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Terms and Conditions for Lytte

Terms and Conditions

Last updated: 28 Jan 2021

Please read these terms and conditions carefully before using Our Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Agreement means these Terms and Conditions together with the Subscription.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Lytte AS, Bryggegata 3, 0250 Oslo.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by Users through the Services, regardless of the form of that content.

Customer means the legal entity that enters into an Agreement with the Company for delivery of the Services.

Customer Account means a unique account created for an individual Customer on the Platform.

Device means any device that can access the Platform and Services such as a computer, a cellphone, or a digital tablet.

Free Trial refers to a limited Subscription period in which the Subscription is provided to the Customer free of charge.

Platform refers to both the Lytte website, accessible from lytte.io and Lytte admin, accessible from admin.lytte.app.

Services refers to the services delivered to the Customer through the Platform, as further described in these Terms and Conditions.

Subscription refers to the individual parts of the Agreement between the Customer and the Company regarding access to the Services for the Customer and the Customer’s Users, including the agreed Subscription plan and Subscription fees.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that together with the Subscription constitutes the Agreement between the Customer and the Company regarding the Company’s delivery of the Services.

Users means individual physical persons who access the Platform and Services through a Customer Account, and who upload Content to the Platform.

You means the individual physical person using the Services under a Customer Account.

Acknowledgment

Any use of the Service is governed by these Terms and Conditions, which together with the Subscription constitute the Agreement between You and the Company regarding the delivery of Services through the Platform. This Agreement sets out the rights and obligations of the Customer and all the Customer’s Users regarding the access to and use of the Platform and Services.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement. By accessing or using the Platform and Services You agree to be bound by this Agreement. If You disagree with any part of this Agreement then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Platform and Services.

Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your Personal Data when You use the Platform and Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform and Services.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis for each Subscription period (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, the Customer’s Subscription will automatically renew under the same conditions unless the Customer cancels it or the Company cancels it prior to the end of the then-current Subscription period.

Subscription cancellations

The Customer may cancel Your Subscription renewal either through the Customer Account settings page or by contacting the Company. The Customer will not receive a refund for the fees already paid for the current Subscription period and the Customer’s Users will be able to access the Service until the end of the current Subscription period.

Billing

The Customer shall provide the Company with accurate and complete billing information including full name, postal address, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that the Customer must proceed manually, within a certain due date for payment, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide the Customer with reasonable prior notice of any change in Subscription fees to give the Customer an opportunity to terminate the Subscription before such change becomes effective.

The continued use by the Customer of the Service after the Subscription fee change comes into effect constitutes the Customer’s agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

A Customer may be required to enter billing information in order to sign up for the Free Trial.

If the Customer enters its billing information when signing up for a Free Trial, the Customer will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless the Customer has cancelled its Subscription, the Customer will be automatically charged the applicable Subscription fees for the type of Subscription selected by the Customer.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Platform Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on the Platform and Services. You retain any and all of Your rights to any Content You submit, post or display on or through the Platform and Services and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other Users of the Service connected to the same Customer Account, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the rights of any third party, including (without limitation) privacy rights, intellectual property rights or contract rights.

Content Restrictions

The Company is not responsible for the content of the Service's users. The Customer expressly understands and agree that the Customer and the Customer’s individual Users are solely responsible for the Content and for all activity that occurs under the Customer account, whether done so by a User appointed by the Customer or by any third person using the Customer Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service by an individual User or by all of the Customer’s Users if a User posts such objectionable Content. As the Company cannot control all content posted by Users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But the Customer acknowledges that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

The Customer agrees to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any third party.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property Rights in the Service

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both Norway and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Customer further acknowledges and agrees that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" Disclaimer

The Service is provided to the Customer "AS IS" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Norway, excluding its conflicts of law rules, shall govern this Terms, the Subscription and Your use of the Service.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

The ordinary courts of Norway, with general jurisdiction in Oslo, Norway are the exclusive legal venue for any legal proceedings relating to the Subscription.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: [email protected]