Terms and Conditions of Use

BY DOWNLOADING AND/OR USING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE APP.

This End User License Agreement (the Agreement) for the MovementPass Mobile App (together with any updates, the App) is a legal agreement between the user (you or your), and MovementPass (us or we). We are a company registered in Norway under company number [  ] and have our registered office address at [  ].

By accessing, downloading, copying or otherwise using the App, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions as well as the privacy policy (Privacy Policy).

If you do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the App. MovementPass will not grant you a licence to use the App unless you agree to the terms of this Agreement.

1. LICENCE

MovementPass is the provider of this App and in consideration of you agreeing to abide by the terms of this Agreement and the Privacy Policy we grant to you a personal, non-exclusive, non-transferable, non-sublicenseable, limited license to download and use the App on a mobile device that you own or control under the terms and conditions set out in this Agreement.

The App is licensed to you, not sold and MovementPass reserves all rights which are not expressly granted in this Agreement.

2. LICENSE RESTRICTIONS

Except as expressly set out in this Agreement or as permitted by any local law you must not: (i) distribute or make this App available over a network where it could be used by multiple devices at the same time; (ii) copy the App; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the App, except as otherwise permitted by law under the terms and conditions set out in this Agreement; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights related to the App to third parties.

3. ACCEPTABLE USE

You must not: (i) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; (ii) infringe our intellectual property rights or those of any third party in relation to your use of the App; (iii) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; (iv) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (v) collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App.

4. OWNERSHIP

All of the content featured or displayed in or through the App (Content) and all intellectual property rights in the App are owned by or licenced to MovementPass. For the avoidance of doubt you have no intellectual property rights in, or to, the App other than the right to use each of them in accordance with the terms of this Agreement.

All Content is subject to MovementPass Terms of Sale and Use (in particular the section relating to Intellectual Property Rights), as may be amended from time to time, a copy of which can be accessed by clicking the following link (Terms of Sale and Use).

5. PRIVACY

In providing the App, MovementPass is committed to protecting (i) the privacy of users; and (ii) the confidentiality of the information provided to it by you using the App.

By using the App, you consent to the use of your information which may be collected by MovementPass, including, for instance your mobile device, your use of this App and the App’s performance in accordance with the Privacy Policy (as amended from time to time) which can be accessed by clicking the following link (Privacy Policy).

You can manage your privacy settings through the App.

6. LOCATION SERVICES

When you download or use apps provided by MovementPass, where applicable, have requested or consented to location services, we may receive information about your location and your mobile device, including a unique identifier for your device.

MovementPass may use this information to provide you with location-based services, such as search results, and other personalised content. You may withdraw this consent at any time by turning off the location services settings on your device.

7. LINK TO THIRD PARTY SITES

The App may contain links to websites operated by third parties (Third Party Websites), these links are provided for your information only. MovementPass does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

8. WARRANTIES

To the maximum extent permitted by applicable law, MovementPass licences the App on an “as is,” basis. MovementPass makes no representations or warranties about the suitability, reliability, timeliness, and accuracy of the App, the operation of the App alone or in conjunction with any device, or the content contained herein.

9. LIMITATION OF LIABILITY

To the extent not prohibited by the law, in no event shall MovementPass, and/or its affiliates, officers, directors, and employees, be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with the use of or inability to use the App, and for any cause of action, including contract, tort (including negligence) or otherwise, even if

MovementPass has been advised of the possibility of such damages.

If any damages arise under this Agreement or for the use of the App and if MovementPass is required to pay for any purpose whatsoever, including without limitation, contract, tort (including negligence) or otherwise, the damages shall be limited to MovementPass.

10. SUSPENSION OR RESTRICTION OF USE

MovementPass reserves the right to suspend, change, interrupt, restrict the use of the App or cease providing the App, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. MovementPass reserves the right to suspend, change, interrupt or restrict the use of the App for technical updates and other maintenance or operational services. MovementPass also reserves the right to suspend or terminate use of the App if (i) you have breached this Agreement, or (ii) MovementPass suspects that you have committed or may be committing fraudulent activity against MovementPass, another organisation or another user of the App. MovementPass reserves the right to withdraw the App at any time without notice.

11. TERMINATION

MovementPass may immediately terminate this Agreement at any time at its sole discretion with or without notice to you.

Your rights under this Agreement will terminate automatically if you fail to comply with any terms and conditions of this Agreement.  Upon termination, all legal rights and licenses granted to you by this Agreement shall terminate immediately and you shall immediately cease all use of the App. You must immediately delete or remove the App from all devices, and immediately destroy all copies of the App.

All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

12. GOVERNING LAW

The Parties shall use all reasonable efforts to resolve any disputes, controversies or differences arising out of or in connection with this Agreement amicably. Any dispute arising out of or in connection with this Agreement, that has not been settled amicably, shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court. This Agreement shall be governed by the laws of Norway.

13. WAIVER

Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

14. SEVERABILITY

If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall be valid and enforceable.

15. TRANSFER

You may not assign this Agreement or any part of it or any rights to use the App, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.

16. AMENDMENT OF THIS AGREEMENT

MovementPass reserves the right to modify or amend this Agreement from time to time without notice. Your continued use of the App following the posting of changes to the Agreement will mean you accept those changes.

From time to time updates to the App may be issued. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

17. CONTACT US

To contact us (including to discuss any complaint) about the App, please email [email protected].