Terms of Use

1. The agreement and the parties

These terms govern the use of Seait (the "service"), provided by Seait AS (org. no. 930 847 763) ("Seait", "we"). The agreement is entered into between Seait and the harbour or organisation that subscribes to the service (the "customer"). By creating an account or using the service, the customer accepts these terms.

2. The service

The service is a web-based solution for managing a harbour and boat storage, including map, member, boat and berth administration, invoicing, communication and optional modules. We may develop, change and improve the service on an ongoing basis. Material reductions in functionality are announced with reasonable notice.

3. Account, access and security

The customer is responsible for its own users and roles, for keeping login credentials confidential, and for actions performed by its users. The customer must notify us immediately of any suspected unauthorised access.

4. Customer responsibility for content and personal data

The customer is the controller of the personal data it enters into the service, and must have a valid legal basis and inform the data subjects. The customer must use the service lawfully and must not enter unlawful content or special categories of personal data without a valid basis. The processing Seait performs on the customer's behalf is governed by the Data Processing Agreement.

5. Prices and payment

Prices, subscription and payment terms are set out in the order or a separate price agreement. Unless otherwise agreed, subscriptions are invoiced in advance, and prices may be adjusted with reasonable notice at renewal. All prices are exclusive of VAT unless stated otherwise.

6. Availability and support

We aim for high uptime, but the service is provided "as is" and "as available", without warranty of uninterrupted or error-free operation. Planned maintenance is announced where practicable. The scope of support follows the agreed plan.

Backups and recovery — how often copies are taken, how long they are kept and what is not covered — are described in section 6 of the Data Processing Agreement. The customer may in addition download a complete extract of its own data and files at any time, see section 11.

7. Intellectual property

The service and all rights to it belong to Seait or our licensors. The customer receives a non-exclusive, non-transferable right to use the service during the term. The customer's own data remains the customer's property.

8. Third-party integrations

The service may integrate with third parties (for example accounting, payment, email, SMS and video services). Such services may be subject to the third party's own terms, and we are not responsible for them.

9. Limitation of liability

To the extent permitted by law, our total liability is limited to what the customer has paid for the service in the preceding twelve months. We are not liable for indirect loss, lost profit, lost data or consequential damages. Nothing in these terms limits liability that cannot be waived under the law.

10. Term and termination

The agreement runs until terminated in accordance with the agreed notice period. In the event of a material breach, the agreement may be terminated. On termination the right to use the service ends, and the customer's data is returned and deleted in accordance with the Data Processing Agreement, see also section 11.

11. Data extraction, continuity and wind-down

The customer's data belongs to the customer. At any time during the agreement, the customer may download a complete extract of its data in machine-readable format directly from the service, without assistance from us and at no extra charge. We recommend that the customer does so at regular intervals — that copy is the one entirely under the customer's own control.

Should Seait decide to discontinue the service, the customer is given at least six months' notice before the service is shut down. During the notice period the service and the data extract remain available, and we assist within reasonable limits with the transition to another supplier by providing data in machine-readable format.

The customer's data does not form part of Seait's assets and may not be withheld as security or as leverage in a payment dispute. In the event of insolvency or bankruptcy, the customer is entitled to the return of its data.

The service is built on generally available and documented technologies, and the source code is maintained with documentation, so that operation, further development or migration can be taken over by other developers or a third-party supplier if necessary. Access to hosting providers and source code is not tied to any single individual; at least two people hold administrative access to every service, so that operations can continue and external consultants can be given access when needed. Escrow of the source code with an independent third party, released to the customer on separately agreed trigger events, can be agreed separately for a fee.

Accounting and invoice data resides in the customer's own accounting system and is available there independently of this agreement.

12. Changes to the terms

We may change these terms. Material changes are announced with reasonable notice, and continued use after they take effect constitutes acceptance.

13. Governing law and venue

These terms are governed by Norwegian law. Disputes are sought resolved amicably; if necessary they are decided by the Norwegian courts with Asker og Bærum District Court (Asker og Bærum tingrett) as legal venue, unless mandatory law provides otherwise.