Terms of use of Wittario for businesses and organizations

These terms (the "Terms") are entered into and accepted by legal entities (companies, associations, etc.) (the "Customer") who wish to use the Wittario service with the associated app and dashboard [the "Service"] from Wittario AS,  a Norwegian registered company with company number 915979025 ( "The supplier").  By accepting the Terms, by establishing a customer account or by using the Service, these Terms are accepted. The terms and conditions will be considered an agreement entered into between the Customer and the Supplier, and by using the "Terms and Conditions" below is also meant the agreement which is deemed to have been entered into as a result of acceptance of the Terms and Conditions as mentioned above. By acceptance as mentioned above, the person who accepts the Terms confirms that he has the right to and is authorized to accept the Terms, and thereby enter into an agreement, on behalf of the Customer. If the person who accepts the Terms or uses the Service does not have such a right or authority, that person could be held personally liable for any loss or costs incurred by the Supplier as a result of the use of the Service.  

The service
The service is a game-based learning platform that consists of two components; a web solution for creating games and a mobile app for playing. A game will typically consist of navigating to records using the mobile phone's GPS and map. On each post there are tasks to be answered. A more detailed description of the Service, including developments in the service, is included on the Supplier's website or informed about to the Customer in another way, such as by e-mail or through other contact information provided. The Customer, including how users who use the Service through the Customer's provision of the Service, are themselves responsible for how the Service is used. The Customer is therefore responsible for hardware, internet access and other things required by the Customer to make the Service work, while the Supplier facilitates a technical and functional solution for the Service. See also section "The supplier's rights and obligations. Delivery of the Service".  

Duration and termination
The Terms are valid until one of the parties terminates the Terms. The Terms are automatically renewed every 12 months, and the Terms must be terminated in writing within three months before renewal. For customers who choose a monthly subscription, the Terms are automatically renewed every month, and the Terms must be terminated in writing within 7 days before renewal. The customer's termination must be done by email to post@wittario.com  

Prices and payment
Customers pay the prices stated in the price list for education or business. The prices may depend on the number of hosts using the Service, as detailed in the price list, and the Customer is responsible for the fact that their use may increase the remuneration. A Wittario gamemaster hosts Wittario games, creates questions and tracks results with advanced reports. For example, it could be a teacher or manager. You need one license per gamemaster. After selecting "Buy now" or "Free trial", you will be taken to the payment page where you can increase the number of licenses. You can also add licenses at any time after signing up. The prices are quoted exclusive of value added tax and other taxes. Changes in prices may take place in line with developments in the consumer price index at the turn of the year. In the event of changes in taxes and duties or changes in the Supplier's subcontractors' prices, the Supplier can make corresponding changes in the prices. All other changes in prices will be notified to the Customer with a reasonable period of time, at least three months. Payment is made in advance for the subscription length you choose (usually 12 months), and depends on the number of gamemasters for the Service. Invoices for payment in arrears are due for payment 14 days after the invoice date. If a payment card is registered for use of the Service, the Supplier can make a debit from the payment card as payment for the remuneration that has accrued. If payment is late or there is no cover/a valid payment card is available, the service ceases, see "Default and liability". If there is an error in invoicing or payment, the Customer must inform about the error and what the Customer considers to be the correct payment within three months after the payment has taken place or the invoice date.  

The customer's rights and obligations
The customer's use of the Service must be in accordance with laws, rules, regulations and other regulations that may have an impact on the Service (the "Regulations"), including rules relating to the processing of personal data, marketing and others. The customer is aware that a breach of the Terms and Conditions may result in loss, costs, loss of income, loss of reputation, etc. for the Supplier, and is therefore obliged to take measures to ensure that the Regulations are complied with. The Customer must inform its employees and other parties with whom the Customer cooperates about rights and obligations under the Terms and Conditions. The customer is responsible for all breaches of the Terms and Conditions on the customer's side. Access to the Service is secured through passwords and any other security mechanisms. The customer is responsible for ensuring that unauthorized persons do not gain access to the password and/or the Service.  ​The customer himself manages which users will have access to the Service, and the customer is responsible for all access granted to users and that the users are familiar with the Terms and follow them. The Customer must take all reasonable measures to prevent unauthorized access to or use of the Service, and immediately notify the Supplier of unauthorized access or use, and cooperate with the Supplier to uncover what has happened, restore security of the Service and anything else that the Supplier may have need for in such a situation. The Service is provided by the Supplier to the Customer on a commercial basis, and the Supplier will not have a relationship with any end users of the Service. All responsibility relating to end users rests with the Customer, and all claims that end users and other third parties bring against the Supplier, the Customer must defend and cover all costs and losses incurred by the Supplier as a result of such claims. The customer or its users must not examine code, functionality, interfaces, technical solutions, infrastructure, links to other solutions (API), decompile, etc. The service. The customer must not himself or through others use the Service in any way other than described, informed and accepted in writing by the Supplier, including sending data in large quantities or testing the Service (such as stress test, port scanning, etc.), including security testing, etc.  

The supplier's rights and obligations.
Delivery of The service is under development and is therefore delivered as it is at all times ("as is"). The service and its functionality will therefore not be error-free or available at all times. The Supplier shall deliver the Service so that it essentially functions in accordance with the description in these Terms and the service description in the Supplier's documentation and information, including on the Supplier's website. The Supplier must keep the Service available as far as possible outside of planned or necessary maintenance that cannot be notified, but is not responsible for lack of availability due to subcontractors or conditions beyond the Supplier's control. See also "Default and liability" below. The supplier will be able to make changes and improvements to the Service which may change functionality, availability and other conditions relating to the Service. In the event of significant changes affecting use of the Service, the Supplier will notify the Customer in a reasonable time if possible. In the event of updates or changes to the Service, this may result in the Customer having to update their solutions in order to continue using the Service. The supplier must provide technical and professional support to the customer to a reasonable extent if the customer needs this. The Supplier has the right to suspend the Service and/or the Customer's access to the Service without notice and with immediate effect if the Customer's use of the Service or other matters relating to the Customer result in a negative impact on the Supplier's network, infrastructure, service platform, benefits and services to other customers or the like. The same applies if the Supplier has reasonable grounds to suspect that the Customer is breaking the Terms or using the Service in an illegal or fraudulent manner. The supplier shall as soon as possible notify the customer of such suspension, the background for this, likely duration and other information that the customer may reasonably require. Suspension due to the Customer's circumstances does not release the Customer from the obligation to pay all amounts owed by the Customer for the Service. The supplier has the right to publish the customer's name and logo as a reference customer, including on websites and in marketing materials. To the extent that there is occasion under the Regulations, the Supplier disclaims responsibility for the suitability of the Service for a specific purpose for the Customer or third-party infringements. Other rights and obligations for the Supplier follow from the other parts of the Terms. Rights to the Service, content and data Supplier's rights The supplier and its subcontractors who deliver functionality and solutions to the Service retain all intellectual property rights and other rights relating to the Service, other services and any deliveries that may be delivered to the Customer, including rights to technology, all code, design and interfaces, templates, documentation, help files , tutorials, formats and dashboards, including any changes or improvements to these items. If the Customer or users, employees or persons provide feedback or suggestions regarding the Service, other services from the Supplier or anything else that can be linked to the Supplier, the Supplier may use such feedback or suggestions without limitation or obligation.  

Right to use the Service (license)

The Customer receives a non-exclusive, revocable, limited right to install and use the Service for use in its own business ("License") as regulated in the Terms and Conditions provided that the Customer has paid the applicable fee for use of the Service at any time.  The license cannot be assigned or transferred, including by resale, unless something else is explicitly stated in the Terms and Conditions. The customer's rights to data and information The Customer has the right to own data and information entered into the Service by the Customer or users, with the exception of the Supplier's rights in accordance with the Terms. The supplier can generate information and data such as technical logs, data, statistics, know-how, etc. about the Customer's and users' use of the Service and the content that is processed as a result of the Service. The supplier can use such information and data to analyse, develop, improve and support the Service, including with machine learning and artificial intelligence, security, functionality etc. and other purposes.  

Processing of personal data and marketing
The supplier is responsible for the processing of all information that the supplier determines the purpose of the processing and how the processing is to take place. This includes, among other things, technical data, logs, information about the Customer and suppliers, etc. See information about the Supplier's processing of personal data in the Supplier's privacy statement. To the extent that the Service involves the Supplier processing personal data on behalf of the Customer, the Customer is the data controller and the Supplier is the data processor. Data processing agreement has been entered into as part of the Terms and Conditions, see data processing agreement here. As data controller, the Customer is responsible for ensuring that there is a legal basis for processing, including for users' personal data. As part of the Service, messages can be communicated and sent to users via e-mail or other provided contact information about new functionality in the Service and associated conditions.  

Default and liability. Effects of termination of the Terms
If there is default by one party, the other party must notify the defaulting party in writing without undue delay from the time the default was discovered or should have been discovered. The defaulting party must then put the relationship in order as soon as possible. In the event of late payment by the Customer, the Supplier may withhold a proportionate part of its performance, e.g. by temporarily closing the Customer's access to the Service. Non-payment beyond 30 days after a payment notice is considered to be a material default. In the event of default, a price reduction or compensation may be required to cover losses or costs incurred with the restrictions that follow from the Terms and Conditions. If a party is in material default, the Terms and Conditions can be suspended in whole or in part if the relationship is not put in order as soon as possible or if it is not possible to put the relationship in order. Withdrawal can in such cases take place with immediate effect. The parties are not responsible for indirect losses that the other party incurs. Indirect losses include, among other things, loss due to operational interruption or other reasons why the Service is not available, loss of data, lost profits and claims from third parties. Total compensation is in any case limited to the remuneration the Customer has paid for the Service in the previous 12 months, including any claim for return of remuneration in the event of cancellation. The supplier's liability is under any circumstances limited to NOK 10,000. However, these limitations do not apply if the defaulting party or someone for whom it is responsible has shown gross negligence or intent. The parties are also not responsible if the parties' performance or obligations under the Terms and Conditions are prevented or made difficult by circumstances that the party could not reasonably have foreseen or controlled (reasons for exemption or force majeure). Such circumstances include what are considered grounds for exemption according to the Regulations, including/including fire, labor disputes, delivery from subcontractors or access network operators (including telecommunications networks and the internet), lack of energy, pandemics, terrorism, natural disasters, and changes to the Regulations. Upon termination of the Terms, regardless of the reason, the parties must return what has been received from the other party. The customer must have their data and information transferred if this is possible and the customer covers the costs of such return.  

The parties shall not exploit, be given access to or disclose information etc. which, after a careful assessment, must be considered confidential for the other party, which includes, among other things, information about users, business conditions, technology, functionality, new functionality, user interface, access, costs and income, marketing plans and working methods, etc. The parties must treat the information with a sufficient degree of confidentiality to maintain, retain and protect the information. The confidentiality requirement applies both while the Terms apply or after this. If a party is in doubt as to whether information is confidential, the other party must be asked before information is used, disclosed, given access, etc. Confidentiality does not include information that is necessary for the exercise of rights and obligations under the Terms, to manage the relationship with the Terms, or disclosure

The Customer may not transfer its rights and obligations under the Terms and Conditions without prior written consent from the Supplier. The supplier can freely transfer rights and obligations according to the Terms and Conditions, and can use factoring for claims against the Customer.  

If the Customer wishes to order additional services or wishes to change the existing services, if this is possible and available, these changes must be agreed between the parties. All further services and benefits from the Supplier are subject to the Terms unless otherwise explicitly agreed. The supplier can change the Terms and Conditions with one month's written notice. If the change is to a significant disadvantage for the Customer, the Customer has the right to terminate the Terms and the delivery of the Service, if such termination is made in writing before the change in question comes into effect.  

Reasons for exemption (Force Majeure)
If conditions occur outside of a party's control which the latter should not have foreseen when the Terms were entered into and which the latter cannot reasonably be expected to overcome or avert the effects of, the parties' rights and obligations are suspended for as long as the relationship lasts. This applies, among other things, to strike, lockout, pandemic, war, cable break, fire, water damage, acts of terrorism, communication interruption or other events which must be considered a force majeure event under Norwegian law. The same also applies to relations with the parties' subcontractors. In force majeure situations, the parties can only terminate the agreement with the other party's consent, or if the situation lasts or is expected to last longer than 90 (ninety) calendar days, calculated from the time the situation occurs, and then with 15 (fifteen) calendar days' notice. Each of the parties covers its own costs related to the termination of the contractual relationship. The customer pays the agreed price for the part of the delivery that was contractually delivered before the Terms were terminated. The parties cannot make other claims against each other as a result of conditions regulated by this provision.  

Choice of law and disputes
The parties' rights and obligations under the Terms and Conditions are governed by Norwegian law. If a dispute arises between the parties about the interpretation or legal effects of the Terms and Conditions, this must be resolved through negotiations. If such negotiations do not proceed within one month, each of the parties can bring the dispute before Norwegian courts for a final decision. Moss is agreed as the venue.