Terms and Conditions

Last updated December 2023

 

Thank you for using Variment!

 

These Terms and Conditions apply to your use of the Variment Global Platform along with any associated software applications and websites and any other media form, media channel related, linked, or otherwise connected thereto (all together, “Services”). By using our Services, you agree to these Terms. 

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

 

Who We Are

Propl is a virtual work experience company. Our mission is to empower careers and connect talents

For more information about Variment, please visit: https://www.propl.global/about . Our Services are provided to you by:

 

Propl AS, a company incorporated in Norway with its registered office at Propl AS Gründergarasjen, OsloMet Pilestredet 52, 0167 Oslo and company number 926 409 263

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Agreement To Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Propl AS, a company established under the Laws of Norway (“Propl” “we,” “us” or “our”), concerning your access to and use of the Services.  

You agree that by using the Services, you have read, understood, and agree to be bound by these Terms and Conditions. 

 

Additional Service-Specific Terms

Depending on the specific Service or features you use, additional Service-specific terms and policies may apply to your use of our Services and are hereby expressly incorporated herein by reference. 

 

Registration and Access

Minimum Age. You must be at least 18 years old or the minimum age required in your country to consent to use the Services. 

 

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of an entity, you must have the authority to accept these Terms on their behalf.

 

The information provided on the Services is not intended for anyone else except the person who is using the Services and is not intended for distribution to or use, except as allowed in these Terms and Conditions.

 

Accordingly, those persons who choose to use the Services do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Propl AS reserves the right to take whatever action is necessary to protect the contents and ideas in the Services in its’ parts or in whole.

 

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

Using Our Services

What You Can Do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as the Service-specific terms and policies listed above.

 

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.

• You will maintain the accuracy of such information and promptly update such registration information as necessary.

• You have the legal capacity and you agree to comply with these Terms and Conditions;

• You are not under the age of 18.

• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.

 

What You Cannot Do. You may not access or use the Services for any purpose other than that for which we make these available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:

 

• Using our Services in a way that infringes, misappropriates or violates anyone’s rights.

• Modifying, copying, leasing, selling or distributing any of our Services.

• Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).

• Interfering with or disrupting our Services, including circumventing any restrictions or bypassing any protective measures or safety mitigations we put on our Services.

• Using our Services to develop models that compete with Propl.

• Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences that we’ve made available to you.

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

 

Corporate Domains. If you create an account using an email address owned by an organisation (for example, your employer), that account may be added to the organisation's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organisation has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organisation’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account. 

 

Third Party Services. Our services may include third party software, products, or services, (“Third Party Services”), Third Party Services are subject to their own terms, and we are not responsible for them. 

 

Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.

 

Content

Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.

 

Ownership of Content. As between you and Propl, and to the extent permitted by applicable law, Propl owns the Output. 

 

Our Use of Content. We can use your Content worldwide to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies and keep our Services safe. 

 

When you use our Services you understand and agree:

 

Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. 

You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.

 

Our IP Rights

We own all rights, title, and interest in and to the Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics as well as the trademarks, service marks, and logos contained therein.

 

The Services are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Services, you are granted a limited license to access and use, and to download or print a copy of any portion of the Services to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services.

 

Paid Accounts

Paid Subscriptions. Some of our Services allow you to purchase paid subscriptions to benefit from enhanced features and functionalities (the “Benefits”). The exact nature of the Benefits differs between Services and will be made clear to you before purchase. You can manage your paid subscription from your account settings. 

 

Fees: All charges, including subscription fees, will be made clear to you before purchase. 

 

Billing. If you sign-up for a paid subscription or purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. 

 

Cooling Off Period. You are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the relevant subscription period you have paid for. To cancel and request a refund please contact Support or fill out and send us the model withdrawal form, or alternatively you may complete the model withdrawal form as described under Termination and Suspension below.

 

Cancellation. Following the Cooling Off Period, you can cancel your paid subscription at any time by updating your account settings. You will not be charged after you cancel your paid subscription. You will continue to have access to the Benefits until the end of the subscription period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.

 

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

 

Termination and Suspension

Your Rights. You can stop using our Services and end your relationship with Propl at any time by simply closing your account and stopping your use of the Services. Instructions for how to do this are available here. 

 

EEA Consumer Withdrawal Right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting Support or filling out and sending us the model withdrawal form.

 

Propl Rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:

 

• You breached these Terms or our Usage Policies.

• We must do so to comply with the law.

• Your use of our Services could cause risk or harm to Propl, our users, or anyone else.

• Your account has been inactive for over a year and you do not have a paid account. 

• Notice. If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Propl or anyone else, or we are legally prohibited from doing so.

 

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting Support.

 

Our Commitments to You

How We Provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time. 

 

Liability. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us. We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.

 

Statutory Rights. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.

 

Dispute Resolution

Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can contact us at  hello@variment.io

 

OPTION A

Court. If we cannot resolve our dispute, you or we can go to your local courts in Norway.

 

OPTION B

Any legal action shall be commenced or prosecuted by the appropriate authorities in the Kingdom of Norway. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such courts.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration: 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the The Arbitration and Dispute Resolution institute of the Oslo Chamber of Commerce. For further information, refer to their website (https://en.chamber.no/tjenester/tvistelosning/)

Your arbitration fees and your share of arbitrator compensation shall be governed by the rules of The Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce, where appropriate.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable arbitration rules or applicable law, the arbitration will take place in the Kingdom of Norway.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in the Kingdom of Norway.

 

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions: 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration: 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with Propl and stop using our Services at any time.

 

Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

 

• Changes to the law or regulatory requirements.

• Security or safety reasons.

• Circumstances beyond our reasonable control.

• Changes we make in the usual course of developing our Services.

• To adapt to new technologies.

• We will give you at least 30 days advance notice of changes that materially adversely impact you and the date that they will come into force either via email or an in-product notification. If you do not agree to the changes, you must stop using our Services.

 

Delay in Enforcing These Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.

 

Governing Law. These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the Kingdom of Norway, applicable to agreements made and to be entirely performed within the Kingdom of Norway, without regard to its conflict of law principles.

 

Modifications And Interruptions. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

Contact Us

In order to resolve a complaint regarding the Services or to receive further information please contact us at hello@variment.io

 

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Business Use of the Services Addendum

Commercial and Business Use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use of the Services Addendum and the rest of these Terms, this Addendum shall take precedence.

 

Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.