Terms of Service

1. Acceptance and eligibility

These Terms of Service ("Terms") form a binding agreement between you and SAMMES AS, a Norwegian private limited company with organisation number 938 141 657, registered at Øvrehusvegen 37E, 4054 Tjelta, Norway ("Sammes", "we", "us" or "our"). By downloading, installing, accessing or using any of the mobile applications Connect, Intel or Social (each an "App" and together the "Apps"), or by creating an account, you confirm that you have read and accept these Terms.

If you do not accept these Terms, you must not install or use the Apps. These Terms apply in addition to the terms of the app store or platform from which you obtained an App, and to any product-specific terms we show you inside an App at the point of use.

To use the Apps you must be at least 18 years old, or the age of legal majority in your country of residence, and legally able to enter into a binding contract. If you are below that age, you may use the Apps only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

Social, our app that includes user profiles and user-generated content, has an absolute minimum age of 13. If you are at least 13 but below the age of legal majority where you live, you may use Social only with verifiable consent from a parent or legal guardian. Connect and Intel are intended for adults, and we do not direct them at children.

You are responsible for ensuring that your use of the Apps complies with the laws that apply to you. Some features may not be available in every country.

2. The agreement is between you and Sammes only

These Terms are concluded between you and Sammes, and not with Apple Inc. or any of its subsidiaries ("Apple"). Sammes, and not Apple, is solely responsible for the Apps and for their content.

The licence granted in section 3 is limited to use on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. If you obtained an App through a store operated by a party other than Apple, the equivalent rules of that store apply instead.

3. Licence grant and scope

Subject to your compliance with these Terms, Sammes grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use each App on Apple-branded devices that you own or control, in each case for your own private or internal business use and strictly in accordance with these Terms and the applicable app store rules.

You receive a licence only. You do not acquire any ownership interest in an App, in the Sammes platform, or in any related intellectual property. All rights not expressly granted in these Terms are reserved by Sammes and its licensors.

4. Licence restrictions

Except to the extent that a restriction is prohibited by applicable law, you must not:

• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying structure or algorithms of an App or the platform;
• copy, modify, translate, adapt or create derivative works of an App or any part of it;
• distribute, sublicense, lease, rent, lend, sell, resell or otherwise make an App available to any third party, including by uploading it to a file-sharing service or an alternative app store;
• remove, obscure or alter any copyright, trademark or other proprietary notice;
• use an App for any unlawful purpose or in breach of these Terms, our Acceptable Use Policy or our Community and UGC Policy;
• use an App to develop a competing product or service, or to benchmark it for a competing product without our written consent.

5. Accounts, security and accurate information

Some features require an account. You must provide information that is accurate, current and complete, and you must keep it up to date. You may not impersonate another person or organisation, or use a name you are not entitled to use.

You are responsible for maintaining the confidentiality of your credentials and for all activity that takes place under your account. You must not share your account or credentials with anyone else, and you must not sell, transfer or make your account available to a third party. Notify us promptly at [email protected] if you believe your account has been accessed without your authorisation.

We may suspend or terminate an account that we reasonably believe is being used in breach of these Terms, that presents a security risk, or that has been created with false information.

6. Subscriptions, in-app purchases and payment

Digital purchases made through an App, including subscriptions and in-app purchases, are processed by Apple and are governed by Apple's Media Services Terms and Conditions. Sammes does not process your payment card and does not receive your full payment details.

Subscriptions renew automatically for the period you selected until you cancel them. You can manage or cancel a subscription at any time in your Apple ID account settings. Cancellation takes effect at the end of the then-current billing period.

Refunds for digital purchases are handled by Apple in accordance with Apple's policies. Sammes cannot issue refunds for purchases made through the App Store. If you believe you are entitled to a refund, you must request it from Apple. Nothing in this section affects any statutory rights you may have as a consumer in your country of residence that cannot be waived.

7. Apple-required minimum terms

1. Acknowledgment. These Terms are concluded between you and Sammes only, and not with Apple. Sammes, not Apple, is solely responsible for the App and its content.
2. Scope of licence. The licence to use the App is granted to you for use on Apple-branded devices that you own or control, and is limited to the extent permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
3. Maintenance and support. Sammes is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
4. Warranty. Sammes is solely responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Sammes' sole responsibility.
5. Product claims. Sammes, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Sammes, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
7. Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
8. Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

8. Your content and the licence you give us

This section applies to Social, and to any other feature that allows you to upload, post or share content. You retain ownership of the content you create. We do not claim ownership of your content.

To operate and provide the Apps, you grant Sammes a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, cache, reproduce, adapt (for example, to resize or format), publish, display, distribute and otherwise use the content you submit, in each case only to the extent necessary to operate, provide, secure, develop and improve the Apps, and to enforce these Terms and our policies. This licence ends when you delete your content or account, except where content has been shared with others who have not deleted it, and except for the limited period needed to remove it from backups and caches.

You represent and warrant that you own or control all rights in the content you submit, that it does not infringe the rights of any third party, and that it complies with these Terms, our Community and UGC Policy and applicable law. You are solely responsible for the content you submit.

9. Acceptable use

Your use of the Apps must comply with our Acceptable Use Policy, which sets out prohibited conduct and the action we may take, and, where you use Social, with our Community and UGC Policy. The Acceptable Use Policy forms part of these Terms.

10. Intellectual property and trademarks

The Apps, the Sammes platform, all software, designs, text, graphics, data models and other materials made available by Sammes, and all related intellectual property rights, are owned by Sammes or its licensors and are protected by Norwegian and international law.

"Sammes", "Connect", "Intel" and "Social", together with the Sammes logo and product marks, are trademarks of Sammes. You may not use them without our prior written permission, except for truthful, descriptive references that do not suggest sponsorship or endorsement. All other trademarks are the property of their respective owners.

If you send us feedback or suggestions, you grant us a perpetual, worldwide, royalty-free licence to use them without restriction or compensation to you.

11. Availability, changes to the service and termination

We work to keep the Apps available, but we do not guarantee uninterrupted or error-free operation. Features may depend on third-party services, network coverage and your device, and may be changed, limited or withdrawn, including for security, legal or operational reasons.

We may update, modify, suspend or discontinue all or part of an App. Where a change materially reduces the core functionality you have paid for, we will give you reasonable notice and, where required by law, a remedy.

You may stop using the Apps at any time and may delete your account as described in our account deletion page. We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we discontinue an App. Sections that by their nature should survive termination, including sections 4, 8, 10, 12, 13, 14 and 15, will continue to apply.

12. Disclaimers

To the maximum extent permitted by applicable law, the Apps are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

Insights, recommendations, alerts and other output produced by Intel are generated from data available to the platform and are provided for information only. They are not professional, medical, legal, financial or safety advice, and you remain responsible for any decision you take or action you perform, including in relation to any connected device.

Nothing in these Terms excludes or limits any warranty or right that you have as a consumer under mandatory law in your country of residence, including the Norwegian Consumer Purchase Act (forbrukerkjøpsloven) where it applies.

13. Limitation of liability

To the maximum extent permitted by applicable law, Sammes is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of or inability to use the Apps, even if we have been advised of the possibility of such loss.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms or the Apps is limited to the greater of (a) the amount you paid to Sammes for the relevant App in the twelve months preceding the event giving rise to the claim, or (b) NOK 1,000.

Nothing in these Terms limits or excludes our liability for fraud, for wilful misconduct or gross negligence, for death or personal injury caused by our negligence, or for any other liability that cannot be limited or excluded under applicable law. If you are a consumer, your mandatory rights under the law of your country of residence are not affected, and the limitations in this section apply only to the extent permitted by that law.

14. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless Sammes, its directors, employees and agents against any claims, losses, liabilities, damages, costs and reasonable expenses (including legal fees) arising out of or in connection with your breach of these Terms, your misuse of the Apps, or content you submit, including any claim that your content infringes the rights of a third party.

This section does not apply to the extent that a claim arises from our own breach, negligence or misconduct, and it does not apply to consumers to the extent that an indemnity of this kind is not permitted by mandatory law.

15. Governing law, venue and dispute resolution

These Terms are governed by the laws of Norway, without regard to its conflict-of-law rules. The parties agree that the courts of Norway have jurisdiction, and that the venue for any dispute that cannot be resolved amicably is Stavanger tingrett (Stavanger District Court), unless mandatory law provides otherwise.

If you are a consumer resident in the European Economic Area, you retain the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. Nothing in this section prevents you from using any out-of-court dispute resolution scheme available to you, including the Norwegian Consumer Council's complaint services where applicable.

Before starting formal proceedings, we ask that you contact us at [email protected] so that we can try to resolve the matter directly.

16. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in the Apps, in the law or in our practices. When we make material changes, we will notify you in the App or by email before the changes take effect, and we will update the effective date and version number at the top of this page.

If you do not agree to the updated Terms, you may stop using the Apps and delete your account. Your continued use of an App after the changes take effect means you accept the updated Terms.

17. Contact

Questions about these Terms, and notices to Sammes, may be sent to:

• General enquiries: [email protected]
• Support: [email protected], or see our support page
• Data protection: [email protected], or see our privacy policy
• Security: [email protected], or see our security page

Postal address: SAMMES AS, Øvrehusvegen 37E, 4054 Tjelta, Norway. Organisation number 938 141 657.