Terms of use
Last updated 19.01.2024
- GENERAL
- Purpose AS (the “Supplier”) is a private limited company registered in the Norwegian Register of Business Enterprises with organization number 826 304 472. The Supplier offers a digital tool described in the Customer Agreement and on the websites (“dobee” or “the Service”).
- The terms that follow from this document (the “Terms of Use”) and the Customer Agreement govern the Customer’s access to and use of dobee. The Customer Agreement, Terms of Use and any other appendices specified in the Customer Agreement constitute the full agreement between the parties (“the Agreement”). The Customer Agreement takes precedence over the Terms of Use in the event of any conflict. The Customer is the entity that is stated as a party to the Customer Agreement, while the End Users derive their right of use from the Customer.
- The Customer is given access to the Service “as is”. The Customer gets access to features of the dobee product version that is stated in the Customer Agreement. The Customer understands that dobee is a standard service with functionality that may be changed or removed from time to time. New features may require additional payment.
- If agreed upon, the Supplier may offer different types of consultancy services in relation to the Service. The consultancy services shall be delivered professionally and to the agreed volume and other specifications. However, the Supplier does not guarantee any specific end results related to the consultancy services.
- OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
- dobee is fully owned by the Supplier and is protected by intellectual property and other laws, including trademark and copyright laws. The Customer is not granted any rights to the Service beyond use as agreed and on the terms and conditions that follow from the Customer Agreement and the Terms of Use. The Supplier retains all rights related to the Service that are not expressly granted to the Customer through the Customer Agreement or the Terms of Use.
- Information and data that the Customer uploads or registers in the Service, including information about the Customer and the Customer’s business, the Customer’s End Users and representatives, the Customer’s goals and results as well as information about End Users who are invited to contribute to deliver on the Customer’s goals and results (“Customer Data”) is owned by the Customer.
- The Supplier has the right to anonymise and aggregate Customer Data into derived data that cannot be linked to the Customer specifically or to End Users who have used the Service on behalf of the Customer. Such derived data is owned by the Supplier and may be freely used by the Supplier.
- END USER LICENSE AGREEMENT
- All End Users must enter into End User agreement (“End User Agreement”) with the Supplier to gain access to the Service. If necessary, the Customer is obliged to facilitate that all its End Users enter into the End User Agreement.
- PRIVACY
- The Supplier is committed to protect personal data included in dobee. The Supplier’s privacy policy can be found here: https://dobee.it/privacy-policy
- If necessary, the Supplier and the Customer will enter into a separate Data Processing Agreement which governs any processing of the Customer’s personal data by the Supplier.
- PAYMENT TERMS
- The agreed fees are stated in the Customer Agreement or on the Supplier’s web page.
- For those parts of the remuneration that have a fixed price, invoicing is done annually in advance, , i.e., a organisational fee that is not based on the number of active registered users. . For fees based on the number of active registered users or other factual variables, monthly fees are invoiced in arrears per quarter. Consultancy services based on time and material will be invoiced monthly in arrears.
- If nothing else follows from the Customer Agreement, the Customer must pay all invoices within 30 days from the invoice date.
- The Supplier is entitled to late payment interest in accordance with applicable Norwegian law.
- Payments made are not refundable.
- All prices can be adjusted without written notice at the start of each calendar year by an amount which corresponds to the increase in Statistics Norway’s consumer price index. The price can also be adjusted to without written notice if changes to laws or practice related to taxes or other public fees directly or indirectly affect the price on the Service.
- DISCLAIMER OF LIABILITY
- The service is provided “as is” and may have errors and omissions. With the exception of what is expressly stated in the Customer Agreement and the Terms of Use, the Supplier does not give any guarantees for saleability or suitability for a specific purpose. The Supplier does not guarantee any uptime, or that errors and/or defects will be corrected or that the Service’s functions will fulfill the Customer’s requirements or needs.
- Under no circumstances shall any of the parties to the Customer Agreement be responsible for indirect, incidental or consequential damages. Nor shall either party be liable for accidental damage, loss of profits or lost savings. In all cases, the Parties’ liability for damages shall be limited to an amount corresponding to the paid fees for the last twelve (12) months.
- The limitation of liability in section 6.2 does not apply if the damage, claim or costs are caused by gross negligence or intent by any of the parties to the Customer Agreement. Nor does the limitation of liability apply for the Customer’s breach of section 2.1 of the Terms of Use.
- TERM AND TERMINATION OF THE AGREEMENT
- There is a 12-month fixed term for access to dobee from the signing of the Customer Agreement (“the Initial Period”). The term may be different for consultancy services.
- Each of the parties may terminate the Agreement with one (1) month’s written notice before the end of Initial Period unless otherwise specified the Customer Agreement. If the Agreement is not terminated, another 12-month fixed term will apply with the same notice period for termination.
- Upon termination, the Customer will be invoiced for the current month, as well as the following month.
- Either party may terminate the Agreement immediately if the other Party is in material breach of the Agreement. Before termination the party must be notified and given reasonable time to correct the fault in question.
- If the Customer pays later than sixty (60) days from the invoice date, it will be considered a material breach and gives the Supplier the right to terminate the agreement immediately. This assumes that the Customer has received a notice of overdue payment and has been given thirty (30) days to correct it the payment default.
- CONFIDENTIALITY
- The parties undertake to treat all information exchanged as confidential information in accordance with this section 8.
- Confidential information does not include information that:
- Is known to the general public from the time the information becomes known. This does not apply if the information is made public due to breach of confidentiality by the other party,
- Is lawfully received by a recipient from a third party and which the third party rightfully possesses OR
- The recipient is in possession before the Customer Agreement is signed.
- Obligations of the recipient of confidential information
- 1. When a party receives confidential information, this party undertakes to receive and treat the information confidentially and, in addition, undertakes to:
- Only use confidential information to fulfill the Agreement unless otherwise is expressly agreed in writing by the parties;
- Do not copy confidential information in whole or in part;
- Do not disclose confidential information to associated End Users, employees, affiliates companies, advisers or consultants, except in cases where it is absolutely necessary. Everyone who receives confidential information, must be informed of and comply with the conditions in the Agreement;
- Do not disclose confidential information to third parties without their express written consent of the party who provides the information
- These provisions on confidentiality shall survive the expiry of this Agreement.
- 1. When a party receives confidential information, this party undertakes to receive and treat the information confidentially and, in addition, undertakes to:
- CUSTOMER’S RESPONSIBILITY
- The Customer must not use the Service in a way that could damage the Supplier’s or dobee’s name or reputation. The Customer must also not use dobee in a way that harms or makes the delivery of the Service to other customers difficult.
- CONTACT WITH END USERS
- The Supplier can contact the End Users with information about using dobee, including reminders about (outstanding) activities, tips and user guidance, technical problems and more. If nothing else is agreed in writing with the Customer, the Supplier does not, however, have the right to contact the Customer’s End Users for marketing and commercial purposes beyond their current use of dobee.
- The Supplier must not disclose names, contact details or any other details about the Customer or the End Users with third parties without consent from the Customer.
- ASSIGNMENT
- The Customer is not allowed to assign any of its rights under the Agreement without the Supplier’s prior written consent. Both parties can assign the Agreement in its entirety in connection with a merger, acquisition, reorganization or sale of all or most of its assets. In that case, the party must notify the other party in writing without unnecessary delay. Unless otherwise agreed, the Agreement and the terms of use shall be binding for the new entity.
- COMMUNICATION
- All legal notices must be sent via the e-mail indicated on the front page of the Customer Agreement to be valid.
- CHANGES IN THE TERMS OF USE/END USER AGREEMENT
- The Supplier may from time to time find it necessary to change the Terms of Use or the End User Agreement. Changes to these will be communicated to the Customer with reasonable notice before the change is implemented. The Customer may terminate the Agreement with immediate effect if the changes are objectively substantial and not accepted.
- MARKETING
- The Supplier can disclose that the Customer uses dobee for marketing purposes. Unless otherwise is specified in the Customer Agreement, the Customer allows the use of their logo and brand name on websites or other marketing materials. Other information about the customer relationship cannot be shared without further consent.
- CHOICE OF LAW AND LEGAL VENUE
- The Agreement is subject to Norwegian law. Any disagreement or dispute arising in connection with the Agreement shall as far as possible be resolved through negotiations. If the parties do not agree on an amicable solution, the dispute shall be settled through the ordinary courts. The parties agree to Oslo District Court as legal venue.
