Terms of service

EFFECTIVE: NOVEMBER 1, 2017

Welcome to our Terms of Service of Use (“Terms”). This is important and affects your legal right, please read them through.

If you are entering into this agreement on behalf of a company or other legal entity, You represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you shall not accept this agreement and may not use the service.

You may not access the Vicotee Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

1. Introduction
2. Changes to the Agreements
3. Service and Paid Subscriptions
4. You rights
5. Privacy Policy
6. Data Privacy Policy
7. User Content
8. Vicotee’s rights
9. Service limitations
10. No official support
11. Payments and cancellation
12. Term and termination
13. Warranty and disclaimer
14. Limitation
15. Governing Law
16. Class Action Waive

1 Introduction

Thank you for choosing Vicotee AS (“Vicotee”, “we”, “us”, “our”). By signing up or using Vicotee Service (“Service”), websites (“Sites”), software applications, or accessing content or material made available by Vicotee through the Service you are entering into a binding Agreement with Vicotee.

Your agreement with us includes these Terms and our Privacy Policy and Data Privacy Policy. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree with or cannot comply with the Agreements, then you may not use the Vicotee Service.

A high speed Internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect your network to the Service, including, but not limited to, browser software that supports protocols used by Vicotee Service, including Secure Socket Layer (SSL) protocol or other protocols accepted by Vicotee, and to follow procedures for accessing service that support such protocols.

Please read the Agreements carefully. They cover important information about Vicotee Service provided to you and charges, taxes, and fees we bill you.

2 Changes to the Agreements

We may make changes to the Agreements. When we make material changes to the Agreements, we will provide you with prominent notice as appropriate under the circumstances, example; by prominent notice within the Service or by your email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service or following the instructions found on websites.

3 Service and Paid Subscriptions

 

3.1 User Registration

You may use the Service without registration. However, you need a Vicotee Account (“Account”) in order to access more Service. You may delete or suspend your account under the instructions found on websites.

3.2 Service and Paid Subscriptions

Vicotee Service provides Cloud service (such as cloud storage, generated contents or software applications) and Vicotee Professional Services (“VPS”). Certain Vicotee Service are provided to you free-of-charge. Other services require payment subscriptions before you can access them, we refer such services as “Paid Subscriptions”. The Vicotee Service that does not require payment if referred as “Free-Service”.

Additional terms and conditions may apply to some Paid Subscriptions and Free-Service, Vicotee will notice you of such terms and conditions when you are signing up for the services. Any additional terms and conditions for Paid Subscriptions and Free-Service are incorporated into this Agreement and are legally binding.

Free-Service may not be available to all users, we will explain which services are available to you when you are signing up for the services.

Paid Subscriptions may not be available to all users; we will explain which services are available to you when you are signing up for the services. If you cancel your subscription to Paid Subscriptions, or if your subscription to Paid Subscriptions is interrupted, that is; you change your payment details, you may not be able to re-subscribe for the Paid Subscriptions. The Paid Subscriptions may be discontinued in the future, in which case you will no longer be charged for the Services.

3.3 Trials

From time to time we or other on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate. Vicotee reserves the right, at our sole discretion and determination of your eligibility for a Trial, and to modify a Trial at any time without prior notice and with no liability.

For some Trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable Paid Subscriptions on the first day of month following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction of the Trial, you are agreed to this charge using such payment details. If you do not want this charge, you must cancel the applicable Paid Subscriptions through your Vicotee Account before the end of the Trial. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Subscriptions through Vicotee Account before the end of the recurring monthly period. Paid Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these Terms, Vicotee will not refund any fees that you have already paid.

Additional terms and conditions may to some Trials, Vicotee will notice you of such terms and conditions when you are signing up for the services. Any additional terms and conditions for the Trials are incorporated into this Agreement and are legally binding.

4 You rights

The Vicotee software applications and its contents are licensed, not sold, to you. Vicotee and its licensors retain ownership of all of the Vicotee software applications even after installation on your personal computers, mobile devices, tables or/and other relevant devices.

All Vicotee trademarks, service marks, trade names, logos, domain names and any other features of Vicotee brand, are sole property of Vicotee or it licensors. The Agreements do not grant you any right to use any Vicotee brand features whether for commercial or non-commercial use.

4.1 You are hereby commit and undertake the following

• You are responsible for updating any changes in your registration information to keep it up to date.
• You shall not post any information in the name of others.
• You shall not use registered accounts maliciously.
• You shall use Vicotee Sites, Cloud and Service in accordance with all applicable laws and take all responsibility for activities under your registered Accounts, including your statements and any loss or damage that may directly or indirectly arise from your statements. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content. Vicotee will not take any responsibility for any loss or damage that results from this behavior or activity.
• Any statement posted as public on Sites, Cloud or software applications will be deemed as public information, and user should bear legal liability for this action. If you do not want any third party to get your statements, please do not post them on the Sites, Cloud or software application.
• You must immediately notify Vicotee if you find any illegal or unauthorized activities. Vicotee will not be liable for damages or losses arising from a user’s non-compliance with any of the provision(s) above.

Vicotee reserves the right to suspend the Service and you shall fully bear all legal liability. Vicotee does not accept any responsibility or liability for any claims or loss arising from your actions.

4.2 Third parties

You may use third parties hardware; devices or sensors (“Devices”) and software applications with Vicotee Service. However, additional licenses, subscriptions, fees or/and Terms of Services may be required by third parties. You acknowledge that you have read, understood, and agree to the following notice regarding third parties. This Agreement is between you and Vicotee only, not with third parties, and third parties are not responsible for the Service and the content thereof.

Some of our Service has to be used with other networks, including but not limited to the application market and the theme market. You shall bear all the related communication fees or fees from any third party service providers. We strongly advise you to contact your providers for related fees if there are value-added services involved in your activities.

4.3 You shall also understand and hereby acknowledge the following

Vicotee have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to relevant authorities based on the applicable laws and regulations. Information about User Content can be found under 7 User Content of this Agreement.

5 Privacy Policy

All information provided by you will be governed by the terms of the Privacy Policy. The terms of the Privacy Policy forms part of this Agreement, and will be binding on you at all times.

6 Data Privacy Policy

All information provided by you will be governed by the terms of the Data Privacy Policy. The terms of the Data Privacy Policy forms part of this Agreement, and will be binding on you at all times.

7 User Content

User Content refers to all the contents; your information, picture, music, text and/or other types of content (“User Content”) resulting from upload or post (“post”) to the Sites or/and Service.

You are solely responsible for such content, and bear all risks that result from your disclosure of User Content. You must ensure you have the right to post your User Content on Vicotee Service and such User Content does not violate the Agreements, applicable law or the intellectual property (including without limitation copyright), publicity, personality or other rights of others.

Vicotee may, but has no obligation to monitor, review or edit User Content. We reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in our sole discretion, violates the Agreements. Vicotee may take actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion. Vicotee is not responsible for User Content nor does it endorse any opinion contained in any User Content.

8 Vicotee’s Rights

You grant us the right to allow Vicotee Service to use the processor, bandwidth and storage hardware on your devices in order to facilitate the operation of the Service.

If you provide feedback, ideas or suggestions to Vicotee in connection with Vicotee Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Vicotee to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

9 Service limitations

Vicotee will make reasonable efforts to keep the Vicotee Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Vicotee reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Vicotee Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Vicotee Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Vicotee permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), Vicotee will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Vicotee has no obligation to maintain, support, upgrade, or update the Service. This section will be enforced to the extent permissible by applicable law. Vicotee and/or any partners may, from time to time, remove any such Service or Content without notice to the extent permitted by applicable law. Vicotee are not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Vicotee. We assume no responsibility for the reliability or performance of any connections as described in this section.

10 No official support

No User Content or other content posted by Vicotee employees, moderators and/or representatives on the Vicotee Community should be construed as official support provided by Vicotee. Any content provided or made available to you on the Vicotee Community by Vicotee employees, moderators, and/or representatives is provided on an as is basis without warranties of any kind.

11 Payments and cancellation

Paid Subscriptions can be purchased directly from Vicotee or through a third party by paying a monthly subscription fee. When you register for a Paid Subscription or Trial, you consent to get access to Vicotee’s Paid Subscription services immediately.

Paid Subscriptions are recurring monthly basis and will be invoiced in advance, start at the first day of the month. If you register a new Paid Subscription fourteen (14) days before next recurring period, you will gain access to that Service for free for those fourteen days (“Grace-period”) until the first day of next month. Any registering of Paid Subscriptions done more than fourteen (14) days before the next recurring period; first day of next month, will be considered as a full month effective from registered date and you pay for a full month.

Vicotee may change the price for the Paid Subscriptions from time to time, and will notify you in advance, and if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Vicotee Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Vicotee Service prior to the price change going into effect.

If you do not want to continue to be charged on a recurring monthly basis for a Paid Subscription, you must cancel the applicable Paid Subscription through Vicotee Account before the end of the recurring monthly period. Paid Subscriptions can not be terminated before the end of the period for which you have already paid, and except as expressly provided in these Terms, Vicotee will not refund any fees that you have already paid.

Reenabling Paid Subscriptions do not have Grace-period as new registered Paid Subscriptions. Vicotee keeps track of duration of Paid Subscriptions, any Paid Subscriptions enabled more than one (1) hour, will be charged for full on next recurring period.

12 Term and termination

The Agreement will apply until terminated by either your or Vicotee. You acknowledge and agree that the perpetual license granted by you in relation to use User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Vicotee may terminate the Agreements or suspend your access to the Vicotee Service at any time, including in the event of your actual or suspected unauthorized use of the Vicotee Service, or non-compliance with the Agreements. If you or Vicotee terminate the Agreements, or if Vicotee suspends your access to the Vicotee Service, you agree that Vicotee shall have no liability or responsibility to you and Vicotee will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time.

13 Warranty and disclaimer

Vicotee will do our best to provide the best service we can. However, you acknowledge and agree that Vicotee Service is provided “as is” and “as available”, without express of implied warranty or condition of any kind. You use Vicotee Service as your own risk. To the fullest extent permitted by applicable law, Vicotee makes no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Vicotee make no warranty that the Vicotee Service is free of malware or other harmful components. We make no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), User Content, or any other product or service advertised or offered by a third party on or through the Vicotee Service or any hyperlinked website, or featured in any banner or other advertising. You acknowledge and agree that Vicotee is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the Vicotee Service. No advice or information whether oral or in written obtained by you from Vicotee shall create any warranty on behalf of Vicotee in this regard. Some aspect of this section may not apply in some jurisdictions if prohibited by applicable law.

14 Limitation

You acknowledge and agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Vicotee Service is to uninstall any Vicotee software and stop using Vicotee Service. While Vicotee accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separated agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Vicotee, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

To the maximum extent permitted by applicable law, the liability of Vicotee, if any shall be limited to the actual amounts paid by you for Vicotee Service. In no event will Vicotee, it’s officers, shareholders, employees, partners, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for

1. any indirect, special, incidental, punitive, exemplary or consequential damages
2. any loss of use, data, business or profits (whether direct or indirect), in all cases arising out of the use or inability to use Vicotee Service, third party applications or User Content thereof, regardless of legal theory, without regard to whether Vicotee has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.

 

15 Governing Law

To the maximum extent permitted by applicable law, you agree to indemnify and hold Vicotee harmless from and against all damages, losses, and expenses of any kind arising out of

1. your breach of this Agreement
2. any User Content
3. any activity in which you engage on or through the Vicotee Service
4. your violation of any law or any rights of a third party.

This Agreement shall be governed by and construed in all respects in accordance with the laws of Norway. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, and which is not settled by mutual agreement, shall be subject to the jurisdiction of Drammen District Court (Drammen tingrett).

16 Class Action Waiver

Where permitted under applicable law, you and Vicotee agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.