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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. and you are liable for compensation if manipulating subscriptions beyond Fair Use. Crystallize keeps the right to close down accounts, after a written warning, if the service is misused beyond Fair Use.
  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 quotas as specified in appendix 3, we will charge you according to your over-usage at the rates specified in appendix 3.
  4. Legal use. Customer warrants that it will not use Crystallize in a manner that infringes patent, copyright, trademark, trade secret or other intellectual property rights or proprietary rights, publicity or privacy or other rights of third parties, or any other illegal purposes. Customer agrees to defend Crystallize and hold it harmless against any claim or action by a third party, which alleges that your use of Crystallize infringes the third party’s IPR or any other rights of that third party. Crystallize agrees to notify you promptly in writing of any such claim and grants you the right to control the defense and disposition of any such claim at your expense. Crystallize will provide support to you as requested to assist in such defense.
  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 retain all ownership of all your content and are alone responsible for the quality and legality of such content. Crystallize reserves the right to remove or block any illegal or objectionable 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. You are responsible for following the terms of any third party licenses.
  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 are 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 DISCLAIMS AND YOU RELEASE CRYSTALLIZE FROM ANY AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
  15. Limitation of liability. Your or Crystallize’s total 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 party or any third party for any lost data, profits, savings or revenues or for indirect, special, punitive, 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 the only basis for liability against Crystallize 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. Non-solicitation. As we would like to hold on to our skilled hands, you may not directly or indirectly hire or employ any of our employees. This obligation is valid for the terms of this agreement and one year thereafter.
  17. Confidentiality. Crystallize and you shall keep all confidential information received during our relationship confidential, even after this agreement is terminated. Confidential information includes all information that has or could have commercial value for either party. This could include, among other things, technical data, trade secrets, research, product plans, customer lists, and financial and other business information that might be disclosed in our relationship.
  18. Payment. For Crystal plans we will invoice at the end of every monthly period for the use of the service according to the order form, with a due date 14 days later. For the Particle and Atom pay as you go plans, 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. All prices are quoted without any value added taxes or duties. You are liable for any tax or duties charged by your country.
  19. Term. The duration of your subscription term is as agreed and is billed or charged monthly in arrears, unless otherwise agreed in the order form. All 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.
  20. Updated terms. Crystallize may from time to time issue new Service Terms. The new terms will become binding upon you at the next renewal. The new terms will apply until new terms are introduced or the subscription is terminated and the termination is effective.
  21. Notices. All notices and other communications shall be in writing in English.
  22. 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, except for U.S. customers, for whom New York law shall apply, notwithstanding conflict-of-laws principles. U.S. customers consent to the exclusive jurisdiction of the state and federal courts located in the state of New York for any dispute arising between the parties to this agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.