CONCLUDE TERMS OF SERVICE – PILOT PROJECT

1. Introduction

Thank you for visiting Conclude and participating in our pilot project. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to have permission to use our Service. This agreement is between Conclude AS, a Norwegian company with registration no. 913 509 161, having its place of business at Oslo Science Park, Gaustadalléen 21, 0349 Oslo, and you as a user of this site (User).

Conclude is a conclusion collaboration software for teams, available through apps and web browsers. This Agreement provides User the access to and usage of a software service as further outlined on the Site.

BY USING THE SERVICE OR CLICKING “I AGREE”, THE USER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF A COMPANY, THEN THE USER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THE COMPANY’S BEHALF.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Conclude” or "We" refers to our company, known as “Conclude AS”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Agreement” refers to these Terms of Service;

“Service” refers to the services that we provide through our Site, Apps, including our Software as a Service and our Site itself;

“Site” refers to our website, concludebot.com;

“User” refers to you who is entering into this Agreement with Conclude, and, if you enter into this Agreement on behalf of a company, that company.

3. General Terms

Service Provided AS IS: The Service is provided for free during this pilot project, and is provided "as is" with no warranty. Conclude will provide User support for the Service, however; Conclude is not committed to any level of service or availability of the Service. A further description of the Service and our user support available at the Site.

Interoperation with Slack: The Service interoperates with Slack.com, and depends on the continuing availability and access to Slack. If for any reason Conclude cannot access or use Slack (including without limitation, change in terms or increase in fees charged by Slack), Conclude may not be able to provide all of the functions of its Service. No refund or credit, if applicable, will be provided for temporary unavailability of any Slack (for example, maintenance windows).

Company Liability: If you enter into this agreement on behalf of a company, you hereby agree that the company is responsible under this Agreement for all actions and omissions conducted by its designated users of the Service.

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

5. Rules of Use

Users of Conclude (i) must keep its passwords secure and confidential; (ii) is solely responsible for User Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Conclude promptly of any such unauthorized access; and (iv) may use the Service only in accordance with Conclude's online user guide and all applicable laws and regulations.

You must not:

6. Intellectual Property Rights

Grant and Reservation of Rights: Conclude hereby grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for its intended purpose. The software, workflow processes, user interface, designs, and other technologies provided by Conclude are the proprietary property of Conclude and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain solely with Conclude. User may not remove or modify any proprietary marking or restrictive legends in the Service. Conclude reserves all rights unless expressly granted in this agreement.

Restrictions: You agree not to copy, distribute, display, disseminate, reverse engineer, or otherwise reproduce any of the information on the Site without receiving our prior written permission. User may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

The Conclude Brand: “Conclude” is a trademark used by us, Conclude AS, to uniquely identify our Site, Service, and business. User agrees not to use this phrase anywhere without our prior written consent, except for the use of and referral to the Service in accordance with this agreement. Additionally, User agrees not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. User agrees that this paragraph may go beyond the governing law on intellectual property rights.

Revocation: Conclude may revoke our consent for your use of our intellectual property, or any other permission granted to User under this Agreement, at any time. User agrees that if we so request, User must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to User.

User Data: All data and files uploaded by User remains the property of User, as between Conclude and User (User Data). User grants Conclude and its contractors the right to use the User Data solely for purposes of performing under this Agreement. As a personal user, you will gain access to the Service because your team or organization has entered into an agreement with Conclude. You agree that your team or organization shall have the right to use your content and treat it as its own, subject to any other agreement you may have with your team or organization related to this.

Aggregated Data: During and after the term of this agreement, Conclude may use non-personally identifiable User Data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.

Privacy: Conclude takes your privacy very serious. Please read our Privacy Policy available at the Site carefully, the provisions therein are incorporated here by reference.

7. Term and termination

This Agreement continues for monthly periods until all orders or the Agreement in itself is terminated by either party. Either party may terminate the agreement with immediate effect. Upon termination, Conclude's liability for refunding (any) payment made by User will be limited to the amount paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case User agrees that we are not required to provide any refund or other compensation whatsoever.

8. Limitation of liability and indemnity

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, DEFECT IN TITLE, NEGLIGENCE, OR ANY OTHER TORT. WITHOUT PREJUDICE TO THE FOREGOING, CONCLUDE IS IN NO EVENT LIABLE FOR INDIRECT LOSS, INCLUDING THE LOSS OF USER DATA, OR LIABLE FOR ANY LOSSES RELATED TO ACTIONS OF OTHER USERS.

Total Liability: Under any circumstances, Conclude’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by User within the 12 month period prior to the event that gave rise to the liability.

Indemnity: If any third-party raise a claim against Conclude that any part of the User Data infringes or violates that party's patent, copyright or other right, User will defend Conclude against that claim at User’s expense and pay all costs, damages, and attorney's fees, that a court finally awards or that are included in a settlement approved by User. Conclude shall under such circumstances notify User in writing of the claim and cooperate with User in the defense and any related settlement.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT UNDER MANDATORY LAW REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

9. Miscellaneous

Applicable Law and Resolution of Disputes: This Agreement shall be governed by the laws in force in the Kingdom of Norway. Any dispute under or in relation to this agreement shall exclusively be settled by arbitration in Oslo by three arbitrators, according to the rules of the Norwegian Arbitration Act (Act. No. 25, 2004). The proceedings (including all written and oral submissions) shall be conducted in the Norwegian language. If mandatory law should prevent that a dispute is resolved by arbitration, the dispute shall exclusively be settled by the courts of Norway, with Oslo District Court as legal venue.

Non-Waiver: Conclude reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment of Rights: User may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Survival of Terms: Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive.

Amendments: We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and e-mail you to inform you that there has been an amendment. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at support@concludebot.com so that we may disable your account.

Last Modified: October 28th, 2015