FamilyBoard - Terms & Conditions of Software Subscription (January 26th, 2021)
(Last updated: 26.01.2021)
These general terms and conditions (“Terms”) apply to all users of Family Board Software (any reference in the Terms to “Customer” is a reference to User). References in the Subscription Agreement to “Customer” shall mean the person stated as “user” in the online login portal available at Our Family Software’s website.
The Customer acknowledges to have read and understood the Subscription Agreement. The Subscription Agreement constitutes a binding agreement when the Customer has accepted the Subscription Agreement through the ordering process of the Software, subject to confirmation by Our Family Software as mentioned in Section 1 below.
Our Family Software AS, organization number 923 474 390, (“Our Family Software”) sells and interactive board (tablet) that organizes family life. The computer tablet is connected to a software which allows users to use the tablet as an interactive board, back up their data and synchronize between different devices (such as computers, mobile phones etc.), hereby called the "Software". In order to use the tablet’s Software the Customer must enter into a subscription agreement which gives the Customer access to the Software (the “Subscription Agreement”).
The Software provides functionality to connect and visualize the family's information and synchronize this information between different devices.
1. DESCRIPTION OF THE SERVICE
The Software's features are described in further detail on www.ourfamilysoftware.com.
The Customer may order the Software using the ordering process on Our Family Software’s website. All orders are subject to acceptance by Our Family Software at its discretion.
2. SUBSCRIPTION OPTIONS
An initial subscription period may be provided free of charge upon the purchase of the computer tablet. Beyond this subscription period, use of the Software is subject to a rolling subscription fee in addition to the price already paid for the computer tablet. All features and upgrades to the Software are included in the subscription.
3. SUBSCRIPTION LICENSE AND SUBSCRIPTION PERIOD
The Customer is granted a limited, revocable, non-exclusive and non-transferable right to use the Software in accordance with the Subscription Agreement during the subscription period.
The Subscription Period starts running from the moment the Customer creates a customer profile on Our Family Software’s website unless otherwise stated during the ordering process.
Unless otherwise specified in the ordering process, the subscription runs until terminated by either party, in accordance with Section 4 below.
4. TERMINATION OF THE SUBSCRIPTION AND DUTIES UPON TERMINATION
The Customer may terminate the Subscription Agreement at any time and without cause through the customer profile on Our Family Software’s website or by sending an e-mail to firstname.lastname@example.org.
Our Family Software may not terminate the Subscription Agreement during the 30 day refund period pursuant to the terms and conditions for purchase of the tablet, unless; 1) Our Family Software offers another solution with similar capabilities, or 2) the Customer is in material breach of the Subscription Agreement pursuant to Section 9 below.
On the expiry of the refund period, the Subscription Agreement may be terminated by Our Family Software with three month’s prior notice (current + three months), if termination is reasonably necessary to protect Our Family Software’s interests.
Upon termination of the Subscription Agreement, the Customer will lose access to the subscription features, hereunder the Software. The Customer must ensure to download all data that the Customer wishes to retain from the Software before the subscription period expires or is terminated.
Our Family Software provides a standard file format for such data export through the Software. Our Family Software will upon the Customer’s consent keep the data stored in the Software after the termination of the Subscription Agreement.
5. TECHNICAL REQUIREMENTS
Information about the platform, hardware and software requirements for the Software is available here (“Technical Requirements”).
The Technical Requirements may be updated by Our Family Software without prior notice.Our Family Software shall, however, notify the Customer at least 60 days in advance if Our Family Software will stop supporting previously supported Technical Requirements.
Amendments to Technical Requirements shall not affect the Customer’s use of the Software, but if the Customer fails to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to the Customer.
The Customer shall be responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of the Software, and is responsible for all charges and expenses related thereto, including internet access. Our Family Software reserves the right to cancel access to the Software in the event that Customer’s failure to maintain and update its own hardware or software should represent a security risk for Our Family Software.
6. SERVICE LEVELS AND PLANNED DOWNTIME
It should be noted that the provisions of this Section 6 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.
The Software is provided “as is” and as a standardized service to anyone who has a valid subscription. The Software shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives the Customer a right to use the Software as is at all times, and the Customer’s use is not conditional or tied to a specific version or functionality. Our Family Software shall not be responsible for ensuring that the service fits atypical purposes for which the Customer uses the Software. Our Family Software reserves the right to make improvements, add, modify or remove functionality. Our Family Software may, however, not remove functionality which in Our Family Software view is to be regarded as key features of the subscription.
The Customer acknowledges that the Software will not always be completely free of errors and that the improvement of the Software is a continuous process. The Customer is further aware that successful use of the Software is dependent on equipment and factors that the Customer itself is responsible for (such as adequate internet connection) or which is outside of Our Family Software's control. Our Family Software is not liable for any discontinuance or disruption of the operation of the Software caused by a default in any third party service or by the Customer’s own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of the Software, and Our Family Software has no responsibility in this regard. Our Family Software will however always use its best efforts to accommodate and develop the Software on the basis of updates etc. relating to hardware and software supported by Our Family Software in accordance with the Technical Requirements specified above.
7. PERSONAL DATA
Our Family Software will process the personal data which the Customer provides or uploads to the Software only to the extent necessary to fulfill its obligations pursuant to this Subscription Agreement.
8. CUSTOMER'S USE OF THE SOFTWARE AND INDEMNITY
The Customer shall not use the Software in any way which violates any laws, infringes anyone’s rights or damages or interferes with the Software or any features on the Software.
The Customer shall ensure that the Customer’s log-in details, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed or used by third parties. The Customer agrees to notify Our Family Software immediately of any unauthorized use of the above information or any other breach of security.
Our Family Software has no obligation to monitor the Customer’s use of the Software in order to ensure compliance with the terms of this Subscription Agreement or applicable consumer purchasing legislation. However, Our Family Software reserves the right at all times to edit, refuse to post or to remove and delete any information or data, in whole or in part, if Our Family Software reasonably suspects that there might be a breach of the Subscription Agreement or applicable consumer legislation.
The Customer owns and is responsible for all data, information and material of any kind uploaded to the Software by the Customer, including personal data. Where applicable, the Customer is responsible for obtaining the appropriate authorizations for processing personal data. The Customer is also required to obtain the consent of the people involved where applicable. The Customer is fully responsible for ensuring that the data or information he or she uploads to the Software can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.
The Customer undertakes to indemnify Our Family Software for any third party claims arising as a result of the Customer’s use of the Software in breach of the Subscription Agreement.
9. TERMINATION FOR DEFAULT
It should be noted that the provisions of this Section 9 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer. Mandatory consumer protection law complements the provisions of this Subscription Agreement.
Our Family Software may terminate this Subscription Agreement with immediate effect if the Customer is in material breach of any provisions of the Subscription Agreement. Material breach includes but is not limited to (i) use the Software as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of the Software in a manner that may result in losses or the risk of loss for Our Family Softwareor any third party, (iii) attempts by the Customer to amend the Software or to use any other software or hardware other than the Software or hardware linked to the Software or (iv) payment default lasting more than 20 days, provided Our Family Software has provided the Customer with at least one payment reminder (which may be sent my e-mail).
The Customer shall be entitled to terminate the Subscription Agreement with immediate effect if Our Family Software is in material breach of the Subscription Agreement.
10. LIMITATION OF LIABILITY
It should be noted that the provisions of this Section 10 applies unless mandatory consumer protection legislation prescribes a better solution for the Customer.
Our Family Software shall only be liable for direct loss caused by Our Family Software’s breach of the Subscription Agreement and shall not be liable for indirect loss unless caused intentionally or by gross negligence. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with applicable consumer purchasing legislation, are regarded as indirect losses.
However, if the Software is used for non-consumer purposes, the total liability for Our Family Software, regardless of cause, is capped at the price of the Subscription.
11. FORCE MAJEURE
Our Family Software shall not be responsible nor liable to the Customer for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
12. INTELLECTUAL PROPERTY RIGHTS
The Software and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to Our Family Software and Our Family Software’s suppliers. The Subscription Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in Section 3 above.
13. USE OF THIRD PARTIES
Our Family Software may use sub-contractors to deliver the Software, including all support and maintenance services.
Our Family Software reserves the right to amend and change the terms of this Subscription Agreement by giving notice, unless the change is due to a legal obligation which implies a notice period.
Notice shall be given by e-mail to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address) and shall be deemed received by the Customer if the Customer can retrieve the content under normal circumstances.
In the event that Our Family Software amends the Subscription Agreement and that amendment is detrimental to the Customer, the Customer has a right to terminate the Subscription Agreement without penalty.
All notices pursuant to the Subscription Agreement shall be submitted via www.ourfamilysoftware.com. All notices to the Customer shall be sent to the e-mail address provided by the Customer in the order form (or subsequently updated e-mail address).
16. NO RIGHT TO CANCEL
The Software is classed as digital content pursuant to applicable consumer purchasing legislation and is therefore not subject to cancellation rights. Delivery of the Software is done without undue delay after the Customer has ordered the service if not otherwise stated in the ordering process. In the ordering process, the Customer is asked to consent to commencement of delivery, while acknowledging that the right of cancellation has thus been lost.
17. COMPLAINTS AND DISPUTE RESOLUTION
If the Customer has questions relating to the Software or wishes to make a complaint, Our Family Software may be contacted by via an online form at www.ourfamilysoftware.com.
The Customer may also file a complaint through the European Union Online Dispute Resolution.
If the Customer wants an additional copy of the Subscription Agreement that the Customer has accepted, Our Family Software will submit this to the Customer upon request.
This Subscription Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court. These terms will not limit any consumer protection rights that the Customer may be entitled to under the mandatory laws of country of residence.
The Software is licensed by Our Family Software AS, incorporated in Norway under organization number 923 474 390. Our Family Software is registered in the Register of Business Enterprises in Norway.
Our Family Software ’s contact information:
Address: Fidjeåsen 169, 4639 Kristiansand S, Norway
Phone no.: 0047 38 10 40 10