1.1. The following terms and conditions, together with any other documents expressly incorporated herein (collectively, the "Terms"), constitute an agreement between you ("you", "your" or "user") and Sunstone AS, a company incorporated and registered in Rådhusgata 4, 0151 Oslo, Norway, company registration number 922 343 217 ("Sunstone", "we", "our" or "us"), and apply to your use of the services provided through our website or application (the "Services").
1.3. Sunstone reserves the right to change, suspend, or discontinue any aspect of the Terms and amend any aspect of the Terms at its sole discretion at any time.
1.4. Sunstone's relationship with you under the Terms is as a service provider only. Unless otherwise expressly agreed on in writing, Sunstone does not accept any terms other than those specified in these Terms in relation to you as a user.
1.5. By accepting these Terms, you agree to receive electronic communications from Sunstone. Such communications may include information about the Service and other information relevant to our provision of the Services.
2.1. Sunstone grants you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the Terms, to access and use the Services solely for approved purposes as determined by Sunstone. Any other use of the Services is expressly prohibited. Sunstone reserve all rights in the Services, and you agree that the Terms do not grant you any rights in, or licenses to, the Services except for the limited license set forth herein.
2.2. You may gain access to our Services via our website or our application. Regardless of the access method chosen, the Services will be provided by Sunstone and subject to these Terms.
2.3. Except as expressly authorised by Sunstone, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of the Terms, your permission to access and use the Services may be terminated pursuant to the Terms.
2.4. Sunstone may immediately suspend or terminate your access to the Services without notice if we believe you are in violation of the Terms or any other agreement that may be in place between you and Sunstone related to your use of the Services.
3.1. You agree and understand that by using the Services, you shall act in compliance with all applicable laws, including the rules and directions of any applicable regulatory authority. Failure to do so may result in the suspension of your ability to use the Services.
4.1. By using the Services, you certify that you:
4.2. If any (or we suspect that any) of the information that you have provided to us is not complete, accurate, up-to-date or misleading in any respect, or you fail to provide updates to any information that you have provided to us to ensure that it is complete, accurate, up-to-date and not misleading in any respect on a timely basis, we may suspend your ability to use the Services at our discretion.
4.3. We reserve the right to retain your information for business and regulatory compliance purposes, subject to applicable laws.
5.1. You may use the Services directly via the website, the application or by such other mode of access (including but not limited other APIs) as Sunstone may prescribe from time to time, using the user name and password, and any other security features ("User Credentials and Security Passwords") made available to you by Sunstone for the purposes of enabling you to use the Services.
5.2. You are responsible for maintaining the confidentiality and security of any and all User Credentials and Security Passwords. You are only permitted to use the Services using your own User Credentials and Security Passwords. You must not share your User Credentials and Security Passwords with any third party.
5.3. You agree to notify Sunstone immediately if you become aware of any breach of security, loss, theft or unauthorised use of your User Credentials and Security Passwords, or unauthorised use of the Services, or any other breach of security regarding the Services. Sunstone will not be liable for any loss or damage arising from your failure to protect your User Credentials and Security Passwords.
5.4. Sunstone reserves the right to suspend your ability to use the Services if we suspect that the person logged in is not you or we become aware of or suspect that there has been any breach of security, loss, theft or unauthorised use of your User Credentials and Security Passwords.
5.5. In order to access the Services you must have the necessary equipment (such as a computer or smartphone) and access to the Internet. You are solely responsible for your own hardware used to access the Services and are solely liable for the integrity and proper storage of any data associated with the Services that is stored on your own hardware. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material.
5.6. Since the Services are Internet-based, there is a risk of data breaches, Internet vulnerabilities, theft and other cyber-related property crimes. Sunstone encourages its users to take the necessary precautions to reduce such risks on their part by ensuring due care when using the Services, following Sunstone's instructions carefully and acquiring knowledge regarding these risks. To reduce the risk of unauthorized use of the Services, you may not use the Services by using third party providers or by accepting support from any third party.
6.1. Any use of the Services for illegal purposes is prohibited.
6.2. To use "deep link", "page scrape", "robot", "spider" or other automatic device, software, script, algorithm, method or process to access, obtain, copy or monitor any part of Sunstone's property or on any way reproduce or circumvent the functionality of the Services to obtain or attempt to obtain materials, documents or information in a manner not intentionally made available through the Services, is prohibited.
6.3. Probing, scanning or testing the vulnerability of the Services or networks connected to them, or violating the security or authentication measures of the Services or any network connected to the Services, is prohibited.
6.4. To take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Sunstone's systems or networks, or systems or networks connected to the Services, or to use any device, software or routine for the purpose of interfering with the operation of the Services or any other person use of the Services, is prohibited.
6.5. You may not impersonate any other person, manipulate identifiers, or use the Service via social manipulation to disguise the identity or origin of any message or transmission sent to the Services.
6.6. Your use of our Services must not violate any public interest, public ethics or the legitimate interests of others, including but not limited to taking actions that may interfere with, adversely affect or prohibit other customers from using the Services.
6.7. In the event of prohibited use of the Services, Sunstone will take action by cancelling and blocking the Services and, if the violation of these Terms is material, take legal action.
7.1. If you choose to upload content to the Services, you must not submit any content that does not comply with these Terms or applicable laws. For example, the content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the content you submit to the Services.
7.2. In particular, you should not upload sensitive personal data such as information about health, diagnosis, health records, etc. Neither should you upload information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data or data concerning a natural person’s sex life or sexual orientation.
7.3. You retain all of your ownership rights in your content. However, we may remove your content from the Services at any time in case we suspect that the content does not comply with these Terms or applicable laws.
8.1. We do not guarantee that you will be able to access the Services at all times. The Services are made available to you without warranty of any kind, either express or implied. There are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. This could result in the inability to access the Services for a period of time and may also lead to time delays. We may, from time to time, suspend access to the Services, for both scheduled and urgent maintenance.
8.2. You acknowledge and agree that Sunstone shall not have any liability to you or any third party for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between and you, regardless of cause.
8.3. Sunstone may determine not to make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements. In addition, Sunstone may determine not to make the Services, in whole or in part, available to you, depending on your location.
8.4. Although we use our best efforts to keep the information related to the Services as accurate, complete and up to date as possible, there is a risk that the information related to the Services may not be accurate, complete or up to date.
9.1. We reserve the right to change, suspend, or discontinue any aspect of the Services at any time and in any jurisdiction, including hours of operation or availability of any feature, without notice and without liability. We may advise you of any such changes, suspensions or discontinuations but shall have no obligation to do so.
9.2. If you do not agree with any change, suspension, or discontinuance of any aspect of the Services, then your sole and exclusive remedy is to terminate your use of the Services. You agree that neither we nor any other Indemnified Party shall be liable to you or any third party for any losses suffered as a result of any such changes, suspensions, discontinuations or decisions.
10.1. We reserve the right to amend any part of the Terms, at any time, and the changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the posting of the revised Terms and shall apply on a going-forward basis after the posting date. You acknowledge that it is your responsibility to check the Terms periodically for changes.
10.2. If you do not agree with any amendments to the Terms, your sole and exclusive remedy is to terminate your use of the Services. You agree that neither we nor any other Indemnified Party shall be liable to you or any third party for any Losses suffered as a result of any amendment of the Terms.
12.1. Where not already specified in the Terms above, the Services are provided on an "as is" basis and your use of the Services are solely your responsibility. You are also solely responsible for the consequences of your access to, and use of our Services and any losses or expenses incurred as a result of the use of our Services. Sunstone shall not be liable to you in contract, tort (including negligence), equity, statute or any other cause arising out of or in connection with the Terms (or arising out of or in connection with: your inability to use the services; any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; unauthorized access to or alteration of your transmission or data; or any other matter relating to the Services) for:
1. incidental, punitive, exemplary or other special loss or damage; or loss of profit; loss of revenue, loss of goodwill, loss of use, loss of business or contract, lost opportunities, increased costs or expenses, loss of savings, any liability voluntarily assumed by you, or loss or damage to data, in each case regardless of whether such loss or damage was direct or indirect, foreseeable or unforeseeable; or
2. indirect or consequential loss of damage.
12.2. You acknowledge and agree that Sunstone relies on one or more third parties for the purposes of providing the Services. The third parties are independent third parties and are not agents to or subcontractors to Sunstone. Sunstone shall not be liable for the acts or omissions of any third party, or any losses arising from the fault of any third party, such as a failure by a third party to comply with applicable laws or any reasonable instructions provided by Sunstone.
12.3. Sunstone shall not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of the services, including but not limited to any losses, damages or claims arising from: user error such as forgotten passwords, server failure or data loss; unauthorized access to the Services; or any third party activities, including without limitation the use of viruses, phishing, or other means of attack against your computer or any blockchain network underlying the services.
12.4. Sunstone shall not be liable to you: (i) in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; (ii) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack; or (iii) for your use of the Internet to connect to the Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced.
13.1. The Terms shall be governed by, and construed in accordance with, Norwegian law.
13.2. Any disputes and claims that arise in connection with these Terms or the Services shall be settled by a general court in Norway with Oslo district court as the first instance.
14.1. If a competent court assesses that any provision of these Terms is invalid or unenforceable, this shall not affect the validity and enforceability of the Terms in general, which shall continue to have continued validity unchanged.
14.2. The Terms constitute the entire agreement between you and Sunstone. Other practices or usages between the parties shall not be used to modify, interpret, supplement or change these Terms.
14.3. Sunstone's failure or delay in exercising any right under these Terms shall not be construed as a waiver of such right.
14.4. Force majeure: Sunstone is not responsible for any kind of damage you may suffer from events beyond Sunstone's control. These events include, but are not limited to, explosion, fire, flood or other accident, epidemic, pandemic, sabotage, war event, strike or other labor-related conflict, changes in laws or regulations or other government action. The conditions regarding strikes or other work-related conflicts also apply in cases where Sunstone undertakes or is the subject of such a conflict. In addition to what is normally understood as events beyond Sunstone's control, further events that make the provision of the Services more costly or burdensome for Sunstone compared to what is the case under normal circumstances shall be considered covered.
14.5. The customer is not entitled to assign any rights or obligations under these Terms.