Terms and conditions

1. Introduction

This Sonya End-User Service and License Agreement (“EULA” or “agreement”) regulates your use of the Sonya Enterprise Mobility suite of apps and any related services (collectively, “Sonya”) provided or facilitated by Apps AS of Norway (“Apps” or “we”). You are a natural person, employee or authorized representative of an organization (“you”).

The EULA applies to you as a customer and any person you give access to Sonya.

Certain features of the Sonya Enterprise Suite may be subject to additional guidelines, terms, or rules, which will be posted on the Sonya Enterprise Suite website in connection with such features. All such additional guidelines, terms, or rules, and the Sonya Privacy Policy, are hereby incorporated by reference into the agreement.

2. Intended use

Sonya is intended to be accessed and used for non-critical information.

While Apps aims for Sonya to be highly reliable and available at all times, the service is not intended to be available 100% of the time. Sonya will be subject to sporadic interruptions and failures for a variety of reasons, also reasons beyond Apps’ control, including service provider uptime and mobile network disruptions. You acknowledge these limitations and agree that Apps is not responsible for any damage or loss caused by the failure of Sonya to operate at all times.

The cloud-based features of Sonya are currently operated on Amazon Web Services (AWS). Thus, we do not warrant any specific operating time for the cloud-based service. We may change our cloud service provider or any other element in Sonya without advance or additional notice to you.

3. Standards, versions and distribution

3.1 Internet solution – web interface

Any part of Sonya that is made available through a web-based interface is made to work with modern versions of the major Internet browsers. Apps cannot guarantee that older versions of web browsers or all browsers are supported or will function.

3.2 Operating system versions – app interface

The Sonya apps are developed to operate on the latest main version of the operating system of the device on which the app is meant to operate. Backwards compatibility may be provided, at Apps’ discretion. Apps does not warrant for universal compatibility.

3.3 Distribution system terms

The Sonya apps are made available to users through Apple’s App Store, Google Play and similar distribution systems. Any terms set by the distribution system applies to you as a user.

4. Accounts

4.1 Account use

To use Sonya, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You are obliged to ensure that:

  1. all required registration information submitted is truthful and accurate;
  2. the information submitted will be maintained accurate; and
  3. that your use of Sonya does not violate any applicable law or regulation, or terms herein, including those stated in section 5.3 (user restrictions).

4.2 Confidentiality

You are entirely responsible for maintaining the confidentiality of Account login information and for all activities that occur by use of the relevant Account.

You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the Account, and to keep your password private to prevent others from gaining access without your permission.

4.3 Notification

You agree to immediately notify Apps of any unauthorized use, or suspected unauthorized use, of the Account or any other breach of security.

Apps is not liable for any loss or damage arising from your failure to comply with the above requirements.

5. Access and license to Sonya

5.1 Access to and use of Sonya

Subject to this EULA, Apps grants you a non-transferable, non-exclusive, license to access and use Sonya in connection with, and solely for the intended purpose of Sonya.

Apps may allow access free of charge for a limited period of time. See section 6.1. If you upon the end of such period do not choose to continue the use of Sonya as a paying customer, or if you fail to pay for a new period of access, your access to Sonya will be blocked.

You can regain access to your Sonya content by purchasing a new license. If you fail to pay, your user account and accompanying data will be deleted after three years.

Any organization taking Sonya into use acknowledges that Sonya and its licenses may only be offered to internal users (end-users), and may not be resold to other service providers or making Sonya available to external end users.

5.2 Automatic software updates

Apps may from time to time provide patches, bug fixes, updates, upgrades and other modifications to improve the performance of Sonya (“Updates”). These Updates may be automatically installed without providing any additional notice. You consent to this automatic update. If you do not want such Updates, you shall terminate the Account and stop using Sonya.

You acknowledge that it may be required to install Updates to use Sonya. You agree to promptly install any Updates Apps provides.

5.3 User restrictions

The rights granted to you under this EULA are subject to the following restrictions.

You agree not to:

  1. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Sonya;
  2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of Sonya;
  3. access Sonya in order to build a similar or competing service;
  4. copy, reproduce, distribute, download, display, post, or transmit Sonya (hereunder software) in any form or by any means except as expressly stated in the agreement;
  5. upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, Sonya, or any other system, device or property;
  6. interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to Sonya or violate the regulations, policies, or procedures of such networks;
  7. access (or attempt to access) any of Sonya by means other than through the interfaces that are provided by Apps; nor
  8. remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with Sonya.

Any future release, update, or other addition to functionality of Sonya shall be subject to this EULA.

5.4 Compliant use

You warrant that you will not contribute any content or otherwise use Sonya in a manner that:

  1. infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  2. violates any law, statute, ordinance or regulation;
  3. is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or likewise objectionable; or
  4. jeopardizes the security of the any Account (such as allowing someone else to log in to Sonya as you) or Sonya.

5.5 Open Source Software

Certain software code may be included in Sonya that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

6. Payment

6.1 Free trial period

You have a 30-day trial period free of charge and free of commitment. We will not require you to register any payment information in your trial period.

At the expiration of your trial period, your account will be blocked unless you have purchased a license as described below.

6.2 Payment methods

6.2.1 General

When your trial period has expired, you will need to purchase a license to continue using Sonya. One of the below payment methods applies.

6.2.2 Google Play and App Store

If you have purchased access to Sonya through Google Play or Apple’s App Store, the payment system provided by the system in question (normally a registered credit card) will be charged.

Payment and credit cards related to such distribution systems will be charged at the start of the month to which the payment relates (in advance).

For purchase through Google Play, renewal of your Sonya access happens automatically each month after your purchase, until you terminate it.

For purchase through Apple’s App Store, you can pay in advance for one month, one year or other available time increment at the time.

After the end of your purchased period, you will have to pay for a new period to regain access to Sonya.

6.2.3 Purchase directly from Apps

Access purchased directly from the website of Apps will be sold in pre-defined packages. See our website for details.

Payment will take place by use of credit or payment cards, if invoice is not specifically agreed to. Payment by use of credit or payment card is to take place in advance each month, with automatically renewal until terminated.

If payment by way of invoice is agreed to, payment will take place in advance once a calendar quarter.

6.3 Due time and VAT

Payment is to be made by you including applicable value added taxes or other duties, within 21 days of the invoice date, if not otherwise stipulated in the agreement.

6.4 Overdue payments

Overdue payments are added 1% of the invoice amount per commenced month, compounded quarterly, until payment is made. Upon 30 days delay of payment, Apps may suspend access to Sonya for you and any users you have granted access, and/or cancel the agreement. Cancelation or suspension of access can take place only provided that you have received at least one written payment reminder and a written notification about the possible cancellation or suspension, with at least 14-day notice.

6.5 Retention

You are not entitled to withhold, retain or set off any payments unless your claim is either uncontested or subject to a final and binding court decision. Any withholding tax or taxes with similar effect is to be compensated by you.

7. Agreed usage and limitations

7.1 Reliability of notifications

You acknowledge that Sonya is not intended to be 100% reliable nor 100% available. Apps does not guarantee that you will receive notifications in any given time or at all.

7.2 Ownership to information

All information publicly posted or privately transmitted through Sonya is the sole responsibility of the person from which such information originated. No ownership to such data is transferred to Apps by the agreement. However, Apps may use information transmitted through Sonya for error search and improving and operating the service.

8. Data protection

8.1 General

Apps will comply with Norwegian data protection regulation. Such regulation is in accordance with EU data protection regulation, and will give you a high degree of protection for your privacy.

Apps cares about the integrity and security of your personal information. However, Apps cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In this regards, you acknowledge that you provide your personal information at your own risk.

8.2 Privacy policy

Please review our privacy policy, which describes what information is collected and how such information is processed.

8.3 Access and use

Apps will not access or use personal data, except as necessary to provide any Sonya service you initiate and to improve Sonya.

8.4 Disclosure

Apps will not disclose any personal data to any government, except as necessary to comply with the law or a valid and binding order of a law enforcement agency.

8.5 Apps personnel

Apps restricts its personnel from processing user data without authorization by Apps as described in the Sonya Privacy Policy. Apps will impose appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.

8.6 User control over data

Sonya provides you with the controls to retrieve, correct or delete user data in an active account, as described in the documentation of the service.

8.7 User consent

Apps aims at processing your data primarily within the EU and the European Economic Area (collectively, “EEA”). However, the cloud operator may move data and there may be particular services that require transfer of personal data out of the EEA. Such transfer is to take place in accordance with the Apps privacy policy. By taking Sonya into use, you grant Apps your consent to such international transfer of data.

Sonya may also be integrated with third party services in order to offer an enhanced service to you. If you take such services into use, you hereby consent to the transfer of personal and other data to such third party services provider.

You do also consent to receiving marketing materials, offers and other communications from Apps, related to services provided by Apps.

9. Third party performances

9.1 General

Sonya relies on or interoperates with third party products. These third party products are beyond Apps’ control, but their operation may affect or be affected by the use and reliability of Sonya. You agree that:

  1. the use and availability of Sonya is dependent on third party products and service providers;
  2. these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that Sonya operates; and
  3. Apps is not responsible for damage and loss due to the operation of these third party products and Sonya.

9.2 Third party services

You acknowledge that the availability of Sonya is dependent on various third party services. You acknowledge that you are responsible for all fees charged by your Internet service provider and mobile carrier in connection with use of Sonya.

Any use of third party services made accessible through Sonya shall take place in accordance with the applicable third party terms. Apps makes no representation or warranty about the reliability or safety of any such third party service.

10. Liability

10.1 General liability

The parties are liable for any loss or damage due to negligence by either party, or any party that it instructs or represents.

You are aware that software based services, such as Sonya, are complex and will not be free of errors. For this reason, Apps is not liable for any loss or damage with you caused by errors in Sonya, unless dictated by mandatory law.

Any use of Sonya takes place subject to the agreement and any instructions from Apps.

10.2 Limitation of liability

The parties are not liable for any indirect, special, incidental or other consequential loss or damage that may arise under the performance of the agreement, hereunder for loss of profit, business, revenue, goodwill, data or anticipated savings.

To the extent any loss or damage was caused by negligence, the liability of the parties is in any event limited to one half of the amount paid by you during the preceding 12 month period. However, this shall not affect the limitation of liability stipulated in section 10.1 paragraph two related to errors.

Both parties are obliged to limit the extent of any damage by relevant preventive measures. We do for example encourage you to keep paper copies of receipts, and other vouchers until such have been recorded in the relevant accounting system.

11. Term and termination

11.1 Term

The agreement will remain effective as stipulated below:

Ordered and paid for through:

Duration:

Google Play

Until you terminate the automatic charge and the current pre-paid period has expired.

Apples App Store

Until the end of the pre-paid period that is not extended by you.

Directly from Apps, by use of the website of Apps

Until you terminate the automatic charge and the current pre-paid period has expired.

Directly from Apps by use of invoice

At the end of the current agreed period, if terminated three months before the expiration of such period (i.e. automatic renewal).

11.2 Cancellation

Either party may cancel the agreement with immediate effect and seek damages if:

a) one party is in material breach of the agreement;

b) one party use any part of the intellectual property rights of the other party in breach of the terms of the agreement or any relevant license; or

c) one party is in breach of any other of its obligations under the agreement, and fails to remedy the breach within 30 days from a notice of breach has been issued by the other party.

11.3 Notifications

Any termination or cancellation of agreements bases on invoice (see section 6.2.3 and 11.1) must be communicated to the other party in writing and sent by registered mail, e-mail or another satisfactory manner that confirms the receipt of the notice by authorized personnel. Terminations and/or cancellations shall be accompanied by the relevant written information on the basis for the cancellation.

12. Force majeure

The parties shall not be liable for any loss or damage due to reason of force majeure. Force majeure shall be deemed to include circumstances beyond the control of the party, such as statutory restraints, decisions by a court of law or a governmental agency, perils of the sea or air; fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, shortage of supplies, equipment, materials, breakdown of equipment and labor disputes.

13. Disputes, governing law and legal venue

13.1 Amicable negotiations

The parties will attempt to resolve any disputes, controversies or claims (collectively “dispute”) arising out of or relating to the agreement through amicable negotiations. Such negotiations shall start no later than 15 days after either party requested negotiations.

13.2 Courts or mediation

If the parties are unable to reach a negotiated solution, the dispute will be referred to Oslo City Court as mandatory legal venue. However, if you are located in a country that does not have a bilateral or multilateral ruling enforcement treaty with Norway, any dispute arising out of the agreement, shall be finally settled by arbitration pursuant to the rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.

The legal venue shall be in Oslo, Norway. The arbitrator – of which there will be only one – will be bound by the provisions of the agreement and base the award on Norwegian law and judicial precedent.

The parties agree that the arbitrator will have the power to decide all matters, including arbitrability, and to award any remedies, including attorneys’ fees, costs and equitable relief, available under applicable law. Either party may enforce any judgment rendered by the arbitrator in any court of competent jurisdiction. The parties further agree and acknowledge that arbitration will be the sole and final remedy for any dispute between the parties.

All proceedings and documents will remain strictly confidential.

In no event will the United Nations Convention on Contracts for the International Sale of Goods apply to, or govern, the agreement.

Norwegian law shall in any event apply.