Free Trial
License Agreement

1.1 Subject to compliance with these Terms, the Customer is granted a non-exclusive, non-transferable, non-sublicensable, revocable license, royalty-free, to use the Service (the “License”).

1.2 The License is granted to the Customer solely for the purpose of for internal testing, evaluation and non-commercial purposes, and to provide the Customer with a basis of consideration for whether to subscribe to paid versions of the Service.

1.3 The License is provided without any warranties whatsoever, expressed or otherwise implied, as to the performance or use of the Service and the License is hereby explicitly excepted from any service level obligations, support obligations, backup obligations or other similar obligations of any sort. The Customer shall be fully and solely responsible for its use of the Service under the License granted herein.

1.4 Appfarm reserves the right, under its sole and absolute discretion, to cancel, delete and suspend the License granted hereunder at any time, and/or any of Customer’s access to the Service or any content uploaded to the Service, without prior notice or reason.

1.5 In the event that the Customer wish to subscribe to a paid version of the Service, these Terms shall be replaced by Appfarm’s standard Software Service Agreement.

‍

2.1 The Customer may not, and shall not allow any third party to, assign or otherwise transfer the License or access to the Service, and shall not demonstrate, disclose, make available to, or permit use of the Service in whole or in part to any third party without Appfarm’s prior written consent. In the event of Customer’s breach of the obligation set out herein, the Customer shall pay to Appfarm a minimum penalty of NOK 100 000. The obligation to pay such penalty shall incur without prejudice to Appfarm’s right to claim compensation for damages or losses exceeding the minimum penalty amount, and without prejudice to any other remedies granted to Appfarm pursuant to the Terms or applicable law.

2.2 The Customer may not use the Service to develop, test, host or run and operate applications on behalf of any third parties without Appfarm’s prior written consent. The Customer shall not use the Service or any information related to the Service, nor any results of such use, in relation to any commercial purposes, in any third party processes or for any other external purposes.

2.3 The Customer shall not use the Service to, or attempt to, violate or circumvent the security of any computer network, passwords, software, encryption measures or other protection measures, or use the Service in any harmful way.

2.4 The Customer shall not use the Service to engage or enable others to engage in any kind of illegal or unethical activity. The Customer shall not decompile, reverse engineer, disassemble or attempt to derive any source code of any software or component of the Service.

2.5 All use of the Service is otherwise subject to any Acceptable Use Policy for Appfarm that is in effect at any given time and further subject to the technical restrictions applicable at any time.

2.6 The Customer remains solely responsible for the content uploaded to the Service by it or its employees or representatives. This also includes, but is not limited to, a responsibility to ensure compliance with all applicable privacy regulations and legislation, third party rights, and any other applicable legislation. Appfarm shall be held harmless from any liability or damages for any breach of such third party rights or legislation/regulations. In the event that an infringement or breach is reported to the Customer, the Customer is responsible for taking all immediate steps and actions required to remedy the situation, which could include suspending or removing access to an application or deletion or removal of associated content.

‍

3.1 By virtue of the License and the Customer’s use of the Service, Appfarm may disclose to the Customer, or the Customer may gain access to, information related to the Service or Appfarm, such as product, company and service information and presentations, description of functionalities, data sheets, prototypes, technical documentation and similar information related to the Service or Appfarm (the “Information”).

3.2 Unless otherwise is explicitly specified by Appfarm, the Customer shall maintain the Information strictly confidential, and shall not reveal, disclose or by any means transfer to a third party, or use any Information for any other purposes than set out in these Terms. Customer shall not make any unauthorized copies of the Information. Appfarm retains all rights, including intellectual property rights, in and to the Information.

3.3 This confidentiality obligation applies to all staff and other personnel acting on behalf of the Customer. The Customer is obliged to take necessary precautions in order to avoid information or any other material being disclosed to others in violation of these regulations. Employees or other personnel that resign from the Customer shall be obliged to secrecy also after their resignation.

3.4 Notwithstanding anything to the contrary in these Terms, the obligations set out in this section 3 shall remain in force after termination of the License and/or these Terms for any reason.

4.1 These Terms and the License shall enter into force upon Customer’s first use of the License or upon Information being disclosed to the Customer, as the case may be, and shall remain in force for the duration of the License or until terminated by either party for whichever reason.

4.2 Upon termination of the License for whichever reason, all of Customer’s application data andother Customer materials will be permanently deleted from the Service, unless otherwise is explicitly agreed between the Parties. Further, the access rights for the Service will be terminated accordingly.

5.1 Appfarm retains all ownership and intellectual property rights in and to the Service, hereunder its trademarks, design and visual presentations as well as the software tools and components included in the Service used for creation of the Customer’s application(s) and any improvements and modifications thereto. Nothing in these Terms shall be interpreted to grant (by implication or otherwise) any license or right to the Customer except as expressly stated herein.

5.2 The Customer hereby grants to Appfarm any and all rights to all intellectual property created by the Customer through use of the Service, including, but not limited to, application models, business logic and functionality, including the “look and feel” of the applications created by or for the Customer through use of the Service, if and to the extent that such rights are protectable under applicable law.

5.3 The Customer hereby grants a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by Customer to Appfarm, relating to the operation of the Service. Appfarm retains all rights not expressly granted to Customer in these Terms.

5.4 The Customer retains any and all rights and ownership to all data generated by the Customer and hosted through the Service. This includes user-generated data (e.g., datasets stored in databases linked to the Service) and files (e.g., documents and images). The Customer hereby grants to Appfarm a royalty-free, worldwide, irrevocable, perpetual license to use any such data in any way which would otherwise be an infringement or misappropriation thereof.

6.1 The Customer shall not host or otherwise process any personal data (as defined in (EU) 2016/679 General Data Protection Regulation article 4 (1)) through the Service without Appfarm’s prior written consent. Appfarm shall in no event be responsible, or otherwise liable, for any personal data processed by the Customer through the Service, and the Customer shall indemnify and hold Appfarm harmless from any liability, damages, fines or similar incurred through Customer’s breach of the obligations set out herein.

6.2 Notwithstanding the above, it may be necessary for Appfarm to process personal data related to the Customer or Customer’s employees or representatives to be able to provide the Service to the Customer under these Terms, such as when a person representing the Customer registers for a user account on the Service. Appfarm’s processing of such data is described in Appfarm’s Privacy Policy, which the Customer shall ensure that its employees or representatives read and understand before using the Service.

7.1 To the maximum extent permitted by applicable law, the Service is provided “as is” without warranty of any kind. Appfarm does not provide any warranties or guaranties, express or otherwise implied, including warranties of merchantability, satisfactory quality and fitness for a particular purpose or non-infringement.

7.2 The Customer shall hold Appfarm harmless from any damages, third party claims or liability resulting from the Customer’s use of the Service or Information and which constitutes a violation of the Customer’s obligations set out in the Terms, including, but not limited to the Customer’s breach of any intellectual property obligations, confidentiality obligations or restrictions of use as set out herein. The Customer shall be liable for both indirect and direct damages and/or losses incurred by Appfarm resulting from Customer’s violation of these Terms.

8.1 This Agreement is governed by the substantive laws of Norway and any and all disputes related to Agreement are subject to the exclusive jurisdiction of Oslo tingrett (municipal court).