1) General
These General Terms and Conditions are applicable between Luups AS (hereinafter referred to as the “Supplier”) and the customer (hereinafter referred to as the “Customer”), and regulate the use of Luups AS’ services (hereinafter referred to as the “Service”).
The Customer and the Supplier are jointly referred to as the “Parties” and the contractual relationship between them as the “Agreement”.
The General Terms and Conditions are valid as long as the Customer uses the Service.
2) Licence Rights
2a) User Rights
The Customer receives a temporary, non-exclusive and non-transferable right to use the Service under the Agreement.
The Supplier reserves the right to immediately terminate the Agreement and the Customer’s access to the Service without prior notice, in the event that the Customer uses the Service to create content that reasonably can be interpreted as being offensive.
2b) Intellectual property rights
The Customer shall be free to use all content, video and image contributions obtained by or otherwise generated by using the Service, including any accompanying metadata and descriptions, that are made available to the Customer by the end users of the Service (hereinafter referred to as the “User”), also including commercial use.
All intellectual property rights to text, images, designs and other materials and accompanying information made available to the Customer by the Supplier, belong to the Supplier and any licensors involved with respect to the Service, and shall be considered the property of the Supplier at all times, also including all underlying program codes and source codes.
2c) Administration of intellectual property rights
The Supplier shall - on behalf of the Customer - obtain a confirmation from the User upon submission of content, that the content is either created by the User or that the User has obtained all necessary approvals to submit the content. This will not affect the distribution of roles between the Parties, in which both Parties agree that the Customer is acting as the Controller, cf. GDPR article 4.7.
This confirmation shall provide the Customer with all necessary rights to utilize the content, and serves as a legal basis for processing of personal data, cf. GDPR article 6.1 b). This right does not include a right to sell the submitted content, and the Supplier gives no warranty and accepts no responsibility or liability for content obtained or created through the Service.
3) Payment
Provided that the Customer has not paid in advance, the Customer shall pay for the Service as stated in the Supplier’s invoice. The Customer shall under no circumstances be entitled to set off claims or alleged claims against the Supplier with regards to any invoices relating to the Service.
In the event of overdue payment, the Supplier reserves the right to claim interests counting from the due date until correct payment has been received by the Supplier, in accordance with the Norwegian Act relating to Interest on Overdue Payment (“Forsinkelsesrenteloven”).
The Supplier will make a price list available to the Customer.
4) Data Protection
The Supplier shall not access the Customer's user-generated video files or any other media files that are uploaded by the User or the Customer to the Service, unless otherwise has been agreed in writing, e.g. as part of a trial period or pilot project. However, the Supplier may use machine learning technology and artificial intelligence to ensure a proper administration of the content, such as validation of the content’s legitimacy, categorization and embedding tags to the content.
As the Supplier has no relation to the uploaded content or the natural persons uploading the content, the Supplier acts on behalf of the Customer as a data processor, cf. GDPR articles 28 and 4.8.
The Supplier's Data Processor Terms are available here.
he Supplier may be contacted at privacy@luups.no regarding any privacy related questions or concerns, and additional information regarding the Supplier’s processing of personal data is available here.
5) Liability
The Service may at times be completely or partially unavailable due to maintenance or other reasons.
Provided that the Customer incurs financial loss due to an error or defect of the Service, the Supplier's liability shall be confined to direct and documented losses incurred due to such faults or defects, and be upwards limited to the Customer’s total cost of the last 12 months of the Service.
The Supplier is not responsible for the Customer's use of the Service or any further use of content that has been obtained and/or created by using the Service.
The Customer shall indemnify the Supplier against all claims set forth by the User and other third parties against the Supplier, in relation to the Customer's use of the Service and the Customer's contractual relationship with the Supplier.
6) Choice of law and legal venue
These General Terms and Conditions are governed by Norwegian law and Møre og Romsdal District Court is the chosen legal venue, cf. 4-6 of the Dispute Act (“Tvisteloven”).
7) Contact Information
Chris-Håvard Berge, +47 473 24 204, chb@luups.no
