Last Updated: May, 2017
1. The Services We Provide.
AnsuR provides communication services that solves the challenges related to communication and networking of mission-critical multimedia data. AnsuR provides these services through a software system named RAIDO.
RAIDO consists of several products, modules and solutions where the main units are ASIGN, ASMIRA and AIR. RAIDO offers decision-makers improved situational awareness, through optimized communication of visual content with operational relevance, adaptive streaming, smart field access network management, geo-tagging and mapping.
AnsuR offers these services through various tools which include: a central server and web portal with a set of sender and receiver clients, downloadable software (mobile and desktop applications) amongst others. The Server may either be hosted by AnsuR or self-hosted by the customer.
THE TERMS THAT GOVERN USE OF OUR SERVICES WHERE ANSUR HOSTS THE SERVER ARE DIFFERENT, IN PART, FROM THE TERMS THAT GOVERN USE OF OUR SERVICES WITH A SELF-HOSTED SERVER BY THE CUSTOMER. THE SPECIFIC PROVISIONS THAT RELATE ONLY TO SELF-HOSTED INSTALLATIONS IS SET FORTH IN SECTION 11.2. ALL OTHER NON-SPECIFIED TERMS SHALL APPLY TO BOTH TYPES OF SERVER INSTALLATIONS.
2. Your Use of the Service.
This Agreement is effective as of the date the Customer/User clicks to accept the Agreement (the “Effective Date”). If you are agreeing to these Terms on behalf of that Organization, you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. You may use the Service only if you can form a binding contract with AnsuR and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
The Service may change from time to time as we evolve, refine, or add more features to the Service, sometimes without explicit notice to you. To the extent permitted by applicable law, you understand, agree and accept that we have no obligation to upgrade or update the Service, or to provide all or any specific function through the Service.
Where there is a breach of this agreement, we may temporarily or permanently stop providing the Service, or any features within the Service, to you.
3. Your Content.
Some areas of the Service allow you to take photos, videos or other materials (“Content” or “your Content”), and transfer parts or all of your Content to a remote Server for a designated operator to interact with it. You retain ownership of your Content, and there are several activities that you may do with your Content, for example, copy it, modify it, request for a particular content or a region of the content. AnsuR has no responsibility for that activity.
Please consider carefully the Contents you choose to use. You agree that any Content that you interact with does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy.
In connection with providing the Service, we may modify or adapt your Content in order to process, transmit, display or distribute it over computer networks and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services.
4. Your Account.
You may be required to create an account and specify a password in order to use certain part of our Services or an administrator (such as your employer) may create an account for you. Your account gives you access to the Services and functionality that we may establish and maintain from time to time.
We may maintain different types of accounts for different types of users or organizations. To create an account, you must provide accurate information. If you are using an account assigned to you by an administrator, additional terms may apply to your use of our Services. Your administrator may be able to access or disable your account without our involvement.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We cannot and will not be liable for any loss or damage arising from your failure to secure your username and password. You must notify your system administrator immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. AnsuR’s License to You.
Subject to these Terms, we give you a worldwide, non-assignable, non-sublicensable, and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms of Service. We can terminate this license upon a breach of these Terms.
We make available software to access our Server via a mobile device (“Mobile Software”) or a computer (“Desktop Software”). To use the Mobile or Desktop Software, you must have a compatible mobile device or computer. We do not warrant that the Mobile or Desktop Software will be compatible with your device. You cannot do the following with our Software and to any updates, and/or supplements thereto:
- modify, disassemble, decompile, or reverse engineer except to the extent that such restriction is expressly prohibited by law; or
- rent, lease, loan, resell, sublicense, distribute, or otherwise transfer to any third party; or
- make any copies; or
- remove, circumvent, disable, damage, or otherwise interfere with security-related features that enforce limitations on use; or
- delete the copyright and other proprietary rights notices on it.
You agree that we may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your device. You agree to the automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
This license is not a sale of the Software or any copy thereof, and AnsuR or its third-party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). We reserve all rights not expressly granted under these Terms.
The Software may be subject to the import and export laws of other countries. You agree to comply with all laws related to use of the Software and the Service.
6. AnsuR’s Property, Copyrights And Feedback.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of ANSUR. The Service is protected by copyright, trademark laws. Nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding us or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Use of Content.
All Content in or on the Service transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service, and we cannot take responsibility for such Content.
Under no circumstances will AnsuR be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to originate and transmit your Content for use in accordance with these terms and conditions.
8. Acceptable Use of Our Services.
We are trusted by our users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
- use the Service for any unlawful purposes or for promotion of illegal activities;
- post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy laws;
- access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
- interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
9. Fees and Payment
AnsuR provides its Services subject to the payment of requisite fees and the Customer agrees to pay all fees as agreed between the parties. The fee can be paid via Credit-Card, PayPal, Bank transfer or other means as agreed. There will be no refunds for unused period of the Services.
Failure to perform payment shall be construed as material breach of this Agreement; hence AnsuR reserves the right to deactivate your access to the Services. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
If your access to our Services is enabled through an organization (Our Customer); in the event the organization fails to pay the fees as and when due, we may immediately suspend or terminate your access to our Services without any liability or notice to you.
10. Term and Termination
The “Term” of this Agreement will begin on the Effective Date and continue until terminated upon the happening of any event stated in this section.
Upon the occurrence of any of the event stated below, we may terminate this Agreement and use reasonable efforts to notify you by email or at the next time you attempt to access your account:
- Failure to renew your subscription fee or pay applicable charges in connection with this service.
- there is a material breach of this Agreement
- there is an unexpected technicality or security problems
- upon a legal decision or request by a law enforcement agency
Upon termination, all rights granted to you under this license shall cease and you agree to stop accessing, using and delete (where applicable) the Services. The financial obligations incurred by you shall survive the expiration or termination of this license and becomes due immediately.
While termination may eventually include deletion of password and all related information, files and content associated with your account, however, customers/users in default of payment will initially experience reduced services for a period of time before their account is eventually blocked and deleted.
Any section of this Agreement that; either explicitly or by its nature must remain in effect even after termination of this Agreement, shall survive termination.
11.1 Privacy (AnsuR Hosted Server).
We reserve the right to delete your Content after some time, in the event of your termination of service with us.
We also reserve the right to access, read, preserve, and disclose any information or Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of AnsuR its users, and the public.
11.2 Privacy (Customer Hosted Server).
Where the Server is hosted by the Customer (“your organization”), your data is collected and processed by the organization and not by AnsuR. We are not responsible for monitoring how the organization uses your data, therefore we recommend checking their privacy and security policies before using our downloadable software.
12. NO WARRANTY
WHILE WE WILL STRIVE TO KEEP OUR SERVICE OPERATIONAL, HOWEVER, CERTAIN TECHNICAL DIFFICULTIES OR MAINTENANCE MAY SOMETIMES RESULT IN TEMPORARY INTERRUPTIONS. THEREFORE THIS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
13. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED UNDER LAW, WE SHALL NEVER, AND WITHOUT ANY LIMITATION (INCLUDING IN THE EVENT OF NEGLIGENCE) BE LIABLE FOR ANY PERSONAL, CONSEQUENTIAL OR INCIDENTAL INJURY, BUSINESS INTERRUPTION, DAMAGES, LOSS OF DATA OR INFORMATION, COST, OR ANY FORM OF PAYMENT WHATSOEVER INCURRED BY THE USER ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE. ANSUR IS ALSO NOT LIABLE FOR ANY FAILURE OR BUGS EITHER OR OTHERWISE RESULTING FROM THE INTERACTION BETWEEN THE SERVICE AND YOUR OR ANY 3RD PARTY’S END EQUIPMENT, COMPUTERS, OTHER SOFTWARE, OR SERVICES.
IN THE EVENT OF ANY LIABILITY ARISING AS PERMITTED UNDER THE LAW, WE ARE STRICTLY LIABLE ONLY TO REIMBURSEMENT OF THE PURCHASE PRICE FOR THE SERVICE.
We may update or modify this Agreement from time to time and when we do, we will make reasonable efforts to notify you of the change by either generating a pop-up or similar notification upon accessing our services for the first time or sending a message to your email address after such changes are made. If you continue to use our services after those changes are in effect, you are deemed to have agreed to the modified terms in this Agreement.
To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any lawsuits, claims, losses, liability, cost or expenses arising from any claim including but not limited to your use of the Services in means that violate or breach this Agreement.
16. Dispute Resolution
In order to control the cost of disputes you and we agree that for any legal or equitable claim arising out of or relating in any way to your use of our service or for any matter concerning those terms of service will be first resolved informally after you have contacted us and sent us a statement at: email@example.com
If we cannot resolve this claim informally, any claim will be resolved by binding arbitration in Oslo, Norway. The arbitration shall be conducted in the English and the tribunal shall consist of three (3) arbitrators.
17. Governing Law.
This Agreement shall be governed by and construed under the laws of Norway, excluding any body of law governing conflicts of law. Class action or class arbitration is prohibited in respect of any claims or actions arising from this Agreement.
18. Contact Us
For comments, questions or clarifications in respect to this Service or Agreement, contact us at:
AnsuR Technologies AS, Att: Legal Dept., Martin Linges Vei 25 1364, Norway, Email: firstname.lastname@example.org
org. no: 888 777 032