1. Introduction
These terms and conditions regulate Digitech AS (“The Company”) provision of the service “Digitech” (“The Service”) and Company AS liabilities and responsibilities rendered under your use of The Service. Use of The Service includes but is not limited to: All direct interaction with The Service through provided user interfaces or APIs. By registering an account on and using The Service, you agree to these Terms of Use and our Privacy Policy. You agree that such consent constitutes a legal binding between yourself, your represented party/parties and The Company.
2. The Service
The Service primarily consists of a web application. The target audience is primarily professionals within the HVAC-industry as well as other similar industries. The primary purpose of the web application is to allow companies and their employees to perform tasks related to:
- Project management.
- Project documentation.
- Project issue reporting and handling.
- Time tracking.
- Customer proposal creation and calculations.
- Company handbook creation.
- And other relevant tasks.
3. Restrictions of use
The Service may only be used for the specific use-cases outlined by us and which is natural for a product such as The Service. The Service may not be used commercially for any activity not specifically approved by us.
The Service shall not be used in any ill-intended or otherwise unlawful way. This includes but is not limited to:
- Mistreat, harass, mislead, defraud, disparage, tarnish, impersonate or otherwise cause harm to us or other users of The Service.
- Impersonate us or our intellectual property in any manner on The Service or in any other digital or printed media.
- Copy, download or otherwise illicitly attain source code, media, graphics, or other parts of The Service or other parts of our intellectual property.
- Attempting to circumvent, bypass or evade any of the security measures of The Service.
- In any other way use the system in a manner which harms us or any user of The Service.
4. Ownership
The Company owns all intellectual rights to The Service, content of or related to The Service, including logo, graphics, textual content, and any other comprising part of The Service, with the sole exception of “Uploaded data”.
All data uploaded and entered by you (“Uploaded data”) as a user of The Service remains in your ownership. This includes all dynamic content entered or uploaded, related to you or your account.
You are not allowed to enter, upload, or share other user's or legal entities' content without their explicit permission.
5. Licensing and payment terms
The Service is offered under a recurring subscription model. The pricing of The Service can be found at our website: https://digitech.no/pricing.
You agree to be subject to the licensing fees outlined there. Billing will be initiated either via our third-party payment providers or by the sending of an invoice. All invoices will be sent up front for the total license fee. Third-party payment providers may collect your license fees directly from your entered payment method.
All pricing terms are subject to change at our discretion, of which you will be notified per e-mail or via other contact information we may have. You are responsible for keeping your contact information recorded in your user or company account up to date.
On using The System and agreeing to these terms you agree to all charges sent to you, or your legal entity as derived from your usage of The Service in conjunction with the pricing terms. While the terms are in effect you are henceforth described as “Subscribing” to the service under “Your Subscription”.
6. Termination
These Terms of Use shall remain in effect while you or any member of your represented legal entity use The Service.
You are entitled to cancel Your Subscription of The Service at any point in time. Under a cancellation you may continue to use The Service for the entire duration you have paid for.
WITHOUT ANY OTHER LIMITATIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY DENY YOU OR YOUR LEGAL ENTITY ACCESS TO THE SERVICE, FOR ANY REASON.
If we terminate your account for any reason, you are prohibited to create a new account in any circumstance. We also reserve the right to take legal (civil or criminal) action against you or your legal entity in the case of serious breach of these Terms.
7. Limitations of liability and indemnity
The Company shall in no case be liable for direct or indirect damage of any sort, caused to you or your legal entity, including but not limited to data loss, lost profits, lost revenue or any other damage arising from your use of The Service.
Company AS shall not be liable for any direct or indirect damage of any sort caused to your legal entity as the result of inability to access, reduced capacity of, any other temporary deficiency of or any other reliance you or your legal entity may have on The Service.
You agree to indemnify The Company and hold us harmless, including our subsidiaries, affiliates, representatives, employees and agents from any claims, losses, liabilities, fees or other expenses (including attorney fees), arising out of or in connection with The Service, including your or other user's use of The Service, including any other user's violation of any third party rights.
8. Disclaimer
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY FOR YOUR USE OF THE SERVICE OR FOR THE COMPLETENESS OF THE SERVICE, HERUNDER ANY WRITTEN OR DIGITAL MATERIAL PRESENTED ON THE SERVICE.
WE ARE IN NO WAY RESPONSIBLE AND CAN IN NO MANNER BE HELD LIABLE FOR ANY ERROR, INACCURACY, MISTAKE, PERSONAL OR PROPRIETAL INJURY OR ANY OTHER DAMAGE WHATSOEVER RELATED TO YOUR USE OF THE SYSTEM.
WE DO NOT WARRANT OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OTHER MATERIAL OFFERED OR ADVERTISED BY ANY OTHER THIRD PARTY THROUGH THE SERVICE.
ANY OTHER WARRANTY INCLUDING WARRANT OF MERCHANTABILITY ARE EXCLUDED AND DISCLAIMED.
9. Updates to these Terms
The Company reserves the right to update or modify these Terms at any time without notice. Your continued use of The Service represents your agreement to any update or revision. Any significant update to the Terms will result in a notification being sent to your e-mail or any other contact information we may have. You are responsible for keeping your contact information recorded in your user or company account up to date.
10. Third party consent
By using The Service you also consent to being bound by Google's terms of service.
11. Governing law and jurisdiction
These Terms are governed by the laws of Norway. Disputes should first be sent to post@digitech.no. Any such dispute should be sought settled amicably. If the parties are unable to settle the dispute it shall be subject to ordinary court proceedings. The legal venue shall be Oslo District court.