1. Introduction and Parties
These Terms of Use (“Terms”) govern the use of services provided by:
CloudBiz AS
Organization Number: 918 465 952
VAT Number: NO918465952MVA
D-U-N-S Number: 346244342
Tiursvingen 25, 1407 Vinterbro, Norway
Email: post@cloudbiz.no | Phone: +47 23 96 6000
By using our services, you accept these Terms. If you represent a legal entity, you confirm that you have the authority to bind that entity.
2. Definitions
In these Terms, the following terms have these meanings:
- “Services”: All digital solutions, web development, API integrations, software, and associated support services delivered by CloudBiz AS.
- “Customer”: The legal or natural person entering into an agreement for use of the Services.
- “User”: Any person using the Services on behalf of the Customer.
- “API”: Application Programming Interface enabling integration between systems.
- “Customer Data”: Data that the Customer or Users upload, store, or process via the Services.
- “Google Business Profile Integration”: Features using the Google Business Profile API to manage business profiles.
3. Service Description
CloudBiz AS delivers the following services:
Web Development and Applications
Professional websites, web applications, and customized digital solutions developed according to Customer specifications.
AI-Driven Automation
Implementation of artificial intelligence for analysis, automated workflows, and optimization of business processes.
API Integrations
Integration services including Google Business Profile integration allowing Customers to manage business profiles, publish posts, and retrieve statistics via our solutions.
Maintenance and Support
Ongoing maintenance, updates, and technical support for delivered solutions.
CloudBiz AS reserves the right to update and improve the Services. Significant changes affecting functionality will be notified with reasonable notice.
4. Access and User Account
Registration
The Customer is responsible for providing correct and updated information during registration and throughout the contractual relationship.
Account Security
The Customer is responsible for keeping login information, API keys, and OAuth access confidential. CloudBiz AS must be immediately notified of suspected unauthorized access.
Authorized Users
The Customer is responsible for all actions performed by Users with access to the Customer’s account.
5. Acceptable Use
Permitted Use
The Services shall be used exclusively for lawful business purposes in accordance with these Terms and applicable law.
Prohibited Use
The Customer shall not:
- Use the Services for illegal purposes or activities
- Attempt to gain unauthorized access to systems or data
- Distribute malicious software or code
- Infringe third-party intellectual property rights
- Share access information with unauthorized parties
- Use automated tools to overload systems
- Misuse API access beyond agreed scope
- Use the Services in ways that may damage CloudBiz AS’ reputation
In case of breach of these provisions, CloudBiz AS may immediately suspend or terminate access to the Services.
6. Intellectual Property Rights
CloudBiz AS’ Rights
All intellectual property rights to the Services, including software, source code, design, documentation, and trademarks, belong to CloudBiz AS or our licensors. The Customer is granted a limited, non-exclusive, non-transferable license to use the Services during the contract period.
Customer’s Rights
The Customer retains all rights to Customer Data. For customized solutions, ownership of developed materials is specified in the individual agreement.
Feedback
Any suggestions or feedback the Customer provides regarding the Services may be freely used by CloudBiz AS without compensation.
7. Google Business Profile Integration – Special Terms
Authorization
When using Google Business Profile integration, the Customer authorizes CloudBiz AS to act on behalf of the Customer toward Google Business Profile in accordance with permissions granted via OAuth.
Third-Party Terms
The Customer accepts that use of Google Business Profile integration is also subject to Google’s terms of service and policies. CloudBiz AS is not responsible for changes in Google’s APIs or services.
Customer’s Responsibility
The Customer is responsible for ensuring that content published via the integration complies with applicable laws and Google’s policies.
Upon Termination
The Customer may revoke OAuth access at any time via Google’s security settings. CloudBiz AS will delete associated tokens and data within 7 business days.
8. Privacy and Data Security
Processing of personal data occurs in accordance with our Privacy Policy and applicable privacy legislation, including GDPR.
For services where CloudBiz AS processes personal data on behalf of the Customer, the parties will enter into a separate data processing agreement governing the processing.
9. Pricing and Payment
Prices
Prices for the Services are stated in quotes, order confirmations, or the applicable price list. All prices are quoted exclusive of value-added tax (VAT) unless otherwise specified.
Billing
Billing occurs according to agreed payment plan. Standard payment term is 14 days from invoice date.
Late Payment
Late payment incurs interest in accordance with the Norwegian Late Payment Interest Act. CloudBiz AS may suspend access to the Services in case of significant payment default after written notice.
Price Changes
CloudBiz AS may adjust prices with 30 days’ written notice. For ongoing subscriptions, new prices apply from the next billing period.
10. Warranty and Disclaimer
Limited Warranty
CloudBiz AS warrants that the Services will be delivered with reasonable professional skill and care. We do not warrant that the Services will be error-free, uninterrupted, or meet all Customer requirements.
Disclaimer
The Services are provided “as is”. To the extent permitted by law, CloudBiz AS disclaims all implied warranties, including warranties of merchantability or fitness for a particular purpose.
Third-Party Services
CloudBiz AS is not responsible for availability, functionality, or errors in third-party services, including Google’s APIs and platforms.
11. Limitation of Liability
Maximum Liability
CloudBiz AS’ total liability to the Customer is limited to the amount the Customer has paid for the Services in the last 12 months before the claim arose.
Exclusion from Liability
CloudBiz AS is not liable for:
- Indirect loss, consequential damages, or consequential loss
- Loss of profit, revenue, or expected savings
- Loss of data, goodwill, or business opportunities
- Damage caused by third parties or force majeure
Exceptions to the Limitation
The liability limitation does not apply in cases of gross negligence, intent, or breach of confidentiality by CloudBiz AS.
12. Indemnification
The Customer shall indemnify CloudBiz AS for any claim, loss, or cost arising from:
- Customer’s breach of these Terms
- Customer’s breach of applicable law
- Content uploaded or published by the Customer via the Services
- Customer’s use of the Services in a manner that infringes third-party rights
13. Duration and Termination
Contract Duration
The agreement applies from acceptance and continues until terminated in accordance with this provision or the individual agreement.
Termination with Notice
Either party may terminate ongoing services with 30 days’ written notice to the end of a calendar month, unless otherwise agreed.
Immediate Termination
CloudBiz AS may terminate the agreement with immediate effect if the Customer:
- Materially breaches these Terms
- Fails to pay due consideration within 14 days after written reminder
- Goes bankrupt or becomes insolvent
Effects of Termination
Upon termination, the Customer’s access to the Services ceases. The Customer may request export of Customer Data within 30 days after termination. After this period, data may be deleted.
14. Force Majeure
Neither party is liable for delay or non-performance due to circumstances beyond the party’s reasonable control, including natural disasters, war, pandemics, strikes, power outages, cyberattacks, changes in legislation, or acts by public authorities.
15. Confidentiality
The parties commit to keeping confidential information received from the other party secret and not using such information for purposes other than fulfilling the agreement. This obligation applies during the contract period and for 3 years after the agreement’s termination.
16. Changes to the Terms
CloudBiz AS may amend these Terms with 30 days’ written notice. Significant changes will be communicated via email to the registered contact address. Continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
17. Governing Law and Dispute Resolution
These Terms are governed by Norwegian law.
The parties shall first seek to resolve disputes through negotiations. If negotiations do not lead to a solution within 30 days, the dispute shall be decided by Oslo District Court as the agreed venue.
18. Miscellaneous Provisions
Assignment
The Customer may not assign their rights or obligations under these Terms without written consent from CloudBiz AS.
Partial Invalidity
If a provision in these Terms is deemed invalid, the remaining provisions shall continue to apply.
Entire Agreement
These Terms, together with any individual agreements and amendments, constitute the complete agreement between the parties.
No Partnership
Nothing in these Terms shall be interpreted as establishing a partnership, joint venture, or employment relationship between the parties.
19. Contact
For questions about these Terms, contact:
CloudBiz AS
Email: post@cloudbiz.no
Phone: +47 23 96 6000
Address: Tiursvingen 25, 1407 Vinterbro, Norway