BETA PROGRAM TERMS
The purpose of these terms (the “Terms”) is to establish requirements for the use of the Service (as defined below) provided by Nomono.
If you are an individual and are entering into the Terms on behalf of a legal entity (such as a company), you represent and warrant that you have due authorisation from the governing body of such entity to enter into these Terms and to bind such entity to all of the terms and conditions of these Terms and to, by accepting the Terms and using the Service, enter into an agreement between Nomono and such entity. By the use of “you” below, is also understood the entity you represent.
Please read the Terms carefully, as they form the requirements for the Service with your rights and obligations, and retain a copy of the Terms for your records.
2. The Service
Description of the Service
The Service comprises a cloud software solution which may connect with recording hardware. The Service may require the purchase and use of such recording hardware, purchased from Nomono or a Nomono retailer/partner, or other third-party hardware providers.
The Service will encompass a content production suite for but not limited to audio. The Service will use advanced signal processing and algorithms for extracting metadata and improving the quality of the uploaded content in general and spatial audio in particular. The Service may be used to edit the uploaded content. The Service may be used to download, share and distribute such processed content, on the user’s discretion. The Service will be using advanced signal processing and artificial intelligence for improving the quality of sound and place the source for sound in the object-based 3D sound format.
In order to use the Service, you must register an account for the processing of the content and access to your content and its metadata, the output of processed content and other information related to the Service as further described below.
The Service is described in more detail on the Nomono website.
Use of the Service
To gain access to and use the Service, you will be required to provide an email address and to create a login and password (collectively, “Login Information”) to enable an account. Within the Service, you must provide additional information which is required.
All required registration information that you provide to Nomono must be current, complete, and accurate and must be kept up to date within the Service or by notification to Nomono on a prompt, timely basis. You agree that Nomono may act in reliance, without investigation, upon any of your Login Information.
Notwithstanding the foregoing, Nomono may require you to change your Login Information if such Login Information is inconsistent with the terms of these Terms or information provided when you register for the Service.
You are solely responsible for all activity occurring in your account under your Login Information. You must keep your Login Information confidential and must not share your Login Information with third parties. Any person using your Login Information is conclusively deemed to have actual authority to use the Service and consequently accessing the Content (as defined below) and are deemed authorised and approved by you, and you hereby agree to indemnify, defend, and hold Nomono harmless from any claims or damages arising from or relating to any such use.
If you intend to authorise employees and/or other persons to use the Service through your account, you agree to cause all other persons who access the Service through your account to comply with these Terms.
- Not to use the Service for any illegal purpose or violate any applicable law, statute, ordinance or regulation, inclusive infringe or violate any rights of publicity or privacy of any individual person.
- You agree that you are solely responsible for avoiding any actions that may be deemed to be violations of such laws and regulations and that Nomono shall bear no responsibility or liability for any such violations committed by you in connection with your use of the Service.
- Not to promote, solicit, comprise or contain abusive, defamatory, excessively violent, false, harassing, inappropriate, indecent, lascivious, lewd, misleading, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material, or material that is harmful to minors.
- Not to provide any corrupted files, trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with the Service, any data, information, property or system of another person.
- Not to decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code or technological know-how of any component of the Service
- Not to interfere with, or disrupt (or attempt to do so) the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
- Not to create, assign, copy, deliver, distribute, lease, loan, modify, pledge, rent, sell, sublicense, timeshare, create derivative works of or otherwise transfer, directly or indirectly, any portion of the Service or any rights thereto.
- Not to access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the area designated to you unless you have been specifically allowed to do so in a separate agreement with us.
Nomono reserves the right, at its sole discretion, to deny access to the Service at any time, and for any reason whatsoever, including without limitation, to comply with the Terms and any applicable law.
Your ability to access and use the Service may require the payments of fees, see “Charging for the use of the Service”.
You acknowledge and agree that your use of the Service may require equipment and/or software that you may need to access or use the Service and that Nomono shall not provide or be responsible in any way for such equipment and/or software.
The Service may include links that will take you to other websites. Such linked sites are provided by Nomono to you as a convenience, and the inclusion of such links does not imply any endorsement by Nomono or the Service of any linked sites.
We may make available functionality allowing you to integrate other services into the Service. Usage of such services will be governed by the Terms applicable for the integrated services used.
Nomono does not generally monitor activity occurring in connection with the Service. However, if Nomono becomes aware of any actual or possible violations by you of any provision of these Terms, Nomono reserves the right to investigate such actual or possible violations and Nomono may, at its sole discretion, immediately terminate these Terms with you, or may change, alter or remove Content, in whole or in part, without prior notice to you.
You confirm that you are the owner or authorised user of all Content related to your use of the Service.
As you provide Content, including sound files, to the Service, you are also responsible that the Content provided to the Service or the use of the Service does not infringe any rights, including any intellectual property rights. See more under “Copyright Infringement”.
You may share content from your account to other users, which must register in the Service, to collaborate on the shared content. You are responsible for the content you share and the information the other user may provide and store on your account.
You agree and accept that neither Nomono nor any of its affiliates shall be liable for any Content or the access, recording, storage or other use by Nomono thereof, including sound files uploaded and possible result of processing sound files and any infringement of another third party’s rights, including without limitation rights of privacy, intellectual property or data protection.
Nomono bears no responsibility or liability for the deletion or accuracy of any Content or processed sound files or other output of the Service. Nomono is not liable for the failure to store, transmit or receive transmission of any Content (whether or not processed by the Service), or the security or privacy by using the Service. Nomono bears no responsibility for Content that is deleted or not available from the Service, and it is your obligation to make and keep back-up copies of any or all Content. See more under “Quality of Service. Updates” and “Liability. Limitation of Liability. Disclaimer of Warranties”.
Data related to your account will be stored for the latest of the last payment of the Service or two years after the last activity on the account in accordance with our Privacy Notice. Prior to deleting the account or deleting any sound files stored with the account, we will notify you of the contact information you have provided in the account. As an alternative to deleting the data, we may anonymise the data so it can no longer be associated with you or an individual person and may be further used for research and statistical purposes, in which case we may use this information indefinitely without further notice to you.
Quality of Service. Updates
The Service is continuously developed, contains complex code and functionality, and consequently may include technical mistakes, interruptions, inaccuracies, and/or typographical errors. As the Service will be continually developed, changes to functionality and layout may be carried out without advance notice. Nomono makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service.
Nomono offers no guarantees and assumes no responsibility or liability of any kind with respect to services from affiliates or third parties, including without limitation any liability resulting from incompatibility between the Service and any third-party services. You agree that you will not hold Nomono responsible or liable for any matter caused by or related to services provided by any third-party.
Nomono has no obligation to, and nothing in these Terms may be construed to require Nomono to, create, provide or install updates to the Service; however, Nomono will from time to time update the Service and carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Nomono will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
These Terms shall automatically incorporate and include any add-on components, amendments, features, modifications, supplements, updates and other functionality or messages related thereto, including without limitation alterations of availability, content, features, functionality, security, storage and other information relating to the Service may provide or make available generally to its customers subject to any additional terms and conditions, including any additional fees and costs, provided by Nomono applicable to such amendments or updates.
The Service or the Content may not be available in certain locations and to certain persons in order to comply with applicable laws and regulations.
The Service may contain cryptographic functionality where the export of such could be restricted under applicable export control laws.
Charging for the use of the Service
The use of the Service may require payment of any fees to Nomono and to affiliates or third parties providing functionality or services within the Service. Information on such payment, inclusive price and payment terms, is included on Nomono’s website and/or when registering for accessing the Service. Nomono may require payment in advance of accessing the Service.
You agree that payments made by you may be facilitated by a payment service on your behalf, and terms for such service may be provided by the payment service provider who applies for your use. If payment is performed using such service, you remain liable for payment of all amounts due under these Terms. Nomono is not liable for any third-party fees for the payment services.
In addition to the fees above, taxes, such as sales tax (VAT) may be imposed in your jurisdiction, and Nomono is not responsible for paying any such fees, charges and taxes.
Nomono may require payment upon renewal of the term for the Service. The term of Service is provided and agreed when you register for the Service, but may be changed by you later. If payment of the renewal of the term of the Service is not made, the Service will be terminated. You acknowledge and agree that we may change our charges, fees and pricing for future renewals of the Service and that the cost of future renewals for the Service may increase.
For fees upon termination, see “Termination”.
3. Intellectual Property Rights
All rights, title to and interest in the Service (excluding the Content you provide as described under “Rights to the Content“) are and will remain the exclusive property of Nomono. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as under international treaties on intellectual property rights.
Your use is granted a limited license for the use of the Service as described under “License”.
All brand names, product names, trade names, domain names, graphics, logos, service marks and trademarks relating to the Service are the property of Nomono or affiliates of Nomono providing functionality or services as part of or connected to the Service, and you are prohibited from using these for any purpose without Nomono’s prior express written consent. Nomono and its affiliates retain all rights, titles, and interest in and to the above-said, including all intellectual property rights, which are not to be removed, added to, or altered in any way or to remove copyright notices or other proprietary rights or marks associated with or included in the Service.
Upon the expiration or other termination of these Terms, inclusive by your breach of the Terms, this license will immediately and automatically cease except to the extent that Content is stored or otherwise retained by Nomono if Nomono has a right or obligation to store the Content. However, you are bound to and accept not to use any intellectual rights of Nomono also after the termination of the Terms, regardless of basis for termination.
License for the use of the Service
Upon payment of the fee for the Service, you are granted a limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service, inclusive any software as part of the Service, that is provided to you as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service, subject to these Terms.
The Service is licensed and not sold to you solely for your use under the terms and conditions of these Terms and the license granted herein. Nomono retains all rights to the Service as described in “Intellectual Property Rights”.
You are prohibited from reselling or acting as an agent for any component of the Service without Nomono’s prior express written consent.
Rights to the Content
You, as a user of the Service, retain all rights to content provided to the Service for processing. This includes any data, information, sound files and any other material that is uploaded, recorded or otherwise made available in conjunction with the Service whether or not using your login to the Service (the “Content”). Content also includes the result of using the Service, such as sound files processed by the Service.
For personal data provided to the Service, also as part of the registration of an account in the Service, see “Processing of Personal Data”.
By submitting Content to the Service, you grant Nomono, or must procure that you grant Nomono the necessary right, also from third party which has rights to the Content, to provide and process the Content for the purpose of providing the Service.
You also grant Nomono a right to analyse, transcribe, review, assess etc. the Content and any data, information, hereunder how you interact with and use the Service, inclusive for the use of machine learning/artificial intelligence training, for the purpose of improving the Service. Such use also comprises any information on the sources of the sound, such as direction, geographical location, number of people providing the sound, tone level, gender etc.
You represent and warrant that you have the right to give such license under the requirements set forth under “Copyright Infringement” below.
You undertake that the Content or any other information or data provided to the Service or any other use of the Service does not infringe or violate any copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual property or proprietary rights of Nomono or any other third party and that you have the right to permit Nomono to use the aforesaid as described under “Rights to the Content” above.
Nomono will, in appropriate circumstances as determined in its sole discretion, terminate these Terms (including the license for the use of the Service and other rights granted to you herein) if you infringe the intellectual property rights of others. Nomono may, in its sole discretion, investigate notices of copyright infringement and take appropriate actions.
Upon any publicity or streaming of the Content, you undertake to have the right to make the Content available for such purpose.
If you believe that any work of authorship has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in connection with the Service, please provide us with all of the following information:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- Your address, telephone number, and email address or other necessary contact information.
- A written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
4. Processing of Personal Data
Personal data is any information collected or maintained by Nomono and the Service in your account or otherwise, that identifies or could be used to identify you and other physical persons.
You acknowledge and agree that the Service is conducted and provided by Nomono electronically, through the internet, and that Nomono cannot guarantee the security or privacy of any electronic communications in which you participate in transfer on the internet.
Any processing of personal data is subject to Nomono’s Privacy Notice that is in effect at any time during the life of these Terms. You acknowledge that you have accessed and read Nomono’s Privacy Notice and that it is a part of these Terms. Nomono’s Privacy Notice is available here: LINK.
Nomono will also comply with any Norwegian and EU privacy regulations.
If there is any conflict between the terms of the Privacy Notice and the terms of these Terms, the terms of these Terms shall prevail.
In case these terms apply between an entity and Nomono, the entity will be a data controller, and Nomono will be a data processor. The processing of personal data Nomono makes on behalf of the entity will be governed by Nomono’s Data Processing Agreement available here: LINK. By entering into these Terms, cf. Section 1 above, the Data Processing Agreement is deemed accepted and as part of and included in the Terms.
5. Liability. Limitation of Liability. Disclaimer of Warranties
The Service is provided “as-is” on an as-available basis and without any warranty of any kind, inclusive but not limited to warranty for merchantability, fitness for any particular purpose, compatibility, workmanlike effort, accuracy, availability, and/or non-negligent performance other than as described by Nomono under the terms of these Terms.
You agree to indemnify, defend and hold harmless Nomono and its partners from all claims, liabilities and expenses that arise from your misuse of the Service or any breach of the Terms or applicable laws, inclusive any infringement of any intellectual property, proprietary information, violation of privacy or other rights by you or by any person using your Login Information, whether or not such use was authorised by you.
Nomono reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Nomono in asserting any available defences.
Nomono shall not be liable for any indirect damages, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, business interruption, or damages resulting from loss of confidentiality, data or loss of access to the Service, inclusive the quality of the Service as further described in “Quality of Service. Updates”.
In any event, Nomono’s total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that causes the liability.
You may terminate these Terms by stopping using the Service and deleting your account.
Nomono may terminate these Terms (including the license and other rights granted to you herein) with one month’s notice without cause. If you are in breach of these Terms or the Privacy Notice, Nomono may, at its sole discretion, terminate your access to or use of the Service without prior notice.
The termination of the Terms, regardless of reason, will also terminate your subscription for the Service, and will not cause any return of the fee for the remaining (pre-paid) subscription period.
7. Force majeure
Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, pandemics, strikes or other labour disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication and failures of third-party service providers (including providers of internet services and telecommunications). Neither party will have any liability, other than for the payment of money owing, with the limitations set forth under the Terms, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
Nomono is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
9. No Waiver
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless expressly agreed to by Nomono in a non-electronic writing manually signed by a duly authorised officer of Nomono.
10. Communication and notices
Nomono may need to inform you by sending you information about the Service, such as service announcements and administrative messages, by the email address you provided when registering for the Service or submitted in your Service user profile. You may also be contacted by other means of electronic communication, and/or by posting a notice on the Nomono website. You are responsible for updating your contact information so you can receive information from Nomono.
Nomono may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt in to receiving such communication and can manage your consents in your account or by contacting Nomono.
11. Amendments of Terms
Nomono may, at any time, amend the provisions of these Terms, which shall be construed as an amendment to the agreement entered into by you/the entity you represent and Nomono. If you do not accept parts or all amendments, the Terms and the agreement entered into will terminate, and you may not continue to use the Service.
You agree to regularly check the Terms and Nomono’s Privacy Notice on the Nomono website to view the current Terms and Privacy Notice with any amendments.
Notwithstanding anything in these Terms to the contrary, if Nomono posts amendments to the Terms on the Nomono’s website, such terms will automatically become effective, shall be incorporated into these Terms immediately, and where inconsistent with any other terms and conditions of these Terms shall supersede any such conflicting terms or conditions.
By using the Service after such revised terms are posted, you agree to be bound by any such revised terms at the effective time.
12. Choice of Law and Dispute Resolution
These Terms and the agreement entered into by you/your company and Nomono which these Terms constitute by your use of the Service shall be governed by and interpreted in accordance with Norwegian law.
Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Norwegian courts with the district court of Oslo, Norway as the legal venue.
You acknowledge and agree that separate from any proceedings, Nomono may also seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable injury to itself, its trademarks and other marks as included in “Intellectual Property Rights”, and/or other intellectual property, and in such proceeding, you consent to the jurisdiction of such a Court.
Nomono AS (“Nomono”) is a company registered in Norway with the registered address and contact information: