VISS AI Terms and Conditions
Introduction
These General Terms and Conditions (‘General Terms and Conditions’) apply to services supplied by Norditech AB or companies within the Norditech Group. Below Norditech is referred to as Norditech, “our”, “us” or “we”.
Definitions
‘Application‘means the applications supplied by VISSAI as a service online.
Third-parry application: Refers to the third-party Application (not VISSAI) that is used within VISSAI.
‘Intellectual Property Rights’ means all forms of intellectual property rights and industrial rights such as copyright, database rights, source code, patents and patentable inventions, registered and unregistered trademarks, know-how (whether it may in itself constitute a patentable invention or not), registered and unregistered designs or technical documentation concerning the Services.
"Customer Content" entails all information, content, or materials you submit through the Service to your account, including content from Third-Party Services.
"Feedback" refers to any suggestions, ideas, proposals, or comments you provide regarding improvements to the Service, Beta Releases, or any other aspects of our business.
"Sensitive Personal Data" includes protected health information as governed by laws like HIPAA, financial account numbers, governmental identification numbers, and categories of personal data specified under regulations like the GDPR.
“Third-party data” Data that is collected from third-party service within the platform, that the user interacts with.
Processing and practices of Data Privacy
Data privacy: The Privacy Policy of Norditech is integrated into and constitutes an integral part of these Terms, by reference.
Intellectual Property Rights
Software: All Intellectual Property Rights and all other rights in or concerning the Software are the property of Norditech or, if applicable, Norditech’s licensor or suppliers.
Ownership: Nothing in the Agreement will constitute an assignment or transfer of any Intellectual Property Rights or other rights connected to the Software. Both Norditech and our licensors possess and maintain full ownership and control over the service, including any and all intellectual property rights. This encompasses all changes, updates, enhancements, elements, information related to usage, and any creations derived from the Service. We reserve all rights not explicitly granted in these Terms.
Feedback: Norditech is free to utilize any feedback received and may do so without any limitations or obligations connected to reciprocal compensation.
Documentation: All Documentation concerning the Services supplied by Norditech to the Customer will remain the property of Norditech. Documentation or other information received by the Customer may not, without the written consent of Norditech, be used for any purpose other than that for which it was supplied.
Data: Norditech reserves the right to collect, analyze, and utilize Customer Data, including Third-party Service data, to maintain, improve, and innovate Norditech products or services, including for the purposes of model training, prompt engineering and other business-related activities. Norditech is also allowed to create datasets from customer content, to improve its services. Moreover, Norditech is granted unrestricted rights to use Customer Data and insights regarding process functionality, efficiency, capacity, and other related metrics or information derived from the software's interaction with the Customer Data, to fulfill its obligations under this agreement.
Trademarks: VISSAI, VA ICON, the VISSAI LOGO, and all VISSAI product names are trademarks and service marks of VISSAI (collectively “VISSAI Trademarks”), and nothing in these Terms or the Service shall be construed as granting any license or right to use the VISSAI Trademarks without VISSAI’s prior written consent. All trademarks, service marks, and logos included on the Site (“Marks”) are the property of VISSAI or third parties, and you may not use such Marks without the express, prior written consent of VISSAI or the applicable third party.
Rights of use and restrictions:
License: Through the agreement, the customer obtains a non-exclusive, non-transferable license, which may not be sub-licensed or relicensed, except as explicitly stated in the Agreement, and which is only valid during the term of the Agreement, against the payment of the agreed fees, to (i) use the Application as a service online, and, (ii) when applicable to use the App in accordance with the special terms and conditions of use for the App, which must be accepted before designated person(s) gain access to the App.
Utilization of Software: The services provided are to be utilized exclusively for (i) purposes that are lawful, and (ii) in a manner that is consistent with these Terms as well (iii) as any applicable guidelines and documentation.
The Customer is not entitled to:
use the Software for purposes other than the intended use under the Agreement,
provide the Software for use by third parties, for example through time-sharing, as a service, through service office arrangements or in any other way,
sell, sublicense, distribute, transfer, or lease any portion of the Service or provide access to the Service to non-authorized users,
decompile, reverse-engineer and or seek to access the source code for the Software or otherwise attempt to find out how the Software functions,
hack the Software, introduce a virus, a trojan horse, prompt injection attacks, manipulative prompts, perform security tests, circumvent access restrictions, or any other harmful practices or unwanted code (known as malware) in the Software or, by a disproportionate number of calls to the servers on which the Application is provided, aggravate or limit the use of the Software by third parties (DDOS),
duplicate, alter, produce derivative materials from, or delete any proprietary notices or labels from the Service,
use the software to develop another service that is a competitor or in direct competition with Norditech.
Suspension: While we hold the rights to do so, we do not commit to the duty of overseeing the Service, conducting investigations, and implementing suitable measures against individuals who employ the Service contrary to the law or the stipulations of these Terms. This includes the authority to eliminate or purge any Customer Content. We endeavor to notify you in advance about any removals or suspension when it is feasible to do so. However, should we ascertain that your conduct poses a potential risk for the operation of the Service, breaking the terms and conditions in this agreement, or pose a risk to the safety of other users, we reserve the right to immediately suspend your access or delete your customer content without prior notice.
Payment and fees:
Fees: The fees for the use of our services are detailed on our website or as specified in any order form you agree to. Fees are based on your chosen service plan and the features or services you access. All fees are payable in the currency specified and are non-refundable, except as otherwise provided in these terms.
Payment Terms: Payment for the services is due according to the terms specified on the order form or pricing page. Payments can be made via the methods we provide, such as credit card or direct bank transfer. If your payment method fails, you are still responsible for any uncollected amounts, and we may suspend your access to the Service until payment is made.
Late Payments: Access to the Service may be suspended until the outstanding balance is settled.
Taxes: You are responsible for all taxes and duties associated with your use of our services, including, but not limited to, sales, use, GST, value-added taxes (VAT), withholding taxes, or similar levies, whether domestic or international. If you are exempt from paying any taxes, you must provide us with the necessary tax exemption certificates or other documentation to support your exemption status. We reserve the right to determine whether the documentation you provide is valid. If any taxes are required to be withheld under the laws of your jurisdiction, you agree to pay the additional amounts necessary so that we receive the full payment as if no such withholding were required.
Rights of Credits. In our Service, users have the option to purchase credits. These credits represent prepaid digital tokens that are used by the Service to comply with the users Utilization of the Service. Credits are purchased in the form of a non-refundable, non-transferable, limited digital product. We reserve the right to manage, regulate, control, modify, or eliminate credit(s) at any time, with or without notice, under our sole discretion, except as required by applicable law. Users are prohibited from transferring credits outside of the service, including selling, purchasing, redeeming, or attempting any of these actions with any third party not expressly authorized by our service.
Refund: Credits are consumed based on how the user uses the Platform. Credits are deducted from your account based on the complexity and requirements of the actions performed. The remaining balance of unused credits can be reviewed within the user's account or by contacting Norditech. Should you decide to discontinue the use of our services, you are entitled to a refund of the remaining, unconsumed credit balance in your account. Consumed credits, which have been used in the Service, are not eligible for a refund, as the service associated with these credits has already been provided.
Third-party Data:
Third-Party Services: VISS.AI integrates with various third-party services that may collect and process data. By using these services through the platform, you acknowledge and agree that the data collected from third-party services is subject to the third-party providers' terms and privacy policies. We are not responsible for how third-party service providers handle your data.
Data Storage and Retention: Third-party data collected and used within VISS.AI is stored securely in accordance with Norditech's data privacy policy. However, the storage duration of this data may be subject to the third-party provider's policies.
Data Ownership: While users may interact with third-party services within the VISS.AI platform, all data originating from third-party services remains the property of the respective service providers, unless otherwise specified by the third-party service. Users are responsible for ensuring their compliance with any applicable third-party terms regarding data use, retention, and sharing.
Force majeure
A Party is released from sanctions for failure to perform an obligation under the Agreement if the failure is due to circumstances beyond the Party’s control, of which the Party could not reasonably have predicted or avoided, such as war, acts by public authorities, new legislation or amendments to legislation, labor conflicts, trade or currency restrictions, riots, terrorism, blockade(s), fire(s), acts of god, epidemic, denial-of-service attacks, failure by a third-party hosting provider, cybersecurity incidents, failure of utility provider, defects or delays in deliveries from subcontractors or similar circumstances.
A Party wishing to invoke force majeure under this clause, must within 7 days, notify the other Party of the start of the force majeure and of its termination.
Regardless of what is stated regarding release from sanctions in this clause, a Party is entitled, without sanction, to terminate the Agreement with immediate effect by written notice to the other Party if performance of a material obligation under this Agreement is delayed by more than three (3) months.
Service Warranty and indemnification
Service Warranty: Norditech warrants that it will provide the Service substantially in accordance with its documentation under normal use. This warranty is limited to the duration of your subscription and applies only to users who have paid for access to the Service. In the event of a breach of this warranty, your exclusive remedy will be Norditech’s re-performance of the deficient Service. If Norditech cannot re-perform such deficient Service as warranted, you may terminate your User Account as outlined in these terms, and Norditech will refund a prorated portion of your prepayment. Any warranty deficiency claims must be made in writing within 10 days from receipt of the deficient Service.
Disclaimer: Except as expressly provided in these terms, Norditech makes no other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Norditech does not warrant that the Service will be error-free or uninterrupted, or that all defects will be corrected.
Indemnification: You agree to indemnify, defend, and hold Norditech, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service, violation of these Terms, or infringement of any third-party rights, including intellectual property rights.
Rules of conduct:
Acceptable use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from engaging in any activity that:
Violates any applicable laws or regulations.
Infringes on the intellectual property or other rights of Norditech or any third party.
Compromises the security or functionality of the Service or Norditech's systems.
Attempts to gain unauthorized access to the Service or other accounts, systems, or networks.
Introduces any form of malware, including viruses, trojans, or manipulative code.
Prohibited actions: You must not:
Use the Service for any purpose other than as expressly permitted by Norditech.
Attempt to reverse-engineer, decompile, or extract any source code from the Service.
Share, sell, or otherwise transfer access to the Service to unauthorized third parties.
Engage in activities that could harm Norditech’s reputation or cause damage to the Service’s integrity.
Enforcment: Norditech reserves the right to suspend or terminate access to the Service if you violate this policy. We will make reasonable efforts to notify you before taking such actions but reserve the right to act immediately if the violation poses a risk to the Service or its users.
Limitation of liability
Limitation: To the maximum extent permitted by law, Norditech’s total liability for any claim under this agreement, including for any implied warranties, is limited to the amount you paid for the Service during the current subscription period.
Exclusion or indirect damages: In no event shall Norditech be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, business, or data, even if Norditech has been advised of the possibility of such damages.
Data security and Breach Exception: Notwithstanding the above limitations, Norditech’s liability for damages caused by data breaches, failure to protect sensitive personal data, or violations of applicable data privacy laws (such as GDPR) shall not exceed the total amount paid by you for the Service during the twelve (12) months preceding the event giving rise to such liability. This exception applies only in cases of gross negligence or intentional misconduct by Norditech in relation to data security obligations.
Exception: These limitations do not apply in cases of gross negligence or intentional misconduct by Norditech. However, in such cases, the total liability shall not exceed the amount paid by you for the Service during the current subscription period.
Confidential information
Definition: "Confidential Information" refers to all non-public information disclosed by one party to the other that is marked as confidential or would reasonably be considered confidential under the circumstances. This includes but is not limited to business plans, technical data, customer information, and product roadmaps.
Use of Confidential information: Each party agrees to use Confidential Information only for the purpose of fulfilling its obligations under these Terms. Both parties will implement reasonable security measures to protect Confidential Information from unauthorized access or disclosure.
Permitted Disclosures: Confidential Information may only be disclosed if required by law, regulation, or court order, provided that the party required to disclose notifies the other party promptly and assists in seeking a protective order.
Jurisdiction and general information
These Terms and any disputes arising out of or related to them are governed by the laws of Sweden, without regard to its conflict of law principles. These Terms, together with any referenced documents, constitute the entire agreement between Norditech and the user. If any provision is deemed unenforceable, the remaining terms shall remain in full force.You may not assign or transfer any rights or obligations under these Terms without Norditech’s prior written consent.
Right to terminate user account
Termination for Non-Use: Norditech reserves the right to terminate an account if the user is no longer a client or has ceased using the Service.
Vialation of rules: If a user fails to comply with the Rules of Conduct or Correct Use Policy and does not rectify their behavior following a notice, Norditech may terminate their account. The user will be notified when feasible, but immediate termination may occur if the violation poses a risk to the Service or its users.
No liability for Termination: Norditech is not liable for any consequences that result from the termination of an account, including loss of data or access to third-party services.
Contact
Norditechs contact with you: We may send you notices via email and other forms of communication to an address associated with your account. It is your responsibility to maintain up-to-date and accurate contact information within your account settings.
Contacting Norditech: If you have any disputes, legal proceedings, support questions or other types of questions, you may contact Norditech via E-mail at support@norditech.se or mail to:
Norditech AB
Ståhlgatan 5, 56144 Huskvarna
Sweden
Modification and Changes
Change of TAC: We reserve the right to update these Terms at any time by publishing a revised version on our website, including the date it becomes effective. Should there be significant modifications to the Terms, we will ensure you receive appropriate notification before such changes take effect. Your continued use of our services after any changes to the Terms have been posted will constitute your acceptance of the revised Terms.
Modification of software: Norditech is entitled to make changes to the Software without notice. The Customer may be forced to acquire new software, hardware or other equipment as a consequence of such changes to be able to continue to use the Software. The Customer must bear the cost of such new software, hardware or other equipment or any other costs incurred in connection with the change. If the Customer is the subject of any circumstance that results in damages in connection with the change or if the Customer is the subject of any other obvious disadvantages by the change, the Customer is entitled to give notice to terminate the Agreement on the date on which the change would have taken effect. The Customer must give such notice to Norditech no later than fifteen 15 days before the change would have taken effect. If no such notice is given, the Agreement remains in force and the change enters into effect between the Parties.
Effective date for the application of these terms and conditions
2024-11-01