Application terms and conditions AV1
No Isolation, company reg. no 815 716 272, offers a product and a service intended for children and young people suffering from long-term illness. The product consists of an avatar (“AV1”) and an application (the “Application”) which together form the product (the “Product”). The purpose behind the Product is to allow children and young people suffering from long-term illnesses to participate, as far as possible, in daily activities with their friends and classmates. The child’s friends may for example bring AV1on trips, in the classroom or to a football game. Meanwhile, the child can observe and take part in what their friends are doing from his or her tablet or smartphone through a transmission of sound and picture to the Application and sound to the AV1. The transmission occurs through the Application. The Application does not store picture and/or sound. Furthermore, only the child may log on to use the Product. For more information on the Product and how it works, please see https://www.noisolation.com/av1/.
This document and the information herein are the terms and conditions for the Application (the “Agreement” or “Application Terms”).
The users of the Product (“Users”) are the child which has access to the Application and his or her parents or guardians. The Application Terms are binding on all Users.
All data, information and material of any kind provided to No Isolation by the Users, including personal data will be processed in accordance with applicable laws for data protection. For more information about our processing of data, please see https://www.noisolation.com/av1/privacy/.
It is the child who shall create a user profile in the Application. Parents, guardians, healthcare professionals or other caregivers shall not be entitled to log in to the child’s user profile or to view the screen when the child uses the Product, unless otherwise agreed in writing between the User and the educational institution or any other institution etc. where the AV1 is located.
Upon registering the child must provide correct and accurate information about itself. When registering, the child must create a PIN code. The PIN code shall not be used by anyone other than the child, and must be kept in a safe place.
No Isolation may, by providing reasonable notice, require that the child changes its PIN code. If it is suspected that the personal PIN code may be used by someone else, the child must immediately change the PIN code.
Unless terminated earlier pursuant to this Agreement, this Agreement shall commence on the date the Application is downloaded. This Agreement shall terminate when the User deletes the Application.
If one of the parties materially breaches its obligations under the Agreement and such breach is not remedied within thirty (30) days following written notice from the other party, such party may terminate the Agreement with immediate effect.
No Isolation reserves the right to make the Product unavailable to the User if these Application Terms are not complied with. It is in No Isolation's discretionary authority to determine such exclusion, but No Isolation undertakes to give a reasoned explanation of its decision upon request. No Isolation shall not be held financially liable in this regard. No Isolation shall further have the right to terminate this Agreement in case of a breach of the Application Terms, such as abuse of the service, including, but not limited to, the taking of screenshots, use of the Product by multiple Users simultaneously, use of the Product in violation of these Application Terms or if other reasonable cause exists.
User is responsible for all actions taken when using the Product. The User undertakes to hold No Isolation harmless from any third party claims due to User’s use of the Product in breach of these Application Terms. This also applies to use in breach of applicable laws and regulations.
Damage caused by defects in the Product or damage/defects associated with its use must be notified No Isolation immediately upon discovery.
Save as expressly stipulated herein, No Isolation is not liable for any direct or indirect loss or damage, unless caused intentionally or by gross negligence on the part of No Isolation, or unless liability is established pursuant to mandatory law.
No Isolation’s liability to the User is limited to the amount the User has paid to No Isolation for the Product, unless otherwise is stipulated in mandatory law.
Except as expressly set forth in this clause 7, No Isolation is not responsible for any further financial losses the User may suffer as a result of using the Product. The Product is provided on an “as-is” basis and is used on User’s own risk.
The Product’s software is updated regularly and automatically. Upon updates to hardware the AV1 can be submitted to No Isolation, at the address stipulated on the No Isolation website. Unless otherwise agreed with No Isolation, the User is liable to cover the cost of such hardware updates. The User must under no circumstances make any repairs or changes to the Product, but shall immediately notify No Isolation of any Product malfunction. No isolation disclaims all liability for any damage inflicted on the Product as a result of the User’s own repair work.
No Isolation reserves the right to undertake necessary maintenance work on the Product. No Isolation will endeavor to perform such maintenance without unnecessary disturbance to the Users. No Isolation shall not be held liable for any lack of access to the Product due to necessary maintenance or upgrade work.
The content of the Product as well as all associated copyrights and other intellectual property rights belong to No Isolation and is No Isolation’s property. Users are responsible for ensuring that their use of the Product is in compliance with No Isolation’s intellectual property rights.
User may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to No Isolation with respect to the Product or other intellectual property rights belonging to No Isolation. No Isolation shall in its sole discretion determine whether or not to proceed with the development of such Feedback. By giving its Feedback the User acknowledges that No Isolation is given sole ownership of the Feedback, and that no sums are payable by No Isolation for such Feedback, neither at the date of the Feedback nor in the future.
No Isolation shall not be liable towards the Users for delayed or non-performance of its obligations pursuant to this Agreement, in whole or in part, as a result of a cause beyond its reasonable control and without its fault or negligence, including, but not limited to, governmental Regulations, strikes, lockout, export or import restrictions, acts of God, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, floods, blizzard, or other natural disasters (a “Force Majeure Event”). Delays in performing obligations due to a Force Majeure Event shall automatically extend the deadline for performing such obligations for a period equal to the duration of such Force Majeure Event.
No Isolation reserves the right to amend the Application Terms in the Agreement period. It is the Users’ responsibility to keep updated on the Application Terms in force from time to time, but if any material amendments are made, the Users will be notified. If the Users continue to use the Product after an amendment is made, the Users shall be deemed to have accepted the amendment(s).
The Application Terms from time to time in force can be found at https://www.noisolation.com/av1/app/terms-and-conditions/.
This Agreement shall be governed by and construed in accordance with the laws of Norway. In the event of a dispute arising out of or in connection with this Agreement, the Parties shall in good faith attempt to resolve the dispute through negotiations. Any dispute which the Parties fail to resolve amicably within a reasonable period of time may be brought before the ordinary courts of Norway. The Parties submit to the exclusive jurisdiction of Oslo District Court.