FrontCore Terms of Service

Last updated: 02.01.2024

1. Acceptance of terms 

PLEASE READ THESE TERMS OF SERVICE (REFERRED TO HERE AS “TERMS”) CAREFULLY BEFORE REGISTERING FOR, ACCESSING, USING, BROWSING OR SUBMITTING AN ORDER FOR ANY SERVICES (“SERVICES” AS DEFINED IN SECTION 2.2) PROVIDED BY FRONTCORE.  

BY REGISTERING FOR, ACCESSING, USING, BROWSING OR SUBMITTING AN ORDER FOR ANY PART OF THE SERVICES OR SITE (AS DEFINED IN SECTION 2.2), YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU ARE NOT A REGISTERED USER OR AN UNREGISTERED ATTENDEE (AS DEFINED IN SECTION 2.3), YOU AGREE TO THESE TERMS OF SERVICE BY USING, ACCESSING OR BROWSING ANY PART OF THE SERVICES. IF YOU WILL ACCESS OR USE THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND ITS AFFILIATES TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO THAT ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT ACCESS OR USE THE SERVICES OR THE SITE. 

FrontCore (referred to here as “FrontCore”, “us”, “we”, “Provider”) provides its Services (as defined in section 2.2) to Users (as defined in section 2.3) through FrontCore’s websites and domains, including, but not limited to https://frontcore.com/,  https://frontcore.no/, https://www.kursguiden.no/ and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, the “Site” as defined in section 2.2), subject to this Terms of Service agreement. 

FrontCore may translate these Terms of Service (or any agreements that are incorporated into these Terms of Service) into other languages. The English language version is the master version that governs your use of the Services, and in the event of a conflict between the English language version and a different language version, the English version will prevail. 

1.1 Definitions 

Here are some definitions to help you navigate these Terms. 

• The Terms of Service, Privacy Policy, DPA, Subscription Agreement or any other applicable services agreement are hereby referred to as the “Agreement” 
• “Subscription Agreement” means the agreement between FrontCore and the Organizer that stipulates the subscription terms and condition, plan, pricing, the subscription term and invoicing terms among other things  
• “Subscription Term” means the start and end date of the subscription and billing period in the Subscription Agreement 
• “Initial Term” refers to the first subscription period in the Agreement, whereas the “Renewal Term” refers to any subsequent subscription periods for which the Agreement has been renewed 
• “End User Content” means content added by participants or representatives of participants, such as bookers, while using the Services 

2. FrontCore, Services and Users

2.1 FrontCore 

Welcome to FrontCore! We are a training and learning management solution dedicated to bringing learning effectively to people around the world. Our mission is to facilitate personal and professional growth for everyone that crosses our path, and so bring progress to the world. Through our Services and Site we enable organizers to plan, create, promote and manage events like training, courses, seminars, and conferences, and we enable potential attendees to search for, identify, sign up for, engage in and share such events. 

2.2 Description of Services 

Our services mean all services provided by FrontCore. FrontCore’s websites and domains, including, but not limited to  https://frontcore.com/,  https://frontcore.no/, https://www.kursguiden.no/ and all of the webpages, subdomains, country level domains, and subparts of those websites (collectively, our “Site”), all of the Services available on or through the Site or otherwise provided by FrontCore, including, but not limited to advertising services, the training management system (TMS), email services, booking module, online booking solutions integrated on Organizers’ webpages, learning management system (LMS), as well as our application programming interfaces (APIs), are offered, maintained and provided by FrontCore. We refer to all of these as our “Services.” 

2.3 Users 

Through our Services, FrontCore provides a solution for all registered users (“Organizers”) who host e-learning, virtual and attendance-based courses, training, seminars, conferences, breakfast seminars, and other such events (“Events”) to create, promote, manage Events and provide webpages and booking forms for visitors and browsers of the Services, and to register bookings and take payments from users who want to attend these Events (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users”. 

3. Agreements incorporated into these Terms of Service 

The Terms of Service applies to and governs all our Services, and your acceptance is required without reservation and modification to any part of the Terms of Service. In addition to the terms and conditions specified in the sections below, the Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines: 

• FrontCore Privacy Policy, which you will find here 
• FrontCore Data Processing Agreement, which you will find here 

4. Warranties and disclaimers 

Regardless of which Services the Organizer has purchased, FrontCore does not guarantee, unless otherwise specified in writing, any given number of Users, enquiries, entries of data, entries or transfer of personal information or other information, communication, impressions or other form of measurable traffic to Organizer’s pages, nor any number of open rates, click rates, or response rates for direct email marketing. FrontCore reserves the right to delay an order if the Organizer does not provide the proper materials with correct formatting and information. 

FrontCore will use its commercially reasonable efforts to make its Services, including but not limited to its databases, enquiry forms, scripts of any kind, training management system, learning management system, all features, communication tools, management tools, statistic overviews, customization tools, support services, websites, fully operable, functional and available for use and, if part of the Services, available through the internet. However, technical problems such as temporary non-availability of individual parts of the Services or the short-term unavailability of all Services itself must be expected and shall not constitute breach of these Terms of Service. FrontCore is not responsible for periodic downtime, any loss or destruction of data or information, temporary loss of operability or functionality or items beyond FrontCore’s control, which is a normal part of Internet business. Access to parts or all the Services may be restricted from time to time to allow for repairs, maintenance or updating. FrontCore is not responsible for any lack of functionality that is due to Organizer’s equipment (including device, internet connection, operating system or settings and software). FrontCore reserves the right to change features and content offered under the Services on an ongoing basis. 

FrontCore will not place links to the Organizer’s website or website content in newsgroups, message boards, unsolicited email, and other types of spam. 

THE SERVICES, INCLUDING THEIR FUNCTIONALITY, SCRIPTS, FEATURES, SITES AND ANY CONTENT PROVIDED AT OR THROUGH THE SERVICES OR SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS, OPERABILITY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL FRONTCORE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO ORGANIZER OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT,  INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE  DAMAGES  (INCLUDING,  WITHOUT LIMITATION, DAMAGES  FOR LOSS OF PROFITS, BUSINESS  INTERRUPTION, LOSS OF DATA, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) ORGANIZER’S OR ANY OTHER USER’S USE OF OR INABILITY TO USE THE SERVICES AND/OR SITES; (2) ORGANIZER’S OR ANY OTHER USER’S RELIANCE ON THE SERVICES, SITES, AND/OR CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR DISCLOSURES; (4) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITES; OR (5) ANY OTHER FAILURE TO PERFORM BY FRONTCORE OR FRONTCORE’S CONTENT PROVIDERS, SUBPROSESSORS, VENDORS, OR ORGANIZATIONS WITH WHICH FRONTCORE CONDUCTS BUSINESS.  THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER FRONTCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

YOU ACKNOWLEDGE THAT FRONTCORE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE ACCURACY, QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING ATTENDEES’, OTHER NON-REGISTERED USERS AND ORGANIZERS’) SUBMITTED CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES AND ORGANIZERS) TO PERFORM OR COMPLETE A TRANSACTION. FRONTCORE HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO THIRD PARTY VENDORS INTEGRATED TO THE SERVICES THROUGH API’S, USED IN CONJUNCTION WITH THE SERVICES, AND FRONTCORE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES. 

5. Releases 

FRONTCORE PROVIDE SERVICES AND A MARKETPLACE THROUGH WHICH ORGANIZERS AND ATTENDEES CAN TRANSACT WITH EACH OTHER. FRONTCORE CAN, HOWEVER, NOT BE HELD RESPONSIBLE FOR THE ACTIONS OF ATTENDEES, ORGANIZERS, OTHER USERS AND/OR THIRD PARTIES USING THE SERVICES. 

TO ACCESS AND USE THE SERVICES YOU HEREBY ACCEPT THAT FRONTCORE IS NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES OR USERS, AND YOU RELEASES FRONTCORE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU HAVE OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES OR USERS. FRONTCORE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES, OR YOUR OR ANY OTHER USER’S ACCESS TO AND USE OF THE SERVICES, SITES OR CONTENT WILL (1) BE UNINTERRUPTED OR ERROR-FREE; (2) BE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) BE SECURE; OR (4) MEET YOUR OR SUCH USER’S EXPECTATION OR SATISFACTION. YOU AGREE THAT ANY USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVES ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES AND/OR SITE. 

6. Limitation of liability 

IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF SERVICE, FRONTCORE SHOULD HAVE ANY LIABILITY TO ORGANIZER OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, ORGANIZER AGREES THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY ORGANIZER TO FRONTCORE IN THE THREE (3) MONTHS PRIOR TO THE INITIATION OF THE CLAIM. ORGANIZER AND FRONTCORE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN ORGANIZER AND FRONTCORE. ORGANIZER ACKNOWLEDGES THAT ABSENT ORGANIZER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, FRONTCORE WOULD NOT PROVIDE ACCESS TO THE SERVICES, SITE AND/OR CONTENT TO ORGANIZER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILIT Y FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ORGANIZER. IN SUCH CASES, FRONTCORE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

7. License to use Services  

Subject to these Terms of Service, FrontCore grants a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the Services for the purposes of (1) if you are a non-registered user, registered user, potential Attendee or Attendee, to access and browse through the Services to search for, review and sign up for Events, browse our Site for info or (2) if you are an Organizer to create, promote, manage and take bookings on Events, or browse our Site for info. The license to use the Services is in each case subject to (a) compliance to these Terms of Service and incorporated Agreements, (b) being allowed under applicable laws. Such license also applies to updates and upgrades that replace or supplement the Services purchased by Organizer in any respect and which are not distributed with a separate license and related documentation. Notwithstanding this, you accept that you shall not  permit anyone else to (1) access or use the Services or the Sites, in whole or in part, except as expressly provided in these Terms of Service; (2) copy, modify, reproduce, translate or otherwise create derivatives of any part of the Services; (3) reverse engineer, disassemble, decompile or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site, Services, technology or any software; (4) use the Site or Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (5) use automated scripts to collect information from or otherwise interact with the Site or Services. You will not allow any access to or use of the Services by anyone other than you, and if you represent an entity, your authorized users.  

7.1 Maintenance  

Organizer acknowledges that certain maintenance activities regarding the Services may be necessary or appropriate from time to time, including bug fixes, software updates, feature updates, and the addition of new applications and new modules. In most instances, the Provider’s infrastructure is designed to support updates by the Provider engineering and support teams without the need to interrupt the Services. Where such maintenance activities are not reasonably anticipated to materially impact Organizer’s use of the Services, FrontCore will have no obligation to provide notice to Organizer regarding such maintenance activities, although FrontCore generally does so, in the ordinary course, at least (24) twenty-four hours in advance of the same. If FrontCore reasonably determines that maintenance activities will require an unavailability or outage of the Services in excess of ten (10) consecutive minutes, FrontCore will give Organizer advance notice of the same. FrontCore will use commercially reasonable efforts to perform routine scheduled maintenance during non- business hours.   

7.2 Availability  

Provider undertakes, in its sole discretion, to adopt commercially reasonable measures to ensure that the Services are available over the Internet around the clock, seven (7) days a week. Provider shall be entitled to take measures that affect the aforementioned accessibility where Provider deems such to be necessary for technical, maintenance, operational, or security reasons. The Organizer is aware and acknowledges that the Organizer’s access to the Internet cannot be guaranteed and that Provider shall never be liable for deficiencies in the Organizer’s own Internet connections or equipment.  

8. Account terms  

8.1 Subscriptions  

Unless otherwise provided in the applicable invoicing terms:  

1. services are purchased as Subscriptions,  
2. subscriptions may be added during a Subscription Term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscription is added  

8.2 Usage limits 

Some Services are subject to usage limits, specified in the applicable invoicing terms. If Organizer exceeds a contractual limit of Services with usage limits, Organizer will execute invoicing terms for additional quantities of the applicable Services promptly upon Provider’s request, and/or pay any invoice for excess Usage.  

8.3 Trial services  

If you register on the Site for trial services, Provider will make one or more Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Services, or (b) the start date of any purchased subscriptions ordered by you for such Services. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding. One person or legal entity may not maintain more than one trial account per service.   

Trial services are provided strictly “as is”. You may use a trial service in a manner consistent with the terms and conditions of this Agreement, but Provider may, at its sole discretion, disable certain features of a Trial Service and enforce time limits on your right to use the same. Since a trial service is provided free of charge, Provider disclaims all warranties, representations, and liabilities as set forth in this Agreement and Provider shall not be liable for damages of any kind related to your use of a trial service.     

ANY DATA YOU ENTER INTO THE SERVICES, ANY CONTENT YOU MAKE AVAILABLE THROUGH THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE FROM PROVIDER A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL SERVICES, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD.   

9. Subcontracting 

You acknowledge and agree that FrontCore may subcontract any of its obligations under this Agreement, providing that we give you, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question. Notwithstanding any other provision of these Terms of Service you acknowledge and agree that FrontCore may subcontract to any reputable third-party hosting business the hosting of the Services and the provision of services in relation to the support and maintenance of elements of the Services. 

10. Integration with Third-Party Applications 

You have the option to choose to acquire or use Third-Party Applications and to authorize use of certain integrations via the Services, for which additional fees may apply. The supply of Third-Party Services shall be under a separate contract or arrangement between You and the relevant third party. The Provider does not contract to supply the Third-Party Applications and is not a party to any contract for, or otherwise responsible in respect of, the provision of any Third-Party Application. Third-Party Applications which may be made available to You via the Services, are subject to the third-party’s terms and conditions, including their privacy policy. Provider’s Services which may be made available to You are subject to the terms and conditions that accompany this agreement. Some services require the use of or access to certain of your Services data. For the purposes of this agreement, the integrations do not apply to Services Trial versions that do not include access to the integrations.  FrontCore may remove, suspend or limit any Third-Party Application integration at any time in its sole discretion.   

10.1 License You Grant by Use of Applications and the Integrations   

Provider may use (and provide to third parties) a service for the Integrations to, among other things, facilitate certain interoperability, data integration, and data access between the Services and the applicable Application. By signing up or by using any Third-Party Application, you agree that: (i) the Third-Party Application provider may have access to and use your applicable Services data to provide to you the particular Third-Party Application or related services per the Third-Party Application terms and conditions; and (ii) the Third-Party Application provider may transfer your data from the Third-Party Application to FrontCore for Provider’s use per these Terms of Service. You grant Provider all rights to use your Services data as reasonably necessary to facilitate the Integrations to Third-Party Application providers and you acknowledge that Third-Party Application providers may be located in a country that does not have adequate security controls to protect your Services data. Please carefully review the Third-Party Application terms and conditions. If you do not agree with the terms and conditions of any Third-Party Application, you should not use or access the Third-Party Application or permit it to have access to your Services data. Please contact the Third-Party Application provider for technical issues with the Third-Party Application or Integrations to and from the Services and Third-Party Application.   

10.2 Provider Has No Responsibility for Third-Party Applications or Related Data Transfers.   

You agree and acknowledge that: 

1. Provider has no control over any Third-Party Applications; 

1. Provider does not endorse or recommend Third-Party Applications even if they are marketed or distributed via Provider’s Services, or other products or websites, or otherwise associated with FrontCore.  

1. The integration of Third-Party Services may entail the transfer of Data from the Services to the relevant Third-Party Services; and 

1. FrontCore has no control over, or responsibility in respect of, any disclosure, modification, deletion or other use of Data resulting from any integration with any Third-Party Services. 

You agree that the Third-Party Application providers, and not FrontCore, are solely responsible for the process of transferring or sharing, upon your authorization, your data with or to other applications, the Third-Party Application’s performance (including technical support), the content on the Third-Party Application provider’s website(s) and their use or disclosure of your data. FrontCore will not be liable for any damages, claims or liabilities arising from the third parties or Third-Party Applications.   

10.3 Use of Applications Must Comply with Applicable Laws.   

You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use any application in any manner that would infringe or violate the rights of FrontCore, any Third-Party application provider, or other third-party; and (iii) not use the applications in any way in furtherance of criminal, fraudulent or other unlawful activity.   

11. Term and termination 

11.1 Initial term 

These Terms shall commence when the Organizer purchases the Services or otherwise legally obtains the right to use the Services. These Terms shall continue through the Initial Term as reflected in the invoicing terms specified in the applicable invoicing for the Services and will renew automatically at the end of the Initial Term and at the end of each term thereafter unless and until the Organizer gives notice of his/her intention to terminate a purchased subscription pursuant to the terms of these Terms. Unless earlier terminated as provided herein, these Terms shall continue in full force and effect until the termination or expiration of the Initial Term or last Renewal Term in effect (the “Subscription Term”). 

11.2 Termination 

FrontCore may terminate your right to use the Services, at any time, at our sole discretion:  

1. upon any breach by You of these Terms of Service; or  
2. your misuse or abuse of the Services  
3. if allowing you to access and use the Services would violate any applicable laws, rules and regulations or would expose FrontCore to legal liability  
4. at any time during any Trial/Free Subscription, for any reason or no reason, upon notice to You.   
5. if any amounts owed remain unpaid for more than fifteen (15) days following written notice of such unpaid amounts being delivered to You.  

Without limiting FrontCore’s right to terminate this Agreement, FrontCore may also immediately and indefinitely suspend Your access to the Sites or Services, with or without notice to You, upon any actual, threatened or suspected breach of these Terms of Service or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Services by FrontCore. 

11.3 Effect on Termination  

Upon termination of this Agreement for any reason, all rights and licenses granted by Provider hereunder to Organizer will immediately cease, excluding rights to access data which is available as described in 11.4.  

11.4 Rights to access data 

Upon any expiration or termination of this Agreement, Provider shall make Organizer’s data reasonably available to it for a period of thirty (30) days.  

11.5 Survival 

All parts of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, but without limitation, disclaimers of warranties, price and payment terms, releases, proprietary rights, confidentiality, indemnification, limitations of liability, governing law, waiver of breach). 

12. Indemnification 

You will indemnify, defend and hold FrontCore, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, and agents harmless from and against any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claims, suits, threats, demands, settlements, and actions, causes of action, liabilities, and obligations (each a “Claim”) arising from, incurred as a result of, or in any manner related to (1) Your breach of these Terms of Service; (2) Your unauthorized, unlawful, fraudulent, or improper use of the Services, Sites and/or the Content; (3) the unauthorized, unlawful, fraudulent, or improper use of the Services, Sites and/or Content by any person through Your username; or (4) in the case of Organizers, your events or the fact that FrontCore was providing Services with respect to those events. In the case of (4), this indemnification shall not apply if the Claim arises out of gross negligence or wilful misconduct on the part of FrontCore. 

13. Proprietary rights 

All rights, including without limitation intellectual property rights, wherever in the world, registerable or unregistrable, registered or unregistered, including any application or right of application for such rights  (including without limitation copyrights and related rights, database rights, trademarks, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, and rights in designs) and other proprietary rights, in the content on the Sites (including without limitation text, scripts, design, functionality, features, related documentation, end-user interfaces, captions, articles, information, images, photos, and other Services, information, services and materials) or any other materials provided by FrontCore (collectively, the “Proprietary Rights”) are the property of FrontCore or their respective holders unless indicated otherwise. FrontCore retains all rights in the individual pages and their components, and collective works available on the Sites. The Proprietary Rights is protected by state, federal, international and worldwide intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as otherwise agreed by FrontCore in writing. The Sites and the logos and names displayed on or otherwise associated with the Sites are trademarks and the property of FrontCore. All other names and trademarks on the Sites are the property of their respective holders.  Organizer shall not modify, license, publish, participate in the licensing or sale of, create derivative works of, or in any way exploit any of the Proprietary Rights or other property interests of FrontCore, in whole or in part, unless expressly authorized in writing to do so by FrontCore. 

14. Unlawful and prohibited use  

Users may not use the Services for any purpose that is unlawful, prohibited by this Agreement, or in any way interferes or attempts to interfere with the proper working of the Services. Users may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or that interferes with any third party’s use and enjoyment of the Services. Users agrees not to modify or cause to be modified any files that are available in or through the Services and/or use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Services. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Provider to all users of the Services. Users shall not institute, assist, or become involved in an attack upon any Provider server or otherwise attempt to disrupt the Provider servers.   

You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.  

You must not use the Services:  

1. in any way that is unlawful, illegal, fraudulent or harmful; or  
2. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  

ANY ATTEMPT BY USERS TO DAMAGE PROVIDER SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF PROVIDER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, PROVIDER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.   

15. Backup 

FrontCore shall create a back-up copy of the data daily for the last week, shall ensure that each such copy is sufficient to enable the Organizer to restore the Services to the state they were in at the time the back-up was taken, and shall retain and securely store a copy for a minimum period of 30 days. Current backup practice is to back up data daily the last week, and to retain a data backup weekly for the last four weeks. 

16. Sensitive Data   

Sensitive Data (as defined below) will not be provided to FrontCore at any time and FrontCore will have no liability whatsoever for Sensitive Data, whether in connection with a security incident or otherwise.  For purposes of this Agreement, “Sensitive Data” means (i) credit or debit card number, (iii) genetic, biometric or health information, (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation, (v) account passwords, (vi) criminal history, (viii) mother’s maiden name or (ix) any other information or combinations of information that is deemed sensitive under the legal framework of any applicable jurisdiction.  

17. Fees and payment terms  

17.1 Fees and payment 

The fees paid for the Services will at any given time be based on the current rate card, and consist of start-up fees, subscription fees and transaction fees. The Organizer agrees to pay the fees set forth in the Subscription Agreement for the Services. The fees are exclusive of any applicable tax, duty or other claim that the Organizer may be subject to due to the obligation to pay the fees set forth in the Subscription Agreement. The Organizer shall pay the amount of the fees set forth in the Subscription Agreement in full to FrontCore. FrontCore will charge interest and service charges on accounts that are delinquent at the lesser of two percent (2%) per month or maximum rate allowable by law. The Organizer will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an account. FrontCore reserves the right to suspend the Services until Organizer’s account is brought current or terminate the Services and these Terms of Service if any fees are delinquent, as provided below.  

17.1.1 Onboarding fees  

Onboarding fees will be invoiced at the start of the initial Subscription Term.  

17.1.2 Subscription fees  

Subscription fees will be invoiced in advance on the payment terms specified in the applicable invoicing terms.   

17.1.3 Development fees  

Any agreed upon features that will be developed and added to the Services (adaptations) at the request of the Organizer will be invoiced as agreed upon between FrontCore and Organizer   

17.1.4 Usage based fees (LMS) 

Usage based on the number of active users in the LMS will be charged monthly, based on the number of active users (participants). 

17.1.5 Credit card transaction fees 

Transaction fees from card payments will be deducted at the time of the transaction 

17.1.6 SMS transaction fees  

Transaction fees from SMS/text, will be invoiced monthly in arrears, or at a frequency in arrears that is deemed practical at the sole discretion of FrontCore.  

17.2 Invoicing and Payment  

The Organizer shall pay fees for the Services and other Provider’s offerings, if applicable, in the amounts and payable on the terms set forth in the applicable invoicing terms. The Fees may be made by Organizer through use of an authorized credit card, bank transfer or, if agreed to by Provider, by another method of payment. Provider reserves the right to change the Fees or applicable charges upon fifteen (15) days prior notice to Organizer (which may be sent by email to the address Organizer have most recently provided to Provider).   

17.3

The Organizer undertakes to make payment of invoices, in the currency stated on the invoice, into the account stated on the invoice.  

17.4

The Services provided by the Provider are billed in advance on the payment terms specified in the applicable invoicing terms for the Services by the due date and in the currency specified in the applicable invoicing terms for the Services. Interest on overdue payments shall be payable according to law. After the Initial Term, and at the beginning of each Renewal Term thereafter, the fees for such upcoming Renewal Term shall be revised to reflect Provider’s then-current fees for the applicable Services. If any amount owing by Organizer under this Agreement for the Services is overdue, Provider may, without limiting other rights and remedies, accelerate Organizer’s unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Services to Organizer until such amounts are paid in full. Provider will give Organizer at least 7 days’ prior notice that Organizer’s account is overdue before suspending Services to Organizer. In addition, Provider may terminate a Subscription, delete the Organizer’s Content and immediately terminate this Agreement in the event of overdue payments in excess of thirty (30) days.   

The agreed fees may be increased annually based upon the average consumer price index of Norway at the sole discretion of FrontCore.  

17.5 Active Users 

For the LMS services fees comprise a subscription and a fee based on number of active users. The billing periods for measuring Active Users will be the one-month periods beginning on the Effective Date and on each one-month anniversary of the Effective Date, thereafter, continuing through the end of the Subscription Term, as applicable. To calculate the usage-based component of your monthly bill we count the number of active users (participants) and multiply it with the fee per active user (participant). 

• We count each participant only each month, regardless of the number of courses they are enrolled in. 
• A participant who subscribes to your e-learning will be counted once each month for the duration of the subscription 
• A participant who enrolls in a course with a one-time fee will be counted one time for that course. 

If in any given month, a participant both buys a one-time fee course, and subscribes to a bundle of course, we will only count him/her only once that particular month. 

17.6 Refund policy  

FrontCore asks all Attendees to contact the Organizer of their event with any refund requests, since all transactions are between Organizer and Attendees. Organizers agree to post their refund policy on their event pages. Organizers acknowledge and agree to that their refund policy will be in compliance with relevant local, regional, national laws and regulations. FrontCore will have no liability for an Organizer’s failure to have a refund in compliance with such laws and regulations, or to abide by their own refund policy.  

18. Email and SMS Services  

Through FrontCore you may have available to you features and tools that permits you to contact other users of the Services or third parties via e-mail or SMS (the “Communication Tools”). If you use the Communication Tools, then you represent, warrant and agree that:   

1. you have all right and authority necessary to send e-mails or SMS’s to the addresses and phone numbers on your recipient list, including without limitation, that such addresses and phone numbers were collected on an opt-in basis in any jurisdiction where that is required by applicable local, state, provincial, national or other law, or regulation, and your e-mailing of such addresses or texting to such phone numbers, complies with the privacy policy under which the recipient e-mail addresses and/or phone numbers were collected, and which was disclosed to recipients at the time of collection;   
2. your use of the Communication Tools is in compliance with all applicable local, state, provincial, national and other laws, and regulations, including those relating to spam and email practices;   
3. your use of the Communication Tools will be solely to advertise, promote and/or manage an event that you manage and promote through the Services;   
4. your use of the Communication Tools and the content of your emails and SMSs complies with conduct as specified in section 10  
5. you will not use false or misleading headers or deceptive subject lines in emails sent using the Communication Tools;   
6. you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that FrontCore includes in every email; and   
7. you will not email any person that you know or have reason to know has opted out of receiving emails from you.  

18.1 Remedies   

If you fail to abide by the guidelines under the section Email and SMS Services, if your use of the Communication Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails or SMS’s are causing disruption to the Services, FrontCore may, among other actions, limit, suspend or revoke your access to the Communication Tools.  

19. Registration, account, password and security  

You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. You may register third parties as additional users of the Services within Your account. You are responsible for the compliance with these Terms of Service of such third parties.  

You agree to provide true, accurate, current and complete information about yourself, as well as about the entity you represent, in the event you are using the Services on behalf of such entity. You also agree to maintain and update to keep the information true, accurate, current and complete.  

19.1 Password and security  

You are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities that occur under your account, including without limitation, all actions by all users registered under your account. In the event of any unauthorized use of your password or account or any security breach, you agree to notify FrontCore immediately.   

19.2 Age restrictions  

In FrontCore we are especially concerned about the privacy of children. For this reason, you must be at least 16 years old to use the Services. Otherwise, you may use the Services only with the involvement of a parent or guardian. You may not, under any circumstances, use the Services if you are under thirteen (13) years of age.  

20. Content  

20.1 FrontCore Content  

You acknowledge and agree that all material, including but not limited to information, data, text, editorial content, design elements, formatting, graphics, images, photos, videos, and other content (collectively, “Content”), displayed in or delivered through the Services or otherwise made available by FrontCore in conjunction with the Services (collectively, “FrontCore Content”) are protected under Norwegian and international copyright, trademark and other laws. FrontCore reserves the exclusive right to the compilation of all FrontCore content of this website (meaning its collection, arrangement and display). This right is protected by Norwegian and international copyright laws. You may not sell, distribute, copy, reproduce, publish, post on other websites, or create derivate works of any FrontCore Content, unless in conjunction with your permitted use of the Services or as expressly authorized in writing by FrontCore.  

20.2 Organizer and End User Content  

By entering into this Agreement and uploading, sending, providing or otherwise making available Organizer’s and End User’s Content to Provider, Organizer and End User are directing and authorizing Provider to, and granting Provider a royalty-free, non-exclusive right (the “License”) to, host, cache, route, transmit, store, copy, perform, display, to  

1. host the Content on Provider’s servers,  
2. index the Content.  

Organizer hereby represents and warrants that:  

1. Organizer has all the necessary rights, titles, and/or interests (including all proprietary rights) in Content to grant such right;  
2. as granted and as used in connection with Provider Site, Services and products, does not and will not violate any intellectual property rights of any third parties; and  
3. that Organizer’s granting of the License and the use of the Content as authorized by the right does not violate any law (including, without limitation, privacy, export control, obscenity and anti-spam laws),  
4. the License does not violate any agreement or order to which Organizer is a party or by which Organizer or Organizer’s assets are bound nor require any consent from any person, entity or government authority and  
5. the Content can be used by the Organizer for any business purposes.  

Organizer further represents and warrants to Provider the following:  

1. Organizer is at least 16 years of age if Organizer is a natural person;  
2. all the information provided by Organizer to Provider is correct and current (including without limitation information Organizer provides in the registration form);  
3. the Content is not, in whole or in part, pornographic or obscene;  
4. Organizer holds and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to the Content to enter into this Agreement and to grant the rights granted herein;  
5. Organizer has the legal right and authority to enter into this Agreement, to perform the acts required of Organizer under the Agreement, and to grant the rights and licenses described in this Agreement.  

20.2.1

On occasion, Provider may ask for Organizer’s written permission to use the Content, courses, designs and customizations for promotional and/or marketing purposes.   

20.2.2

Moderation and Removal of Negative Content.  

1. complaints submitted by a third party on Organizer’s or End User’s Content (hereinafter – Negative Content) shall be conducted and resolved by Provider for a maximum of 7 (seven) business days;  
2. Provider will use commercially reasonable time to inform Organizer about the complaints received on the Negative Content, which has to be moderated or removed;  
3. If Organizer’s consent for removal of the Negative Content in question is received or if such consent was not received within 3 (three) business days after Provider has informed Organizer, such Negative Content that does not comply with these Terms will be immediately deleted by Provider;  
4. If the consent for removal of the Negative Content was not received by the Provider, the Organizer will be given 3 (three) business days to amend and change such Negative Content. Amended Content must be verified by Provider on the compliance with these Terms; if Organizer’s Content after amendments do not comply with these Terms, Provider shall delete such Content immediately;   

20.2.3

Under Negative Content shall be understood any material that contains, including but not limited to: threats of theft, vandalism, physical harm or financial loss; encouragement of suicide or self-inflicted injuries to oneself, others or animals, as well as images of such injuries and other shocking content; personal information of others posted for the purpose of blackmail or harassment, including threats to publish intimate images; propaganda of illegal activities and criminal organizations, including terrorism; information about the use or sale of drugs, offers to buy or sell weapons, ammunition or explosives; spam, fraud or misleading information; harassment, sexual exploitation of children or adults, and child pornography; violations of copyright or trademark rights; other violations under this Agreement and applicable laws.   

It is expressly emphasized that FrontCore is a service that is not liable for the material stored on our servers at the request of or otherwise provided by the Organizer, and that FrontCore has no general obligation to monitor the material stored on our servers. It is the Organizer’s responsibility to have all rights necessary in order to use the material as contemplated by this Agreement, including the rights to display the material on FrontCore’s Site, and that any such use of the material does not infringe any intellectual property rights or any other rights of any third party. If FrontCore obtains knowledge of any illegal activity or material, FrontCore has the right to immediately remove or disable access to the material. The Organizer will indemnify and hold FrontCore harmless for any obligations arising from the Organizer’s breach of these Terms.   

20.2.4 Advertising materials and placement of advertising  

For Services purchased by the Organizer that comprise listing and marketing on the web, the Organizer agrees to transmit, upload or otherwise provide to FrontCore, via email or such other method as is designated by FrontCore, on or before the 1st day after acceptance of this Agreement, advertising and other materials (“Organizer Materials”) to be used by FrontCore. Organizer Materials includes, but is not limited to any and all data, images, videos, sounds, text, captions, and other things embodied therein, in any form, media or technology, provided by the Organizer to FrontCore. FrontCore has the right and option to approve, in its absolute discretion, the content of any Organizer Materials. FrontCore reserves the right to reject any Organizer Materials, or remove any Organizer Materials from the end-user websites (each, a “User Website”), if it finds that such materials do not meet its advertising specifications, are objectionable to FrontCore in any way, or contain false, misleading or illegal information or any vulgar or pornographic content, or for any other reason; if FrontCore rejects or removes any Organizer Materials, FrontCore will notify the Organizer. FRONTCORE SHALL HAVE NO LIABILITY, AT LAW OR IN EQUITY, FOR FAILING TO PLACE OR FOR REMOVING ANY ORGANIZER MATERIALS EXCEPT FOR THE RETURN OF ANY UNUSED PREPAID ADVERTISING FEES.  

FrontCore shall make, in its sole discretion, all decisions concerning placement of the Organizer’s advertisement on the User Website, software solutions, hardware configurations and selection, system components, categories of advertising, search engine results and search parameters.  

20.2.5 License to use Organizer Materials  

You hereby grant FrontCore and its affiliates, vendors, and service FrontCore a world-wide, non-exclusive, perpetual, irrevocable, transferrable, fully-paid and royalty-free license during the Term (as defined below) to use, copy, reproduce, modify, promote, publish, translate, adapt, prepare derivative works based upon, distribute, perform, display, make commercial use of, store, transmit or otherwise exploit the Organizer Materials, in whole or in part (including but not limited to any and all data, images, videos, sounds, text, captions, and other things embodied therein), in any form, media or technology known or hereafter developed for any purpose, including but not limited to advertising and promotional purposes, to the extent permitted by applicable law.  

20.3 Unlawful Content  

Content must not be illegal or unlawful, must not infringe any person’s or entity’s legal rights, and must not be capable of giving rise to legal action against any person or entity (in each case in any jurisdiction and under any applicable law). Content, and the use of Content by us in any manner licensed or otherwise authorized by you, must not:  

(a) be libelous or maliciously false;  

(b) be obscene or indecent;  

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;  

(d) infringe any right of confidence, right of privacy or right under data protection legislation;  

(e) constitute negligent advice or contain any negligent statement;  

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;  

(g) be in contempt of any court, or in breach of any court order;  

(h) constitute a breach of racial or religious hatred or discrimination legislation;  

(i) be blasphemous;  

(j) constitute a breach of official secrets legislation; or  

(k) constitute a breach of any contractual obligation owed to any person or entity.  

You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.  

20.4 Graphic material  

Content must be appropriate for all persons who have access to or are likely to access the Content in question. Content must not depict violence. Content must not be pornographic or sexually explicit.  

20.5 Factual accuracy  

Content must not be untrue, false, inaccurate or misleading. Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.  

20.6 Negligent advice  

Content must not consist of or contain any [legal, financial, investment, taxation, accountancy, medical or other professional] advice, and you must not use the Services to provide any [legal, financial, investment, taxation, accountancy, medical or other professional] advisory services.  

Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.  

20.7 Etiquette  

Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet. Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory. Content must not be liable to cause annoyance, inconvenience or needless anxiety. You must not use the Services to send any hostile  communication, or any communication intended to insult, including such communications directed at a particular person or group of people. You must not use the Services for the purpose of deliberately upsetting or offending others. You should use appropriate and informative titles for all Content. You must at all times be courteous and polite to other users of the Services.  

20.8 Marketing and spam  

Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.  

You must not send any spam to any person using any email address or phone number made available through the Services or that you find using the Services.  

You must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, “get rich quick” schemes or similar letters, schemes or programs.  

20.9 Monitoring  

You acknowledge that we do not actively monitor the Content or the use of the Services.  

20.10 Data mining  

You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.  

20.11 Hyperlinks  

You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of the Terms 

20.12 Harmful software  

The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.  

The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.  

21. Browser compatibility and support 

Our software is designed to work optimally with specific web browser(s) to ensure not only the best user experience and functionality but also a high standard of security. Currently, we officially support the latest versions of Google Chrome, Safari, and Microsoft Edge. We have selected these browsers based on their ability to effectively integrate with our security protocols, ensuring that your data remains secure and protected.  

While users may access our services using other browsers, we cannot guarantee full functionality, optimal performance, or the same level of security outside the stated supported browsers. We regularly review and update our browser support to keep pace with technological advancements, security standards, and browser updates. We strongly recommend users to update their browsers to the latest versions to benefit from enhanced security features and the best experience with our software.  

Please be aware that using unsupported browser versions or browsers not known for robust security features may lead to reduced functionality, compatibility issues, or potential security vulnerabilities. In such cases, we disclaim liability for any security breaches or data losses that may occur. For any questions or concerns regarding browser compatibility and security, we encourage users to contact our support team. 

22. Adaptations, feedback and modifications  

22.1 Adaptations  

FrontCore and Organisers may agree that FrontCore shall design, develop and implement an adaptation or adaptations in accordance with a specification and project plan agreed in writing by the parties. All intellectual property rights in the adaptations shall, as between the parties, be the exclusive property of FrontCore.  From the time and date when adaptations are first delivered or made available by FrontCore to the Organizer, the adaptations shall form part of the Services, and accordingly from that time and date the Organizer’s rights to use the adaptations shall be governed by these Terms of Service. You acknowledge that FrontCore may make any adaptations available to any of its other Organizers or any other third party.  

22.2 Feedback and modifications  

You hereby agree to and acknowledge that  

1. any and all recommendations or input for correction, change and modification to the Services and other feedback (including but not limited to written or oral feedback), and input provided by you to FrontCore (collectively “Feedback”); and  
2. all suggestions for improvements, updates, modifications or enhancements, whether made, created or developed by FrontCore or otherwise relating to Feedback (collectively, “Modifications”), are and will remain the property of FrontCore.  

All Feedback and Modifications become the sole and exclusive property of FrontCore and we may use and disclose Feedback and/or Modifications in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby agree to and acknowledge that any and all right, title, and ownership (including but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, software, programming, codes and any and all other intellectual property right) arising from any and all Feedback and Modifications is the property of FrontCore. You hereby agree to waive any moral rights you may have in any and all Feedback and Modifications.  

22.3 Copyright infringement  

If You believe that Your copyrighted work has been copied in a way that constitutes copyright violation or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:  

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;  
• Identification of the copyrighted work that You claim has been infringed;  
• Identification of the material that is claimed to be infringing and where it is located on FrontCore website;  
• Information reasonably sufficient to permit FrontCore to contact You, such as Your address, telephone number, and e-mail address;  
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and  
• A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.  

The above information must be submitted to our legal address or [email protected].  

23. Confidentiality 

FrontCore must: 

1. keep any confidential information that we might get from the Organizer strictly confidential; 
2. not disclose the confidential information to any person without the Organizer’s prior written consent, and then only under conditions of confidentiality approved in writing by the Organizer; 
3. use the same degree of care to protect the confidentiality of the confidential information as we use to protect our own confidential information of a similar nature, being at least a reasonable degree of care; 
4. act in good faith at all times in relation to the Organizer’s confidential information 

Organizer will have access to certain confidential and proprietary information of FrontCore, including, without limitation, pricing, systems, software, documentation, and other materials related to the Services (collectively, the “Confidential Information”).   

The Organizer must: 

1. keep the Confidential Information strictly confidential; 
2. not disclose the Confidential Information to any person without the FrontCore’s prior written consent, and then only under conditions of confidentiality approved in writing by the Provider 
3. use the same degree of care to protect the confidentiality of the Confidential Information as the Organizer uses to protect the Organizer’s own confidential information of a similar nature, being at least a reasonable degree of care; 
4. act in good faith at all times in relation to the Confidential Information; and 

Notwithstanding this, a party’s Confidential Information may be disclosed by the other party to that other party’s officers, employees, professional advisers, and subcontractors who have a need to access the Confidential Information that is disclosed for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information that is disclosed. 

No obligations are imposed by this Clause with respect to a party’s Confidential Information if that Confidential Information: 

1. is known to the other party before disclosure under this Agreement and is not subject to any other obligation of confidentiality; 
2. is or becomes publicly known through no act or default of the other party; or 
3. is obtained by the other party from a third party in circumstances where the other party has no reason to believe that there has been a breach of an obligation of confidentiality. 

The restrictions in this Clause do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of either party on any recognized stock exchange. 

Upon the termination of this Agreement, each party must immediately cease to use the other party’s Confidential Information. The provisions of this Clause shall continue in force following the termination of this Agreement. 

24. Entire agreement 

These Terms of Service contain the entire agreement between Organizer and FrontCore relating to the subject matter hereof, and supersede any other oral or written communications relating thereto, except for any written exceptions from or amendments to these Terms of Service that have been expressly and clearly stated in writing in the Subscription Agreement 

25. Assignment 

FrontCore may assign these Terms, in whole or in part, in its sole discretion. In the event of a reorganization, merger, or sale FrontCore may transfer, or sub-contract or sub-license, any and all of its rights and obligations, including but not limited to personal information and other information we collect, to another legal entity, provided your legal rights are not prejudiced. Organizer may not transfer Organizer’s rights or obligations under these Terms without FrontCore’s prior written permission. Any attempt by Organizer to transfer Organizer’s rights or obligations under these Terms shall be null and void. 

26. Waiver of breach 

Any failure to enforce any term or provision of these Terms shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms. In addition, any failure to enforce any term or provision of these Terms shall not constitute a waiver of a future breach of that or any other term or provision of these Terms. 

27. Force majeure 

FrontCore shall not be liable for any failure or unavailability of the Services, Sites and/or Content as a result of an event, or a series of related events, that is outside the reasonable control of FrontCore, including, but not limited to failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, strikes disasters, explosions, fires, floods, riots, lockouts, pandemics, calamities, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond FrontCore’s control. 

28. Headings 

The headings of articles and sections contained in these Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Service. 

29. Invalidity 

To the extent that any portion of these Terms of Service is held to be invalid or unenforceable, it shall be construed to meet the mutual intent of the parties as closely as possible. All remaining provisions and/or portions thereof shall remain in full force and effect. 

30. Updates 

FrontCore reserves the right to update these Terms of Service at any time by reasonable notice. Updates will be posted to the FrontCore website with an “Updated” date at the top of these Terms of Service. At our discretion, FrontCore may in certain circumstances provide you with additional notice of updates through e-mail or through in-Service notifications. Organizer’s continued use of the Services following changes means that Organizer accepts and agrees to the changes. 

31. Governing Law; Waiver of Jury Trial 

These Terms of Service shall be governed and interpreted under the laws of Norway, and any and all disputes and legal actions hereto shall be in the courts of Norway, municipality of Oslo. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF SERVICE. 

32. Notice 

Organizer agrees that, where FrontCore is required to provide Organizer with notice under these Terms, acceptable and sufficient forms of notice include, but are not limited to, the following: 

1. e-mail to the most recent e-mail address that Organizer has provided to FrontCore, regardless of the current status of that e-mail address; 
2. written communication delivered by first class mail to the most recent physical address that Organizer has provided to FrontCore, regardless of the current status of that physical address; or 
3. such other method of communication as Organizer specifically requests in writing that FrontCore use. 

FrontCore shall have sole discretion to select which of the above methods of notice that it shall use and shall not be required to use more than one of these methods to provide notice. 

Organizer accepts sole responsibility for providing FrontCore with notice of changes to Organizer’s physical address and/or e-mail address. 

Organizer may give notice to FrontCore at any time by completing the form located at http://www.FrontCore.com or by letter delivered by first class postage prepaid mail or overnight courier to the following address or send e-mail: 

FrontCore, Olaf Helsets vei 5, 0694 Oslo Norway 

[email protected]

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