Nutzungsbedingungen für Komp Pro
Komp Pro is a product designed for people with limited digital experience and their service providers (e.g. home care workers). Komp Pro consists of a hardware component (the Komp unit) and a web based software tool that communicates with the Komp unit. With Komp, the user can easily keep in touch with their family and social circle without the need for pre existing digital knowledge.
These terms apply to the purchase or rental of Komp by professional clients, such as an organisation, company or institution. If you are a consumer, other terms and conditions apply.
References to "No Isolation", "we", "us" and "our" refer to the company No Isolation AS, see contact information in clause 16 below. Specific terms and conditions of purchase / lease through other parties than No Isolation AS (our sales partners / resellers) may apply.
|Komp Pro user||the User of the web-based management tool, such as an employee or client of the Customer.|
|Komp user||the recipient of the care service that receives information through the Komp device from the Komp user (the “Product”).|
|Product||Komp Pro as described below.|
Use of the app requires the creation of a user account with a username and password. This profile is personal and cannot be used by anyone other than the app user.
Komp communicates with the software/ app via WiFi/ 4G. The Komp user must provide internet access via WiFi himself. When purchasing Komp with 4G, unlimited use of data via 4G is included in rent / purchase. The 4G dongle may not be used with other hardware or any other Komp unit. The Komp unit may also be used for private communication with friends or relatives via an app. Private communication is separated from communication with the Komp Pro user (software).
Everyone who places a Komp at the home of a user is responsible for informing them about what it means and how the product works. If the user does not have consent competence themselves or you are uncertain whether they understand what the use entails, we recommend obtaining consent from the person's guardian or consulting with the immediate family.
3. Rent or buy
The customer can choose between renting or buying the product.
The product is shipped to the customer according to the shipping option chosen by the customer in the ordering process.
Estimated shipping and delivery date will be stated in the ordering process. No Isolation is not responsible for delays, provided the product is delivered within 30 days of the estimated delivery date.
The customer is responsible to enter the correct delivery address.
Delivery has occurred when the customer has received the product or the product is available for pickup (for example at the post office). We use IncoTerms DAP and the risk of the product passes to the customer upon delivery. We can charge the customer for return costs if the product is not picked up on time.
For donation purchases, No Isolation can send the product directly to the donor recipient. The address of the donor recipient must be stated when ordering. The customer is responsible for the correct address being provided.
No Isolation guarantees that the Product is intended for the stated purpose, of good quality and flawless in terms of materials and workmanship. Claims made under the guarantee must be sent to No Isolation within a reasonable time after the error occurred.
No Isolation may, at its sole discretion, choose to repair or replace the Product. The Customer has the right to terminate the contract in case of repeated claims under the warranty, or if the Seller fails to repair or replace the Product. In the event of termination, the Product must be returned in accordance with this agreement. Reasonable return shipping costs are covered by No Isolation.
6. Production defects
If the customer detects errors or defects in the product on our part, we will either repair or offer the customer a new product. The customer must notify us within a reasonable time after the customer discovered the error or defect, either by using our complaint form or by sending us an email to firstname.lastname@example.org.
The warranty period is valid for one (1) year from the time the customer first received the product at the agreed delivery location (see order confirmation). We do not cover defects or deficiencies after the end of the warranty period.
In the event of persistent errors and defects in the product, the customer is entitled to a price reduction or to cancel the agreement in accordance with the applicable legislation. Compensation is limited according to clause 7.
7. Limitation of Liability
No Isolation's responsibility is exhaustively regulated in paragraph 5 above. No Isolation shall not be held responsible for direct or indirect loss or damage, unless it is implied by mandatory law that No Isolation is liable. No Isolation is under no circumstances liable for lost profits, lost savings, loss of reputation, loss of goodwill, direct, indirect, incidental, criminal, special or consequential damages arising out of or in connection with the sale of products or services of No Insulation or use thereof, whether such damages are based on compensation, warranty, contract or other legal basis, although No Isolation has been informed or aware of the potential for such damages. No Isolation's total and cumulative liability to the Customer shall never exceed the price paid by the Customer under this agreement for the preceding 12 calendar months.
8. Delayed payment and breach of contract terms
In case of missing or delayed payment, we can deactivate the account until the correct payment is received. We give the customer a minimum notice of 14 days before deactivating the account. In the event of a persistent payment default, we reserve the right to cancel the agreement.
In the event of cancellation, the customer must return the Komp unit to us within 14 days of being notified that the agreement has been canceled. The customer is responsible for covering the shipping costs on return. If the customer does not deliver the product within 14 days, we reserve the right to invoice the customer for the product according to the current price list.
9. Product updates
The software of the product will be continuously updated and maintained. When renting the product, we can ask to replace the product with a new version. When changing the product, we send the customer the new product before the customer needs to return the old one.
If the customer does not want to replace the old product, it may happen that the software will no longer be compatible with the old product. No Isolation assumes no responsibility for maintaining the software for products older than five years.
10. Intellectual property rights and Licensing
No Isolation has exclusive and worldwide rights to all intellectual property rights associated with the product. This includes, but is not limited to, concepts, designs, trademarks, know-how, trade secrets, copyrights and other intellectual property rights.
The customer is granted a non-exclusive and non-transferable license to use the product, limited to the features enabled through the user account. The software and any third party software, documentation, interface, content, fonts and any data accompanying the license are licensed, not sold, for use only under this agreement.
We may make available future updates to the product that do not necessarily include all existing features. This agreement will govern any software updates that replace or supplement the original product, unless such updates are accompanied by a separate license. The license does not include the right to modify, adapt, update, patch, translate, reproduce, reverse engineer, decompile or disassemble software included with the product.
11. Compensation for damage
If the product is damaged upon return to No Isolation after termination or cancellation of the agreement, No Isolation reserves the right to claim compensation for coverage of either the repair costs or new replacement product. This does not apply to faults or defects on our part (manufacturing defects).
No Isolation processes certain personal information in connection with the delivery of the product, as well as the operation and maintenance of the service (the software). More information about our processing of personal data can be found in the privacy statement (link).
13. Management Tools
When renting to municipalities and other institutions, the institution will use the management tool Komp Care. When using this tool, the institution has the right to lend the same product to multiple users, but must ensure that only one user uses the product at a time. Each time a new user is granted access to the product, a new user must be created in the management solution and the previous user must be deleted.
When using Komp Care, a separate data processor agreement (DPA) must be entered into with the customer.
14. Changes to the Terms
Changes to these terms will only be effective for subsequent subscription periods. No Isolation will notify changes in price and other terms 14 days before the new subscription period expires.
If there is a need for changes to the terms before a new subscription period expires, we will notify the customer of this. Any changes will only apply to customers who have accepted the changed terms. However, we reserve the right not to renew the subscription if changed terms are not accepted.
The agreement is governed by Norwegian law. Any conflicts must first be solved through negotiations. If the parties do not reach agreement on a solution through negotiations, the dispute shall be resolved in the ordinary courts with Oslo District Court as the agreed venue.
16. Contact information
No Isolation AS
Business number: 815 716 272
0560 Oslo; Norway
Phone: +47 908 74 495
17. Addendum to this Agreement
The Customer will be notified of any changes to this Agreement no later than 14 calendar days prior to the renewal of the Agreement in accordance with clause 6.
Any notified changes will only take effect after the agreement has been renewed for a new period. No Isolation reserves the right to cancel the agreement in accordance with paragraph 6 if the change is not accepted by the Customer.
18. Force Majeure
No Isolation is not liable to the Customer for the inability to fullfil its obligations to the Customer as a result of strikes, work stoppages or accidents at work, natural disasters or other cause or circumstance beyond the reasonable control of No Isolation.
In the event of such a case as stated above, No Isolation's obligations will be suspended during the period of the circumstances, without No Isolation being liable or liable to the Customer for any damages arising therefrom.
19. Agreement interpretation - entire agreement clause
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or writings between the parties.
If any part of this Agreement proves invalid by reason of compulsory law or final judicial judgment, it shall affect only those parts which were found to be invalid. The remaining parts of this agreement will still be enforceable.
Therefore, breach of one of the separate agreements is not a breach of the rest of the contract, and it is not a valid reason for the other party to refuse to respect any part of the contract that has not been breached.
21. Choice of law and venue
Komp Pro is supplied by the Norwegian company No Isolation AS. The following terms apply to the use of the service: Komp Pro can only be used for professional purposes, as directed by the employer.
- You must create a user profile with a personal password. The password should not be used or given to anyone else.
- No Isolation reserves the right to deactivate your account if you use KOMO Pro in violation of these terms or instructions provided by your employer.
- You are responsible for all content you share on the Service.
- Personal information is processed in accordance with the privacy statement.
- The Komp unit should be placed on an at / solid surface to ensure that it does not fall.
- The Komp unit should only be used with the power supply provided in the box, and the 4G dongle should not be used with other products.
- The Komp unit is not waterproof. Do not wash the unit under running water.
- The warranty does not apply if you try to repair the Komp unit yourself.