our prior written consent, probe, scan, penetrate, exploit or test the vulnerability or the security of any part of the Service.
(g) You must not attempt to log on to a server or profile that You do not have the right to access, distribute Your own username and password to others, or otherwise try to gain unauthorized access to Our Service.
(h) You must not use the Service for developing or facilitating competing products or services. We may monitor Your use of the Service to determine compliance with these Terms.
2.2 You are responsible for ensuring that You have internet access and a device that supports Your use of the Service.
2.3 You are responsible for all data and content that You create when using the Service, including any consequences of such content.
2.4 You are responsible for ensuring that all log-in credentials are kept secret and that such information is not distributed to any unauthorized third parties.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Subject to Your compliance with these Terms and all other applicable agreements with Us, You are granted a non-transferable, non-exclusive, revocable and limited right to use the Service.
3.2 The Service is licensed, not sold. We retain all ownership, rights, title, and interest in, to or related to the Service (including any customizations, improvements, modifications or adaptions), including all intellectual property rights. These Terms do not grant You any ownership, license or rights to use Our intellectual property rights, except as explicitly granted under the Agreement. You are responsible for ensuring that Your use of the Service does not violate Our rights.
3.3 If You provide Us with any feedback or suggestions regarding the Service or Our business, (“Feedback”), You agree that We shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback You provide to Us as non-confidential and non-proprietary. You will not submit to Us any information or ideas that You consider to be confidential or proprietary.
4. WARRANTY AND LIABILITY
4.1 Access to the Service is provided “as is” without warranties of any kind, either expressly or implied. To the maximum extent permitted by applicable law, We disclaim all responsibility for the accuracy, adequacy, usability, timeliness, and reliability of the information presented in the Service. Nothing in these Terms shall be construed as stablishing guarantees with regard to Our Service, unless otherwise specified.
4.2 Although We do everything that We can to provide Our users with undisturbed use of Our Service, We cannot guarantee uptime and stability. We do not guarantee that the functions contained in the Service will be uninterrupted or error-free or that the errors will be corrected. We are not responsible for any problems that downtime may cause.
4.3 To the maximum extent permitted by applicable law, We disclaim any responsibility for loss or damage arising from Your use of the Service. Our aggregate liability to You for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of action), shall at all times be limited to 1 000 NOK.
5. TERM AND TERMINATION
5.1 These Terms apply at all times when the Service is used. You can stop using the Service at any time.
5.2 We have the right to terminate the Service or Your access to the Service, regardless of reason, unless otherwise agreed with You. We will explain to the best of Our ability why the Service or Your access to the Service has been terminated.
6. MISCELLANEOUS
6.1 In the event that any part of these Terms is deemed to be invalid, or cannot be enforced for any other reason, the rest of the Terms shall remain in full force and effect. The provision which is rendered invalid shall be replaced by a provision which aims to achieve the purpose of the original provision.
6.2 These Terms and associated rights and obligations may not be assigned or otherwise transferred, in whole or in part, voluntarily or involuntarily, or by law, without prior written approval from Us. We may transfer Our rights and obligations under these Terms to another party if the assigned party at the time of the assignment is financially and technically able to perform Our obligations and the assigned party expressly accepts and agrees to perform such prior obligations.
6.3 We want continuous improvement in Our Service and therefore reserve the right to change the content of the Service without prior notice.
6.4 We may change the Terms from time to time as a result of changes in applicable law, the Service being extended or the emergence of any other relevant conditions. By accepting these Terms, You agree that We can change the Terms without having to inform You in advance. We will notify You of significant changes. If You continue to use the Service after a change has been made, You are considered to have accepted the change.
6.5 These Terms are governed by Norwegian law. Any conflicts arising out of or in connection with these Terms must first be resolved through negotiations. If no agreement is reached through negotiations, the dispute shall be resolved in the ordinary courts, with Oslo District Court as the agreed venue.
6.6 If You have any questions regarding these Terms or wish to complain about Our Service, please send Us an email to post@visense.no and We will respond to You as quickly as possible. We will investigate all complaints, and if a complaint is found to be justified, We will take all reasonable steps to resolve the issue.