1.1 These General Terms apply generally to the use of all of Tapstorm’s services (the “Service”). Our Service is diverse, so additional service specific terms ("Service Specific Terms") may apply, provided that you are notified about them when you install or use the particular Service.
1.2 The Service is provided by Telenor Business Internet Services AS, Snarøyveien 30, 1331 Fornebu, Norway (“Tapstorm”/"we"). Tapstorm may engage or otherwise cooperate with affiliates, suppliers, partners and other third parties in connection with the Service, and, where applicable, the reference to "Tapstorm" shall also be understood as a reference to such third parties.
1.3 By using the Service you agree to these General Terms, any Service Specific Terms and the Privacy Statement (collectively referred to as "Terms"). Please read them carefully.
2.1 As a general rule, you must be at least 13 years of age to use Tapstorm’s Service. By using the Service, you represent and warrant that you are at least 13 years old.
3. Tapstorm’s Service
3.1 Tapstorm’s Service consists of digital products and/or services distributed over the Internet to businesses for commercial use or to individual consumers for private use. The Services are accessible at space.tapstorm.com (the "Website") and, for certain Services on your own device(s) after you have installed it.
3.2 Parts of the Service may display content that is not Tapstorm's (including User Content). Such content is the sole responsibility of the person or entity that has made it available.
4. Use of the Service
4.1 To use the Service you may need to create an administrator Tapstorm account for business, and a personal Tapstorm account for consumer Services. You may register an account by following the instructions on the Website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters and numbers, and a minimum of 8 characters) to protect the privacy of your account. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address, and Tapstorm reserves the right to verify this at any time. You are not allowed to have more than one account per e-mail address. Tapstorm will not be liable for any loss or damage arising from your failure to comply with the above requirements. Only authorised persons of a business can set up an account on behalf of its own business.
Where possible, you should log out at the completion of each visit, particularly on public or shared devices. If you hand over a device with the Service installed to another individual, you should log out of the Service and/or deactivate the device before doing so. If devices with the Service installed are lost or stolen, you should change the password immediately.
4.2 Your use of the Service requires that you to have hardware, software and an Internet connection fulfilling certain recommended requirements, as may be specified on the Website. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Tapstorm.
4.3. The Service may be used solely for purposes permitted by (a) the Terms and (b) any applicable law, or generally accepted practices or guidelines in the relevant jurisdiction.
4.4 Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.
5. Privacy and Personal Data
5.1 In connection with the provision of the Service, Tapstorm will collect and process personal data about you and your use of the Service. Tapstorm’s Privacy Statement as amended from time to time is available on the Website. By using our Service, you agree that Tapstorm can use your personal data in accordance with our Privacy Statement and as otherwise set out in any applicable Service Specific Terms.
6.1 Tapstorm may send you information about the Service, such as service announcements and administrative messages, by SMS, e-mail or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.
6.2 Tapstorm may send you promotional information by SMS, e-mail or other means of electronic communication. You may opt out of such communication if required by law. When using the Service, you may be exposed to commercial messages and advertisements.
7. User Content and Submissions
7.1 Our Service may allow you to submit, post or display content, such as information, data, text, software, music, sound, photographs, graphics, videos, advertisements, messages or other materials ("User Content"). You are solely responsible for such content. Tapstorm acts as a mere conduit and has no obligation to screen or monitor User Content. However, Tapstorm may review and remove any User Content that, in its sole judgment, violates the Terms, applicable laws, or generally accepted practices or guidelines in the relevant jurisdiction.
7.2 Prohibited User Content under the Terms includes, without limitation, content which:
8. Intellectual Property Rights
8.1. All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Tapstorm. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.
8.2. Except for the limited, personal, non-exclusive, non-transferrable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us or our partners that you access through the Service.
8.3 The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Tapstorm. Nothing in the Terms grants you the right to use any such marks.
8.4 All rights, title to and interest in User Content submitted by you will remain the exclusive property of you and/or your licensors. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.
9.1 You will find answers to the most frequently asked questions about the Service on the http://space.tapstorm.com/faq.php Website. You are always welcome to contact Tapstorm here. Most questions will be answered within 48 hours.
10. Warranties and Disclaimers
10.1 Tapstorm warrants that it will perform in a professional manner in accordance with prevailing industry standards and make its best efforts to keep the Service operational. However, Tapstorm will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Tapstorm will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
10.2 The Service is provided “as is”. You acknowledge that the Service is not error-free. Tapstorm makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service.
11.1 Tapstorm (including, but not limited to, affiliated companies, partners and their contractors, officers, directors and employees) shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. In any event, Tapstorm's total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that causes the liability.
12.1 You agree to indemnify, defend and hold harmless Tapstorm (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws.
12.2 Tapstorm reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Tapstorm in asserting any available defences.
13. Force majeure
13.1 Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labour disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
14.1 You may stop using our Service. You may do so by updating the settings on your personal account on the Website. Unless otherwise stated in your order or any relevant Service Specific Terms, the Service may be terminated by contacting our Customer Service with 30 days' prior notice.
14.2. Tapstorm may also stop providing Service to you, or add limits to your Service. If you act in breach of the Terms or applicable laws, your right to use the Service and access its content will in any event immediately, without notice, terminate without refund of any fees.
15.1 We are constantly changing and improving our Service. We may add or remove functionalities, feature and content, and we may suspend or stop a Service.
15.2 We may also update or otherwise amend the Terms, for instance to reflect changes to the Service or changes to the law. The amendments will not have retroactive effect.
15.3 We will publish any amended Terms on the Website. Material changes will be notified more prominently. The amendments will enter into force when published on the Website or otherwise be communicated to you in an appropriate manner. Your continued use of the Service after such publication or notification is considered as an acceptance of the amended Terms. We encourage you to check the Website regularly. If you not agree to the amendments, you should discontinue your use of the Service.
15.4 You acknowledge that the content or features available when you order parts of the Service might not be available at a later stage. For services or content that you have already purchased, we will notify you at least 30 days prior to any material changes, including price changes.
16.1 You may not assign your personal user account, including your purchase of any part of the Service, to a third party without Tapstorm's prior and express consent.
16.2 Tapstorm is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
17. Partial Invalidity
17.1 If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
18. Language versions
18.1 Any translations of the Terms from English into another language are made solely for your convenience. In the event of discrepancies between different language versions, the English version shall prevail.
19. Choice of Law and Dispute Resolution
19.1 The Terms shall be governed by and interpreted in accordance with Norwegian law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Norwegian courts with the district court of Asker & Bærum, Norway as the legal venue.