Användarvillkor

1. Definitions

In these Terms of Service:

• "Agreement" means these Terms of Service together with any applicable Order Forms and Data Processing Agreement
• "Customer" means the business entity that has entered into this Agreement
• "Services" means the Vexter sales automation and CRM platform and related services
• "User" means any individual authorized by Customer to use the Services
• "Customer Data" means all data submitted by Customer or Users through the Services
• "Subscription Term" means the period during which Customer has paid for access to the Services

2. Acceptance of Terms

By accessing or using the Services, Customer agrees to be bound by these Terms. If Customer does not agree to these Terms, Customer must not use the Services. These Terms constitute a legally binding agreement between Customer and Vexter AS (org.nr 932038870), a Norwegian company located at Møllergata 6, 0179 Oslo, Norway.

3. Service Description

Vexter provides a B2B sales automation platform that includes:

• Email campaign management and automation
• Lead and prospect tracking
• CRM functionality
• Email integration (Gmail, Microsoft 365, IMAP)
• Analytics and reporting
• Team collaboration features

4. Account Registration and Security

4.1 Business Customers Only

Customer represents and warrants that:

• It is a duly organized and validly existing business entity
• It has full corporate power and authority to enter into this Agreement
• The person accepting these Terms has authority to bind Customer
• It will use the Services only for business purposes

4.2 Account Security

Customer is responsible for:

• Maintaining the confidentiality of account credentials
• All activities that occur under Customer's account
• Immediately notifying Vexter of any unauthorized use
• Ensuring Users comply with these Terms

5. Subscription and Payment Terms

5.1 Subscription Plans

Vexter offers various subscription plans with different features and user limits. Details of available plans are provided on our website and may be updated from time to time.

5.2 Payment

• All prices are in NOK (Norwegian Kroner) unless otherwise specified
• Prices are exclusive of VAT and other applicable taxes
• Subscriptions are billed in advance on a monthly or annual basis
• Payment is due upon receipt of invoice
• Late payments may incur interest at the statutory rate under Norwegian law

5.3 Renewal and Cancellation

• Subscriptions automatically renew unless cancelled
• Monthly subscriptions can be cancelled with 30 days' notice
• Annual subscriptions can be cancelled at the end of the subscription term
• No refunds for partial subscription periods

6. Acceptable Use Policy

Customer agrees not to use the Services to:

• Send spam or unsolicited communications
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or interfere with the Services
• Exceed API rate limits or attempt to bypass restrictions
• Use the Services for consumer marketing (B2C)
• Resell or sublicense the Services without written permission

7. Email Compliance

Customer acknowledges and agrees that:

• It will comply with all applicable email marketing laws including CAN-SPAM, GDPR, and Norwegian marketing laws
• It has obtained necessary consents for all email communications
• It will honor unsubscribe requests promptly
• Vexter may suspend or terminate accounts for email compliance violations

8. Intellectual Property Rights

8.1 Vexter's Rights

Vexter retains all rights, title, and interest in and to the Services, including all software, designs, and documentation. Customer receives only a limited right to use the Services during the Subscription Term.

8.2 Customer Data

Customer retains all rights to Customer Data. Customer grants Vexter a limited license to use Customer Data solely to provide the Services and as described in our Privacy Policy.

8.3 Feedback

Any feedback, suggestions, or recommendations provided by Customer may be used by Vexter without restriction or compensation.

9. Data Protection and Privacy

The parties' obligations regarding personal data are set forth in:

• Vexter's Privacy Policy
• The Data Processing Agreement (available upon request)
• Applicable data protection laws including GDPR

10. Warranties and Disclaimers

10.1 Service Availability

Vexter will use commercially reasonable efforts to maintain 99.5% uptime for the Services, excluding scheduled maintenance.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. VEXTER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• VEXTER'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM
• NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• THESE LIMITATIONS DO NOT APPLY TO BREACHES OF CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS

12. Indemnification

Customer will indemnify and hold Vexter harmless from any claims arising from:

• Customer's use of the Services
• Violation of these Terms
• Violation of applicable laws or third-party rights
• Customer Data or content transmitted through the Services

13. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and use it only for purposes of this Agreement. This obligation survives termination for 5 years.

14. Term and Termination

14.1 Term

This Agreement begins on account creation and continues until terminated.

14.2 Termination for Cause

Either party may terminate immediately for material breach if not cured within 30 days of notice.

14.3 Effect of Termination

• Customer's access to Services will cease
• Vexter will delete Customer Data within 90 days unless legally required to retain
• All accrued payment obligations remain due

15. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

16. Governing Law and Disputes

16.1 Governing Law

This Agreement is governed by Norwegian law, excluding conflict of law principles.

16.2 Dispute Resolution

The parties will attempt to resolve disputes through good faith negotiations. If unsuccessful, disputes shall be resolved by the courts of Oslo, Norway.

17. General Provisions

17.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

17.2 Amendment

Vexter may update these Terms with 30 days' notice. Continued use after changes constitutes acceptance.

17.3 Assignment

Customer may not assign this Agreement without Vexter's written consent. Vexter may assign to an affiliate or successor.

17.4 Severability

If any provision is invalid, the remainder of the Agreement remains in effect.

17.5 Waiver

No waiver is effective unless in writing and signed by the waiving party.

17.6 Notices

Notices to Vexter should be sent to hei@vexter.no or the address listed below.

18. Contact Information