The following terms and conditions govern all use of the services of FutureOn AS and/or any if its affiliated companies (collectively, “FutureOn” or “Company”), the website (the “Website”) or software service thereof. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FutureOn’s Privacy Policies) and procedures that may be published from time to time on this Website by FutureOn (collectively, the “Terms”).
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by these Terms. If you do not agree to these Terms, then you may not access the Website or use any Services (as defined below).
FutureOn offers a wide range of services, such as the FieldTwin PaaS solution, the FieldAP SaaS solution, content creation, publishing to social networks, blogs, communications, scheduling, analytics, reports, integration to other operating data systems and various other functions (collectively referred to as the “Service” or “Services”. By content means, but is not limited to, anything you post or share such as text, stories, images, videos, sound, links, and the like using the Service (the “Content”).
The Services are offered to Authorized Users only, as defined in the service agreement between FutureOn and its paying customers, the “Service Agreement”). If you are not an Authorized User, you are not entitled to use the Service.
These Terms sets forth certain terms and conditions that apply to each Authorized User. In the event any Customer-specific terms or conditions as set out in a Service Agreement, conflict with any of the terms or conditions that apply to Authorized Users generally, the terms of the Service Agreement shall take precedence. Please refer to your Service Agreement for specific terms governing your usage.
- Access to the Service
If you use the Service, you accept and are subject to the terms and conditions of the Service Agreement and these Terms.
As a condition to using certain products and services of the Service, you will be required to register with FutureOn, and provide FutureOn with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. FutureOn reserves the right to refuse registration, or cancel your registration, in its sole discretion. You are responsible for maintaining the confidentiality of your password and other account information.
FutureOn may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. FutureOn may also impose limits on certain features and services or restrict your access to the Services without notice or liability.
You certify to FutureOn that if you are an individual (i.e. not a corporation) you are at least 13 years of age. You also certify that you are legally permitted to use the Service and takes full responsibility for the selection and use of the Service. If these Terms are deemed void by law, the right to access the Service is revoked in such jurisdictions.
You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Service.
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service; (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes without a revenue share agreement with FutureOn; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, FutureOn shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. FutureOn reserves the right to bar any such activity.
You shall not: (a) attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any FutureOn server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means; (b) probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service; (c) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or FutureOn’s systems or networks, or any systems or networks connected to the Service or to FutureOn; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; and (e) use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
- Fees and Payment
For use of the Service you agree to pay FutureOn the fees as agreed with FutureOn’s sales department. Payments will be charged on the day you sign up and by each renewal date which will cover the use of the Service for a period as indicated. Service fees are not refundable.
FutureOn may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You, the Customer, or any third party, own the Content and information you place on the Website. You specifically grant to FutureOn a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with FutureOn or the social networks published by the Service. Further, you acknowledge and agree that when you publish content and information using the public setting on certain social media websites such as Facebook, that you are solely responsible for controlling sharing of content and that you are allowing everyone, including people off social networks, to access and use that information and to associate it with you the brand of the Customer and you (i.e. your brand, name and profile Content). You agree that all Content delivered via the Service or otherwise made available by FutureOn at the Website and to other networks are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. FutureOn does not support the distribution of pornographic content. Except as expressly authorized by FutureOn in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content.
FutureOn reserves the right, at its sole discretion, to modify or replace any part of these Terms. You have the responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. FutureOn may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
The Service is provided on an “as is”-basis if otherwise not stated in the Service Agreement. FutureOn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FutureOn nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
FutureOn shall have no liability whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms. FutureOn’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total fees paid by you during the 12 months immediately preceding the date on which the claim arose.
- General Representation and Warranty
- Intellectual property rights
You acknowledge and agree that FutureOn and/or its licensors own all intellectual property rights in the Website and the Services, including the FieldTwin PaaS solution and the FieldAP SaaS solution, including all development, improvements, extensions, bug fixes, test cases, documentation changes and all other changes in thereto. Other than the Content, these Terms does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Website and the Services.
You are solely responsible for what you publish on the Website and agree not to infringe or violate any intellectual property rights of FutureOn or others.
You agree to indemnify and hold harmless FutureOn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website/Service, including but not limited to, your violation of this Agreement.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Norway. You irrevocably accept that the courts of Oslo, Norway, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).