Effective November, 22, 2020 - Our Terms of Service has been updated.
Please read these Terms of Service carefully before using Conclude AS’ websites and software (“Services”).
Your access to and use of Conclude’s Services is conditional on your acceptance and compliance with these Terms. These Terms apply to all website visitors and users who use the Services. By accessing or using the Services, you agree to be bound by these Terms.
If you disagree with any part of these terms, you may not access the Services.
These Terms of Service are an agreement (“Agreement”) between Conclude AS, Norwegian business registration number: 913 509 161, (referred to as “Conclude AS”, “Conclude”, “us” or “we”), and You (a natural person 16 years or older, accessing or using our Services, referred to as “You” or “User”). Automated accounts registered by “bots” are not permitted.
Conclude provides companies with a ‘collaboration application platform’, serviced as software on a subscription basis (“Software-as-a-Service”).
The Agreement governs your access to and use of Conclude’s Services on concludeapp.com and other related websites (“Websites”), Conclude’s Slack application, and other content, service, support, or document provided to You by us as a User of the Services, or You as a representative of a company using Conclude’s Services (referred to as “Customer”).
Your (continued) use of the Services shall constitute your acceptance of this Agreement. We will occasionally review and modify this Agreement. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide a message on our website to inform when new Terms are taken into effect. What constitutes a material change will be determined at our sole discretion. By continuing to use the Services, you agree to any potential modifications of this Agreement.
The content and information included in these Services are provided by us, our affiliates, sub-contractors, business partners, other users, and third-party suppliers, and made available by us subject to this Agreement.
In the event of any discrepancies between this Agreement and any other agreement you may have with Conclude, this Agreement shall prevail.
2. The right to use the Services
3. Service Description
Conclude provides Customers with the ability to create, deploy, and execute Conclude conversation apps (“Conclude Apps”), which are collaboration applications that operate in conjunction with the Business Communication Platform Slack.
A Conclude App is a computer program designed to help Customers with collaboration activities, including, but not limited to incident management, approval workflows, bug reporting, and company service desk tickets.
Conclude supplies Customers with conversation app blueprints (“Blueprints”) that are generic implementations of collaboration activities. Customers may use and modify these Blueprints to create Conclude Apps for their collaboration activities (an “Activity” refers to a single instance of a workflow or a task, e.g., an incident entered into Conclude, a bug report, a service desk ticket).
Customers may execute Conclude Apps from Slack or from our websites to create new collaboration activities, or to modify existing ones.
As of today, Conclude offers two different service plans to our Customers, referred to in this Agreement as “Basic Plan” and “Business Plan”. In the future, however, we may provide a broader or narrower selection of Service plans.
Both plans include features for creating, deploying, and executing Conclude Apps in a Business Communication Platform.
The distinguishing feature between the plans mentioned above is the number of Activities that Customers may create. The Basic Plan limits the number of Activities to 30. The Business Plan does not limit the number of Activities. We may increase or decrease the Basic Plan limit in the future.
The Business Plan also provides features and functionality not found in the Basic Plan. As we are continually revising and developing our service offering, these features will vary in the future. For more details, please contact us.
4. New versions of the Service
The Services offered by us are updated continuously, and Conclude may at any time change the Services provided, including adding or deleting features and functionality, as well as decreasing or increasing the limit placed on the numbers of Activities in the Basic Plan.
We will not make changes to the Paid Services (the Business Plan) that materially reduce the value or functionality provided to you. For our Free Services (the Basic Plan, or any other Service delivered for free) , we may make changes that materially increase or reduce the functionality provided to you. New versions of the Services are included and made available to You, according to your Service Plan, when new releases are made publicly available. However, we may release new updates to sub-segments of our Users to test new functions before they are made available to all Users.
Unless specified, new modules, features, or extra Services not included in the descriptions of existing service offerings may be offered to Customers and Users as separate Service offerings, that are charged separately.
We may choose to deliver additional modules, features, or services to our Customers that are not part of the paid plan. These services will be charged separately.
5. Pricing and payments
For the Business Plan, the prices and payment details are governed by a separate Order Confirmation. Our Basic Plan is provided to You free of charge.
The subscription price for the Business Plan is based on the number of Active Users in a rolling 90-day window. An Active User is a person who creates or modifies a Conclude App or participates in a Conclude activity by writing comments or changing the attributes. For details about pricing and payment, see our pricing page.
Conclude calculates and presents the number of Active Users on the Conclude Home’s Dashboard page in Your team’s Slack workspace.
We may charge for additional services, not within the regular scope of our Services. Any such arrangement requires a separate agreement and is not governed by these Terms.
Conclude may at any time audit your use of the Services to ensure that the Services are used in accordance with this Agreement. Such Audits shall not be more elaborate than what is necessary to ensure that your use of the Services is in accordance with this Agreement.
Information we encounter during such Audits shall be treated confidentially and shall only be shared and processed internally to the extent necessary to determine whether your use of the Services is following this Agreement. We may share information gained from such Audits with third parties, only in the cases where this is necessary to recover claims against You as a Customer.
7. Faults and problems with the Services
The Services are provided ‘AS IS’. The User accepts that the Services may have ‘faults’, ‘bugs’, ‘down-time’, and in general, may be unavailable or unable to fulfill its purposes for some periods.
Customers may cancel their purchase if they encounter lasting problems to core aspects of the Services, which makes the Service worthless to the Customer.
Customers are entitled to a fair price reduction for any Services which are of significantly reduced value to the Customer for an extended time, due to ‘faults’, ‘bugs’ or ‘down-time’. Such price reductions cannot be demanded for more than 14 days before Conclude was notified of the problem. Please see paragraph 13 about Limitation of Liability.
8. Intellectual Property Rights
By this Agreement, the Customers and Users do not acquire any intellectual property rights to the Service, documentation, trademarks, or anything else.
The Customers and Users cannot change, copy, license, resell or otherwise control the Service or other intangible assets owned by Conclude or our suppliers, unless otherwise agreed in writing with Conclude.
The Customers and Users shall not, in addition to what follows from mandatory legislation, make or attempt to undertake any “reverse engineering” of the Service, cf. The Norwegian Copyright Act (“Åndsverksloven” 39 i).
9. Customer Breach
Customers using the Basic Plan: If the Customer exceeds the limited number of Activities allowed by the plan, they are required to upgrade to the Business Plan or immediately stop using Conclude. The Customer will be in breach of this Agreement if they continue to use Conclude after reaching the Activity limit.
Customers using any paid plan: In the event of non-payment of the invoice at the due date, as outlined in the Customer’s Order Confirmation, Conclude may close the Customer’s access to the Service. In the event of Conclude’s cancellation of the Agreement, the Customer shall continue to pay overdue claims, and remuneration already paid shall not be refunded.
Following a breach, Conclude may terminate the Customer’s or User’s access to the Service, or selected parts of the Service until the breach has ceased or has been rectified.
12. Non-acceptable use
You may not (directly or indirectly) use the services in a way that:
– violates a citizen’s right to privacy as stated in the EU General Data Protection Regulation (GDPR) (Found here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en);
– is threatening, harassing, abusive, stalking, or defamatory;
– is false, deceptive, misleading, or fraudulent;
– is invasive of another person’s privacy or otherwise violates another person or company’s legal rights (e.g. rights of privacy and publicity);
– contains vulgar, indecent, obscene, or unlawful material;
– infringes on a third party’s intellectual property right(s);
– publishes, uploads, or otherwise distribute any material protected by intellectual property laws (or by rights of privacy or publicity) without the necessary rights and consents to do so;
– uploads corrupted files, files that contain viruses, or any other software or programs that may damage the operation of the service or another’s computer;
– downloads any file that you know, or reasonably is expected to know, cannot be legally distributed in such a way;
– falsifies or deletes any information of the origin or source of software or other material contained in a file that is uploaded;
– restricts or inhibits any other User of Conclude’s Services from using and enjoying the service;
– scrapes or otherwise collects information about other Users, including e-mail addresses, without their consent;
– is legally actionable between private parties;
– reduces the security of the Conclude’s Services;
– is aimed at accessing data not intended for You;
– attempts to probe, scan or test the vulnerability of any of Conclude’s Services or try to breach the security or authentication measures without authorization;
– violates good faith use of the service; or
– violates any applicable local, state, national, or international law or regulation.
If we suspect the Terms of Service are violated, Conclude reserves the right to block the affected Customer’s account temporarily, ban the suspected responsible User(s) and freeze any potential subscription, while investigating this Agreement’s violation. We further reserve the right to refuse access to the Service for Users and Customers who have repeatedly or severely violate these Terms.
We encourage all Users of our Services to help us ensure the quality of the product by reporting (e.g., to firstname.lastname@example.org) any knowledge or suspicion of violations of acceptable use (as stated here) or use violating the stated purpose of use of the Services.
13. Limitation of Liability
Conclude is not liable for loss/damage, including loss of data, as a result of errors or other circumstances related to the Service, in addition to direct losses as a result of Conclude’s breach of the Agreement, within the scope of the limitations of liability below.
Under no circumstances can the Customers or Users claim compensation for indirect losses. Indirect loss includes, but is not limited to, loss of profits, revenue, anticipated savings, goodwill, loss of or damage to data, loss caused by interruption of production, disruption of the use of the Service, or third party claims (except third party claims based that third party intellectual property rights are infringed). If Conclude, despite the foregoing, is liable for losses incurred by the Customer or User in connection with this Agreement, Conclude’s total liability for damages in a calendar year shall in all cases be up to 25% of the annual invoiced amount, excluding VAT.
14. Closing of Service
We reserve the right to change, stop, or limit the use of our Basic Plan (or any other Free Services) at any time without prior notice. For Customers on the Basic Plan (or any other Free Services), we may terminate or deactivate your access to Conclude due to inactivity after 60 days. For Customers on the Business Plan, where the renewal date has expired, we may terminate or deactivate the account after 60 days.
The Customer’s responsibility is to download or backup all information related to Conclude before any termination occurs. We do not take responsibility for making such data available to Users after the termination of the Service.
Notices pursuant to this agreement shall be sent by mail to email@example.com.
16. The Customer’s Data
The Customer’s data shall be treated with full confidentiality and will not be used by Conclude for any other purposes than to fulfill Conclude’s obligations to the Customer or to control the Customer’s use of the Services as described above.
17. Governing Law & Venue
The agreement is governed by Norwegian law. Any disputes arising out of this Agreement shall be solved by negotiation. Oslo District Court is adopted as a venue.