Terms and Conditions of Service

Below are the Terms and Conditions of Service for LocartoArtsoft-2B* , a software service provided by Locarto AS herein after mentioned as ( ‘Locarto’, ‘we’, ‘us’, ‘our’, ‘the Company’). Please read the Terms and Conditions of Service (‘Terms’) carefully. By using the LocartoArtsoft-2B software service, as well as any and all integrated software and services provided by Locarto AS, such as the Locarto SaaS web administration system, Locarto mobile application, Locarto templates and Locarto Websites, and the Locarto CMS (together as ‘Services’), you (‘the User’, ‘the Client’) agree to be bound by these Terms, our Privacy Policy, and our End-User License Agreement (EULA).

OWNERSHIP OF APPLICATION

The Company owns title to and all rights of its software and proprietary services, including any and all associated copyrights, trademarks, patents, trade secrets, or other intellectual property. The Company grants Client a limited, non-exclusive, non-transferable and non-sub-licensable right and license to access and utilize the Software Services during the paid subscription term.

USER LICENSES

LocartoArtsoft-2B is licensed by quantity of users who access the client database. The Client is obligated to insure (and may be called upon to attest) that they have sufficient quantity of paid user licenses to cover all individual users, regardless if a user utilizes the system often, occasionally, or rarely. Locarto monitors usage and may, at the Company’s discretion and at any time, disconnect and/or remove any number of users above and beyond the licensed number, and/or invoice and charge the client for the excess usage, retrospective to the start of the current billing period.

FEES AND PAYMENT

Locarto will be free to use until we launch our public promotion platform. As soon as both the Locarto Public platform and Locarto admin system are launched and connected, the client agrees to pay a monthly or discounted annual subscription fee. (see Locarto prices) All quoted fees will be exclusive of all taxes, levies or duties applicable under any applicable law. Client are responsible for the payment of any taxes, levies, or duties not collected by the Company. Client agrees that the Company may change fees at any time after any such changes are posted on the website.

NO REFUNDS

There are no refunds or credits for ‘unused’ time during a billing period or for cancellations made fewer than 21 days before scheduled implementation of a paid order or fewer than 10 days before quarterly or annual renewal of a subscription. There are no refunds for services ordered and commenced. Any refunds provided for valid cancellations are allocated after charges at prevailing hourly rates for any services provided prior to cancellation and relating to the initial order, including consultation, are deducted. Refunds on orders paid via credit card are subject to a 5% cancellation fee.

PRIVACY AND CONFIDENTIALITY

See https://locarto.com/privacy

HOSTING AND CONNECTION

The LocartoArtsoft-2B database, associated files, and application are hosted on a highly secure regionally hosted AWS (Amazon Web Services) server behind a host of cryptographic protocols. 128-bit SSL Browser encryption is enforced using automated HTTPS-only connections. SSL certificate protection using the ACME challenge protocol is used to validate the Web server as a trusted connection. Certificates are renewed every 90 days. Access to the Amazon server is limited to our in-house Locarto server administrators and only accessible via a Secure Shell (SSH) password-less connection. Internet speed and availability may depend on hardware and connections beyond our control.

TECHNICAL SUPPORT

We provide email, web-based, or telephone technical support for our software to the Client at their reasonable request during active support hours posted on our website, with a goal of but not guarantee of a two-business-hour response to inquiries received at the support@Locarto.com email or Support line voicemail. We are not responsible for supporting Clients’ networks or computer hardware or for technical support for software other than that provided by Locarto.

USER LOGIN AND PASSWORD

Client is responsible for maintaining the confidentiality of their login password and user credentials, and is fully responsible for all activities that occur under their passwords or account.

TRAINING

One online training session is provided to subscribed users simultaneously upon initial software implementation, or at the Client’s request up to 30 days after implementation. Additional training for subscribed users may be contracted at the standard hourly service rate, charged in advance.

BACKUPS

LocartoArtsoft-2B backups are performed automatically on a daily basis and retained for 30 days. Desktop software Clients are responsible for performing and maintaining their own backups.

TERMINATION

Upon written request of termination, you may schedule a data extraction, which includes all documents, images, and table data, for an hourly fee. An active subscription is required for Company to perform this extraction. A robust amount of Works and Contacts data may be exported by Client via tools provided with the application. Company may terminate your access to and use of the Application, with or without notice, for any reason, including failure to pay subscription fees or invoices for other software or services, at any time.

LIMITATION OF LIABILITY

Client agrees that use of the Company’s software and services is at their own risk. The Company warrants that its software and services will conform substantially to the listed specifications. The Company’s entire liability and the Client’s sole and exclusive remedy will be, at the Company’s option, partial refund of the subscription fee or repair to the defective software or service.

DISCLAIMER OF WARRANTIES

LOCARTO AS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT. IN NO EVENT SHALL LOCARTO AS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF LOCARTO AS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CONTENT, INCLUDING NEWS, QUOTES, DATA AND OTHER INFORMATION, PROVIDED BY LOCARTO AS AND ITS THIRD PARTY CONTENT PROVIDERS IS FOR CLIENT’S PERSONAL INFORMATION ONLY, AND IS NOT INTENDED FOR TRADING PURPOSES. CONTENT PROVIDED BY OR VIA LOCARTO AS PRODUCTS OR SERVICES IS NOT APPROPRIATE FOR THE PURPOSES OF MAKING A DECISION TO CARRY OUT A TRANSACTION OR TRADE. NEITHER LOCARTO AS NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS, INACCURACIES OR DELAYS IN CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. LOCARTO AS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF ANY THE CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE. ALTHOUGH LOCARTO AS MAKES REASONABLE EFFORTS TO OBTAIN RELIABLE CONTENT FROM THIRD PARTIES, LOCARTO AS DOES NOT GUARANTEE THE ACCURACY OF OR ENDORSE THE VIEWS OR OPINIONS GIVEN BY ANY THIRD PARTY CONTENT PROVIDER. LOCARTO AS PRODUCTS OR SERVICES MAY POINT TO INTERNET SITES THAT MAY BE OF INTEREST TO YOU, HOWEVER LOCARTO AS DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR THE CONTENT ON SUCH OTHER SITES.

INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless the Company and its employees, contractors, providers, agents, and affiliates from and against all liabilities, claims, or other proceedings, including attorneys’ fees, that arise out of or relate to use of the Company’s software or services via Client’s account.

GOVERNING LAW

These Terms and Conditions of Service and any dispute that may arise between the Client and the Company shall be governed by and construed in accordance with the laws of the Kingdom of Norway

SEVERABILITY

If any part of this agreement is unenforceable or invalid, it should be removed from the agreement without affecting the validity of the remaining terms.

MODIFICATIONS TO AGREEMENT

The Company reserves the right to add, edit, or remove portions of this agreement at any time. Please check the agreement when notifications of changes to the agreement is given by email. The earlier of your use of the Software or 30 days after such changes have been posted constitutes your acceptance of such changes.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the Client and the Company and govern the Client’s use of the Company’s applications and services.

LocartoArtsoft-2B is the name of the Locarto software