Terms of Services

These Terms of Service (“Terms”) sets out the standard terms governing your access to and use of the Scalando software solutions ("Service") provided by Scalando AS, org. no 925 374 261 ("Scalando").

By clicking the "I agree" button you accept to enter into a legally binding agreement with Scalando regarding your access to and use of the Service.

1. ACCESS TO THE SERVICE

You may use the Service only for business purposes and only within the range of your normal business activities, on a non-exclusive basis, solely in strict compliance with these Terms, the documentation that accompanies the Service (the “Documentation”), and all applicable laws, including without limitation, data privacy laws.

2. USE THE SERVICE

Upon first use of the Service you will be required to register a user account and create a username and password. A confirmation email will be sent to the email address you provided upon registration, for authentication of your user profile. You must complete the authentication process described in the confirmation email before you can start using the Service.

With the exception of content shared publicly as facilitated by features built into the Service, all access to the Service must happen through personal user accounts. When registering a personal user account, you shall provide correct, accurate, current, and complete information about each user through the Service’s registration form and maintain and promptly update the registered data to keep it true, accurate, and complete.

User accounts are personal and must not be shared between individuals. Account information and passwords shall be kept confidential. You shall not authorize any third-party to access or use the Service, unless and to the extent Scalando has provided mechanisms within the Service that clearly allows such use. Scalando will not be liable for any loss or damage arising from any unauthorized use of personal user accounts.

You are fully responsible for any use of the Service that is conducted through personal user accounts created by you.

3. CUSTOMER CONTENT AND DATA

You warrant that you have all necessary rights or licenses to upload, use, exploit, and sub-license the data that you upload to the Service as contemplated in these Terms. You are fully responsible for the data that you upload to the Service, including for ensuring that the data do not violate applicable law or any third parties’ intellectual property rights.

Scalando does not claim ownership of any content or data that is transmitted, stored, created, or processed through any personal user accounts or otherwise by you. Scalando does not control, verify, or endorse the content or data in any way.

Scalando and its contractors are hereby granted the right to transmit, process, use, and disclose content or data posted on the Service to the extent necessary to provide the Service, or to comply with any request of a governmental or regulatory body as required by law. To the extent that the data you upload personally identifiable information, Scalando’s processing of such data is subject to our Privacy Policy.

4 - ACCEPTABLE USE POLICY ('AUP')

This provision (“AUP”) sets out the rules governing your use of the Service. In the event that Scalando suspects that you are in breach of this AUP, Scalando may suspend access to the Service without notice.

You shall not use the Service to harm others or the Service. For example, you shall not use the Service to harm, threaten, or harass another person, organization, or Scalando. You may not use the Service to attempt to build a similar service or website or to build a product using similar features or functions.

In addition, you shall not, and shall not assist or encourage any third party to:

  • Use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, and the Documentation
  • Access or use the Service in any way intended to improperly avoid incurring fees or exceeding user limits or quotas
  • Share passwords or other access information or devices, or otherwise authorize any third party to access or use the Software or the Service
  • Use the Service to engage in any unlawful or fraudulent activity
  • Use the Service in connection with or operation of facilities, systems, devices, or in other situations in which the failure of the Service could lead to death, personal injury, or physical property and/or environmental damage
  • Sell, lend, rent, resell, lease, sublicense, or otherwise transfer any of the rights granted you with respect to the Service to any third party
  • Modify, alter, tamper with, repair, or otherwise create derivative works of the Service or any Software that accompanies the Service
  • Use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities
  • Use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Scalando) to access or use the Service
  • Damage, disable, or impair the Service (or any network connected to the Service), Reverse engineer, disassemble, or decompile the Software used to access the Service
  • Access or attempt to access Scalando’s other accounts, computer systems, or networks not covered by the Terms
  • Cause inordinate burden on the Service or Scalando’s system resources or capacity Remove, obscure, or alter any proprietary rights notices pertaining to the Service

Scalando reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit Scalando’s response to a future complaint.

5 - UPDATES TO THE SERVICE

Scalando reserves the right, at its sole discretion, to make necessary unscheduled deployments of changes, updates, or enhancement to the Service at any time.

Scalando may add or remove functionality or features and suspend or stop a Service.

By agreeing to this policy you acknowledge Privacy Note may be updated in any time in order to comply with GPDR and service changes on the Scalando platform.

6 - INTELLECTUAL PROPERTY RIGHTS

Scalando and Scalando's sub-suppliers, as applicable, retain all copyrights and other intellectual property rights to the software and technology which are used to provide the Service.

7 - CONFIDENTIALITY

You may be able to access confidential information through the use of the Service. You are obliged to maintain confidentiality about such information.

You may not use confidential information for other purposes than fulfilling these Terms. To the extent necessary for this purpose, Scalando may share your confidential information with Scalando's sub-suppliers.

8 - DISCLAIMER OF WARRANTY

Scalando provides the service "as-is" and "as available". Scalando makes no representations or warranties of any kind, and all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, non-interference, the accuracy of informational content, or arising from a course of dealing, law, usage or trade practice are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by Scalando, its suppliers and licensors.

9 - INDEMNIFICATION

You will indemnify Scalando from any claim that a third party raises against Scalando or Scalando’s sub-suppliers on the basis that data you have uploaded to the Service infringe a third party’s intellectual property rights. Scalando will in such event notify you about the claim in question, giving you full information about the claim.

Scalando may demand that you, at your own cost, handle the defense of the claim yourself, or that you provide Scalando with reasonable assistance in their defense of the claim, according to Scalando's choice. In no event shall you enter into a settlement agreement or discuss settlement talks with the opposite party without a prior agreement with Scalando.

10 - LIMITATION OF LIABILITY

Scalando assumes no liability towards you in relation to your use of the services of Scalando.

11 - GOVERNING LAWS; DISPUTES

These terms are governed by Norwegian law. The parties agree on Oslo District Court as the agreed legal venue.

12 - CHANGES TO THESE TERMS

Scalando will revise these Terms from time to time, and these Terms shall at all times apply as they are available in the privacy section.

13 - QUESTIONS

Should you have any questions concerning these Terms, please get in touch with us: legal(at)Scalando.com