Terms

Terms and Conditions

Effective date: 22.11.2020

Introduction

Welcome to dealbuilder.io, a website of DealBuilder AS, a company established in Norway, registration number 926 077 139, with its business address at Voksenkollveien 126a 0790 Oslo, Norway (hereafter “DealBuilder”, “we,” “our” or “us”). These Terms and Conditions (hereafter the “Terms”) regulate your access to and use of the our website, service and and products available (collectively, the “Services”). Please carefully read our Terms, as by using the Services you agree to be bound by obligations contained herein. The Terms  constitute a legally binding agreement between you and DealBuilder.

Our Privacy Policy is also an integral part of our agreement and governs certain aspects of your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Services.

If you do not agree with (or are not able to comply with) rules and/or covenants contained herein, then you may not use our Services. Please note that these Terms apply to all our visitors and users who wish to access or use Services.

Thank you for being responsible.

Account creation

You are required to create an account (an “Account”), to be able to access and/or use our Services. During the process of creating your Account, we will ask you to (a) confirm your consent to our Terms, (b) share your information for contact purposes, and (c) submit any other form of authentication required during the registration process that may be determined by us at our sole discretion. Any information you share with us during the registration process, must be and complete, accurate, and keep updated by you in a timely manner.

When you create an account with us, you represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Services.

Please note that you are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. If you become aware of any breach of security or unauthorized use of your account, it is your obligation to notify us immediately of such a fact.

In your username, you are prohibited to use the name of another person or entity or that is not lawfully available for use, a name or trademark that is not owned by you without appropriate authorization. Any offensive, vulgar or obscene usernames are strictly prohibited as well. If you do otherwise, you will be solely liable for any loss or damage arising out of any misrepresentations you make in this regard.

In order to create an account, you must be a human. We do not authorize the creation of accounts by using “bots” or other automated methods.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You can delete the account at any time. Please note that this will result in the deletion of all your data and information stored on our servers, and we will not be liable for such loss of data. In such a case, you will not be entitled to reimburse any expenses amended before the cancellation of registration. 

If your Account has been deleted or suspended from the Services, you are not permitted to create a new Account and/or use the Services unless we invite you to do so.

Availability

Please take into consideration that DealBuilder regularly updates its Services, hence, the Services may be unavailable. Therefore, you hereby acknowledge and agree that such interruptions to the Services and/or use of and/or access to your Account may arise from time to time due to circumstances whether within or outside of our control.

Also, we may experience delays in updating information on the Services and in our advertising on other websites. Due to specified reasons, any such offer of Services on other websites does not constitute a legal offer. 

We do not guarantee the accuracy or completeness of any information, including specifications, prices and availability of Services. Without prior notice, we can change or update information and to correct inaccuracies, omissions or errors at any time.

It is your sole responsibility to check and ensure that your use of the Services is not prohibited by any local laws, rules, and regulations which apply to you.

DealBuilder does not guarantee that any content will be made available on the Services.  Due to the mentioned reason, DealBuilder reserves the right, in our sole discretion at any time, to remove, edit and/or modify any content without notice to you and without explanations of its reasons to you.

Permitted use Services

DealBuilder grants to you a personal, non-exclusive, non-transferable, limited, revocable right to use and/or access the Services. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, and/or re-sell any content, software, or services obtained from and/or through the Services without our express prior written permission. You understand and agree that (a) nothing in these Terms constitutes a transfer of any rights, title and/or interest in any intellectual property rights related to the Services; (b) you are not entitled to any rights related to the Services which are not expressly provided herein.

Prohibited use

You are prohibited to:

• reverse compile, reverse engineer, modify, disassemble,  or make derivative works of any part of the Services;
• license, sublicense, sell, rent, lease, transfer,  distribute, assign, host,  or otherwise commercially exploit our Services;
• make inappropriate use of the support service or send untruthful reports to members of our personnel;
• use our images, texts, page layout, and/or forms without our prior written permission;
• falsely claim an endorsement in connection with the Services or with DealBuilder;
• falsely claim to be an employee or representative of DealBuilder or its partners and/or agents;
• use our name and/or trademarks without our prior written permission;
• transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services, and/or organize, participate in or be involved in any way in an attack on DealBuilder’s servers and/or the Services and/or those of its service providers and partners;
• except for the User Content, use any software, devices, or other processes to copy and/or download data from any pages contained in the Services; 
• use and/or access the Services in order to build a similar and/or competitive website, product, and/or service;
• create, use, share and/or publish by any means in relation to the Services any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act;
• copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the Services in any form and/or by any means; 
• destroy or remove copyright notices or other proprietary markings contained on and/or in the Services;
• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
• use our Services for any unlawful purpose.

Intellectual property rights

The Services and its features, functionality, and original content are and will remain the exclusive property of DealBuilder and its licensors. Our Service, trademark, and copyrights are protected by laws on the intellectual property of Norway and international treaties. We do not allow and strictly prohibit any usage of our original content, trademarks, trade dress, and other our intellectual property in connection with any product or service without our prior written consent.

You permit us to reference you as our client, and for that reason, you grant us a royalty-free license to display your trademark or logo on our website.

Subscriptions

Our Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). We offer annual and monthly Subscriptions with automatic renewal.

Unless you cancel your Subscription or we cancel it, it will automatically renew at the end of each Billing Cycle. The renewal of your Subscription can be canceled by providing prior written 60 days notice that must be sent via email to post@dealbuilder.io .

In order to purchase a Subscription, you must provide us with a valid payment method, such as a debit/credit card. For billing purposes, you will be required to provide us with accurate and complete information about full name, business name, business address, business organization number, business postcode code, business telephone number and valid payment method information. Please note, when you submit such information for performing payments, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments which you provided to us.

If for any reason automatic billing fails to occur, we will notify you that you must, within a certain deadline date, complete a payment manually. Detailed information about it will be provided in a proper notification. DealBuilder shall not be obligated to provide any and/or all of the Services until the Subscription is paid in full. Accounts that have been terminated due to charge fails may be reactivated only if payment for the Subscription is successfully processed.

Purchases

When you decide to purchase the Subscription to our Service or any product available on the website (“Purchase”), you will be required to provide us with your personal and financial information for conducting the Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You will be charged in NOK – Norwegian Krone paid or in local currency with local applicable taxes (excluding VAT) if that currency is provided in the service. VAT will be added on top of the price displayed on the website page. All fees due and payable by you to DealBuilder for the Subscription must be paid in full.

Also, you may be charged additional local charges applicable for using some parts of our Services. The list of such additional charges that may apply to you is displayed on our website. Such additional charges will be paid to us by you on a monthly, quarterly, half yearly or on an annual basis. After the services are provided, you will not be entitled to any refund related to such additional charges.

You must have the legal right to use any credit card(s) or other payment methods and provide true, correct and complete information. You warrant that you have such a right and provided information is true, correct, and complete. Also, you acknowledge and agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

If we suspect an unauthorised or illegal transaction or fraud, we reserve the right to refuse or cancel your order. Also, your order can be canceled or refused if our Services are not available at a time as well as errors in the description or price of the Service, error in your order or other reasons. You understand and agree that DealBuilder will not be liable for loss or damage arising out of such cancellation.

If any time after the Purchase you decide to cancel your Subscription and cease to use services, you will not be entitled to any refunds whether full or partial.

Free Trial

At our sole discretion, we may from time to time offer a Subscription with a free trial of our Services (“Free Trial”). Such a Free Trial will allow you for a certain and limited period of time to use our Services free of charge. We will not charge you until the Free Trial expires. Currently, DealBuilder offers a free 14-day trial period for our Subscriptions. You are not required to enter payment information, but your plan will expire at the end of the 14th day. If you choose to enter billing information, your first charge will occur when you choose to upgrade your account. Without providing us with your billing information after the end of the Free Trial period, you will not be able to use the Services.

We do not guarantee constant availability of Free Trial offers and reserve the right, at any time and without notice, to either modify the terms and conditions of the Free Trial offer or cancel such Free Trial offer at all.

Prices alterations

Prices for the Subscriptions can be modified by DealBuilder at any time in its sole discretion. Any change of Subscription prices will become into effect immediately.

If you are an existing user with an annual or monthly Subscription and the price of your Subscription increases by more than 5 percent a year, we will notify you within at least 80 days in advance about such a change in the Subscription prices in order to give you an opportunity to cancel your Subscription before a new Subscription price comes into effect. If the increase is 5 percent a year or less, we will not notify you of such a change in the Subscription price.

If after a proper notification on changes in prices, you will continue using the Service that constitutes your consent to be charged for the Service according to such a modified Subscription price.

Licence modules/levels

DealBuilder AS offers its services as a Subscription as mentioned before and there are different licences and/or modules you can choose to subscribe to.

Our different licences and modules contains different kinds of features and functionalities. You can choose to subscribe to a single licence level or module, or you can choose a combination of licences and modules that will fit your company. The price for each licence level or module will be presented at the dealbuilder.io website in the pricing section. DealBuilder currently offers these licences / modules:  Basic:  Create contract templates with features for: Branding for your company For use in B2B and B2C Your products and services Prices Costs of your products and services Contract duration Billing intervals General terms Product-specific terms Tailor-made agreement fields Set up rules for discount and pricing for sellers Internal approval of agreements before dispatch Sending agreements by email Tracking of issued agreements E-signature Business:  Create contract templates with features for: Branding for your company For use in B2B and B2C Your products and services Prices Costs of your products and services Contract duration Billing intervals General terms Product-specific terms Tailor-made agreement fields Set up rules for discount and pricing for sellers Internal approval of agreements before dispatch Sending agreements by email Tracking of issued agreements E-signature Sending agreements also by SMS Possibilities for integrations with webhooks Enterprise:  All that´s in Basic or Business, but also custom integrations or custom setup as separately agreed up. Additional modules:  SMS module:  System for creating and sending SMS text templates with features for: Creating SMS text templates Setting up a text “keyword” Option to make the text templates non editable for other users than the admin Option to enable that receivers of the SMS´s can choose to reply on the SMS with the keyword Options to set a default reply message when receivers of SMS reply with the keyword that is set up You can choose to send SMS to norwegian, swedish or danish phone numbers See a list of all sent SMS´s or a list over all SMS´s that are replied to by the receiver

Additional costs

DealBuilder is built to make it easy to get started on your own.

That being said, most of our customers choose to use our onboarding package, where they get help with setting up the account, training users and administrators, setting up the graphic profile etc. The price for the onboarding package is agreed upon by the parties and may differ from client to client based on their needs.

Additional costs will apply for sending SMS at NOK 1 per SMS.

Onboarding will be invoiced up front. The total amount of used SMSs will be invoiced on a half yearly or annual basis

 

User’s content

You, as the Services user, are solely liable for any content you upload, create, submit, distribute, and/or post via the Services (“User Content”) whether publicly posted or privately transmitted. You acknowledge and agree that we have no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage and/or transmission of other communications originating with and/or involving the use of the Services. 

You grant to us a non-exclusive, royalty-free, perpetual, irrevocable, assignable, sub-licensable, transferable, worldwide license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform the User Content for purposes of providing the Services. You must either be an owner of User Content or have proper rights to use User Content.

Also, your User Content shall not breach any restriction specified in the section “Prohibited Use” of the Terms.

We do not monitor or review your User Content, as you are solely responsible for its compliance with the Terms and applicable laws. 

If we received a report that your User Content violates the Terms or any applicable laws, we are entitled to review any User Content, perform its check on compliance with the Terms and/or take appropriate action against you in our sole discretion. As a result of a confirmed violation, your User Content may be removed or modified, and your Account terminated. We reserve the right to refuse to access the Services and delete User Content at any time without notice.

You agree to be solely liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of User Content, whatever reason caused it. You are obligated to do, from time to time, a back-up copy of all your User Content. The Services may contain User Content provided by other users and/or third parties for general public use. If you want to make any of your User Content publicly available, you will take all risks associated with its quality, accuracy, and/or reliability. We do not check or review your User Content to ensure its compliance with the Terms before or after you share it. You are solely liable for any disclosure of someone’s personal data or confidential information when you send it via the Services to other users.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through Services on your copyright.

You may submit a notification about the Infringement with the following information in writing:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). You acknowledge and agree that: (a) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (b) we may have development ideas similar to the Feedback; (c) Feedback does not contain confidential information or proprietary information from you or any third party; and (d) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant DealBuilder and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Links

Despite the fact that our Services may contain links to third-party web sites or services, such third-party web sites or services are not owned or controlled by DealBuilder. For that reason we recommend you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Such means of precaution is required from you because we assume no responsibility for privacy policies, or practices, or the content of any third-party web sites or services which we do not control.

By using our Services, you agree that DealBuilder shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products available on or through any third-party web sites or services.

Data Processing Agreement

All our users, that process via our Services personal information concerning individuals residing in the European Union, are the data controller such data processed by us on your behalf. In order to comply with the requirements of the General Data Protection Regulation, you provide your consent to be bound with the terms of the Data Processing Agreement which shall remain effective during the whole period you use our Services. Carefully read our Data Processing Agreement as well.

Termination

Your obligations contained in the Terms will remain in full force and effect during the whole period of time you use our Services. 

Any breach of the Terms by you may result in immediate suspension or termination of your Account. In such a case, we may remove your User Content without any prior notice or liability. 

If we terminate your Account, your ability to use the Services will cease immediately. If you wish to terminate your Account, you may simply cancel your Subscription and discontinue using the Services.

All decisions regarding the termination of your Account shall be made at the sole discretion of DealBuilder. Even after Services are terminated, the Terms will remain in effect. All terms that by their nature may survive termination of this agreement shall be deemed to survive such termination.

Changes

We reserve the right to withdraw or amend our Services, and any service or material we provide via Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to users.

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review the Terms periodically.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

No legal advice

We do not provide any legal advice, legal opinions, or recommendations. Before starting using the Services,  you may consult with an attorney to ensure your legal compliance with local laws and check the legality and validity of User Content. We are not a party to agreements between you and your counterparties and we will not be responsible under those agreements.

Compliance with local laws

In different countries, electronic signature services regulations may vary. You must ensure your compliance with your local regulations and law on the issue before starting using the Services. It is your obligation to verify that your use of any electronic signatures is recognized as legal in your country.

Indemnification

You agree to indemnify, defend and hold harmless DealBuilder, its affiliates and its licensee and licensors (including their employees, contractors, agents, officers and directors) from and against any and all claims, obligations, damages, liabilities, losses, debt or costs, and expenses (including but not limited to reasonable legal fees), resulting from or arising out of: (a) your use of the Service, (b) any unauthorised use of your Account or password, (c) unavailability of the Services to be used by you,  (d) your User Content, (e) any your breach of the Terms.

Disclaimer

Except for cases prohibited by the law, the Service is provided “just as it is” and we disclaim any warranties and conditions of any kind, express or implied, including warranties or conditions of merchantability, suitability for a particular purpose, ownership, accuracy, and security. We do not give any guarantees that the Services: (a) will meet your requirements; (b) will be provided in a timely manner, securely or on an error-free basis; (c) will be accurate, reliable, with no viruses or other malicious code. We do not give any warranties or representations regarding the accuracy or completeness of any third-party content.

DealBuilder cannot guarantee and does not promise any specific results from the use of the Service. You agree that you must evaluate, and bear all risks associated with, the use of any third-party content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by DealBuilder.

We are not obligated to get involved in any dispute that you have with other users of the Services. You are solely responsible for (a) any damage resulting from use or submission of User Content, (b) unauthorized access to your Account, and/or automatic forwarding of messages and/or viruses from your Account.

Force Majeure

We are not responsible for the failure or delay in meeting our obligations arising from any condition beyond our reasonable control, including but not limited to the use of equipment or services to third parties, communication failure, government action, war, terrorist acts, earthquakes, fire, flooding or other natural disasters, working conditions, power supply failures, and Internet connections.

Limitation of liability

Except in jurisdictions where such provisions are restricted, in no event will DealBuilder be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DealBuilder has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from your inability to access or obtain services through or from us; (c) unauthorized access to or alteration of your User Content.

You release us from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of or that relates directly or indirectly to: (a) the Services; (b) any inaccurate, incomplete, unreliable, illegal or infringing User Content posted on the Services; (c) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, or alteration of, users’ communications.

Entire agreement

The Terms, GDPR and Cookie Policy, Privacy Policy and Data Processing Agreement constitute the entire agreement between you and DealBuilder. Please read them before you start using the Services.

Severability

If any provision of the agreement is held to be legally invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

Assignment

You may not assign your rights under the Terms to any other party without DealBuilder’s express prior written consent of DealBuilder. We may assign, without your consent, our rights in connection with our merger, reorganisation, or sale of substantially all of its assets or capital stock. 

No waiver

Failure by either party to enforce any provision of the agreement or to exercise any right in respect thereto shall not be construed as constituting a waiver of such provision or right unless expressed and in writing. In the case of our merger or acquisition by another company, all existing users, User Content, our rights and obligations under these Terms will be transferred to the new owner. 

Governing law and jurisdiction

The Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Norway.

The parties irrevocably agree that the courts of Oslo, Norway, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Dispute resolution

Each party will notify the other party in writing of any dispute within 30 days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to us shall be sent by email. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the dispute, and (iii) the specific relief that you are seeking. If you and we cannot agree how to resolve the dispute within 30 days after the date notice is received by the applicable party, then either you or we may, as appropriate and in accordance with this section, commence a court proceeding.

Language and communications

The Terms are provided in English and its translations into other languages may contain inaccuracies, for which we do not bear any responsibility. We suggest using the English version and using other languages is at your own peril and risk. You also agree that all communications are conducted with us in English.

You agree to receive communications from us electronically. Electronic notifications will be sent to your e-mail address that you used for registration purposes, as it can be subsequently changed by you in your account settings or by written notification. All communications in electronic form will be considered “in writing” and are considered to be received on the day of mailing. We reserve the right, but not the obligation to provide communication in paper format.

 

Contacts

Please send your questions about these Terms to the following email: post@dealbuilder.io