Index

Terms and Conditions

License and Subscription Agreement

Terms and Conditions

Effective Date: 01.10.2024

1. Introduction

Welcome to Insp AS ("Insp," "we," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our services, including our website Insp.no, mobile applications, and other related services (collectively, the "Services"). By accessing or using our Services, you agree to comply with these Terms and our License and Subscription Agreement.

If you do not agree with these Terms, please do not use our Services.

2. About Us

• Company Name: Insp AS

• Registration Number: 920989497 (Norway)

• Registered Office: Fredensborgveien 22F, 0177 Oslo, Norway

• Contact Information:

  • Email: post@insp.no

3. Use of Services

• Eligibility: You must have the legal capacity to enter into contracts to use our Services.

• Business Use: Our Services are intended for business purposes within the retail chain including its independent or franchise-operated stores.

• Account Registration: You may need to register an account to access certain features. Keep your account information accurate and up-to-date.

• Security: You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use.

• Compliance: You agree to use the Services in compliance with all applicable laws and regulations.

4. Intellectual Property

• Ownership: All content on our Services is owned by Insp or our licensors and is protected by intellectual property laws.

• License to Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for their intended purposes.

• Restrictions: You may not copy, distribute, modify, or create derivative works from any content on the Services without our prior written consent.

• Trademarks: All trademarks, logos, and service marks displayed on the Services are our property or the property of other parties. You are not permitted to use them without our prior written consent.

5. Acceptable Use Policy

You agree not to:

• Use the Services in any way that violates any applicable laws or regulations.

• Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

• Interfere with or disrupt the security or performance of the Services.

• Use any automated means (e.g., robots, spiders) to access the Services without our express written permission.

• Upload or transmit viruses, malware, or other harmful code.

6. User Content

6.1 Definition

"Your Content" refers to any media or materials you submit to our Services, including images, videos, text, and other materials.

6.2 License Grant

By uploading Your Content, you grant Insp AS, the head office of your retail chain, and other franchisees and independent stores within the retail chain a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, reproduce, modify, adapt, publish, translate, distribute, display, and perform Your Content.

• Use Your Content for the operation and promotion of the Services.

• Use Your Content in marketing, advertising, and promotional activities of the retail chain.

• Allow other franchisees and independent stores within the retail chain to use Your Content for business purposes.

6.3 Your Warranties

You represent and warrant that:

• You have all necessary rights and permissions to submit Your Content.

• Your Content does not infringe any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

• Your Content complies with all applicable laws and regulations.

• Your Content is not illegal, offensive, defamatory, or otherwise objectionable.

6.4 Restrictions on Your Content

You agree not to:

• Submit content that is illegal, harmful, threatening, defamatory, obscene, infringing, or otherwise objectionable.

• Upload content that contains personal data of third parties without their consent.

• Misrepresent the origin of any content.

6.5 Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from Your Content or your violation of these Terms.

7. Licensing Content from Insp

7.1 Definitions

• Content: All media available for license through the Services, including images, videos, and text, whether provided by Insp or uploaded by users.

• Visual Content: Collectively refers to images and videos.

• User Content: Content submitted by end users, including franchisees and independent stores.

7.2 License Grant

We grant you a non-exclusive, non-transferable license to use Visual Content provided by Insp or uploaded by other users within your retail chain, as specified in this Agreement.

7.3 Permitted Use

You may use the Visual Content for:

• Digital posts or ads on social media platforms.

• Direct personal channels such as Messenger, SMS, and email marketing.

• Business-related purposes within the retail chain.

7.4 Restrictions

You may not:

• Use the Content beyond the scope of this license.

• Modify Content in a misleading way or alter it negatively.

• Resell, redistribute, or share the Content outside the retail chain.

• Use Content in any manner that infringes on third-party rights or violates any laws.

• Claim ownership of Content provided by others.

7.5 Credit and Attribution

• All users agree to waive their right to attribution for any Visual Content they upload to the Services, to the extent permitted by applicable law.

• You may use Visual Content uploaded by other users, including franchisees and independent stores, without providing credit to the original contributor.

8. Third-Party Services

• Integration: Our Services may integrate with third-party services (e.g., Facebook, Instagram, TikTok, YouTube).

• Compliance: By using these integrations, you agree to comply with the third-party terms of service.

• Liability: We are not responsible for third-party services or their actions.

9. Modification and Availability of Services

• We may modify, suspend, or discontinue any part of the Services at any time without notice.

• We are not liable for any modifications or interruptions to the Services.

10. Warranties and Disclaimers

10.1 Content Warranties

• We do not warrant the accuracy, completeness, or usefulness of any Content provided by Insp AS or by users.

10.2 Disclaimer

• The Services are provided "as is" and "as available."

• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

• We do not guarantee that the Services will be uninterrupted, secure, or error-free.

11. Limitation of Liability

• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.

• Our total liability to you will not exceed the amount you have paid for accessing the Services in the last month.

• Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded by law.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses arising from your use of the Services or violation of these Terms.

13. Data Protection and Privacy

• Compliance: We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the GDPR.

• Your Rights: You have rights regarding your personal data, as outlined in our Privacy Policy.

14. Changes to Terms

• We may update these Terms from time to time.

• We will notify you of significant changes by posting a notice on our Services or contacting you directly.

• Your continued use of the Services after changes indicates your acceptance of the new Terms.

15. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Norway.

• Any disputes will be resolved in the courts of Norway.

• If you are a consumer residing in the EU, you may have additional rights under your local laws.

16. Miscellaneous

• Entire Agreement: These Terms, along with our License and Subscription Agreement and Privacy Policy, constitute the entire agreement between you and us.

• Severability: If any provision is found invalid, the remaining provisions will remain in effect.

• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

License and Subscription Agreement

Effective Date: 01.10.2024

1. Introduction

This License and Subscription Agreement ("Agreement") governs your professional use of our Services for business purposes. By subscribing to our Services, you agree to comply with this Agreement and our Terms and Conditions.

2. Subscription and Acceptance

• Purchasing a Subscription: Subscribe to our Services by entering into a Main Agreement with us.

• Acceptance: The contract between you and us begins upon signing the Main Agreement ("Commencement Date").

3. Cancellation and Termination

• Termination Terms: Terms regarding cancellation and termination are specified in the Main Agreement.

• Refunds: Service fees are non-refundable unless otherwise stated in the Main Agreement.

4. Services Provided

• Access: Access our Services via our website and mobile apps.

• Description: Services are described in detail on our website and in the Main Agreement.

• Modifications: We may modify or discontinue any part of the Services at any time without notice.

5. Licensing Content from Insp

5.1 Definitions

• Content: All media available for license through the Services, including images, videos, and text, whether provided by Insp or uploaded by users.

• Visual Content: Collectively refers to images and videos.

• User Content: Content submitted by end users, including franchisees and independent stores.

5.2 License Grant

We grant you a non-exclusive, non-transferable license to use Visual Content provided by Insp or uploaded by other users within your retail chain, as specified in this Agreement.

5.3 Permitted Use

You may use the Visual Content for:

• Digital posts or ads on social media platforms.

• Direct personal channels such as Messenger, SMS, and email marketing.

• Business-related purposes within the retail chain.

5.4 Restrictions

You may not:

• Use the Content beyond the scope of this license.

• Modify Content in a misleading way or alter it negatively.

• Resell, redistribute, or share the Content outside the retail chain.

• Use Content in any manner that infringes on third-party rights or violates any laws.

• Claim ownership of Content provided by others.

6. Warranties

6.1 Your Warranties

By submitting content, you represent and warrant that:

• You own all rights, licenses, and permissions necessary to grant the licenses outlined in this Agreement.

• Your Content does not infringe upon any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

• Your Content complies with all applicable laws and regulations.

7. Charges and Payment

• Charges: You must pay the charges as outlined in the Main Agreement.

• Payment Terms: Payment terms, including due dates and accepted payment methods, are specified in the Main Agreement.

• Taxes: You are responsible for any applicable taxes, including VAT, sales tax, or other indirect taxes.

8. Data Protection and GDPR Compliance

• Compliance: Both parties agree to comply with all applicable data protection laws, including the GDPR.

• Data Processing Agreement: If required, a separate Data Processing Agreement will be entered into to outline each party's obligations regarding personal data.

• International Transfers: Insp AS will not transfer personal data outside the EU/EEA conducted in compliance with GDPR requirements, using appropriate safeguards.

9. Liability and Indemnification

• Limitation of Liability: Our total liability under this Agreement is limited to the amount you have paid for the Services the last month.

• No Liability for User Content: We are not liable for any content uploaded by users, the head office, franchisees or independent stores.

• Indemnification: You agree to indemnify us against any claims arising from your breach of this Agreement or misuse of the Services.

10. Termination

• Termination for Breach: We may terminate this Agreement immediately if you breach any terms.

• Effects of Termination: Upon termination, all licenses granted to you will cease, and you must stop using the Services and any Content obtained.

11. Governing Law and Jurisdiction

• This Agreement is governed by the laws of Norway.

• Any disputes will be resolved in the courts of Norway.

• If you are a consumer residing in the EU, you may have additional rights under your local laws.

12. Miscellaneous

• Entire Agreement: This Agreement, along with the Main agreement, our Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and us.

• Amendments: We may update this Agreement from time to time. Changes will apply upon renewal of your subscription.

• Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent.

• Severability: If any provision is found invalid, the remaining provisions will remain in effect.