Terms of Use

These Terms of Use (“Terms”) are entered into by Vi3 Solutions AS (“Provider”) and the customer (“Customer”) concerning the services provided by Vi3 Solutions AS (“Services”).

1. APPLICABILITY

All Services you receive from us are governed by these Terms of Use. We may update or change these terms by posting a revised version on our website. 

2. RIGHT OF USE AND RESPONSIBILITIES

2.1 CUSTOMER RESPONSIBILITIES

2.1.1. We grant The Customer a limited, non-exclusive, and terminable right to access and use the software for your business operation, following these Terms.

2.1.2. For clarification “business operations” refers to activities related to using the 3D ecommerce solutions we provide. This includes tasks like customizing products, managing your online store, and interacting with customers within your own business. 

2.1.3. Without prior written authorization from the Provider, the right of use may not be transferred or assigned to any entity whatsoever, in whole or in part (including but not restricted to mergers and demergers, bankruptcy, change of ownership or control or to affiliates). An authorization shall not be unreasonably withheld.

2.1.4. The Customer is responsible for all their actions while using the Software, including managing users and allowing access to third-party applications. They must ensure that the content they upload is legal and not harmful. The Services should only be used for lawful purposes, and malicious activity as outlined under “Code of Conduct” is prohibited.

2.2 SERVICES AND PAYMENT

2.2.1   Services and Payment Overview: Services consist of both invoicable services and subscriptions & hosting fees. 

2.2.2  Billing Procedures:

• Hourly services, including advisory, 3D modeling, integration, configuration setup, and project management, will be billed monthly based on the agreed-upon hourly rate and – were relevant – in accordance with existing project estimates.
• Subscription fees for the Vi3 configuration software and hosting will be billed on a recurring basis according to the selected subscription plan.

2.2.3 Cancellations and billing for hourly services may be subject to the amount of work completed, even if it is not in a state ready for delivery. 

Subscription fees are prepaid and non-refundable. 

3. INDEMNIFICATION AND LIMITATION OF LIABILITY

3.1 Indemnification: The Customer agrees to cover any costs or damages to the Provider due to the Customer’s:

• Misuse of the Services.
• Violation of these Terms of Use or applicable laws.
• Infringement of third-party rights, including intellectual property rights.
• Content or information submitted through the Services including but not limited to any content or information submitted by the Customer with harmful or deceitful intent.

3.2 Limitation of Liability: The Provider, its affiliates, and licensors are not liable for indirect or consequential damages arising from the use of the Services, including loss of profits or data.

3.3 Total Liability: The maximum liability of the Provider for damages does not exceed the amount paid by the Customer for the Services.

4. COMMUNICATION GUIDELINES

The services may contain e-mail services, forums or other messaging service enabling the Customer to communicate with others. The Customer agree to use communication services to send and receive messages and material that are proper, legal, and relevant to the particular communication service. Any use of communication services is subject to Provider’s Code of Conduct and any other guidelines provided. 

5. USER ACCOUNT RESPONSIBILITES 

If the services require you to open an account, you must complete the relevant registration form by providing current, complete, and accurate information. You are responsible for maintaining the confidentiality of your password and account and may be held liable for any and all activities performed by use of your account. Additionally, you must ensure that your account information remains updated for urgent communication and billing purposes, and you must notify Provider immediately of any unauthorized use of your account.

6. PRIVACY

You acknowledge and accept that the Provider and its suppliers may collect, store, transmit and use any information about you and your use of the Services, including information you upload, in accordance with the Provider’s privacy statement as made available on the Provider’s Website.

7. CUSTOMERS USER CONTENT

Provider is dedicated to protecting the integrity and security of Customers (user) content. While every effort will be made to safeguard user content, Provider reserves the right to amend or discontinue any services offered, if urgently necessary. In the event of service discontinuation, Provider will endeavor to assist users in transferring their user content to other services. However, Provider shall not be liable for any failure to do so.

8. INTELLECTUAL PROPERTY RIGHTS

The service and all content made available by Provider, including text, images, artwork, user interface, user experience, and other information, are and shall remain the intellectual property of Provider or any licensor of such intellectual property to Provider.

The Customer cannot modify, copy, or sell any information obtained from the service, except for their own artwork and content. Provider respects the Customer’s ownership of their artwork and content and will only use or modify them as necessary to provide the services, with the Customer’s permission.

Provider may showcase the Customer’s solution, including their artwork or content, for marketing purposes. Provider will ask for the Customer’s approval first.

9. CANCELATION SUBSCRIPTIONS SERVICES

Customers may cancel their subscription at any time, with the cancellation taking effect at the end of the current billing period.

10. DISCLAIMER

The provider makes no representations about the suitability of the information provided within the services for any specific purpose. All documents and related graphics are provided “as is,” without warranty of any kind. The provider shall not be liable for any damages resulting from the use or performance of the services, including but not limited to loss of data or profits.

Provider makes reasonable efforts to ensure the availability and reliability of the services, however, the services are provided on an “as available” basis. This means that while we strive to maintain continuous access to the services, we cannot guarantee uninterrupted or error-free operation at all times.

11. GOVERNING LAW AND LEGAL VENUE

This Agreement shall be governed by and construed in accordance with Norwegian law. Any disputes that may arise from this Agreement may be referred to the non-exclusive jurisdiction of the ordinary courts of Oslo, Norway as agreed venue.

12. CODE OF CONDUCT

By using any of the services provided by Provider “Services” you agree to adhere to the following code of conduct.

You may only use the Services to post, send and receive messages and material that are proper, legal, and relevant to the Service.

Below is a non-exhaustive list of conduct which is specifically prohibited. The services must not be used to:

• Distribute inappropriate, defamatory, obscene, indecent, or unlawful content or material.
• Defame, harass, threaten or otherwise violate the legal rights of others.
• Arrange or contribute to activities that involve spamming or sending unsolicited messages unless such messages are sent in accordance with applicable laws and regulations and are relevant to the recipient’s interests or expectations. 
• Upload or otherwise make available files that contain images, software, or other material protected by intellectual property laws, unless you reasonably believe you own or control the rights to the content or have obtained all necessary consents to do so. By uploading such content, you acknowledge and agree that you do so at your own risk. 
• Upload files that contain malware, including viruses, spyware, ransomware, or any other harmful software or programs that may disrupt, damage, or conduct unauthorized surveillance on the operation of another’s computer or property. This also includes corporate and government-affiliated spyware or surveillance tools. 
• Use the service in a way not intended to such an extent the service becomes unstable or unusable for others.
• Engage in any activities that infringe upon or violate the intellectual property rights of the Provider. This includes, but is not limited to, unauthorized reproduction, distribution, or modification of our software code, trademarks, logos, or any other proprietary information.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any code of conduct or other guidelines which may be applicable for the Service.
• Violate any applicable laws or regulations.
• Use the service in such a way that the Customer knows, or reasonably should know, would be harmful to the provider.