Terms of use
Thank you for using Verklig.ai!
These terms of use apply when you use the services of Verklig.ai, Tribble AS (NO), or our affiliated companies, including our application programming interface (API), software, tools, developer services, data, documentation, and websites ("Services"). By using our services, you consent to these terms. Our privacy statement explains how we collect and use personal information.
1. Registration and Access
You must be at least 13 years old to use the Services. If you are under 18, you must have permission from your parents or legal guardian to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register an account. You may not make your access details or account available to others outside your organization, and you are responsible for all activities that occur using your login details.
2. Usage Requirements
(a) Use of the Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You shall comply with these Terms and all applicable laws when using the Services. We and our affiliated companies own all rights, titles, and interests in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, suggestions, and improvement proposals. If you provide any of these, we may use it without limitation or compensation to you.
(c) Limitations. You may not (i) use the Services in a manner that infringes, abuses, or violates any person's rights; (ii) reverse, reassemble, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems in the Services (except to the extent such restrictions are prohibited by applicable law); (iii) use output from the Services to develop models that compete with Verklig.ai; (iv) unless permitted through the API, use any automated or programmed method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was generated by humans when it was not, or otherwise violate our Use Policies; (vii) buy, sell, or transfer API keys without our prior approval. You shall comply with any speed limitations and other requirements in our documentation. You may only use the Services in geographical areas currently supported by Verklig.ai.
(d) Third-Party Services. Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third-party products.
3. Content
a) Your Content. You may provide input to the Services ("Input"), and receive output generated and returned by the Services based on Input ("Output"). Together, Input and Output constitute "Content." Between the parties, and to the extent permitted by applicable law, you own all Input. Verklig.ai may use Content to deliver and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for the Content, including ensuring that it does not violate applicable law or these Terms.
(b) Use of Content to Improve Services. We do not use the Content you provide to or receive from our API ("API Content") to develop or improve our Services. We may use Content from Services that are not our API ("Non-API Content") to help develop and improve our Services. If you do not want your Non-API Content to be used to improve the Services, you can opt out by filling out this form. Please note that this may in some cases limit the ability of our Services to better meet your specific use case.
(c) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We continually work to improve our services to make them more accurate, reliable, secure, and useful. Due to the probabilistic nature of machine learning, using our services may sometimes result in inaccurate Output that does not necessarily reflect the actual origin of the Input. You should consider the accuracy of all Output according to your use case, including by using human review of the Output.
4. Payment and Fees
(a) Fees and Billing. You shall pay all fees charged to your account ("Fees") in accordance with the prices and terms on the relevant pricing page, or as otherwise agreed in writing between us. We reserve the right to correct pricing errors or mistakes, even if we have already issued an invoice or received payment. You shall provide complete and accurate billing information, including a valid and authorized payment method. We will charge your payment method periodically as agreed, but may reasonably change the date of when the charge is posted. You give Verklig.ai and our affiliates, as well as our third-party payment processors, permission to charge your payment method for the Fees. If your payment cannot be completed, we will provide you with written notice and may suspend access to the services until payment is received. Fees are payable in Norwegian Kroner and are due upon invoice issuance. Payments are non-refundable, unless otherwise stated in this agreement.
(b) Taxes. Unless otherwise stated, Fees do not include state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all taxes related to your purchase, except for taxes based on our net income, and we may bill you for such taxes. You agree to pay such taxes on time and provide us with documentation showing payment, or other documentation as we may reasonably require. Verklig.ai uses the name and address in your account registration as the delivery location for tax purposes, so you must keep this information accurate and up to date.
(c) Changes in Prices. We may change our prices by posting notice to your account and/or on our website. Price increases will take effect 30 days after they are posted, except for increases made for legal reasons or increases made to Beta services (as defined in our service terms), which will take effect immediately. Any changes in prices will apply to the fees charged to your account immediately after the effective date of the changes.
(d) Disputes and Late Payments. If you wish to dispute any fees or taxes, please contact ar@verklig.ai within thirty (30) days from the date on the disputed invoice. Undisputed overdue amounts may be subject to a finance charge of 1.5% of the unpaid amount per month. If any of your fees are overdue, we may suspend your access to the services after providing you with written notice of late payment.
(e) Free Tier. You may not create more than one account to benefit from credits offered in the free tier of the services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop your access to the services.
5. Confidentiality, Security, and Data Protection
(a) Confidentiality. You may be given access to confidential information from Verklig.ai, its affiliates, and third parties. You may use confidential information only as necessary to use the services in accordance with these terms. You may not disclose confidential information to any third party, and you shall protect confidential information in the same manner as you protect your own confidential information of a similar nature, using at least reasonable care. Confidential information means non-public information that Verklig.ai or its affiliates or third parties designate as confidential or that reasonably should be considered confidential under the circumstances, including software, specifications, and other non-public business information. Confidential information does not include information that: (i) is or becomes publicly available without fault on your part; (ii) you already have in your possession without any confidentiality obligations when you received it in accordance with these terms; (iii) is lawfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using confidential information. You may disclose confidential information when required by law or by a valid order from a court or other authority, if you provide reasonable written notice to Verklig.ai in advance and make reasonable efforts to limit the scope of the disclosure, including assisting us in challenging the disclosure claim, where possible.
(b) Security. You must implement reasonable and appropriate measures to secure your access to and use of the services. If you discover any vulnerabilities or breaches related to your use of the services, you must immediately contact Verklig.ai and provide details of the vulnerability or breach.
(c) Processing of Personal Data. If you use the services to process personal data, you must provide legally sufficient privacy notices and obtain necessary consents for the processing of such data, and you confirm to us that you process such data in accordance with applicable law.
6. Duration and Termination
a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by ceasing to use the Services and Content. We may terminate these Terms for any reason by providing you with at least 30 days' advance notice. We may immediately terminate these Terms with notice to you if you materially breach Section 2 (Usage Requirements), 5 (Confidentiality, Security, and Data Protection), 8 (Dispute Resolution) or 9 (General Terms), if there are changes in relationships with third-party technology providers beyond our control, or to comply with law or government requests. We may suspend your access to the Services if you fail to comply with these Terms, if your use constitutes a security risk to us or any third party, or if we suspect that your use is fraudulent or may expose us or any third party to liability.
(b) Effect of Termination. Upon termination, you will cease using the Services and you will immediately return or, if instructed by us, destroy all Confidential Information. Sections of these Terms that by their nature should survive termination or expiration will continue to apply, including, but not limited to, Sections 3 and 5-9.
7. Indemnification; Disclaimer; Limitations of Liability
(a) Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates, and our personnel from claims, losses, and expenses (including attorneys' fees) arising from or related to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES, AND DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURED OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRIOR TO THE LIABILITY ARISING, OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVERS:
(a) Mandatory Arbitration. You and Verklig.ai agree to resolve all current or past claims related to these terms or our services through final and binding arbitration, except that you have the right to opt out of these arbitration terms and any future changes to the arbitration terms by completing this form within 30 days of accepting these arbitration terms or the relevant changes.
(b) Informal Dispute Resolution. We wish to understand and try to resolve your concerns before formal legal action. Before you raise a claim against Verklig.ai, you agree to try to resolve the dispute informally by sending us a message at dispute-resolution@verklig.ai with your name, a description of the dispute, and the relief you seek. If we cannot resolve a dispute within 60 days, you may bring formal proceedings. Any statute of limitations will be tolled during the 60 days of dispute resolution. If you reside in the EU, the European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party can initiate binding arbitration through ADR Services, an alternative dispute resolution provider. Parties will equally share the costs of arbitration fees. If the arbitration court finds you cannot afford to pay the arbitration fees and cannot obtain a waiver, Verklig.ai will pay them for you. Verklig.ai will not seek to recover its attorney fees and costs in arbitration unless the arbitration court determines that your claim is frivolous.
(d) Arbitration Procedures. The arbitration proceeding will be conducted via telephone, based on written submissions, video conference, or in person in Trondheim, Norway, or another mutually agreed location. The arbitration will be conducted by a single arbitrator appointed by the district court. All questions are for the arbitrator to decide, except that a Norwegian court has jurisdiction to decide (i) the scope, enforcement, and arbitrability of this Section 8, including the mass submission procedures described below, and (ii) whether you have met the pre-arbitration requirements of this section. The size of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator has determined the final award, if any.
(e) Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) the pursuit of temporary injunction or other equitable relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights.
(h) Severability. If a part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a conclusion of partial illegality or unenforceability would allow mass submissions or group or representative arbitration, then this Section 8 will be entirely unenforceable. Nothing in this section shall be deemed to waive or limit the right to seek publicly mandated relief or any other non-waivable right, pending a decision on the substance of such a claim by the arbitration judge.
9. General Terms
(a) Relationship of the Parties. These terms do not create a partnership, joint venture, or agency relationship between you and Verklig.ai or any of Verklig.ai's affiliates. Verklig.ai and you are independent contractors, and neither party has the power to bind the other or incur obligations on the other’s behalf without the other party's prior written consent.
(b) Use of Trademarks. You are not permitted to use Verklig.ai's or any of its affiliates' names, logos, or trademarks without our prior written consent.
(c) Assignment and Delegation. You are not permitted to assign or delegate any rights or obligations under these terms, including in connection with a change of control. Any purported assignment or delegation shall be null and void. We may assign these terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, to any affiliated entity, or as part of a corporate reorganization.
(d) Changes. We may modify these terms from time to time by posting a revised version on the website, or if an update materially affects your rights or obligations under these terms, we will notify you either by sending an email to the email address associated with your account or by posting a notice in the product. Such changes will become effective no earlier than 30 days after we notify you. All other changes become effective immediately. Your continued use of the services after a change implies that you accept the changes.
(e) Notices. All notices shall be in writing. We may notify you using the registration information you have provided or the email address associated with your use of the services. Service is deemed given on the date of receipt if delivered by email, or on the date of sending via courier if delivered by mail. Verklig.ai accepts service of lawsuits at the following address: Verklig.ai, Kjøpmannsgata 59, 7011 Trondheim, Norway, Attention: contract-notices@verklig.ai.
(f) Waiver and Severability. If you do not comply with these terms, and Verklig.ai does not act immediately, it doesn't mean that Verklig.ai gives up any rights. Except as set forth in Section 8, if a part of these terms is found invalid or unenforceable by a competent court, that provision shall be enforced to the maximum extent permissible, and it will not affect the validity or enforceability of any other provisions.
(g) Export Controls. The services may not be used in or for the benefit of, exported to, or re-exported to (a) any of the U.S.A.'s embargoed countries (collectively referred to as "Embargoed Countries") or (b) anyone listed on the U.S.A.'s Treasury Department's list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Assets Control, or the U.S.A.'s Commerce Department's list of Denied Persons or Entities, or any other restricted party lists (collectively referred to as "Restricted Party Lists"). You warrant and represent that you are not located in any of the Embargoed Countries and not listed on any such Restricted Party Lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end-users directly.
(h) Equitable Procedures. You acknowledge that if you violate or breach these terms, it may cause irreparable harm to Verklig.ai and its affiliates, and Verklig.ai is entitled to seek injunctive relief against you in addition to any other remedies available under the law.
(i) Entire Agreement. These terms and any guidelines incorporated into these terms, constitute the entire agreement between you and Verklig.ai regarding the use of the Services and, except for any service-specific terms of use or applicable enterprise agreements, supersede any prior or contemporaneous agreements, communications, or understandings between you and Verklig.ai concerning the subject matter.
(j) Jurisdiction, Venue, and Choice of Law. These terms shall be governed by the laws of Norway. Except as set forth in the "Dispute Resolution" section, all claims arising out of or in connection with these terms shall be brought exclusively in the district court of Trøndelag.