End User License Agreement (EULA)

By accepting this End User License Agreement (“EULA”), you agree to the terms and condition of this Agreement

 

1. Definitions and interpretation

In this Agreement, except where the context requires otherwise, the following words shall have the following meaning: “The Services” constitute either parts of or the whole application provided under the domain 24SevenOffice.com. License means the right for you to use the Services via the Internet and in a Web-interface, not the right to have a copy of the Services on your servers/computers. The licensor means the legal entity that owns the right to the source code. Invoicing means all types of handling payments. An electronically sent invoice or a transaction through third party payment services, eg. Credit card payment or online payment companies.

 

2. Entry into force

This EULA shall enter into force when you accept this EULA or start using the Service. The license shall remain valid for so long as the license fee and the ongoing monthly subscription are paid. The Licensor is obligated to offer the license for your prepaid period. For free licenses of the Services, it is valid provided that the software has been used by the licensee during the past six (6) months. The account may be deleted without notice after expiring. Licensor shall store all data thirty (30) days after this EULA has expired. Licensor may amend the content in this EULA at any time. The revised version will be effective at the time it is posted on the website. In addition, if the revised version includes a substantial change, the licensee will be informed by an electronic notice. The Agreement is an important document which the licensee must consider carefully when choosing whether to use the Services. This license replaces all former EULAs related to the Service.

 

3. The License

You are hereby granted a non-exclusive, non-transferable license to use the Services. The content of the Service is always subject to the discretion of the licensor, which is entitled to change the content without notice. The licensor has the right to change functionality in the Services when modules are upgraded. By executing this EULA the licensee accepts information about Services and products offered by licensor and partners. Licensee also accepts electronic invoice or automatic redraw from credit card. For any free licenses delivered by the licensor, you accept advertisements for any Services and products. Information and advertisements can be delivered as banners, emails, SMS, text links or any other formats. If you have administrative rights to your account, you are responsible when accepting electronic orders of Services, third party services, products and consultant services from licensor and approved partners of licensor. The Licensor may subsequently choose to charge for the free licenses of the Services upon a six (6) month notice. The username and password to the Service must be kept secret from any other person. Licensor takes no responsibility for consequences if username and password should reach a third party. Licensor recommend that all users activate multifactor authentication in the Service. If you should suspect any safety violations, you shall immediately take contact with the licensor. You cannot use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“Spam”). You may not store content of pornographic nature or other content that is conflict with local laws. If you use the Service to store content that is considered to be personal data, it is your own responsibility to store this content in areas that are not accessible for End-users without permission to view this data. See licensor's Privacy Notice for details concerning handling of personal data. When using the Service, you are expected to comply with all requirements of law within such jurisdiction.

 

4. Limitation of Liability

Licensor’s liability, if any, and your sole and exclusive remedy for damages for any claim of any kind whatsoever arising out of or related to this agreement shall not be greater than the actual fees paid for the Services with respect to which such claim is made during the immediately preceding twelve (12) month period prior to the filing of the claim. Under no circumstances will licensor be liable to you or any third party for any consequential, special, indirect, incidental or punitive damages of any kind. Including, but not limited to, lost profits, lost data, business interruption, loss of business reputation or goodwill, or the cost of procurement of substitute goods or services, even if licensor has been advised of the possibility of such damages. This shall also include any system errors in the Service, user documentation and incorrect use of the Service. You shall bear financial responsibility for any additional work that must be carried out due to possible errors within the Services. The
licensor reserves the right to rectify any potential errors in the Services.

 

5. Warranty Disclaimer Regarding Services

By accepting this Agreement, you understand and agree that Services are provided “as is” and licensor expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or of fitness for a particular purpose. Licensor makes no warranty or representation regarding Services, any information, materials, goods or Services obtained through Services, or that Services will meet your requirements, or be uninterrupted, timely, secure or free from error or defect. Licensor disclaims and excludes any representations or warranties that the Services are compatible with any combination of Services or software not furnished by licensor which you or any Customer may choose to utilize with the Services.

 

6. Ordering of additional services

By ordering any additional or third party services inside the Service, you confirm that you have the rights from your employee to place such an order. You also confirm that your employee is aware of the order and that the licensee is accepting the payment responsibility for this service. You also confirm that you have read and accepted the terms and conditions for this services. If you are a sole proprietorship or use the Services in privat, you are responsible for accepting the payment responsibility yourself.

 

7. Third party

The licensor is not responsible for support, customization or development carried out by third party suppliers. The Licensor is not responsible for commitments entered into by a third party that could represent an obstacle to the performance of this EULA.

 

8. System requirements

The Service is available on all web browser platforms. For the best performance licensor recommends a minimum screen resolution of 1024×768. Licensor cannot guarantee against lag errors due to updates of browsers, operating systems or other external sources that are used to run the Service. Licensor can neither guarantee that all functionality will function as intended with all versions of different web browsers, especially after web browser upgrades. The Service also includes a mobile alternative with functionality specially adapted for this purpose. Mobile version may be priced separately.

 

9. Internet

The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Licensor is not responsible for any delays, delivery failures, or other damage resulting from such problems.

 

10. Disk Size

If nothing else is agreed upon in a separate Customer License Agreement (CLA), there is one (1) GB of disk size included per user. Licensor can at any time change the size of the disk size included.

 

11. Backup

It is the licensor’s responsibility to backup the data on a daily basis and store the backup for five (5) days. See the Customer License Agreement (CLA) for SLA and backup for subscription-based Services. The backup service includes restoration of data in the event of a potential server crash or a loss of data, caused by the system. The licensor warrants that the service does not entail the risk of losing data structures or data beyond one backup interval. Any failure of the backup routine is the responsibility of the licensor.

 

12. Data and Copyrights

The licensee that has the right to use the Service is the owner of all data that is entered into the Service. The Licensor may, upon prior notice to the licensee, delete data considered harmful for the system or data that is illegal. The licensor also has the right to delete data on free versions that have not been used for the last six months. The source code, design and other aspects of the system are considered the licensor’s property and only the licensor has the ownership of it. You may not edit, copy, resell or in any other way distribute the Services absent a written agreement with the licensor.

 

13. Privacy

By accepting this EULA, you consent to the use of personal data described in licensor's Privacy Notice. Licensor will also store usage patterns for optimizing further development of the Service and to give you the best user experience. The storage will only be used for these purposes.

 

14. Force Majeure

In case the implementation of this EULA is partially or completely prevented, or is hindered to a substantial degree by conditions beyond the control of the parties, the duties of the parties shall be suspended to the extent the conditions are relevant, and for such a period as the conditions continue. These conditions include, but are not restricted to, strikes and lockout and each condition that Norwegian Law would consider force majeure or that is beyond the control of the parties. However, either party may terminate this EULA if the case of the force majeure makes it particularly burdensome to maintain the EULA.

 

15. Disputes and governing law

Any conflicts shall be subject to the courts of Oslo, Norway and the EULA and the CLA is governed by Norwegian law.

 

Last review

10 February 2023

Changelog

Edited January 31, 2022
Removed InStore as a ordering option inside the Service. Updated the text so that it is clearer that it is the Licensee that owns the data that is entered into the Service. Updated the text about backup, so that it is more clear connection to the Customer License Agreement (CLA). Language clarifications.

Edited: May 08, 2018
Changed section about Privacy and linked to the new updated Privacy Policy. The acceptance of the EULA still requires that you have accepted the Privacy Policy. Minor language clarifications, and changed the expression “version” to “license”.

Edited: March 7, 2017
Updated paragraph about system requirements so that it is similar to the CLA.

Published: June 25, 2012