1. Terms of Use – TeamAlert
The TeamAlert service is provided under these Terms of Use (“ToU” or “terms”) regulates the use of the TeamAlert service and any related services (collectively “TeamAlert” or the “services”) provided or facilitated by Fram Web AS of Norway (“Fram Web” or “we”). In the following, “the customer” is the company or individual signing up for using the services and paying the agreed payment for the services. A “user” is an individual, which the customer grants access to the service.
These ToU applies to the customer and any person which are given access to TeamAlert, and constitute an agreement with the customer or users if TeamAlert is taken into use without any deviating terms or agreement are entered into with Fram Web.
Certain features of TeamAlert may be subject to additional guidelines, terms, or rules, which will be posted on the TeamAlert website in connection with such features. All such additional guidelines, terms, or rules, and the TeamAlert Privacy Policy, are hereby incorporated by reference into the terms.
2. Intended use
TeamAlert is intended to be accessed and used for non-critical information. The customer and users of the services take all responsibility with regard to the use of the services, and the information the services are used for. The customer is responsible for that users of the services are informed on these terms and the requirements for using the services, and that the users comply with these terms and the requirements.
While Fram Web aims for TeamAlert to be highly reliable and available at all times.. TeamAlert will be subject to sporadic interruptions and failures for a variety of reasons, also reasons beyond Fram Web’s control, including service provider uptime and mobile network disruptions. As a consequence, Fram Web is not responsible for any damage or loss caused by the failure of TeamAlert to operate at all times.
The cloud-based features of TeamAlert are currently operated on IBM Cloud in Norway. Thus, we do not warrant any specific operating time for the cloud-based service. We may change our cloud service provider or any other element in TeamAlert without advance or additional notice.
3. Standards, versions and distribution
3.1 Internet solution – web interface
Any part of TeamAlert that is made available through a web-based interface is made to work with modern versions of the major Internet browsers. Fram Web cannot guarantee that older versions of web browsers or all browsers are supported or will function.
3.2 Operating system versions – app interface
The TeamAlert apps are developed to operate on the latest main version of the operating system of the device on which the app is meant to operate. Backwards compatibility may be provided, at Fram Web’ discretion. Fram Web does not warrant for universal compatibility.
3.3 Distribution system terms
The TeamAlert apps are made available to users through Apple’s App Store, Google Play and similar distribution systems if Fram Web uses the distribution system. Any terms set by the distribution system applies in addition to these terms.
4. Accounts
4.1 Account use
To use TeamAlert, each user must register for a user account (“Account”) and provide certain information about themselves as prompted by the applicable registration form. All users are obliged to ensure that all required registration information submitted is truthful and accurate; the information submitted will be maintained accurate; and that the use of TeamAlert does not violate any applicable law or regulation, or terms herein, including those stated in section 5.3 (user restrictions).
4.2 Confidentiality
Each user are entirely responsible for maintaining the confidentiality of Account login information and for all activities that occur by use of the relevant Account.
The user must agree to use and provide “strong” passwords with the Account, and to keep your password private to prevent others from gaining access without permission.
4.3 Notification
All users must immediately notify Fram Web of any unauthorized use, or suspected unauthorized use, of the Account or any other breach of security.
Fram Web is not liable for any loss or damage arising from the customer or any user’s failure to comply with the above requirements.
5. Access and license to TeamAlert
5.1 Access to and use of TeamAlert
Subject to these ToU, Fram Web grants the customer a non-transferable, non-exclusive, license to access and use TeamAlert in connection with, and solely for the intended purpose of TeamAlert and for the period of time which Fram Web and the customer have agreed the services to be provided and as long as the customer pays the agreed remuneration for the services.
Fram Web may allow access free of charge for a limited period of time. see section 6.1. If the use of TeamAlert is not continuing as a payment service upon the end of such period, or if any payment for a new period of access is failed, the access to TeamAlert will be blocked.
Access to TeamAlert content may be regained by purchasing the service for a period. If payment for service are not continued, any user account and accompanying data will be deleted after a period of three years.
Any organization taking TeamAlert into use acknowledges that TeamAlert and its licenses may only be offered to internal users (end-users), and may not be resold to other service providers or making TeamAlert available to external end users.
5.2 Automatic software updates
Fram Web may from time to time provide patches, bug fixes, updates, upgrades and other modifications to improve the performance of TeamAlert (“Updates”). These Updates may be automatically installed without providing any additional notice, and the customer and any users must comply with these automatic updates. As part of the Updates, it may be required to install the Updates to use TeamAlert, and the customer and any users must promptly install any Updates which Fram Web provides.
5.3 User restrictions
The rights granted to the customer under these ToU are subject to the following restrictions:
The customer must agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit TeamAlert; modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of TeamAlert; access TeamAlert in order to build a similar or competing service; copy, reproduce, distribute, download, display, post, or transmit TeamAlert (hereunder software) in any form or by any means except as expressly stated in the terms.; upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, TeamAlert, or any other system, device or property; interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to TeamAlert or violate the regulations, policies, or procedures of such networks; access (or attempt to access) any of TeamAlert by means other than through the interfaces that are provided by Fram Web; nor remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with TeamAlert.
Any future release, update, or other addition to functionality of TeamAlert shall be subject to these ToU.
5.4 Compliant use
The customer and any uses undertakes not to contribute any content or otherwise use TeamAlert in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; violates any law, statute, ordinance or regulation; is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or likewise objectionable; or jeopardizes the security of the any Account (such as allowing that someone else to log in to TeamAlert with an user identity of another person) or TeamAlert.
5.5 Open Source Software
Certain software code may be included in TeamAlert that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these terms limits the rights under, or grants rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
6. Payment
6.1 Free version
A limited version of the service free of charge and free of commitment may be selected. We will not require any user to register any payment information in the free version.
Should a user wish to downgrade from a paid version of the service, any paid features of the service, described in the product documentation, will be made unavailable for the users and any members of the customer account, at the time of version change.
6.2 Payment method
A customer will need to purchase a license to use features of the services requiring payment. One single payment method, described below, applies.
Access purchased directly from the website of Fram Web will be sold in pre-defined packages. See our website for details.
Payment will take place by use of invoice. Payment will take place in advance once a calendar quarter.
6.3 Due time and VAT
Payment is to be made including applicable value added taxes or other duties, within 21 days of the invoice date, if not otherwise stipulated in these terms.
6.4 Overdue payments
Overdue payments are added the highest interest for late payment in accordance with the Norwegian act on interest for late payment (at the moment 8,5% per year) until payment is made. Upon 30 days delay of payment, Fram Web may suspend access to TeamAlert for the customer and any users the customer has granted access, and/or cancel these terms. Cancelation or suspension of access can take place only provided that the customer has received at least one written payment reminder and a written notification about the possible cancellation or suspension, with at least 14-day notice.
6.5 Retention
The customer is not entitled to withhold, retain or set off any payments unless the customer’s claim is either uncontested or subject to a final and binding court decision. Any withholding tax or taxes with similar effect is to be compensated by the customer.
7 Access to and ownership to data and information
All information publicly posted or privately transmitted through TeamAlert is the sole responsibility of the person from which such information originated. No ownership to such data is transferred to Fram Web by these terms. However, Fram Web may use information transmitted through TeamAlert for error search and improving and operating the service.
TeamAlert provides the customer with the controls to retrieve, correct or delete user data in an active account, as described in the documentation of the service.
Fram Web will not access or use personal data, except as necessary to provide any TeamAlert service initiated by the customer and to improve TeamAlert. Fram Web restricts its personnel from processing user data without authorization by Fram Web as described in the TeamAlert Privacy Policy. Fram Web will impose appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.
Fram Web will not disclose any personal data to any government, except as necessary to comply with the law or a valid and binding order of a law enforcement agency.
8. Data protection
Fram Web will comply with Norwegian data protection regulation. Such regulation is in accordance with EU data protection regulation, and will give a higher degree of protection for personal data. For further information on how Fram Web processes personal data, see Fram Web’s Privacy Policy.
Fram Web aims at processing personal data primarily within the European Economic Area ( “EEA”). However, the cloud operator may move data and there may be particular services that require transfer of personal data out of the EEA. The customer gives Fram Web an authorization to enter into EC Model Clauses on the customers behalf to enable such international transfer of data.
TeamAlert may also be integrated with third party services in order to offer enhanced services. If such services are taken into use, transfer of personal and other data to such third party services provider may be necessary.
9. Third party performances
TeamAlert relies on or interoperates with third party products, and the use and availability of TeamAlert may be dependent on these third party products and service providers. The provision of services from third parties, are beyond Fram Web’s control, and their operation may affect or be affected by the use and reliability of TeamAlert as the third party products and services may not operate in a reliable manner 100% of the time. Fram Web is not responsible for damage and loss due to the operation of these third party products and TeamAlert.
The customer is responsible for all fees charged by the customer’s own Internet service provider and mobile carrier in connection with use of TeamAlert.
Any use of third party services made accessible through TeamAlert shall take place in accordance with the applicable third party terms. Fram Web it not making any undertakings about the reliability or safety of any such third party service.
10. Liability
10.1 General liability
The parties are liable for any loss or damage due to negligence by either party, or any party that it instructs or represents.
The TeamAlert services are software based services, which are complex and will not be free of errors. For this reason, Fram Web is not liable for any loss or damage which is caused by errors in TeamAlert.
Any use of TeamAlert takes place subject to these terms and any instructions from Fram Web.
10.2 Limitation of liability
In all events and regardless the above, the parties are not liable for any indirect, special, incidental or other consequential loss or damage that may arise under the performance of these terms, hereunder for loss of profit, business, revenue, goodwill, data or anticipated savings.
To the extent any loss or damage was caused by negligence, the liability of the parties is in any event limited to one half of the amount paid by the customer during the preceding 12 months period. However, this shall not affect the limitation of liability stipulated in section 10.1 second paragraph related to errors.
Both parties are obliged to limit the extent of any damage by relevant preventive measures.
Fram Web do for example encourage the customer to verify that critical information is received by the intended recipients in cases where life and health is at risk.
11. Term and termination
11.1 Term
These terms will remain effective from when the services are ordered and paid for through Fram Web’s web pages by direct payment or by use of invoice.
The services shall continue as long as ordered when the customer ordered the services, and will continue to be delivered in 12 month terms if the customer has not in written terminated the delivery of the services within three months before the annual anniversary of such period (i.e. automatic renewal).
11.2 Cancellation
Either party may cancel these terms and any agreement entered into where these terms are part with immediate effect and seek damages if:
a) one party is in material breach of the agreement;
b) one party use any part of the intellectual property rights of the other party in breach of the terms of the agreement or any relevant license with regard to the services; or
c) one party is in breach of any other of its obligations under these terms, and fails to remedy the breach within 30 days from a notice of breach has been issued by the other party.
11.3 Notifications
Any termination or cancellation of services, or any other notification between the parties, must be communicated to the other party in writing and sent by e-mail or another satisfactory manner where the receipt of the notice is confirmed by authorized personnel. Terminations and/or cancellations shall be accompanied by the relevant written information on the basis for the cancellation.
12. Force majeure
The parties shall not be liable for any loss or damage due to reason of force majeure. Force majeure shall be deemed to include circumstances beyond the control of the party, such as statutory restraints, decisions by a court of law or a governmental agency, perils of the sea or air; fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, shortage of supplies, equipment, materials, breakdown of equipment and labour disputes.
13. Disputes, legal venue and governing law
13.1 Amicable negotiations
The parties will attempt to resolve any disputes, controversies or claims arising out of or relating to these terms through amicable negotiations. Such negotiations shall start no later than 15 days after either party requested negotiations.
13.2 Legal venue and governing law
If the parties are unable to reach a negotiated solution, the dispute will be referred to Oslo City Court as mandatory legal venue.
Norwegian law shall apply for these terms, any agreement entered into with regard to these terms or any dispute, which is related to the rights or obligations, or the understanding of, these terms.