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Terms of Use

1. Welcome to Pashn

 

Thank you for using Pashn! These terms and conditions apply to our service offered through our mobile applications ("apps"), all owned and operated by Pashn AS, org. no. 919 742 380 (hereinafter referred to as “Pashn”, “we”, and “us”). We refer to the app in this agreement, as well as the information, resources, services, products, and tools offered by us, either directly or indirectly by using Pashn, as "The Service". Pashn's mobile applications are also referred to as "the app". By using the Service or by accessing content or materials made available by Pashn through the Service, you understand and accept the terms of the agreement.

 

Your agreement with us includes these terms and our privacy statement, which you have access to and can review in this app. The terms and our privacy statement are referred to as "the agreements". If you wish to review the terms of the agreements, you can find the current version on the profile page in the app or on our website.

 

Please read the agreements carefully, as they contain important information about the Service. By using the Service, you acknowledge that you have read and understood the agreements, that you accept the agreements, and that you consent to be bound by the agreements. If you do not agree with, or cannot comply with the agreements, you may not use the Service.

 

Individuals who create a user account are hereafter referred to as Users or the User.

 

2. Responsible Use

 

By using Pashn, and through the Service gaining access to information, resources, advice, and tools offered by us, either directly or indirectly, you agree to use the Service only for purposes that are permitted by (a) these terms, (b) our privacy statement, and (c) applicable laws, regulations, and generally accepted practices ("acceptable use").

 

You understand and agree that we may immediately terminate or suspend your Pashn account if you breach acceptable use.

 

3. Right to Use Pashn

 

The Service belongs to Pashn or Pashn's licensors. We grant you as a User of the Service a limited, non-exclusive, and revocable license to use the Service for non-commercial use of the service ("the license"). This license shall apply until it is terminated by you or Pashn. You warrant and agree that you may only use the Service for non-commercial purposes, and that you will not seek to commercialize the Service. Except for the rights expressly granted to you in these agreements, Pashn grants you no further rights to the Service.

 

The Service is provided to you as a User in the form of a limited use license. Pashn retains ownership of all copies of Pashn software and the Service in general, even if you as a user have downloaded this to your mobile devices. You do not have the right to resell, license, dispose of, or otherwise exercise any form of ownership rights related to Pashn software, the content of the Service, or the Service in general beyond using the Service.

 

All Pashn trademarks, service marks, logos, domain names, and other features of the Pashn brand remain the sole property of Pashn or its licensors. The agreements grant you no rights to use the Pashn brand for any purpose, whether commercial or non-commercial.

 

Pashn may at its discretion take measures that we deem suitable to protect the intellectual property rights of any rights holder.

 

4. Payment and Cancellation

 

Access to the Service requires that a continuous subscription is taken out. The subscription has a fixed monthly price.

 

Payment is made through third-party payment solutions. Third-party payment solutions may have their own fees, which the User must pay according to the terms set by the third party.

 

Pashn reserves the right to adjust the price of the subscription. Price changes do not have retrospective effect but come into effect from the next payment according to your subscription plan.

 

As a user, you can cancel your subscription at any time. Upon cancellation, you will retain access to the Service until the payment period you have chosen has expired.

 

5. Registration

 

Pashn can only be used by physical persons over 18 years old.

 

When registering, the User must provide their email address and choose a username and a password.

 

The User may choose to provide more information than this when creating their user account.

 

It is not allowed to register with other people's personal information, but the User can choose to be anonymous and not provide their own name. By using the Service, the User confirms that the email address is correctly provided and that it shall be kept up to date at all times. The email address is used to confirm the user account and to receive a new password.

 

The information you provide about your relationship and your partner is stored only locally on your mobile or your tablet. This information is encrypted and is not transferred to Pashn.

 

Users are fully responsible for the activity that occurs through their user account.

 

Pashn reserves the right to freely reject the registration of the User if Pashn believes there is a just cause to prevent the use of the Service, for example, if it appears likely that the User intends to misuse the Service.

 

The use of automated systems (bots, etc.) or other unethical methods for registering a user account or to gain access to the Service is not permitted under any circumstances. The User is responsible for ensuring their user account is not used by anyone other than the User themselves. In the event of unauthorized use or suspicion of unauthorized use of the user account, Pashn must be notified immediately.

 

6. User Security

 

As the creator of your Pashn account, you have access and control over your Pashn account and the devices used to access the Service. To maintain control over the account and to prevent anyone from accessing your account, you undertake to maintain control over the devices used to access the Service and not to disclose the password or payment details associated with your account to anyone. We reserve the right to terminate your account or put your account on hold to protect you, Pashn, or our partners from attempts at identity theft or other fraudulent activity.

 

Your password is encrypted and cannot be seen by Pashn. It is your responsibility not to forget your password. If you forget your password, you can have a new one sent. Your password is used to restore an encrypted copy of your data if you lose your device where the app is installed. If you do not remember your password when logging in on a new device, we will not be able to restore your data.

 

7. Content in the Service

 

The Service provides tasks, tips, and reflections for the User for their relationship. Certain parts of the Service depend on information from the User.

 

The User is solely responsible for the information provided to Pashn. You warrant that you, to the greatest extent possible according to applicable law, indemnify Pashn and its licensors from any claim from a third party alleging that your content infringes third party rights, applicable law, regulations, or other legal requirements, including any loss, all costs, and expenses, that have arisen in connection with such a claim from a third party.

 

Furthermore, by visiting and accessing the Service, you accept that:

 

a) To access the Service, you will be asked to provide your email address as part of the registration process. You warrant that your email address is correct and updated at all times.

 

b) You are solely responsible for maintaining the confidentiality of login information associated with accounts you use to access the Service. Thus, you are also responsible for all activity that occurs under your account.

 

c) It is strictly forbidden to access (or attempt to access) the Service by any means other than those we provide. You agree to refrain from accessing (or attempting to access) the Service through any automated, unethical, or unconventional methods.

 

d) It is strictly forbidden to engage in any activity that disrupts or interferes with the Service, including the servers and/or networks to which the services and resources are located or connected.

 

e) Attempts to copy, duplicate, reproduce, sell, or resell the Service are strictly prohibited.

 

f) You are solely responsible for any consequences, losses, or damages that we directly or indirectly incur as a result of unauthorized activities carried out by you, as explained above, and you acknowledge that violations of this may result in criminal or civil liability.

 

g) To the extent permitted under applicable law, you agree to indemnify Pashn for all losses, expenses, damages, and costs, resulting from the breach of our rules of conduct, or from the non-fulfillment of obligations related to your account, incurred by you or other people using your account.

 

If the Service is used in violation of the User Terms, or if Pashn suspects such misuse, Pashn may suspend and block the User's access to Pashn on a temporary or permanent basis. The same applies if Users perform actions that are contrary to Norwegian law. Access can be blocked with immediate effect and without notice.

 

Criminal acts carried out by the User or others may be reported to the police.

 

8. Right to Analyze Data to Improve the Service

 

Pashn reserves the right to collect and use certain types of data for analytical purposes to improve the Service. The generation of analyzed data will take place on your local device so that information transferred to Pashn does not contain identifying information and will only be compiled into statistics in a completely anonymous form.

 

The use of personal data is covered in Pashn's privacy statement.

 

9. Disclaimer of Product Functionality and Performance

 

Although Pashn will do its best to deliver a good service, the Service is provided as is, and no direct or indirect warranty is given in this regard. Similarly, no guarantee is given that the Service will be secure, error-free, without viruses or malicious code, or meet any form of performance or quality requirements. Pashn expressly disclaims any warranty, including and without exception, warranties for suitability for particular

 

 purposes, compliance, capability, security, and accuracy. No guarantee is given that the Service will be available at all times. We do not guarantee that your use of Pashn will meet your needs or requirements. We also cannot guarantee that any errors in the operation or functionality of the Service or other resources we offer will be repaired or corrected.

 

You use the Service at your own risk and responsibility. Pashn and the owners of the Service give no guarantee regarding the Service having satisfactory quality or being suitable for a particular purpose. Neither Pashn nor third-party providers guarantee that the Service does not contain malicious software. Pashn guarantees in no way and is not obliged by, any form of information or advice from the Service, whether this is stated orally or in writing, except as expressly stated in these user terms. This provision applies as far as something else does not follow from mandatory law.

 

The functionality of the Service may from time to time change, and Pashn may freely and without notice make changes to the setup, design, content, and rules for using it.

 

10. Limitation of Liability and Indemnification

 

The use of the Service is at your own risk, and the User assumes full responsibility and risk for loss based on their own use, including, but not limited to, loss of service or data. Pashn is not responsible for any direct, indirect, special, incidental, or consequential damages, either on the basis of contract, law, damage (including, but not limited to negligence), or otherwise related to, or resulting from, the use of the Service, including costs and financial losses as a result of divorce, even if Pashn has knowledge of, or should have had knowledge of the possibility of such damages or losses.

 

Pashn does not guarantee that the use of the Service will positively affect your relationship, and you cannot hold Pashn responsible for advice and guidance provided through the Service. Because the Service has limited information about you, your partner, and your relationship, the Service will not always be able to provide advice that suits you and your partner. The use of the advice, guidance, and tips provided through the Service is at your own risk, and the User assumes full responsibility and risk for this use.

 

You acknowledge that your only remedy for problems, dissatisfaction, or lack of effect with the Service is to terminate your subscription and uninstall the Service. If you change the device and do not remember your password when logging into the app, we will not be able to restore your data from our encrypted copy. You acknowledge that in such cases, you have no claim for a refund from Pashn for payment for your subscription, and that if you do not wish to use the app further, you can cancel your subscription with the consequence that you must pay for the subscription period you are in.

 

Some links in the Service may lead to websites, resources, or tools maintained by a third party that is beyond Pashn's control. Without limiting the foregoing, no direct or indirect warranties are given regarding such websites, resources, and tools, and links to such websites, resources, or tools should not be interpreted as an endorsement of or support from Pashn.

 

The disclaimers and limitations of liability above apply to the extent permitted by law.

 

To the extent it stands in accordance with applicable law, you agree to indemnify Pashn for all losses, expenses, damages, and costs, including reasonable attorney fees, as a result of a breach of these terms or failure to fulfill obligations related to your account, incurred by you or others using your account.

 

11. Termination of User Account

 

Users can terminate their user account with Pashn at any time. The User can terminate their subscription as outlined in point 4 of these user terms. These User Terms will apply until the user account is terminated by the User or by Pashn. Pashn can terminate the agreements or suspend your access to the Service at any time, including in cases of unauthorized use of the Service, or suspicion of such unauthorized use, and/or if the agreements are not adhered to. You consent that Pashn shall have no obligations or liability towards you if you or Pashn terminate the agreement. At the same time, you consent that Pashn is not obliged or responsible for refunding amounts that you have already paid, unless it follows from mandatory law.

 

Except for those provisions which, either expressly or by nature, must continue to apply after the termination of the agreement.

 

12. Changes to User Terms

 

Pashn reserves the right to update these User Terms at its discretion. The User Terms may be updated without Users of the Service being notified, and it is the Users' responsibility to be familiar with the content of the User Terms at all times. In the event of significant changes to the User Terms, Pashn will notify Users of this through the Service or by email. Your continued use of the Service after such changes will constitute acknowledgment of the changes and consent to the amended terms. Users who do not wish to use

 

 the Service following the changes can terminate their user account with Pashn at any time by contacting us.

 

Pashn is free to change the price of using the Service at any time. Price changes will be communicated in advance, and do not have retrospective effect on purchases of services that have already been made. By further use of the Service, the User accepts the new price terms.

 

13. Disputes

 

These User Terms are governed by Norwegian law. In the event of disagreement and disputes around the User Terms and the use of the Service, Users of the Service agree that Telemark District Court, legal venue Skien, is the correct venue.

 

14. Miscellaneous

 

a. Precedence Clause

What is stated in this agreement constitutes all terms and conditions applicable in the contractual relationship between you and Pashn. This agreement replaces any previous agreements between you and Pashn related to the same contractual objects, both previous written and oral agreements.

 

b. Transfer of Contractual Positions

Pashn may delegate all or parts of its duties under the agreement. Pashn may also transfer one or more parts of the agreement. You do not have the right to transfer your contractual position, either in whole or in part, and you may not sell, rent, lease, or sublicense your rights under the agreement, to a third party.

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