General terms and conditions for using Unifractal

ABOUT THE SERVICE

Unifractal (“Unifractal Application” or “Service”) is an application available for different uses. The Service makes it possible to scan objects and receive information about the object. For the scanning of objects to work, a machine learning model is generated and downloaded onto the user’s phone.

These are the terms and conditions for the Service (“Terms of Service”). The Terms of Service govern your access to and use of the Service.

All references to “we” and “us” in the following refer to services provided by Unifractal AS, Bekkevollvegen 43, 9012 Tromsø.

The Unifractal application is available to all users over the age of 13, located in Norway or an EU/EEA country (“Users”). The User may have bought the Service personally or received access through a business offering the Service to its self-defined group of end users (“Businesses”). Any other commercial entity, government entity, non-profit organization, or educational institutions are equating with Businesses when making the Service available to end users.

The Terms of Service are divided into the following sections:

1. Terms of Service for applicable to all users
2. Additional Terms for Businesses

By accepting the Terms of Service, you undertake to use the Service in accordance with the Terms of Service and in a manner that is not detrimental to Unifractal AS, the Service or anyone else’s use of it. You accept the Terms of Service by clicking “I accept” when creating the user account.

1 Terms of Service applicable to all users

Registration, username and password

If you have access to the Application, you are considered a User.

You must register a user account to use the Unifractal application. You are solely responsible for the security associated with your user account, including always keeping your login details safe. If you have reason to assume that your account is misused by others, you are obliged to inform us immediately.

The Unifractal application enables uploading and sharing of content. The content that can be shared through the app is typically videos, documents, images, comments, and items. The content you upload to the Unifractal application will be displayed to other users in accordance with your chosen presets.

We are not responsible for the content you share through the Unifractal application. You are responsible for ensuring that the information you post and the content you share do not:

• Contain false, misleading or otherwise erroneous information;
• Infringes someone else’s copyrights or other intellectual property rights;
• Contain sensitive personal data;
• Contain information that might be received as offensive or insulting

Content that violates the Terms of Service may be removed without prior notice.

We may also temporarily or permanently disable your user account in the event of a breach of the Terms of Service. We will notify you in such cases.

Children’s access to the service

By using the Service, you confirm that you are over the age of 18 or that you have received permission from your guardian to use the Service. If access is granted to a User under the age of 18, you, as the child’s guardian, are responsible for ensuring compliance with the Terms of Service.

Changes to the Terms of Service or Service

You are responsible for always complying with, and keep updated on, the Terms of Service. We reserve the right to make changes to the Terms of Service without notice. If significant changes are made, you will be notified. If you continue to use the Service after changes have been made, you are deemed to have accepted the change(s).

We reserve the right to withdraw or modify the Unifractal Application at our sole discretion. We are not responsible for any losses resulting from the Service being unavailable.

Duration and termination

You can disable your user account at any time by logging into the dashboard, going into your profile and clicking delete on the bottom of the page.

Personal data - privacy

In order to create user accounts and provide the Service, we process personal data, such as name and contact information.

In addition to the personal data that must be provided for the registration of a user account, you choose yourself which personal data you share through the Service. The Service is not intended to share sensitive personal data.

We process personal data in accordance with applicable data protection legislation and in accordance with our privacy policy.

In addition, we use cookies to provide the Service to the user and to keep statistics on how the Service is used. A complete overview of all the cookies we use can be found here.

Intellectual property rights

We own all rights to the Service. This includes, but is not limited to, the concept, design, trademarks, know-how, trade secrets, copyrights and other intellectual property rights.

Right of use

Upon the acceptance of these Terms of Service you are granted a non-exclusive right of access to the Service. The access right is limited to the features made available to you at any time. The right of access does not grant the right to modify, reproduce, copy or imitate the software or any other part of the Service.

For the scanning of objects to work, machine learning models are generated and downloaded on the Users phone. These models are owned by Unifractal and any use, other than to use the Unifractal app, is forbidden without explicit permission from Unifractal. The models are trained using datasets created by Users. The models do not store any image information or data that can be traced back to the original datasets.

Customer data

Through the Service, you will have access to various features that allow you to post or share content (“Customer Data”).

You are the owner of your Customer Data. We only have the right to use your Customer Data and share it with third parties to the extent necessary to provide the Service, and with the limitations imposed by the settings on your user account and applicable data protection laws.

In addition, we have the right to use Customer Data if the Public-setting was activated when you published content. The content may be shared on our social media channels, and otherwise displayed to other Users in the Unifractal Application. If the Public-setting is selected at the time you share content, it is not possible to change the content to “private” at a later stage.

We use aggregated and anonymized Customer Data to develop and improve our services and products.

Indemnification

You agree to indemnity Unifractal AS for any loss, including indirect losses, arising out of or in connection with your use of the Service or violation of these Terms of Service.

Limitation of liability

You may claim compensation for direct losses as a result of us materially breaching our obligations under the agreement.

Compensation for indirect losses cannot be claimed. Indirect losses include, but are not limited to, lost profits of any kind, lost savings, loss of data and claims by third parties, except for imposed liability for legal deficiencies.

Unifractal AS’ total liability during the contract period shall nevertheless be limited to the highest of
1) the compensation you have paid us for access to the Service the last 6 months or
2) NOK 10,000.

Force Majeure

If either party is prevented from fulfilling its obligations under these Terms of Service due to an extraordinary matter beyond the party’s control and which could not reasonably have been foreseen before this Terms of Service was signed, the other party shall without undue delay be notified that there is a case of force majeure. The parties’ obligations under the Terms of Service are suspended for the duration of the extraordinary situation.

Force majeure may be, but is not limited to, outbreaks of war, terror, strikes, lockouts and natural disasters.

Links to other websites or services

The Service may contain links that lead to pages owned by third parties. We take no responsibility for the content of these websites or the quality of these services.

Choice of law and venue

The Terms of Service are governed by Norwegian law. Any conflicts should first be resolved through negotiations. If the parties do not reach agreement on a solution through negotiations, the dispute shall be resolved in the ordinary courts with Nord-Troms District Court as agreed legal venue.

The right to complain

If you wish to complain about our service or these Terms of Service, you may contact the Consumer Authority at https://www.forbrukerradet.no/how-to-complain

2 Additional terms for Companies

If you have an agreement with us regarding access for several Users to the Unifractal Application (“Service Agreement”), you are considered a Business User. In addition to the terms above, the following applies to your Business:

Liability for compliance with the Terms of Service

You are responsible, in addition to the User, for compliance with the Terms of Service. If your end users breach the Terms of Service, you are obliged to notify us immediately. Repeated breaches of the Terms of Service are considered a material breach of the Service Agreement.

Personal data and data processing agreement

The Unifractal application processes personal data about Users. You are responsible for entering into a data processing agreement with us if needed.

Furthermore, you are obliged to ensure compliance with the applicable data protection regulations governing the end users.

Children’s access to the service

If you offer the Service to children under the age of 18, you are responsible for making sure they comply with the Terms of Service. If necessary, you must ensure getting consent from the children or the children’s guardians, before giving children access to the Service.

Duration and termination

The Terms of Service are valid until terminated in accordance with the terms of the Service Agreement.