WICE End User Agreement
1.1 These terms and conditions apply to the use of the service WICE, described below. WICE is a service operated by Wice AS (“Operator”), a company registered in Norway, and provided to you by Wice AS (“Provider”), a company registered in Norway.
2. Description of the Service
2.1 WICE is an IOT company which has developed a set of Smart Sensors that are controlled via the Wice App’s.
(hereinafter referred to as the “Service” or “WICE Service”).
3. Acceptance of the terms
In order to download and/or use WICE you must first accept these terms. These terms are accepted by you (a) when you click to accept or agree to the terms; or (b) when you download and or use WICE.
3.2 Upon acceptance of these terms and conditions, a legally binding agreement (“Agreement”) is entered into between you and the Provider. The Agreement shall remain effective until terminated as described below.
3.3 The Service is intended for users over 18 and that have bought Wice hardware separately. However there is no barrier for users under 18 to have access to our Service or register as a user. Users under 18 should only use the Services with the permission of a parent or a guardian. Parents or guardians for anyone under 18 who use this Service should read these terms carefully.
3.4 The terms “we”, “us” and “our” are referring to the Provider.
4. Changes to the terms
4.1 The Provider may make changes to these terms and conditions from time to time. The provider will publish the changes at http://www.Wice.com. Changes will be effective when published. Please review the terms and conditions on a regular basis. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
5. Privacy and data protection
6. User account
6.1 Prior to your first use of the Service, you will be asked to create a user account and choose a user ID and password or one will be made for you by an administrator. We recommend that you choose a password that is hard to guess and consist of letters, numbers and symbols. You may only use the Service through your user account. You are solely responsible for all activities conducted through your user account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party. The Provider takes no responsibility for your failure to comply with the obligations in this paragraph.
7. Code of conduct
7.1 You shall use WICE services including the app and its proprietary hardware in a proper manner, respect all laws and regulations and respect the privacy and integrity of other users.
7.2 If you behave in an improper manner we may immediately upon prior written notice terminate your access to the Service.
8. Payment, subscription and termination
8.1 This Service is free of charge, however we may launch additional optional functionality that would require a separate payment or subscription.
8.2 You may terminate your relationship with the Provider at any time by requesting closure of your user account and by ceasing the use of the Service according to the SLA signed with the hardware side of the Wice agreement.
9. Technical requirements
9.1 You have the responsibility to ensure that you have and keep all the necessary hardware, software and internet connection which is necessary to use this Service. In the event that the Provider reasonably determines that you do not meet these requirements, the Provider reserves the right to refuse to provide the Services to you.
9.2 You agree and acknowledge that our WICE Service is available on our “best effort” and “as is” basis. In particular, the reception of data from Smart Sensors are determined by radio quality where such hardware has been placed, may make the quality of the Service to vary, whether due to overload on the internet or telephone lines or other factors. WICE is dependent on many factors such as battery, network availability etc. and you shall be aware that WICE may fail.
9.3 You agree that neither we, nor our owners, employees, contractors or agents shall be responsible or liable for any error, act or omission in WICE or related service or any losses or other consequences as a result of such errors.
9.4 From time to time we may close the website and suspend the Services to perform upgrades or maintenance. We will try to keep this to a minimum. Subject to the limitations described above, we will carry out the Service with reasonable care and skills. Apart from this, we do not provide any warranties (and exclude any warranty and any conditions that may have been implied, to the extent that such waiver is possible according to the law). Users must keep their software versions updated.
10. Technical support or contact with WICE
10.1 You may contact the Provider if you would like to discuss technical problems or for any other reason by sending an e-mail to firstname.lastname@example.org. In all cases please provide your name, e-mail address or other data the Provider may require to assist you or to identify your subscription (if applicable).
10.2 Any notice given by the Provider to you can be given by sending a mail or e-mail to the most recent registered mail or e-mail address you have registered. Failure of transfer or transmission is at your own risk and we will not be responsible for non-receipt of messages sent to you by us.
11. Your use of the Service
11.1 The WICE Service and the content provided through it are the property of the Provider or the Provider’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the WICE Service.
11.2 The WICE software application is licensed, not sold to you, and the Provider retains ownership of all copies of the WICE software application even after installation on your device. You herby agree that you will (a) use the Service solely for non-commercial purposes without making profit of the use; (b) not copy, record or store all or part of the Service (other than content which is permitted by the agreement between you and a third party service provider); (c) not alter, disassemble, decompile or make reverse engineering of any part of the Service or hardware; (e) not abuse the Service or use it for any illegal or unauthorized purpose (which includes transmitting computer viruses through the Service, or use the Service in any manner that violates or is in violation of the rights of others). Besides our right to terminate this Agreement due to your violation, we may suspend the Services (or your access to them) if your use of the Service is illegal, unreasonable or contrary to the interest of other subscribers or in violation of these terms or if we are requested to do so by a regulatory authority.
11.3 All WICE trademarks, service marks, trade names, logos, domain names, and any other features of the WICE brand are the sole property of WICE. This license does not grant you any right to use the WICE trademarks, service marks, trade names, logos, domain names, or any other features of the WICE brand, whether for commercial or non-commercial use.
12. Hardware and cloud
12.1 You acknowledge that the Wice app will only work with Wice hardware and subscription to its cloud service. You may not set up or use more than 10 apps per Wice gateway unless this is explicitly agreed in a separate hardware agreement.
13. Intellectual property rights
13.1 The Provider respects intellectual property rights and expects you to do the same. This means, for example that the following is not permitted: Copying, reproducing, “ripping”, recording or making available to the public any part of the WICE Service or content delivered to you via the Service, unless otherwise agreed in a separate hardware agreement.
14. Changes to the Service
14.1 The Provider is constantly improving the software, hardware and the Service and may change them at any time. Additionally, there may by reasons for the Provider to stop providing the software and Service (or portions thereof) including, without limitation, that it is no longer lawful or feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue.
15.1 You herby agree that you will indemnify and hold the Provider, including subsidiary companies and affiliated legal entities and all their directors, officers, agents, employees, licensors and its contractors harmless from and against any claims, lawsuits, litigation or proceedings, as well as any damages, loss, liability, costs and expenses (including reasonable legal fees and cost) arising out of (i) your breach of these terms; (ii) your breach of any applicable law or regulations; (iii) your infringement or violation of the rights of third parties (including intellectual property rights), (iv) any act, omission or misrepresentation made by you in connection with your use of the Service; (v) claim made by third parties arising in relation to your access or use of the Services, including without limitation using Wice hardware and cloud service through or any other information made available by you on WICE.
16. Limitation of liability
16. 1 The Provider shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, for: (i) any indirect, special, incidental or consequential damages, or (ii) any damage to or corruption of data (whether direct or indirect) or any indirect or direct loss of any kind even if such damages or losses has been notified to the Provider. Nothing in these terms shall exclude or restrict the Providers liability for death or personal injury resulting from the Providers negligence or fraud.
17. Force Majeure
17.1 You acknowledge and agree that if the Provider is unable to provide the Service as a result of a force majeure event, the Provider will not be in breach on any of its obligations towards you under these terms. A force majeure event means any event beyond the control of the Provider.
18. Choice of law and jurisdiction
18.1 This end user agreement shall be governed by and interpreted in accordance with the laws of Norway and shall be subject to the jurisdiction of the courts of Norway.
Instructions for Minimum Terms of Developer’s
End-User License Agreement
1. Acknowledgement: You and the end-user must acknowledge that the EULA is concluded between You and the end-user only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge You have had the opportunity to review).
2. Scope of License: The license granted to the end-user for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the end-user must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Product Claims: You and the end-user must acknowledge that You, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit Your liability to the end-user beyond what is permitted by applicable law.
6. Intellectual Property Rights: You and the end-user must acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The end-user must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any end-user questions, complaints or claims with respect to the Licensed Application should be directed.
9. Third Party Beneficiary: You and the end-user must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.