Terms and Conditions
Last revised: 02 February 2024
By using Ordinary Objects’ services, as described below in section 2, you hereby agree to our terms and conditions, as set out in this document (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, you cannot use Ordinary Objects’ services. Therefore, please review these before using or accessing the services offered by Ordinary Objects.
In these Terms and Conditions, the words “you”, “your”, and “User” means each and every person or company that uses/has user access to the Ordinary Objects’ services. “Ordinary Objects”, “we”, “us” and “our” means Ordinary Objects AS.
2. Ordinary Objects' services
Ordinary Objects provides a desktop application that enables the design and prototype of several different experiences with contributions of several different Users. In addition, Ordinary Objects provides a mobile application that allows for replaying and visualization of the prototypes. The desktop application and mobile application apps will in the following be collectively referred to as the “Services”.
3. Limited License / User rights
As a User, you are granted a limited right to utilize the Services offered by Ordinary Objects. Ordinary Objects grants you a non-exclusive, non-transferable, revocable, non-sublicensable, limited license, to use and access the Services and to download the applications, subject to the terms and conditions stated herein and where relevant in any other related agreement or appendices hereto.
You may not (i) copy, transmit, transfer, modify or create derivative works, reverse engineer, reverse compile, reverse assemble or otherwise determine or derive source code of the Services, nor permit or authorize any third party to do any of the foregoing; (ii) wrap the Services for resale, reuse, embed or otherwise attempt to “white label” the Services with your own application(s) or otherwise; or (iii) use the Services for any unlawful purposes or in furtherance of illegal, deceptive or harmful activities.
All content made available to you by Ordinary Objects through the Services, or any other medium, including but not limited to any final designs and prototypes (these parts of the content are defined as “Results”), is the proprietary information of Ordinary Objects. Ordinary Objects shall however not publish or otherwise use the Results in marketing materials or other purposes not covered by the license granted in section 4 paragraph 3 unless previously approved by you. Exclusively related to the Results, Ordinary Objects grants you an exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense, under all relevant intellectual property rights. This includes the right modify, copy, distribute, reproduce, republish, download, or share such Results. You may also create derivative works from the Results.
4. User Content
In order to make use of the Services, you will need to upload several different kinds of information about your projects to the Services, including, but not limited to, description, measurements, requirements, parameters, designs, drawings, code, 3D models, images, audio files, machine learning parameters, and additional information deemed important by you (collectively, the “User Content”). Ordinary Objects reserves the right, but is not obligated to, reject and/or remove any User Content that Ordinary Objects believes, in its sole discretion, violate these Terms and Conditions or related agreements entered into between Ordinary Objects and you, or a third-party’s copyright.
The Results will be created and developed based on the User Content you provide. The User shall ensure that the User Content is accurate and complete. You acknowledge that the Results of the Services are design prototypes and not a final product or version of the experience, which shall be properly tested and reviewed by the User before further use, and that you are responsible for ensuring compliance with any relevant laws and regulations applicable in relation to, inter alia, the design, production, composition, use, distribution or otherwise of such Results.
The User shall retain all the title, rights, and interests to the User Content. You hereby grant to Ordinary Objects a non-exclusive, non-transferrable, irrevocable license to access and use the User Content in an anonymized and aggregated manner for Ordinary Objects’ own internal commercial or business purposes exclusively to (i) develop the current or new Services and improve quality of tasks, including with the use of machine learning and artificial intelligence, and (ii) create, develop, offer, and/or distribute other features and additional services or products to you and Ordinary Objects’ other customers or prospective customers.
5. Intellectual Property Rights
Ordinary Objects is the exclusive owner of and retains all rights, titles and interests to the Services, and the Results, and all modifications, enhancements, upgrades, and updates thereto, as well as Ordinary Objects’ trade names, trademarks, logos, domain names, copyrights, source and/or object code, data, user data, and trade secrets, and all intellectual property rights therein and thereto (collectively, “Ordinary Objects’ IP”).
The User acknowledges that any feedback you provide to Ordinary Objects through the means of digital channels, such as chat, email, social media, by phone, or otherwise shall be the property of Ordinary Objects, and Ordinary Objects shall have the full right to utilize such feedback for its own commercial purposes. The User shall have no rights to compensation, remuneration, credit or similar in relation thereto.
Except as provided in these Terms and Conditions, neither the User nor Ordinary Objects shall acquire any rights in the foregoing and neither party shall copy, transmit, transfer, modify, or create derivative works of the other’s intellectual property, nor permit or authorize any third-party to do any of the foregoing. There are no implied licenses under these Terms and Conditions.
6. Warranty Disclaimer
The User understands that the Services are still in a trial phase and that Ordinary Objects provides the Services on an “as is” and “as available” basis, without any representation or warranty, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, title, custom, trade, quiet enjoyment, noninfringement, availability or accuracy of information, or that the Services will operate in an uninterrupted, error-free, or completely secure manner or that errors or defects will be corrected.
Ordinary Objects may, from time to time, temporarily suspend or restrict access to the Services, whole or in part, due to software updates or maintenance. We will correct any errors as soon as possible, but do not provide any guarantee for a specific timeframe for the corrections of errors, and Ordinary Objects shall not be held responsible for any loss that may occur due to errors or downtime of the Services. Ordinary Objects is also not responsible for the accuracy, reliability, timeliness, completeness of the data used in the Services.
7. Limitation of Liability
Ordinary Objects shall under no circumstance be held liable by the User or any other person for any direct, indirect, incidental, punitive, special, exemplary, or consequential damages arising out of the use, inability to use, or the results of use of the Services, or these Terms and Conditions.
8. Data Protection and Security
Notwithstanding anything to the contrary, Ordinary Objects may disclose anonymized and aggregated information to prospective investors or acquirers, as long as the data cannot be traced to the specific User. Ordinary Objects may also use anonymized and aggregated User data for its own commercial purposes and interests, such as improvement and development of the Services.
Neither User nor Ordinary Objects cannot transfer their rights and obligations under these Terms and Conditions to a third party without the prior written consent of the other party.
Ordinary Objects reserves the right to change these Terms and Conditions from time to time, at our sole discretion. If changes are made, the date provided above will be updated accordingly. It is your responsibility to consult these Terms and Conditions on a regular basis.
Ordinary Objects may be contacted at: email@example.com
11. Dispute concerning the Terms and Conditions
These Terms and Conditions shall be interpreted and enforced pursuant to the substantive laws of Norway. Any dispute arising out of these shall be subject to the sole jurisdiction of the courts of Norway, with Oslo City Court being the exclusive court of first instance.