TERMS OF USE FOR FISKHER AS ‚MOBILE APPLICATIONS
WELCOME TO THIS APPLICATION FOR MOBILE DEVICES (“APP”) FROM FISKHER AS (“COMPANY” or “VI”). THE TERMS OF USE BELOW (“TERMS OF USE”) WITH THE TERMS OF PRIVACY, WHICH ARE AVAILABLE AT www.fiskher.com/on the app (WHICH CAN BE CHANGED FROM THE TIME OF THE DAY TO ANNUE) . BY GIVING CONSENT, REGISTERING, ACCESSING, OR USING THE APP OR DOWNLOADING MATERIAL WHEN USING THE APP, YOU AGREE TO FOLLOW THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT AGREE, REGISTER, ACCESS OR USE MATERIAL DOWNLOADED THROUGH THE APP. MAKE SURE YOU KEEP UP TO DATE ON ANY CHANGES BY VISITING THE LEGAL PART OF THE APP OR WEBSITE REGULARLY.

Access rights
By agreeing to these Terms of Use, you may download the App version released by the Company in the public application store, install it on your device, use the App and view its content. Such access is non-exclusive and personal, i.e., not transferable to anyone.

The Company allows you to view and download content that includes, without limitation, the software object code, images, articles, videos, comments, likes, ratings, information and data generated, provided or otherwise made available by the Company through the App (“fiskher”) provided in the App for personal, non-commercial use only. This permission is not a transfer of ownership of the content and copies of the content, and is subject to the following restrictions: 1) you must retain all copies of downloaded content, all copyrights and other proprietary rights contained in the content; 2) you may not modify the content in any way, reproduce or publicly display, perform or distribute, or otherwise use or communicate it for any public or commercial purpose; and 3) you must not transfer the content to any other person unless you inform them and they agree to accept the obligations arising under these terms and conditions of use. You agree to comply with all additional restrictions displayed in the App as they may be updated from time to time. This App, including all content, is protected by worldwide copyright and treaty terms. By using this App, you agree to comply with global copyright rules, and to prevent illegal copying of the content. Except as expressly stated herein, the Company does not grant any explicitly or implied legal right to you under any patent, design, trademark, copyright or trade secret.

Access to other services
Subject to these Terms of Use, the Company may offer other services in accordance with these Terms of Use or use other terms (if specifically stated), as described more fully in the App, and selected by you, for your own use only, and not for use or for the benefit of any third party. Services shall include, but are not limited to, services that the Company offers free of charge or subject to subscription or, subject to the terms set forth under “Third Party Websites and Content” below, from third parties offering material displayed or performed through the App.

Technical limitations
Different router and device models may have firmware or settings that are not compatible with the App. The Company makes reasonable efforts to continuously develop the App to support all common mobile devices in markets where the App is distributed. However, the Company does not guarantee compatibility of the App with all mobile devices or other hardware. For the avoidance of doubt, you are responsible for the payment of any costs or expenses that arise as a result of downloading and using the App, including all operator network and roaming fees. Contact your service provider for details.

User accounts
You may be asked to open a user account to access certain limited parts of the App. In such case, you must complete the registration process by providing us with complete and accurate information as set forth in the applicable registration form. You will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password and your user account. Furthermore, you are fully responsible for any and all activity that takes place in your account. You agree to notify the Company immediately if you discover illegal use of your account or other security breaches. The Company will not be liable for any losses as a result of someone else using your password or your account.

User guarantees
You represent and guarantee that you will use the App in accordance with these Terms of Use including the Data Security Statement, applicable law, and with any and all existing and future policies and rules for this App. You also represent and guarantee that (i) you are not in a country that is subject to an embargo by the United States authorities, or that has been designated by the United States as a “terrorist-supporting” country; and (ii) you are not on a list of prohibited or restricted parties prepared by the United States Government. You agree that you will not use the App to: (a) send spam or unsolicited communications; (b) pretend to be the Company or anyone else; (c) falsify headlines or otherwise manipulate identifiers to hide the origin of any content disseminated on the site; (d) to appear as another person or entity; (e) act in a manner that adversely affects other users‘ ability to use the App; (f) engage in any activity that would violate any applicable law; (g) transmit or transfer material that breaks or violates the rights of others, or that is illegal, insulting, defamatory, vulgar, or otherwise offensive, or that contains advertising or solicitation of products; or services; (h) collect or store personal data about other users unless specifically authorized by such users, or (i) do not comply with the revocation of such permission as described in (h). If you do not comply with the above, you may not use the App and the Company reserves all of its legal rights in relation to such non-compliance.

If you violate these Terms of Use, you are responsible for paying compensation for any damage that may affect the Company and their partners, as a result of your actions.

Changes and suspension
The Company reserves the right, in its sole discretion, to change, modify, add or remove all or part of any part of these Terms of Use, at any time. Changes to these Terms of Use will take effect when notice of the change is published in the App. Your continued use of the App after these changes will be your consent to the changes.

The Company may terminate, modify and correct errors or omissions in any part of the App as well as make other changes to the App and the content, products, programs, services or prices (if any) described in the App. This also applies to the removal or termination of parts of the App, including access to functions in the App, at any time and without warning. The Company may also place restrictions on certain features and services or restrict your access to all or part of the App without notice or liability. Fiskher may terminate the authorization, rights and permission granted above at any time, and in the event of such termination, you shall immediately destroy all content.

The Company has no obligation to monitor the App, or the content sent via the App. However, the Company reserves the right to (i) remove, suspend, edit or modify content on the App, in its sole discretion, without limitation, any user content at any time, without noticing you, and by any reason (including, but not limited to receiving claims or allegations from third parties or authorities related to such user content, or if we are concerned that you have violated these Terms of Use), or without reason (ii) remove, suspend or block any user content from the App . The Company also reserves the right to access, read, store and disclose any other information (other than personal information) that is submitted or available in the App that the Company reasonably deems necessary to (i) satisfy applicable laws, regulations, legal process or government request (ii) enforce these Terms of Use, including investigating potential breaches thereof, (iii) detecting, preventing or otherwise dealing with fraud, security or technical issues, (iv) responding to support requests, or (v) protect the rights, property or safety of the Company, its users and the public.

Recognition of intellectual property rights
You acknowledge that all intellectual property rights (including, but not limited to, copyright, patent, knowledge, confidential information, database rights, and trademark and design rights (both registered and unregistered) in the App are related to the Company or their licensors. All goodwill and intellectual property rights that arise from the use of such intellectual property rights that are domiciled in the Company accrue to the Company.

App updates
These Terms of Use do not entitle you to any updates or upgrades to the App or to any maintenance releases, updates, repairs, extensions or improvements (collectively „updates“) to the App developed by the Company or its suppliers or licensors at any time in the future. The Company can offer updates and/or support. If offered by the Company, updates may be provided automatically or you may be notified when a new update is ready to be installed, or we will make such updates available for download. You authorize the Company to provide automatic updating if we believe it is necessary to ensure the continued operation of the App or for any reasonable business purpose. Your use of the Updates is governed by these Terms of Use unless you are asked to accept new or additional terms when downloading or installing. You also agree that you may need to revise these Terms of Use if you wish to download, install or use a new or modified version of the App.

Personal data and other information provided by you
The Company will help you take all necessary steps to protect your privacy and your personal information. Read our Data Security Statement to understand what kind of information we collect from the App and what measures we take to protect your personal information.

You shall not send confidential or proprietary information to the Company via the App. You agree that any information or material that you, or others acting on your behalf, provide to the Company, will not be construed as confidential or proprietary information. By providing such information or material (including ideas, concepts or knowledge) to the Company either via the App or otherwise, you hereby grant the Company and its affiliates a worldwide, non-exclusive, royalty-free, fully unpaid, perpetual and irrevocable license to : (a) use, reproduce, edit, modify, display, prepare derivative works of, communicate to the public and distribute such information or materials and otherwise make full use of such information or materials in connection with the App and the Company (and its successors and shipowners‘) business, including without limitation to promote and redistribute part or all of the App (and derivative works thereof) or any service in any media formats and through any media channels (including, without limitation, third party websites and feeds) mentioned above in accordance with these Terms of Use and our Data Security Statement (b) allow any person to assist the Company in do any of the things mentioned in point (a); and (c) sublicense any right granted under point (a) to any person. You also do so and shall grant to each user of the App and/or an associated service a non-exclusive license to access your information or materials through the App, and to use, reproduce, edit, modify, display, prepare derivative works of , communicate to the public and distribute such information or material in connection with the App. For the sake of clarity, the prior license to the Company does not affect your other ownership or license rights in your information or material, including the right to grant additional licenses to the material in your information or material, unless otherwise agreed in writing with the Company.

The Company reserves the right to anonymously track and report your activity in the App, to our third-party statistical service providers.

Safety
You may not: (a) use any device or software that may interfere with the operation of the App; or (b) do anything that imposes a disproportionate or unreasonable burden on the App’s infrastructure (for example, mass mailing – „spamming“), or (c) disrupt or damage the software portion of the App or its functionality. This includes posting material that is infected with viruses, Trojan horses, time bombs, or other items that may destroy or disrupt the App’s programming structure. You agree not to interfere with, or attempt to interfere with, the operation of the App in any way.

Websites and content from third parties
These Terms of Use are solely between you and the Company. The Company will be able to offer links to websites run by third parties in the App. The Company does not undertake to monitor or evaluate such third-party websites or their content, and the Company is not responsible for the accuracy or reliability of such websites or third-party content. If you use such third-party websites, you exit this App and you must comply with the applicable third-party terms. If you follow a link to a third-party website, you do so at your own risk, and it is your responsibility to take the necessary steps to protect yourself from viruses or other destructive elements. The Company makes no warranty or endorsement regarding links to third party websites, nor any information and content reproduced thereon, or any of the products or services described. Links to third party websites do not imply that the Company or this App supports, approves, is affiliated with, associated with or legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or available through the links, or that a linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its subsidiaries.

Push alerts
The app can send push notifications to users as part of normal operation. You can turn off push notifications in the App Settings.

Advertising
The App may run advertisements and promotions from the Company and its affiliates or other third parties. It is possible to turn off ads in the settings. However, if the App is supported by the ad, and if you prefer not to receive ads, you will need to disable the App.

Third party software
To the extent that the App contains third party software, all terms that come with such software apply in addition to these Terms of Use, and such third parties shall be covered by these terms.

Exclusion of implied warranties
Although we have tried to make sure that all the information in the App is correct, the Company has no responsibility in this regard. THE CONTENT MAY CONTAIN INACCURACIES, WRITING ERRORS AND OTHER DEFECTS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR RELIABILITY OF ANY ADVICE, OPINIONS, STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED. YOU CONFIRM THAT THE USE OF SUCH STATEMENTS, ADVICE, STATEMENTS, NOTES OR INFORMATION MUST BE AT YOUR OWN RISK. ALL CONTENT IS DELIVERED „AS IS“ AND „AS AVAILABLE“. THE COMPANY AND ITS BENEFICIARIES EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WHICH, DIRECTLY OR INDIRECTLY, INCLUDES WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE, SUITABILITY FOR PARTICULAR PURPOSES, OR INFRINGEMENT, IN ACCORDANCE WITH THE OPERATION OF THIS APP OR THE CONTENT OF THE APP. THE COMPANY DOES NOT GUARANTEE AND MAKES NO PROMISES ABOUT THE SAFETY OF THIS APP. YOU AGREE THAT INFORMATION SUBMITTED CAN BE MONITORED. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WHICH MAKE THIS APP AVAILABLE OR ELECTRONIC COMMUNICATION SENT BY ELECTROLUX OR THE APP ARE WITHOUT VIRUS OR ANY OTHER DAMAGE. ALL SUCH INSURANCE, WARRANTIES AND TERMS ARE EXCEPT UNLESS THE EXCEPTIONS ARE PROHIBITED BY APPLICABLE LAW.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND THEIR BENEFICIARIES BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL PENALTY, RETRIBUTION, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR PRODUCTION STOP) AS A RESULT OF, OR IN CONNECTION WITH, THE USE OF, OR THE INABILITY, TO USE THIS APP OR THE CONTENT, OR IN CONNECTION WITH THESE TERMS OF USE, EVENTHOUGH THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALIZATION IN THE FOREGOING, THE COMPANY AND THEIR BENEFICIARIES DISCLAIMS EXPRESSLY ALL LIABILITY FOR LOSSES, DAMAGES OR INJURY ARISING FROM THE USE OF THE APP VIA AN ATTACHED PRODUCT OVER WIFI, SMS, BLUETOOTH OR ANY OTHER CONNECTION TECHNOLOGY. IN ADDITION TO THE TERMS OF USE STATED HERE, THE COMPANY AND ITS BENEFICIARIES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ERRORS, INACCURACIES, EXCLUSIONS, OR OTHER ERRORS OR TIMELESSNESS OR UNAUTHENTICITY OF THE INFORMATION IN THIS APP. ALL LIABILITY FOR COMPANIES REFERRED TO IN THIS SECTION IS EXCLUDED TO THE EXTENT THE LAW PROHIBITS EXCLUSION. IN CASES WHERE EXLUSION OF LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, THE COMPANY AND ITS BENEFICIARIES DISCLAIMS THE RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING EXCLUSION OF LIABILITY FOR DIRECT AND INDIRECT DAMAGE, AND FURTHER THAT YOU ALWAYS HAVE TAKEN ALL REASONABLE STEPS TO REDUCE YOUR LOSS AS A RESULT OF CLAIMS OR ACTIONS (NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE), WHICH YOU CAN BRING AGAINST THE COMPANY. IN ALL CIRCUMSTANCES, ANY MEASURES THAT YOU MAY TAKE REGARDING THE USE OF THE APP MUST BE STARTED AT WITHIN ONE (1) YEAR AFTER THE CLAIM OR ACTION OCCURS.

Notes
All references to „written“, „remarks“, „message“ and all other similar terms shall include electronic means of communication (for example, e-mail), provided that the party dependent on the information receives acceptable proof that the information was sent and received evidence is considered received with less clear indication that it has not been received is presented.

Invalidity
If a competent court for any reason finds that a provision of the Terms of Use or parts thereof cannot be enforced, this provision shall be enforced to the maximum permitted degree out of consideration for the intent of the Terms of Use. The rest of these Terms of Use shall continue in full force and effect.

Current legislation
To the extent permitted by applicable statutory consumer rights, your use of this App will be governed by the laws of Norway, without regard to conflict between statutory provisions.

Beneficiary third party
You and the Company acknowledge that Apple Inc., Google Inc. and its affiliates are third party recipients of these Terms of Use. In this regard, you and the Company acknowledge that they have no obligation to (a) provide maintenance and support services in relation to the App, (b) address any claims from you or any third party related to the App or your possession and/or use of the App; or (c) indemnifies you for any third-party claims, any responsibility for the operation of the App.