Terms of Use

1. Introduction

1.1 Visense AS ("we", "us", "our"), a Norwegian limited company with company registration number 933 913 406, a wholly-owned subsidiary of VIS Forsikring Gjensidig, organisation number 954 662 764, provides digital platform services that offer insights into and support for the monitoring of damp and climate conditions, damage restoration and the maintenance of buildings and property (the "Service"). These terms of use apply to all use of the Service.

1.2 Please read these terms of use ("Terms") carefully. By creating a user profile, or by continuing to use the Service, you agree to be bound by the Terms. You accept that these Terms are legally binding in the same way as a written agreement signed by you. You confirm and warrant that you are over 18 years of age, that you have legal capacity and the necessary authority to bind yourself, and that you have provided us with all the information necessary for us to provide the Service to you. If you are under 18 years of age, have previously been removed or banned from the Service by us, or if your access to or use of the Service is unlawful or prohibited under applicable law, you may not be permitted to use the Service.

1.3 These Terms are binding on all users of the Service. By accessing and using the Service, you agree to comply with these Terms. We reserve the right to suspend or terminate your access to the Service in the event of a breach of these Terms.

2. User’s responsibilities

2.1 When using the Service, you undertake to comply with the following guidelines:

(a) You must not use the Service for any activities that are compromising, unlawful, harmful, fraudulent or offensive.

(b) You must at all times use the Service in accordance with applicable legislation and within the limits permitted by such legislation, without infringing the rights of third parties.

(c) You must not in any way obtain or attempt to obtain access to material or information that has not been intentionally made publicly available through the Service.

(d) You must not misuse the Service by deliberately introducing viruses, Trojans, scripts, cryptominers, malware, time bombs, cancellers, corrupted files, worms, logic bombs or any other material or programming routines, or by engaging in behaviour that may damage, disrupt, impair or overload the functionality of the Service.

(e) You may not, nor shall you attempt to, alter, modify, adapt, translate, reverse engineer, decompile, disassemble, or uncover the source code, underlying concepts, algorithms, file formats, internal APIs or any other part of the Service.

(f) You must not, without our prior written consent, investigate, scan, penetrate, exploit or test the vulnerabilities or security of any part of the Service, nor circumvent, disable or bypass any usage limits or technical controls.

(g) You must not attempt to log in to a server or profile to which you are not authorised to have access, distribute your username and password to others, or otherwise attempt to gain unauthorised access to the Service.

(h) You must not use the Service to develop or facilitate competing products or services.

We may monitor your use of the Service to verify compliance with the Terms.

2.2 You are responsible for ensuring that you have adequate 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, upload or otherwise make available through your use of the Service, including any legal and factual consequences of such content.

2.4 You are responsible for ensuring that all login details are kept confidential and that such details are not shared with unauthorised third parties.

2.5 We may collect and use usage data and sensor data derived from your use of the Service for legitimate business purposes, such as service improvement, analytics and other products/services. We will not use data for such purposes in a manner that identifies you to third parties.

2.7 We process personal data in accordance with applicable data protection legislation, including the EU General Data Protection Regulation (GDPR) and the Norwegian Personal Data Act, and our privacy policy as updated from time to time. Where we process personal data on behalf of the legal entity you represent in providing the Service, such processing is governed by a separate data processing agreement between us and that entity.

2.6 You may only use the Service to the extent such use is allowed under an active license held and paid by the legal entity that you represent (such as, but not limited to, your employer).

3. Intellectual property rights

3.1 Provided that you comply with the Terms and any other applicable agreements with us, you are granted a non-transferable, non-exclusive, revocable and limited right to use the Service, solely for the internal purposes of, and to the sole benefit of, the legal entity you represent, and within any applicable usage metrics and use restrictions communicated by us.

3.2 The Service is licensed, not sold. We retain all ownership, as well as all rights, titles and interests in, to or relating to the Service, including any adaptations, improvements, modifications or further developments, and all intellectual property rights relating thereto. These Terms do not grant you any title, licence or right to use our intellectual property rights, beyond what is expressly set out in these Terms. You are responsible for ensuring that your use of the Service does not infringe our rights.

3.3 If you provide us with feedback or suggestions regarding the Service or our business ("Feedback"), you agree that we are entitled to use and fully exploit such Feedback and any associated information in any way we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You must not send us any information or ideas that you consider to be confidential or subject to proprietary rights.

4. Warranties and liability

4.1 Access to the Service is provided "AS IS", without warranties of any kind, whether express or implied. To the extent permitted by applicable law, we disclaim all liability for the accuracy, adequacy, suitability, timeliness and reliability of any information presented on the Service. Nothing in these Terms shall be construed as establishing any warranties in relation to the Service, unless otherwise expressly stated in these Terms.

4.2 Although we do our best to ensure our users can use the Service without disruption, we cannot guarantee uptime or stability. We do not guarantee that the functions of the Service will be uninterrupted or error-free, or that errors will be rectified. We are not liable for any problems, including loss or damage, that may result from downtime or faults in the Service.

4.3 Our total aggregate liability to you arising out of or in connection with the Service or these Terms (regardless of cause and regardless of the form of action) shall at all times be limited to NOK 1,000 in the aggregate. Nothing herein shall limit our liability for direct damages if such liability is due to our gross negligence, willful misconduct or if such liability cannot be excluded under applicable law.

4.4 In no event shall either party be liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of data, arising out of or in connection with these Terms. Nothing herein shall limit the parties’ liability for such damages if such liability is due to the liable party’s gross negligence, wilful misconduct or if such liability cannot be excluded under applicable law.

5. Term and termination

5.1 Without prejudice to Section 2.6, these terms and conditions apply at all times whilst the Service is being used. You may cease using the Service at any time.

5.2 We reserve the right to terminate the Service or your access to the Service, for any reason, unless otherwise specifically agreed with you. We will, as far as is reasonably practicable, explain why the Service or your access to the Service has been terminated.

6. Miscellaneous

6.1 If any provision of these Terms is held to be invalid or for any other reason unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that, to the greatest extent possible, achieves the purpose of the original provision.

6.2 You may not assign or otherwise transfer, in whole or in part, voluntarily or involuntarily, or by operation of law, without our prior written consent, these Terms and Conditions and the associated rights and obligations. We may assign our rights and obligations under the Terms to another party, provided that the assignee is, at the time of the assignment, financially and technically capable of fulfilling our obligations, and expressly agrees to assume and fulfil such obligations.

6.3 We are committed to the continuous improvement of the Service and reserve the right to change the content of the Service without prior notice.

6.4 We may amend the Terms from time to time as a result of changes in applicable legislation, extensions to the Service or other relevant circumstances. By accepting the Terms, you agree that we may amend the Terms without having to inform you in advance. We will notify you of any material changes. If you continue to use the Service after a change has been made, you will be deemed to have accepted the change.

6.5 The Terms are governed by Norwegian law. Disputes arising out of or in connection with the Terms shall first be resolved through negotiation. If the parties fail to reach an agreement through negotiation, the dispute shall be settled by the ordinary courts, with Oslo District Court as the general venue.

6.6 If you have any questions regarding the Terms or wish to make a complaint about the Service, please email us at kontakt@visense.no and we will reply as soon as possible. We will investigate all complaints, and if a complaint is deemed justified, we will take reasonable steps to resolve the matter.