Outtt AS provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. Should the terms be updated, you will be asked to review and accept the terms again.
Outtt AS owns the service Outtt. This Agreement pertains to all services in relation to the usage of Outtt in addition to other Outtt AS services.
Outtt AS provides users with access, various communications tools, personalized content and data accessed through any various medium or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include certain communications from Outtt AS, such as service announcements and administrative messages and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Outtt AS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Outtt AS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Outtt AS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Outtt AS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Outtt AS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Outtt AS or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with Outtt AS or those other entities.
Outtt AS does not claim ownership of Content you submit or make available for inclusion on the Service.
With respect to photos, graphics, documents, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, you grant Outtt AS the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available on a worldwide, royalty-free, and non-exclusive license. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Outtt AS removes such Content from the Service.
You agree not to upload, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
The Service may provide, or third parties may provide, links to other web sites or resources. Because Outtt AS has no control over such sites and resources, you acknowledge and agree that Outtt AS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Outtt AS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You expressly agree that your use of the service, content and Outtt software is at your own risk. Neither Outtt AS, its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third party content providers, or licensors warrant that the service or Outtt software will be uninterrupted, timely, secure or error- free; nor do they make any warranty as to the results that may be obtained from use of the service or Outtt software including their accuracy, reliability, quality, adequacy, timeliness or authenticity. Nor do they make any warranty as to the accuracy, reliability, quality, adequacy timeliness or authenticity of any ads, information, service, products, merchandise or other material purchased provided by or through the service. The service and Outtt software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. In no event will Outtt AS, or any person or entity involved in creating, producing or distributing the service, ads or the Outtt software, be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the service or Outtt software. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action regardless of whether Outtt AS had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You acknowledge that Outtt AS may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space, bandwidth and server processing that will be allotted on Outtt AS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you or your customers may access the Service in a given period of time. You agree that Outtt AS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Outtt AS reserves the right to modify these general practices and limits from time to time.
The applicable rates and charges are set out in Outtt’s price list. If there is a charge associated with a portion of the Services, you agree to pay that charge. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. If payment has not occurred by the payment deadline a notification of closure and the new payment deadline will be sent. If payment is not made within a new time limit of four (4) weeks, the Agreement can be terminated. Any delayed payment to Outtt AS may incur additional costs and interest.
Any complaint on invoice must be made within a reasonable time and within the payment deadline. Non-disputed amounts are to be paid, unless otherwise expressly authorized by Outtt.
Subscription fees are billed or charged in advance of the applicable subscription period. When you purchase the Services on a subscription basis, you acknowledge and agree to recurring payment at the intervals set by the Agreement until the subscription for that Service is terminated by you or by Outtt AS. By authorizing recurring payments, you are authorizing Outtt to process such payments. Recurring payments are every 6 months unless otherwise agreed.
We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 1 month before the price change. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect.
You may cancel a Service at any time, with or without cause. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
Accounts where no payment has been received for a period of ninety (90) days will be classified as inactive ("Inactive Account").
Outtt AS, in its sole discretion, may delete any existing data from Inactive accounts and the trying of submitting incoming data may be refused.
This Agreement shall be considered as an Agreement made in Norway and shall be interpreted in accordance with Norwegian law and the courts of Norway shall have exclusive jurisdiction over all disputes that may arise between the parties.
If you provide us with information about another person or entity, you confirm that they have appointed you to act for them, to consent to the processing of their personal data including sensitive personal data and that you have informed them of our identity and the purposes for which their personal data will be processed.
While Outtt AS may suggest or supply software products and/or services from third parties, it cannot be held responsible for the performance of such software and/or services.
You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
By agreeing to these terms of service you acknowledge that you have not relied on any prior representation, warranty or other assurance made by or on behalf of Outtt AS and you waive all rights and remedies which but for this Agreement, might otherwise be available to you in respect or of such representation, warranty or other assurance, provided that nothing in this clause shall exclude or limit any liability for fraud.
You agree that Outtt AS may use your name and logo in presentations, marketing materials, customer lists, financial reports and web site listings of customers.