Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App” refers to our mobile software application;
“Itefy” refers to our company, known as “Bewide AS”; our Site; our Service; depending on the context of the word;
“Service” refers to the services that we provide, including our App and our Site;
“Site” refers to our website, itefy.com, including any of its subdomains;
“User” refers to anyone who uses our Service, including users of our App and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Itefy.
Itefy offers item and equipment tracking and item documentation software, both web-based and as mobile app. Our service is available to anyone and in particular Small and Medium Enterprises.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not:
Payment can be made by means of debit or credit cards. Users may cancel their subscription at any time and their subscription will continue to be available to them for the remainder of their last paid period (there will be no pro rata refunds).
Because we offer an intangible service, refunds are issued at our discretion. Please send a request to email@example.com with full details of your reasons for requesting a refund as soon as they arise. In all cases, Itefy will only refund a maximum of the amount that you have paid for your most recent subscription period.
Additional terms surrounding payment, refunds, and pricing may be published on our Site, in our App, or otherwise communicated to you and are hereby incorporated into this Agreement by reference.
Where a User conducts a chargeback against Itefy, such User shall be liable to Itefy for the full amount of the chargeback as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred in the enforcement of its rights under this section.
Where a User fails to make payment to Itefy, whether as the result of an intentional account cancellation or the inability of Itefy to charge their card, all data with their account may become deleted or inaccessible at Itefy’s sole discretion.
Additional charges may be assessed to you by third parties (such as your mobile service provider) when using our App, including but not limited to data fees. You agree that Itefy is not responsible for the payment of such fees and you are hereby advised to review your contract with your mobile service provider prior to using our App on your device.
Itefy, both in its web software and App form, is offered on a limited license basis. You agree that by subscribing to our Service, you are receiving a licence to use our software on a device owned by the subscribing user. You must not attempt to reverse engineer, copy, or otherwise tamper with or distribute our Service. We may revoke this license to you at any time, at which point you agree that you will take all necessary steps to remove Itefy and any of its derivative data from any device under your possession or control. Our liability in the event of such revocation will be limited to the pro rated unused portion of your current paid subscription period, unless you have breached this Agreement, in which case we shall not have any liability to compensate you at all.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
You will continue to own any content that you publish to our Site. However, Itefy may permit its Users to publicize content on Itefy’s Site. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site or App, you agree that if you choose to share the content publicly, you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Itefy” and “Bewide” are marks used by us, Bewide AS, to uniquely identify our Site, App, Service, and business and, in some cases, Bewide may be a registered or pending-registration service mark or trade mark in your jurisdiction. You agree not to use these terms anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
YOU ACKNOWLEDGE THAT OUR SERVICE MAY BE INCOMPATIBLE WITH YOUR COMPUTER SERVICE FOR REASONS INCLUDING, BUT NOT LIMITED TO, OUTDATED SOFTWARE, DISABLED BROWSER FEATURES, AND DISABLED COOKIES. YOU AGREE THAT ITEFY IS NOT RESPONSIBLE FOR ANY SUCH ISSUES. IF THESE PROBLEMS PERSIST, PLEASE CONTACT ITEFY AND WE WILL ATTEMPT TO FIND A SOLUTION IF IT IS REASONABLE TO DO SO.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the Kingdom of Norway. The offer and acceptance of this contract are deemed to have occurred in the Kingdom of Norway.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Kingdom of Norway. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest of civil court of competent jurisdiction sitting in or closest to the City of Oslo (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Itefy shall have the sole right to elect which provision remains in force.
Itefy reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
Our Service is available to residents of California. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Itefy must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s current contact information, please send a request to firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: January 12, 2015