Terms and Conditions of Use

Welcome to The Office Planner platform. By using our services, you agree to the following Terms and Conditions, which form a legal agreement between you (the "Customer") and Empire AI AS ("Empire AI"). Please review these terms carefully.

1. Access and Use Rights

Empire AI AS grants the Customer a non-exclusive, non-transferable, and non-assignable right to remotely access and use The Office Planner platform, as detailed in the Subscription Form (the "Service"). This right is valid for the term specified in the Subscription Agreement and is subject to compliance with these terms.

Customers may also be granted access to a free demo user, which allows limited use of The Office Planner platform for evaluation purposes. Access to the demo user is provided at no charge and is subject to the same terms of use as outlined in this agreement.

2. Service Provision and Updates

The Office Planner platform's functionalities are provided as outlined in the most recent release. Empire AI reserves the right to modify, enhance, or remove parts of the functionality. Customers will receive prior notification of significant changes, and acceptance is assumed unless objections are submitted in writing within 30 days of notification. If concerns cannot be resolved, Empire AI may terminate the affected services.

3. Maintenance, Monitoring, and Support

  • Maintenance and Upgrades: Empire AI may perform maintenance and updates, which may temporarily affect platform availability. We will schedule such maintenance during off-peak hours and provide advance notice where possible.

  • Usage Monitoring: Empire AI monitors platform usage to generate anonymous statistics and improve services while protecting against unauthorized use. No personal data will be processed for these purposes, and all data is treated confidentially, shared only when required by law.

  • Content Filtering: Empire AI reserves the right to inspect, block, or delete any content suspected to contain malware, spam, or unauthorized material. Customers will be notified unless legal or security obligations prevent this.

  • Technical Support: If included in your Subscription, technical support will be provided as per the Order Form. While we will strive to address technical issues, resolution of all issues cannot be guaranteed.

4. Data Protection and Confidentiality

Empire AI handles customer personal data solely under the terms of the "Personal Data Processing Agreement." Both parties agree not to disclose any Confidential Information obtained from the other party, using reasonable measures to protect it from unauthorized use or disclosure. This obligation extends for five (5) years post-termination of this Agreement.

Confidential Information does not include information that is public, previously known to the receiving party, independently developed, or disclosed by a third party without confidentiality obligations.

5. Fees, Invoicing, and Payment Terms

  • Fees: Fees for services are based on the buildings added by the Customer in The Office Planner platform. Invoices are issued upon the addition of new buildings or as otherwise specified in the Customer’s subscription with Empire AI AS. Payment is due within 14 days of the invoice date, unless an alternative arrangement has been agreed upon in the Customer's subscription. Overdue payments may incur a 2% monthly interest charge.

  • Taxes: Fees exclude VAT, which will be added in accordance with the applicable VAT regulations in the Customer’s country. The Customer is responsible for any VAT required by their jurisdiction, unless valid proof of exemption is provided.

6. APIs and Integrations

Depending on the subscription plan, the Service may include integrations with third-party applications. Empire AI cannot guarantee the availability of these integrations and may provide its own APIs, which customers may access in accordance with usage policies set by Empire AI.

7. Intellectual Property

All intellectual property rights in and to the platform remain with Empire AI. Use of the platform does not transfer ownership of any intellectual property rights to the Customer.

8. Data Security and Customer Data

Empire AI AS may use, sell, rent, or lease anonymized and aggregated Customer Data to third parties in compliance with applicable data protection laws. Any data shared with third parties will be anonymized and aggregated to prevent the disclosure of personally identifiable information, unless explicitly authorized by the Customer. The sharing or sale of this anonymized data supports the continuous improvement of machine learning models within The Office Planner.

Empire AI AS is committed to safeguarding Customer Data and ensures that any sharing, sale, or distribution of Customer Data aligns with industry standards for data privacy and security, providing transparency in our data handling practices. Personal data, which includes any data that could identify an individual, will never be shared with or transferred to third parties without the explicit prior approval of the data controller.

9. Disclaimer of Warranties

The platform is provided "as is," with no warranties or guarantees regarding uninterrupted, error-free service. Empire AI disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitations on Liability

  • Indirect Damages: Neither party is liable for indirect, incidental, or consequential damages, including lost profits or business interruption.

  • Total Liability Cap: Empire AI’s total liability will not exceed the fees paid by the Customer in the 12 months preceding the event leading to the claim.

11. Compliance and Force Majeure

  • Compliance: The Customer is responsible for ensuring their use of the platform complies with all applicable laws and regulations.

  • Force Majeure: Empire AI is not liable for delays or failures due to circumstances beyond its control, including natural disasters, governmental actions, or network disruptions.

12. Miscellaneous Provisions

  • Entire Agreement: This Agreement represents the complete understanding between the parties and supersedes all prior agreements related to its subject matter.

  • Severability: If any provision is found unenforceable, the remaining terms continue in full effect.

  • Amendments: Any amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

  • Governing Law and Jurisdiction: This Agreement is governed by Norwegian law, and disputes are subject to the exclusive jurisdiction of the Bergen District Court.