1.1.1. The customer has ordered a Service from Kvist Solutions AS through an Order. The customer can order the Service directly from Kvist Solutions AS, from its website or through a Partner.
1.1.2. These Terms of Use are standard terms that regulate the use of the Service. Please read these terms carefully. By placing an Order, by signing, clicking on "I approve" or similar on any presentation of the Terms of Use, in the Service, confirmation email or other order form, the Customer enters into a legally binding contract with Kvist Solutions AS . Only individuals with the necessary rights at the Customer can do so. If you do not agree to the Terms of Use, or do not have the necessary authorization from your company to place an Order, you must not use the Service, place an Order, or approve or sign the Terms of Use, as this constitutes a binding legal agreement on behalf of of your company. A legally binding agreement between your company and Kvist Solutions AS will be entered into if and when Kvist Solutions AS issues an Order Confirmation. A separate procedure applies to trial customers. When ordering a Service, the Order Confirmation will change any existing agreement to include the new Service.
1.1.3. The terms of use regulate a wide range of services from Kvist Solutions AS.
The following information appears on the Order Confirmation, depending on which Service the Customer has ordered.
1. The name of the Kvist Solutions AS company with which the Customer enters into a contract.
2. Which Service, including Users and Modules, the Customer has Ordered.
3. Fee for the Service Ordered.
4. Information on how the Customer can cancel the subscription for individual Services, and the customer relationship with Kvist Solutions AS.
5. Any additional terms and information that may apply, such as information on Service-specific status pages, or as agreed between.
1, 2 and 3 also appear on the invoice.
1.1.4. Unless otherwise specifically agreed in writing, the Terms of Use and the Order Confirmation (including any additional terms) constitute the entire agreement between the Customer and Kvist Solutions AS that applies to the Service. The purchase of other services from Kvist Solutions AS or a Partner, such as training, implementation or adaptation, is not covered by the Terms of Use.
1.1.5. Kvist Solutions AS can change the Terms of Use if necessary. The terms of use always include the date of the last update. Such changes will be notified at least 30 days in advance. If the Customer does not accept changes to the Terms of Use, the Customer may terminate and request a proportionate refund for Fees that have been paid in advance for the period after the termination date for the Service in question.
1.2.1. The price for the Service is in accordance with the current price lists from Kvist Solutions AS, as published online or made available in another way from Kvist Solutions AS.
1.2.2. Unless otherwise explicitly stated in the price list or agreed in writing, all Fees are due when due and cannot be refunded. There are no refunds for unused transactions, Users, Service or remaining days in Subscription Periods, unless the availability of the Service is significantly limited or reduced for reasons that can be attributed exclusively to Kvist Solutions AS. In such cases, Kvist Solutions AS may, at its discretion, and as the sole remedy for the Customer, offer the Customer a reasonable refund for Fees that have accumulated during the period of reduced availability.
1.2.3. Fees are e.g. all taxes and fees. Unless otherwise explicitly agreed, Kvist Solutions AS adds any applicable value added tax to the invoice.
1.2.4. Kvist Solutions AS reserves the right to change the price, with 1 month's notice where a subcontractor has increased the price vis-à-vis Kvist Solutions AS, and to increase the prices annually to take account of general price and cost increases.
1.2.5. The customer undertakes to pay all Fees for use of the service before they become due. Kvist Solutions AS will engage in dialogue with the customer in the event of default. If default is not put in order, Kvist Solutions AS must consider stopping further delivery of the Service, as well as collect all outstanding claims and any contractual Fees in due course. Norwegian law regulates interest rates and venue.
1.3.1. General messages and information about the Service, such as information about new functions, price changes or planned maintenance, will be delivered in the Service, on the Software's websites, online communities or by e-mail.
1.3.2. Messages regarding the Customer's Service, including Order Confirmations, or other information of particular importance, e.g. related to security or privacy, will be sent to the Customer's primary email address.
1.3.3. The customer is responsible for providing Kvist Solutions AS with updated contact information at all times, including a primary email address. 1.3.4. All messages are considered delivered when they are sent or posted by Kvist Solutions AS.
All notices are effective immediately unless otherwise stated in the notice.
1.4.1. The customer purchases a right to use the Service which is made available online by Kvist Solutions AS. By purchasing a right of use, the Customer gains access to and the right to use the Service in accordance with these Terms of Use.
1.4.2. Kvist Solutions AS will provide operational support free of charge, for example in connection with login or account problems, or errors in the Service. Additional support, such as user training, can be purchased separately from Kvist Solutions AS or a Partner.
1.4.3. The service is delivered "as is" as a standard service. The service is not conditional on, or linked to, any particular version or functionality at any particular time, or any publications, materials or comments published by or on behalf of Kvist Solutions AS, or other entities. The customer can use the Service online as it is offered at all times.
1.4.4. Kvist Solutions AS reserves the right to make improvements, add, change or remove functionality, or correct errors or omissions in any part of the Service at its own discretion and without obligation or liability as a result. If such modification is deemed to disable or remove functionality that constitutes a significant part of the Service permanently, or for a period of more than two months, the Customer is entitled to cancel the subscription for the affected Service and receive a proportionate refund for Fees paid on in advance for the concerned Service.
1.4.5. Kvist Solutions AS reserves the right to discontinue the Service or its availability in a specific market, with 12 months' notice. The customer shall be entitled to a proportionate refund for Fees paid in advance for the period after the date of termination of the affected Service, shall stop using the Service after the date of termination of the affected Service, and shall not be entitled to make further claims against Kvist Solutions AS.
1.4.6. Certain Software or parts of the Service may be subject to additional terms or restrictions (such as limitations on storage space, number of transactions or vouchers) or require registration on websites (for example for the use of a payment service). This is specified in the Order Confirmation.
2.1.1 The Customer is granted a limited, non-exclusive, revocable and terminable right to access and Use the Service, limited to the Customer's internal business purposes and in accordance with the Terms of Use.
2.1.2. For clarification and without limiting the generality of the above: "internal business purposes" means operations and activities exclusively related to the Customer's own business, which are described in the agreement and limited to Norway. The agreement shall not under any circumstances be interpreted as meaning that the Customer can act as a service provider or the like, or use the Service in or for any entity in which the Customer owns less than 51%.
2.1.3. The right of use may not under any circumstances be transferred to or assigned to any entity, in whole or in part (including but not limited to mergers and fissions, bankruptcy, change of ownership or control, or to related parties) without prior written approval from Kvist Solutions AS in the individual the case, which shall not be unreasonably withheld.
2.1.4. The Customer is solely responsible for all Use of the Service, including actions by Users and administration of Users, and accesses or integrations by third parties and Integrated Applications. The customer is solely responsible for the content and legality of data, and must not transfer or process harmful code, data or the like (for example viruses) in or with the Service, or use the Service for illegal, malicious or harmful purposes.
2.1.5. Users are managed by the Customer and are the Customer's responsibility. Users must have the necessary rights from the Customer to Use the Service. All User Accounts are for named individuals. For clarification: The Customer assigns User Accounts to third-party individuals who perform actions on behalf of and for the benefit of the Customer, such as the Customer's accountant, auditor, consultant and the like.
2.1.6 The customer is responsible for paying the license fee and any other fees to the owner of the standard according to which the project is to be certified. If, for example, the customer is to be certified according to BREEAM, the customer is responsible for paying the fees imposed by Grønn Byggallianse and BRE, for use of the manual.
2.2.1. Customer is granted a limited, non-exclusive, revocable and terminable right to access the Use of the Service Customer has registered for a trial account for, for a limited period of time, solely for the purpose of evaluating the suitability of the Software for Customer's internal business purposes and in accordance with the Terms of Use .
2.2.2 The trial period starts from the moment the Customer accepts the Terms of Use. The duration of trial periods can vary.
2.2.3 Customer data that is processed in the Service during the trial period will be deleted from Kvist Solutions AS's systems after the trial period, unless it is agreed that the data can be transferred to an ordinary customer account if the Customer chooses to purchase an ordinary right to use the Service.
3.1.1 Transparency and accountability are important to Kvist Solutions AS. Information and details about how Kvist Solutions AS processes personal data in our Service is in our privacy policy.
Kvist Solutions AS can be contacted at dpo@kvistsolutions.com for questions.
3.2.1 The customer is responsible for processing all customer data, and agrees to and/or guarantees, as applicable, that:
- The Customer hereby instructs Kvist Solutions AS to Process the Customer Data only on behalf of the Customer, and only for the purpose and to the extent necessary to deliver the Service in a secure and professional manner, in accordance with and to fulfill the Terms of Use and applicable privacy law;
- The Customer is the owner of or otherwise has the right to transfer Customer Data, including personal data, to the Service for processing, and that the Customer is responsible for the accuracy, integrity, content, reliability and legality of such Data, including its Use;
- The data processing, where applicable, has been notified to the relevant supervisory authorities and/or the Registered; and that the data processing does not constitute a breach of applicable legal provisions;
- It is the Customer's duty as Data Controller to notify, to the extent required by applicable law, applicable supervisory authorities and/or the Registered Person in the event of a breach of personal data security.
3.2.2. Kvist Solutions AS is the Data Processor for Customer Data, and agrees to and/or guarantees, as applicable:
- to comply with advice and directives from the relevant supervisory authorities.
- that Kvist Solutions AS has implemented technical and organizational security measures to protect the Data against loss and unauthorized processing, ensure the confidentiality, integrity and availability of the Data, and that these measures constitute a level of security that is appropriate for the risk associated with the processing, with regard to available technology and implementation costs;
- that Kvist Solutions AS must inform the Customer without undue delay after becoming aware of a breach of personal data security with a reasonable degree of security.
- that Kvist Solutions AS shall, after becoming aware of it, notify the Customer without undue delay of instructions or other Data Processing by the Customer which, in Kvist Solutions AS' opinion, violates the applicable law.
- that Kvist Solutions AS, within its obligations as a Data Processor under the current Personal Data Act, shall assist the Customer in its role as Data Controller, with appropriate technical and organizational measures, as far as possible and with regard to the nature of the Processing and the information available to Kvist Solutions AS, including assisting the Customer in answering requests in connection with the exercise of the Data Subject's rights, and by providing information that is necessary to demonstrate compliance with the applicable Personal Data Act. Kvist Solutions AS reserves the right to invoice its standard rates for such assistance.
- that when Kvist Solutions AS's legal basis for processing Customer data expires, regardless of the reason, for example termination of the customer relationship, Kvist Solutions AS shall delete the Customer's data from the systems, unless legal provisions require continued storage of the data by Kvist Solutions AS.
- that Kvist Solutions AS shall notify the Customer of any request for dissemination, access or disclosure of data that has been received directly from the Registrant, and from public authorities, unless Kvist Solutions AS is legally prevented from doing so. Kvist Solutions AS will not respond to such requests unless the Customer has authorized it. Kvist Solutions AS will only communicate Customer Data to public authorities in connection with compliance with legally binding orders, such as a court order or search warrant;
- that Kvist Solutions AS will not publish any comment, statement or similar given by a Customer or User without prior approval.
3.3.1. Usage data is data generated by the use of the Service, which Kvist Solutions AS can use to protect the Data and the Service, deliver, market, develop and maintain the Service and related products and services as specified below.
Usage data are:
- Technical information and traffic data, such as operating system type, browser type, keyboard language and IP address;
- Aggregated customer or user-generated data, such as duration of sessions, password resets, and the like;
- Non-aggregated customer or user-generated data, such as context and content in support cases, chat boxes, security logs, and the like, and;
- Limited production data, such as images, files or databases from Customer data in certain circumstances, and subject to strict security measures.
3.3.2 Personal data: If User Data contains Personal Data, such as an e-mail or IP address, or information about the Customer, such as the customer's name or organization number, Kvist Solutions AS is the Data Controller based on legitimate interest, and must implement technical and organizational security measures for to achieve a level of security that is suitable in relation to the risk of the treatment:
Kvist Solutions AS anonymises such data using certain technical processes before it is processed for the purposes specified below, so that the data no longer contains Personal Information and the Customer (or other entities, e.g. the customer's customer) can no longer be identified.
If anonymisation is not possible due to technical limitations, so that there is a significant risk of re-identification, or it is not feasible in view of the purpose of the processing, Kvist Solutions AS shall implement further, appropriate security measures.
3.3.3. Restricted production data is limited in each case in terms of scope, access and time, and subject to appropriate security measures.
Limited production data is only used for the following purposes:
- Improvement of service and user experience
- Development and testing
- Statistics and research
- Security and related purposes
3.3.4. Kvist Solutions AS processes User Data exclusively for the following purposes:
- Improving service and user experience, for example by analyzing aggregate usage patterns, offering individual user settings or as outlined for limited production data above.
- General marketing and display of current information, for example for complementary or value-adding services, so as not to market the Service the customer already uses, and provide relevant market updates or information.
- Security and related purposes, for example by analyzing session and login data (including in real time), event logs and the like to prevent, investigate and document security problems and incidents (such as Breach of personal data security, fraud and various types of hacking) and to improve the security of the Service.
- Statistics and research, for example the number of invoices that go through our systems, including the use of aggregated and anonymous statistics in general marketing, and in connection with complementary Service or services, such as e.g. to be able to display market statistics that are relevant to the Customer in the Service.
- Compliance. Kvist Solutions AS can use and analyze Usage Data to check compliance with the Terms of Use, for example logging when a Customer accepts the Terms of Service.
- Development and testing, for example by analyzing aggregate usage patterns, providing data to develop new technologies (such as outlined for limited production data above), improve user experience, operational tests of new or updated services, or technical feasibility.
3.4.1. Kvist Solutions AS may use third-party subcontractors for the delivery and development of the Service, including the processing of Personal Data and/or Usage Data. Kvist Solutions AS will always enter into a data processing agreement with subcontractors to fulfill the obligations arising from this agreement.
3.4.2. If the subcontractors are located outside the EU, the Parties agree that Kvist Solutions AS is authorized to provide a valid legal basis for the transfer of Personal Data outside the EU on behalf of the Customer using approved transfer mechanisms, such as e.g. EU standard contracts. The customer authorizes Kvist Solutions AS to use such a transfer mechanism on behalf of the customer
3.4.3. Kvist Solutions AS will inform the Customer of planned changes to subcontractors in advance.
3.5.1 Kvist Solutions AS works purposefully to deliver a high level of security in our Service, including with regard to personal data and privacy protection. Kvist Solutions AS delivers a suitable level of security through organizational, technical and physical security measures, designed to ensure the confidentiality, integrity, availability and resilience of the Service, and the Data processed in the Service.
4.1.1. Kvist Solutions AS is the sole owner of the Service. The Service and intellectual property rights are protected by copyright, the Intellectual Property Act and other laws and treaties. Trademarks, product names, company names or logos stated in the Service or in connection with the Service belong to their respective owners.
4.1.2. When Service or other intellectual property from a third party is provided by Kvist Solutions AS as part of or in connection with the Service ("Third Party Components"), such Service or intellectual property is covered by the Terms of Use unless separate terms are provided by Kvist Solutions AS. If there is a conflict between the license terms of a third-party component and the Terms of Use, the license terms of the third-party component shall apply to the third-party component. If the Third Party Component is an open source Service, the Service shall not under any circumstances - apart from the Third Party Component - be considered to be an open source or publicly available Service. Where a Third-Party Component requires Kvist Solutions AS to provide the license terms and/or the source code for the Third-Party Component, this is available in the "About box" in the Service.
4.1.3. In the event of infringement or violation of intellectual property rights, Kvist Solutions AS or Kvist Solutions AS licensors may take all reasonable measures to protect their proprietary and commercial interests, including any authority that follows from the law. 4.1.4. The Customer (or the Customer's Clients, as applicable) is the sole owner of the Customer Data, including any intangible property associated with the Customer Data, and/or Integrated Applications.
4.2.1. Kvist Solutions AS will use commercially reasonable measures to ensure that the Service functions substantially as described in the Software Documentation during the Subscription Period, provided that it is correctly configured (including the Customer's choice of browser). Supported versions may vary from Service to Service and are available from the Software documentation. The customer and Kvist Solutions AS agree that the Service and its delivery will not be completely error-free and that improving the Service is a continuous process.
4.2.2. Kvist Solutions AS does not guarantee that the Service will meet the Customer's requirements, function correctly with the Customer's choice of equipment, systems or settings, set-up, configuration, modifications, adaptations, program additions or integrations that have not been carried out or controlled by Kvist Solutions AS, or that have been delivered over Internet will be uninterrupted. Kvist Solutions AS is not responsible for the Internet, Internet service providers or the Customer's Internet connection.
4.2.3. If the Service does not function in accordance with the limited warranty specified in this section, Kvist Solutions AS shall correct confirmed errors or defects in the Service at its own expense. "Confirmed errors or deficiencies" means errors or deficiencies that can be reproduced by Kvist Solutions AS and/or confirmed through Kvist Solutions AS's support channels, and which occur during the Subscription Period. Kvist Solutions AS may choose to replace the Service or functionality instead of carrying out a correction.
4.2.4. If the confirmed error or deficiency is of a significant extent, which means that the Customer's ability to use the Service is significantly reduced, and Kvist Solutions AS does not remedy confirmed errors or deficiencies or replace the Service within a reasonable period of time, the Customer may terminate the right of use for the affected The service. In that case, the Customer is entitled to a proportionate refund for all Fees for the remaining Subscription period for the affected Service, starting with the month following verification by Kvist Solutions AS of the error or deficiency.
4.2.5. Apart from what is expressly stated here, the Customer shall not have the right to raise other or further claims against Kvist Solutions AS.
4.2.6. Except as expressly stated herein, neither Kvist Solutions AS nor Kvist Solutions AS's licensors or suppliers make any warranty, expressed or implied, including without limitation warranties of title, non-infringement, merchantability, fitness for a particular purpose or capacity for system integration. No other claims than those that appear specifically herein may be made with regard to the Service, and the Customer shall not base any claims on terms that are not expressly stated in the Terms of Use.
4.2.7. Links to websites not owned or controlled by Kvist Solutions AS that appear in the Service or related websites or documentation are provided for service and convenience. Kvist Solutions AS is not responsible for such websites.
4.3.1. Kvist Solutions AS is not responsible for Customer Data, including content, ownership and legitimacy, or for Use or other activities performed on Customer Data by the Customer or on behalf of the Customer, or in any other way beyond Kvist Solutions AS's control.
4.3.2. If Kvist Solutions AS is held liable for the payment of compensation by a court-approved settlement or legal ruling, to the Customer as a result of a breach of any of the obligations specified in the Terms of Use, such compensation shall under no circumstances include compensation for indirect or direct damages of any kind that arises as a result of or in connection with such breach, including but not limited to loss of Customer Data, production, income or profit or third party claims or government sanctions, even if Kvist Solutions AS is informed of the possibility of such damages. Kvist Solutions AS's liability under the Terms of Use is limited to direct damages, unless otherwise follows from non-derogable legal provisions, such as damages caused by gross negligence or intent.
4.3.3. Total accumulated liability (including any refunds and compensations for direct losses and costs) during the Subscription Period for the Service shall not in total exceed an amount equivalent to 12 months' Charges for the affected Service.
4.3.4. Neither Kvist Solutions AS nor the Customer shall be liable for any delay or neglected performance arising from or in connection with force majeure, including earthquakes, riots, labor disputes, operations and legislation relating to the Internet, and other events similarly outside the scope of Kvist Solutions AS's or the Customer's control. If legislation, directives or regulations that apply to the Service or its delivery are changed, or new legislation or new regulations are adopted after the Service has been made available on the market, which prevents Kvist Solutions AS from fulfilling the Customer's instructions or its obligations according to the Terms of Use, and / or which requires the suspension of the Service, in whole or in part, for a time-limited period or for an indefinite period, this shall be considered to be force majeure.
4.3.5. Although Kvist Solutions AS will exercise caution in ensuring the secure transfer of information between the Customer and the Services, the Customer acknowledges that the Internet is an open system, and that Kvist Solutions AS cannot and does not guarantee that third parties cannot or will not intercept or change Data . Kvist Solutions AS does not assume responsibility for such misuse, forwarding or loss of Data.
4.4.1. Kvist Solutions AS shall defend the Customer against any claims or legal disputes where a third party claims that the Customer's use of the Service in accordance with the Terms of Use is contrary to or infringes the third party's patent, copyright or other intellectual property right. The customer must immediately inform Kvist Solutions AS of such a claim. Kvist Solutions AS shall indemnify the Customer for all damages awarded to the third party for infringement under a court-approved settlement or legal order, including legal fees, provided that the Customer cooperates with Kvist Solutions AS at Kvist Solutions AS's expense, and gives Kvist Solutions AS full control over the the legal process and settlement. Kvist Solutions AS may at its own discretion and assessment (i) change the Service so that it is no longer in conflict, (ii) replace the Service with a functionally equivalent Service, (iii) obtain a license for the Customer's continued use of the Service or (iv) terminate The Customer's right to use the Service against a refund of Fees paid in advance for Subscription Periods that last longer than the termination date. The customer cannot make other claims as a result of infringement of a third party's right.
4.4.2. The aforementioned indemnification shall not apply if the Service has been used in breach of or in breach of the Terms of Use, including if the claim arises from use, modification, integration or adaptation of the Service which has not been carried out by Kvist Solutions AS.
4.4.3. The customer must defend Kvist Solutions AS against any claims or litigation where a third party claims that the customer's data, or use of the Service in breach of the Terms of Use, is in violation of or violates the third party's patent, copyright or other intellectual property right, or violates applicable legislation. Kvist Solutions AS shall immediately inform the Customer of such a claim. The Customer shall indemnify Kvist Solutions AS for all damages awarded to the third party for infringement under a court-approved settlement or legal order, including legal fees, provided that Kvist Solutions AS cooperates with the Customer at the Customer's expense, and gives the Customer full control over the legal process and the settlement . The customer must also indemnify Kvist Solutions AS from all claims, fines, sanctions, etc.
4.5.1. Termination by the Customer: The Customer may terminate the customer relationship or individual Service (including Users and Modules) without giving any reason and at any time in accordance with the terms specified in the Order Confirmation. Terms may vary from module to module.
4.5.2. Termination by Kvist Solutions AS: If Kvist Solutions AS confirms or suspects on reasonable grounds that the Customer has or will default on its obligations under the Terms of Use, or the Customer goes bankrupt or becomes insolvent, Kvist Solutions AS may suspend the Customer's access to the Service or restrict the Customer's access to read-only access, until the matter is resolved. Kvist Solutions AS must give 30 days' advance notice of any suspension or restriction of access, and give the Customer reasonable time to respond before access is suspended or restricted. If the situation is not resolved within a reasonable time, Kvist Solutions AS reserves the right to terminate the Customer's right to use the Service, thereby terminating the customer relationship. Kvist Solutions AS may, at its own discretion, choose to terminate the Customer's right to use the Service with immediate effect if the Customer breaches the Terms of Use to a significant extent.
4.5.3. Deletion of data: Upon termination of the customer relationship, or where Kvist Solutions AS's legal basis for processing the Data expires, regardless of the reason, Kvist Solutions AS shall delete the Customer Data from its systems, unless mandatory legal provisions require Kvist Solutions AS to continue to store the Data. In that case, Kvist Solutions AS shall continue to ensure the security of the data as stated in the Terms of Use. The time it takes to delete data may vary from Service to Service. When the Customer Data has been deleted, Kvist Solutions AS shall have no further obligations towards the Customer regarding the Customer Data.
4.5.4. Return of data: The customer can request that the customer data be returned no later than 30 days after termination. If more than 30 days have passed, the data may have been irretrievably deleted. Kvist Solutions AS shall return the Customer Data in a format, time and delivery method determined by Kvist Solutions AS. The format, time and method of returning the data may vary from module to module.
4.6.1. The customer has entered into a contract with Kvist Solutions AS
4.6.2. The parties' rights and obligations shall be regulated in their entirety by the national legislation that applies to Kvist Solutions AS, the customer has entered into this agreement without regard to provisions on choice of law. If a dispute arises as a result of or in connection with the Terms of Use or the use of the Service, the Parties shall attempt to resolve the dispute through amicable negotiations. If the dispute cannot be resolved in the aforementioned manner, it shall be referred to the ordinary courts where Kvist Solutions AS has its registered business address. 4.6.3. The parties agree that they shall not raise claims arising from or in connection with the Terms of Use when more than one year has passed after termination.
No changes. This is the first version.