Terms of Use
By establishing a subscription for Archeo (hereinafter the "Service"), at www.archeo.no (the "Site"), the Company (hereinafter "you") agree to be bound by these Terms of Use, the Privacy Policy, the Data Processing Agreement (if applicable, cf. clause 8 below), and any additional terms and conditions which are set out on the Evidi website from time to time, which together govern such access and use (collectively the "Terms"). Please read the Terms carefully before you start to use the Service. If you do not agree to the Terms, do not use the Service. We may revise these Terms of Use at any time by amending this page. You are expected to check the Terms from time to time to take notice of any changes or updates we make, as they are binding on you. These Terms of Use is a supplement to such other terms and conditions agreed between you and us, hereunder also the condition that you pay us such fees as have been agreed.
Information about us:
The use of the Service is offered to you by Evidi AS (organization number 927 119 781, Torget 5, 1767 Halden, Norway (hereinafter "Evidi", "we", "us", or "our").
Information about the Service
The Terms concerns the ongoing provision of the Service via the Internet ("as-a-service" deliverables). The Service and the Site are owned by Evidi. Evidi may subcontract hosting, business continuity and back up of data.
Accessing the Service
Any Archeo subscription is established from the Site. Once a subscription is established, further access takes place via the user portal at portal.archeo.no or portal.archeo.io or any published API].
Individuals within your organisation who have been authorised to use the Service ("Authorised Users") will either use third party identify providers such as Google and Microsoft or be provided with user credentials from the Site. Access to the Service is restricted to Authorised Users only.
You must treat your user credentials as confidential and you must not disclose it to any third party. We have the right to disable any user at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
If you have been given access to any part of the Service by mistake, if you know or suspect that anyone other than you has your user credential, or if you become aware of a breach of confidentiality or any unauthorised use of the Service, you must promptly notify us by email at support@evidi.com or by phone on +47 669 08 000. If you notify us by phone, please ask for Customer Support.
You are responsible for making all arrangements necessary for you to have access to the Service. Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Service at any time without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period.
Fees and invoicing
Fees for the Software are according to the Archeo price lists, as published online, in the Software or otherwise made available from Evidi.
Unless explicitly stated otherwise in the price list or agreed in writing, all Fees are due in advance of each month of subscription and are non-refundable. There is no refund for unused messages, storage, users, or remaining days in Subscription Periods, unless the subscription plan is upgraded during the period.
Published fees are exclusive of all taxes, levies and duties. Evidi will add the value added tax (VAT) to the invoice for Norwegian and international customers according to applicable Norwegian legislation.
Annual price changes are effective from January 1st each year, unless explicitly stated otherwise in the price list or agreed in writing.
In addition, Evidi reserves the right to change the Fees, including the fee-model, on 2 months' notice.
Prices expressed in USD are converted on basis of the official exchange rate at the date the subscription is established and at the official exchange rate the invoice data for succeeding subscription periods.
In case of fluctuations in the exchange rate, Evidi reserves the right to change the customer fees without further notice.
In the event of non-payment or late payment of the Fees by the Customer, Evidi reserves the right to suspend the Customer's access to the Archeo or restrict the Customer's access to read-only and charge penalty interest up to the maximum rate permitted by law. Unpaid invoices will be sent to collection. If the situation is not resolved within a reasonable time, Evidi reserves the right to terminate the Customer's right of use to the Archeo.
Ongoing consideration will fall due for payment thirty (30) calendar days after the invoice date.
User restrictions
You must comply with all applicable laws and regulatory requirements relating to your use of the Service. You must also comply with all reasonable instructions we give you relating to the Service. You may only access and use the Service solely for your internal business purposes. You must not use the Service to advertise or sell any goods or services to any other users of the Service.
When using the Services, you agree of not doing none of the following:
Store or gather information that are personally identifiable from other users of the Service without their explicit permission; Access, manipulate or use non-public areas of the Site, Evidi's computer systems or the systems of Evidi's providers. Try to explorate, scan or attempt to test the vulnerability of Evidi network, or system or try to break any security or authentication. Bypass any technological measure implementation by Evidi to protect the Service, this includes implementations by Evidi's providers and other third-party suppliers. Try to search or access the Service using any software or tools this including robots, spiders etc. other than tools provided by Archeo or third-party web browsers like Crome, Microsoft Internet Explorer or the like. Obstruct or try to interfere with the access of any user, network or host. This includes sending virus, overloading, flooding, spamming, or mail-bombing the Site Impersonate, or knowingly allow or enable another person to impersonate, any person or entity or misrepresent your identity or affiliation with any person or entity. Violate any applicable law or regulation. If you breach these Terms of Use, your right to access and use the Service will cease immediately and Evidi has a right to terminate other terms and conditions agreed between you and us immediately.
Duration
Any Service can be cancelled on one (1) month notice by both parties.
You may cancel the Service by informing us via the Site. You acknowledge that there will be no refunds for partial months of service if you cancel the Service.
Intellectual property rights
The Terms will not change the copyright, right of disposal or property rights held by the parties prior to the Terms, and which they retain during the performance of the Service.
No intellectual property rights are transferred from Evidi to you. You do not have exclusive access to the Service.
Evidi grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service subject to the restrictions set forth in these Terms.
You will retain the right of ownership of all data that is entrusted to Evidi for processing. The same will apply to the output from the Evidi's processing of such data if applicable.
Evidi has a right to use traffic pattern and other metadata ("Metadata") on an aggregated level in order to improve the Service.
Metadata is data which is generated by use of Archeo, either by an individual user or from general use of the system. As a cloud application, Archeo will have Metadata from interacting with your web browser, transmitting data via the internet, etc.
We have no intention of and will seek not to process personal data as part of Metadata.
Metadata is used for the following purposes:
Software and user experience improvement Displaying relevant information Security related purposes Development and testing Information security Evidi will take appropriate measures to address the information security requirements associated with the performance of the Service.
This entails that Evidi will take appropriate measures to ensure the confidentiality of the Customer's data, as well as measures to ensure that data does not fall into the hands of unauthorised persons. Furthermore, Evidi will take appropriate measures to protect against the unintended modification and deletion of data, and against virus and other malware attacks.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored, or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any webservice linked to it.
Privacy
Please refer to our Privacy Policy for information and notices concerning our collection and use of your personal information. If the assignment concerns the processing of personal data on behalf of you, you agree to enter into Evidi's Data Processor Agreement in accordance with the personal data protection legislation by establishing a subscription for Archeo, cf. the introduction paragraph.
Confidentiality
Confidential information of which the parties become aware in connection with Service and the implementation of the Service must be kept confidential and may not be disclosed to any third party without the consent of the other party.
Third parties
The Service may contain links, or other features that provide you with access, to other websites,resources and/or services provided by third parties. We have no control over the contents of those websites,resources and/or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website, resources and/or services.
Liability
Nothing in these Terms will limit our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or any other liability which cannot be excluded under applicable law. Subject to the preceding paragraph, to the maximum extent permitted by applicable law:
all warranties, conditions and other terms implied by statute or common law are excluded from these Terms; and we will not be liable for any loss or damage of any kind, whether in tort (including negligence), contract or otherwise, even if foreseeable, arising out of or in connection with these Terms. In no event will Evidi's aggregate liability arising out of or in connection with the Terms exceed 1 months' fees if you are registered for a paid subscription, and NOK 0 if you are registered for a free subscription, as applicable.
In the event of the loss or destruction of data that is due to circumstances related to you, you shall cover the documented additional costs of Evidi resulting from such circumstances.
Evidi shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after any such termination. In the event Evidi terminates these Terms for your breach, you will remain liable for all amounts due hereunder.
Governing law
These Terms will be governed by, and construed in accordance with, the laws of Norway and each party hereby submits to the exclusive jurisdiction of the courts of Norway. Oslo City Court is agreed as the venue for disputes in the first instance.
Contacting us
If you have any queries about this the Terms of Use, the Privacy Policy or the Service, please contact us by email at support@evidi.com or by phone on +47 669 08 000. If you contact us by phone, please ask for customer support.
Change log
Version 1.0: first version published 2018.12.20