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Appendix 4 –
General Terms

  1. About the terms. The Service Terms regulate your use of Crystallize and any related services we may provide. Any future update or related services are subject to these Service Terms too.
  2. Intended use. Crystallize is intended to be used for the purposes explained in appendix 1.
  3. User rights. Crystallize grants you a non-transferable, non-exclusive, right to access and use Crystallize for the purpose described in appendix 1, at the prices stipulated in appendix 3 (as later changed). If you exceed your maximum use level as specified in appendix 3, we will notify you. If you have not brought your use within the maximum levels within your price bracket within 30 days of such notification, we will from then on charge you in accordance with the relevant price bracket.
  4. Legal use. Customer warrants that it will not use Crystallize in a manner that infringes intellectual property rights or proprietary rights, publicity or privacy or other rights of third parties, or any other illegal purposes. APIs may only be used for the purpose of using Crystallize as described in appendix 1.
  5. Interfaces. Crystallize will not provide a web based interface, as you will provide your own interface and connect it to Crystallize through our APIs. To the extent you will access Crystallize administration interface, you must use an evergreen browser.
  6. Account. You must register for a customer account (“account”) and provide data about yourself and your organization as prompted by the registration form. Data submitted must be accurate.
  7. Third party systems. Crystallize enables you to integrate into third party systems, which will be subject to third party terms. You agree that Crystallize makes no representation or warranty about such systems, terms or their safety.
  8. Content. You will likely transfer pictures, video, text and other content by use of Crystallize. You are alone responsible the quality and legality of such content. Crystallize reserves the right to remove or block any illegal content from or on Crystallize.
  9. Open source. Third party open source software is included in the software making up the Crystallize service. Such software is subject to open source licenses. As you do not receive a copy of any open source software or do changes to it, these will not affect your use of Crystallize.
  10. Your stuff. You must provide suitable computer systems, software, internet connection etc. that you need to use Crystallize.
  11. Data protection. Crystallize is compliant with European Union data protection regulation, including the EU General Data Protection Regulation (GDPR). See appendix 5.
  12. Force majeure. Neither Crystallize nor you will be liable for failure or delay in performance on account of events beyond our control, which may include denial-of-service attacks, failure by third party hosting provider or utility provider, strikes, shortages, riots, fires, war, terrorism, governmental action and other force majeure events.
  13. Power to agree. You warrant that you have validly entered into the Service Terms and is responsible for conduct of your people and their compliance with Service Terms.
  14. As is. Crystallize and all related components are provided on “as is” and “as available” basis without any warranties. Crystallize expressly disclaim any and all warranties express or implied, including implied warranties of merchantability, title, fitness for particular purpose and non-infringement.
  15. Limitation of liability. Your or Crystallize’s total annual liability arising out of the Service Terms will not exceed the total amount paid by you in the 12 months preceding the event giving rise to liability. You or Crystallize will not have any liability to the other or third party for any lost data, profits, savings or revenues or for indirect, special, incidental or other consequential damages. Damages may not be claimed for loss compensated for with SLA compensation (see appendix 2). Section 15 and the SLA compensation (appendix 2) is our only basis for liability under the Service Terms. Any service credit granted under appendix 2 (SLA) will in any event be subtracted from any other compensation payable for loss or damage.
  16. Confidentiality. Crystallize and you shall keep all person and business data received under use of these terms confidential for the purposes of this agreement and after termination.
  17. Payment. We will invoice 30 days before the renewal of your service with due date 14 days later. For the monthly program, you must use a payment card. Interest on late payment is paid at 1 % per completed month. If you don’t pay on time, we may turn off access to Crystallize upon 30 days written notice. If full payment is not received within three months after shutdown, we may with additional written notice of 30 days delete your data and close your account.
  18. Term. The duration of your subscription term is as agreed. A 12 month plan is billed in advance for 12 months, when each period starts. A one month plan is charged to a payment card in advance, when each month start. Both plans can be terminated by you upon 30 days notice before a new period starts. Price is subject to change on a 12 months’ notice, with no automatic price increase.
  19. Updated terms. Crystallize may from time to time issue new Service Terms. The new terms will become binding upon you if you not within 90 days of being informed of the new terms object to the changes. If Crystallize will not accommodate any objections you may have, you are entitled to terminate our agreement immediately. The new terms will apply until the termination is effective.
  20. Notices. All notices and other communications shall be in writing in English.
  21. Choice of law. The Service Terms are subject to the laws of Norway. The parties agree that any disputes that arise out of these Service Terms shall be settled by the Oslo City Court, as exclusive legal venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.