"The Service" The Service is developed by Fremby for the purposes of letting individuals and organizations connect to and make use of data, such as telemetry data from their earth moving machines. The Service is made available through a web-based application, application programming interfaces (APIs) and mobile application to be installed on compatible devices. Additional and updated information about the Service (including technical specifications, compatibility requirements etc.) can be found at www.fremby.no and https://proapi.fremby.no. By signing up to the Service, you have accepted to be bound by the following terms and conditions (included appendices and referenced documents) governing the roles and responsibilities for us, as your service provider and data processor, and you, as the user of the Service and the end-users that you grant access to pursuant to the terms set out herein: ‍ 1. SCOPE OF SERVICE 1.1 On the terms and conditions set out herein, we will perform the following services for our users: a) Grant you a non-exclusive access to the use of the Service for the specific number of users for the term of the Agreement. You are not allowed to grant any other persons or entities access to the Service beyond the scope of Agreement as set out in the order form and remain responsible for keeping all passwords and login data confidential. b) Host and manage your data and content associated with the Service. c) Assist our users with issues and questions related to the use of the Service, as well as provide support in the event of interruptions or malfunctions to the Service. d) Provide updates and improvements of the Service for the benefit of our users during the term of the Agreement. 1.2 If the Service is provided on a trial basis, certain terms apply and are presented in the web interface of the Service (“Terms for Trial Use”). 1.3 Further, we will from time to time offer our users the chance to use and participate in testing of services prior to their commercial release (“Beta Service”). For use of Beta Service specific terms apply, ref section 7 below. ‍ 2. ABOUT THE SERVICE 2.1 Fremby Insight and ProAPI for Microsoft Power BI and Power Flow Basic Service You will, for the term of the Agreement, be granted a non-exclusive access to the Service with the technical and functional features as described in the Service Description and documentation found at www.fremby.no and proapi.fremby.no. 2.2 Changes, amendments and discontinuation of serviceWe reserve the right to make changes and amendments to the service throughout the term in order to improve and enhance the service experience. We will notify you before implementing any major changes. Further, we also reserve the right to discontinue the service if this, for any reason, would be deemed necessary. We will notify all our users in the event of a discontinuation of service allowing you reasonable time to manage any content and data you have uploaded or otherwise associated with the service. ‍ 3. HOSTING AND CONTENT MANAGEMENT 3.1 We will, as a part of providing the Service, be responsible for storage and management of data and content uploaded by you for the full term of the Agreement. 3.2 You remain solely responsible for the content uploaded to the Service. This also includes compliance with privacy issues, copyright and trademark issues etc., and we shall be held harmless for any breach of such third party rights that result in loss or cost for us. 3.3 We undertake to maintain a backup of your data and content and for an orderly and timely recovery of such data in the event that the Service may be interrupted. However, we cannot guarantee that it would be possible to backup data in the event of a disruption of service and we cannot be held financially liable for any loss or costs associated with loss of data. ‍ 4. CUSTOMER SUPPORT We will during business hours (0800-1600 CET) provide support (via live-chat/ e-mail) for inquiries relating to the use of the Service. We will in a timely manner respond to such inquiries. ‍ 5. UPDATES, UPGRADES We will strive to update and improve the Service during the term of the Agreement for the benefit of our users. Updates may be provided to through service update at our sole discretion if and when updates are available. ‍ 6. FEES AND PAYMENT The applicable fee structure for the Service provided is listed in Appendix 1. The fee is excluded sales tax or similar applicable for sales in your jurisdiction. The fee includes all Service outlined in section 2 unless otherwise agreed separately, which typically apply for any additional services requested by the you and identified herein as payable services. ‍ 7. SPECIFIC TERMS APPLICABLE FOR BETA-SERVICES 7.1 Beta Services are intended for evaluation and testing purposes and are subject to following additional terms: a) we grant you a limited right to use the Beta Services for Beta Testing purposes during the applicable testing period; b) you agree to provide suggestions, comments, or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements (the “Beta Feedback”). You hereby assign to us all right, title and interest in and to the Beta Feedback. c) we reserve the right to modify the Beta Service or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination; d) you acknowledge that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering, and may be substantially modified prior to commercial availability, or withdrawn. We are under no obligation to provide technical support with regards to the Beta Services, and we provide no assurance that any specific errors or performance issues in the Beta Services will be corrected; and e) the Beta Services are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services is at your sole risk. In no event will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Beta Services. ‍ 8. CODE OF CONDUCT FOR FORUMS AND COMMUNITIES 8.1 If and to the extent forums and communities are made available as a part of the Service, it is critical that all users comply with a general code of conduct to make these forums remain useful and enjoyable for all users. 8.2 We will not tolerate any users creating threads or posts that intimidate, bully or insult other people. Online harassment and griefing such as trolling, flaming, thread assassination, quote hacking, browser bombing, and impersonation is also prohibited. 8.3 In the event that any breach of the foregoing is brought to our attention, this could result in immediate termination of the Service and your access to our forums and communities. ‍ 9. TERM AND TERMINATION 9.1 This Agreement enters into force on the date of your first use of the Service and remains in force until terminated. 9.2 You are free to terminate the Agreement and the use of the Service at your convenience with 3 months written notice. During the termination period, the normal fees apply and fees previously paid are non-refundable. 9.3 We reserve the right to terminate this Agreement and your right of use of the Service in the event of a material breach of any of the obligations you have undertaken in this Agreement. 9.4 Upon termination of the Agreement for whichever reason, you will have the opportunity to download all data and content associated with the Service and the material will be permanently deleted from the Service. Further, the access rights for the Service will be terminated accordingly. ‍ 10. OWNERSHIP TO INTELLECTUAL PROPERTY IN AND RELATED TO THE SERVICE 10.1 We retain all ownership and intellectual property rights in and to the Service, hereunder its trademarks, design and visual presentations as well as various software elements and solutions. 10.2 Your rights to the Service are granted for your own use and you cannot sell, assign or otherwise use the Service for the benefit of third parties unless otherwise agreed with us. ‍ 11. OWNERSHIP TO DATA AND CONTENT You retain all rights and ownership to all data and content generated by you and hosted through the Service. We will not use or disseminate such data and content for any other purpose than providing the Service on the terms set out herein. ‍ 12. PRIVACY AND NON-DISCLOSURE 12.1 We will take all reasonable steps to ensure the integrity and security of any personal data and information hosted on the Service in accordance with applicable law and regulation. All roles, responsibilities and management of privacy issues are governed under the Data Processor Agreement that serves as an integral part of these terms and that you can find here: www.fremby.no. 12.2 We will not disclose or grant third parties access to any such personal data for any purpose, and will not itself use such data for any other purpose, commercially or otherwise, than what is required to provide the Service hereunder. However, we will aggregate anonymous statistics and pattern analysis of use and content and is free to use the results of such statistics for commercial purposes. 12.3 We have established a privacy policy for all end users signing up for use of the Service, ref Access and use of the Service requires that the end users actively accept these terms, wherein the users will be asked to accept that certain information that is reported/communicated directly to emergency services etc. through use of the service can be access and processed by such services. ‍ 13. WARRANTIES AND INDEMNIFICATION 13.1 We will do our best to ensure that you will have access to the Service consistent with the technical and functional specifications provided, but give no warranties with respect to its merchantability or fitness for any particular purpose. 13.2 As the sole remedy in the event of a defect or nonconformity we will – upon having received a notification of non-conformity - use reasonable efforts to remedy the defect(s) to ensure the uninterrupted operations of the Service. 13.3 However, we cannot guarantee that the Service will be performed error-free or uninterrupted or that we will be able to remedy errors or defects that occur in the Service. You accept and acknowledge that we do not control transfer of data over communication facilities and that the Service may be subject to limitations, delays and other problems inherent to the use of such communication services. Further, in the event of unforeseen storage and access volumes and other extraordinary circumstances, the Service could be temporarily inaccessible or interrupted. We are not in any event responsible for delays, delivery failures or any other loss or damage related to such problems or that could incur through the use of the Service. 14. GENERAL 14.1 This Agreement is governed by the laws of Norway and any and all disputes related to Agreement are subject to the exclusive jurisdiction of Oslo tingrett (district court).