Terms of Use

Introduction

Norada Corporation (“Norada”, ”We”, ”Us”, ”Our”) owns and operates the Solve™ site, located at norada.com and solve360.com, and the Solve™ mobile application (the “Application”). Together the Solve site and Solve mobile application are referred to as the “Service” and is provided to you (the “Account Holder”, ”Client”) under the terms and conditions outlined below. By using the Service, the Account Holder acknowledges the terms and conditions of the Terms of Use, Privacy Policy, Data Protection and where applicable the Data Processing Addendum (together these form the “Agreement”), and agrees to use the Service accordingly. This Agreement shall continue in effect for as long as the Account Holder is registered to use the Service.

Any new features that enhance or extend the current Service shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute Account Holder consent to such changes.

PLEASE READ THIS AGREEMENT CAREFULLY

Security

Norada and its employees are dedicated to maintaining Account Holder’s privacy and security. Norada will adhere to its stated privacy and security policies and at no time shall disclose any of personal information to any third party unless a specific demand is made by a lawful court order, or as otherwise stated in our Privacy Policy or, where applicable, Data Processing Addendum. However, Norada is unable to guarantee that third parties will not intercept data transmitted over the Internet. As a result, Norada does not warrant the security of any information the Account Holder transmits to or from our Services, and does so at their own risk.

Norada will maintain commercially appropriate administrative, physical, and technical safeguards to protect Account Holder Data. For more information see Data Protection. If you are located in the EEA, we comply with applicable legal requirements providing adequate protection for the transfer of Personal Information to countries outside the EEA. For more information request the Data Protection Addendum from Norada using the contact information below.

The Service

Norada is providing the Account Holder with the processing and storage of information (the “Content”, ”Personal Data”). Norada makes no guarantees as to the continuous availability of the Service or of any specific features of the Service. Norada reserves the right to change the Service without notice.

Children

The Service is not available to children under the age of 13. If Account Holder is under the age of 13, under no circumstances should Account Holder send us any personally identifying information, attempt to register or otherwise utilize the Service. If parents believe their child (any age under 18) has accessed our system without their permission, they can contact our Customer Care department whose contact information is located at the bottom of the Agreement.

Termination

Account Holder may stop using the Service and have their Content removed at any time. To do so Account Holder must contact Norada via email. Norada will remove the Content related to the Account Holder shortly after cancellation. If the Account Holder abandons their Content by not subscribing to the Service for a period of three (3) months, Norada reserves the right remove all Content related to the Account Holder.

Google Mapping Services

Some portions of the Service may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s Terms of Service.

Independent Parties

Norada supplies a private service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

User Responsibilities

Conduct

Account Holder acknowledges that Norada does not pre-screen Content, but that Norada and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Agreement.

Account Holder must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or which is likely to interfere with any other party’s use or enjoyment of the Service.

Registration Information

Account Holder agrees to provide true, accurate and complete registration information and to maintain, and promptly update Account Holder information as applicable. Account Holder agrees not to impersonate any person or use a name that Account Holder is not authorized to use. If any information Account Holder provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Norada has the right to terminate Account Holder access to the Service and Norada has the right to recover from Account Holder any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. Account Holder authorizes Norada to make any inquiries they consider necessary to validate Account Holder registration.

Correct Email

Account Holder agrees that they have access to the Internet and to a current email address other than the one that may have been provided to Account Holder by Norada. This email must be specified during the registration process when Account Holder sign up to the Service, and will be the email address that Norada will use to contact the Account Holder. Norada will not be liable for any undelivered email communications or any costs Account Holder incur for maintaining Internet access and an email account. Account Holder must promptly notify Norada of any change to their email address.

Privacy Account

Account Holder agrees that they have had an opportunity to review and accepts the terms of Norada’s Privacy Policy.

Passwords

Account Holder may not divulge their account password(s) to anyone else, nor may Account Holder use anyone else’s password. Norada is not responsible for losses incurred by Account Holders as the result of their misuse of passwords.

Mobile Applications

Norada may offer an Application that allows the Account Holder to access the Service on the Account Holder’s mobile device. Mobile devices must be purchased separately and are not included in the Account Holder’s Service subscription. The Application requires an active internet connection, and may incur data charges with the Account Holder’s wireless carrier, including roaming charges where applicable. The Application may collect technical data, including information about Application crashes and usage statistics, and may use certain third party libraries or modules. The Application constitutes part of the Service, and as such is subject to the terms and conditions of this Agreement.

Accessing and Downloading the App from App Store and/or Google Play Store

The following applies to the Application accessed through or downloaded from the Apple App Store or the Google Play Store:

• The Account Holder acknowledges and agrees that (i) the terms and conditions of this Agreement are concluded between the Account Holder and Norada only, and not Apple nor Google, and (ii) Norada, not Apple nor Google, is solely responsible for the Application and content thereof. The Account Holder’s use of the Application must comply with the Apple App Store or Google Play Store Terms of Services.
• The Account Holder acknowledges that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  
• In the event of any failure of the Application to conform to any applicable warranty, the Account Holder may notify Apple or Google, and Apple or Google will refund the purchase price for the Application to the Account Holder and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Application. As between Norada and Apple or Google, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Norada.
• The Account Holder and Norada acknowledge that, as between Norada and Apple or Google, Apple and Google are not responsible for addressing any claims the Account Holder has or any claims of any third party relating to the Application or the Account Holder’s possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• The Account Holder and Norada acknowledges that, in the event of any third-party claim that the Application or the Account Holder’s possession and use of that Application infringes that third party’s intellectual property rights, as between Norada and Apple or Google, Norada, not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• The Account Holder and Norada acknowledge and agree that Apple and Google, and Apple’s and Google’s subsidiaries, are third-party beneficiaries of this Agreement as related to the Account Holder’s license of the Application, and that, upon the Account Holder’s acceptance of the terms and conditions of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement as related to the Account Holder’s license of the Application against the Account Holder as a third-party beneficiary thereof.
• Without limiting any other terms of this Agreement, the Account Holder must comply with all applicable third-party terms of agreement when using the Application.

Hacking

If Account Holder uses, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, Account Holder access to the Service will be terminated and Account Holder will be subject to damages and other penalties, including criminal prosecution where available.

Rights and Disclaimers of Norada

Privacy

Norada will not intentionally monitor or disclose any Content, including but not limited to email addresses, unless required by law, regulation, court order, or as otherwise stated in our Privacy Policy.

Free Trials

No charge for use of the Service will be made during any free-trial period. The Account Holder is not however entitled to benefit from more than one free-trial. If Norada discovers that more than one free-trial has been requested, the Account Holder will become liable for payment of the subscription fee for all use of the Service made after the first free-trial period.

No Harassment

Norada is committed to maintaining a harassment-free environment for everyone and does not tolerate any form of harassment, including that based on race, gender, religion, age, sexual orientation, disability, or any other protected characteristic. Harassment encompasses offensive comments, intimidation, stalking, threats, unwelcome sexual attention, name-calling, or the excessive or inappropriate use of communication channels like emails, phone calls and social media. Engaging in such conduct will result in immediate suspension of direct communication and/or Service without notice.

Termination

Norada, in its sole discretion, has the right to suspend or terminate the Service and refuse any and all current or future use of the Service, or any other Norada service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of all Content related to Account Holder. Norada reserves the right to refuse Service to anyone for any reason at any time.

Payment

Except for the free-trial, the Account Holder agrees to advance payment of a Service subscription fee subject to:

• Account Holder providing Norada with complete, accurate and up-to-date payment information and expressly authorizing Norada to store the payment information with its third-party payment processor.
• Unless either Account Holder or Norada cancels the subscription prior to its expiration, the stored payment information will be used to charge Account Holder the applicable Service subscription fee immediately prior to the expiration of the then-applicable subscription term.
• In case the Account Holder or Norada cancels the Service subscription, the subscription will not renew for an additional subscription term, but Account Holder will not be refunded or credited for any unused period within the current subscription term.
• Account Holder is authorized to use such payment instrument in connection to paying for the Service subscription fee.
• Account Holder will not chargeback any amounts paid to Norada and will reimburse Norada for any fees associated with the foregoing.
• Norada reserves the right to change any fees it charges the Account Holder for access to the Service. Fees are in U.S. dollars unless specified otherwise.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Account Holder shall be responsible for payment of all such taxes, levies, or duties. If Norada has the legal obligation to collect taxes for which Account Holder is responsible, the appropriate amount will be invoiced to and paid by Account Holder.
• Downgrading to a lower plan Service subscripttion level may cause the loss of Content, features, or capacity. Norada does not accept any liability for such loss.

Non-payment

Norada shall be under no obligation to provide the Service if the subscription fee is not paid to us on time. The Account Holder must ensure that Norada has complete and accurate billing and contact information throughout the subscription period. If subscription fees become overdue, because for example, the Account Holder’s credit card is denied or has expired, Norada reserves the right to suspend access to the Service until the balance is paid or Norada may remove the Account Holder’s Content and prevent further access permanently.

Reactivation Fee

In the event of service suspension, a reactivation fee may apply. Specifics of the fee depend on the suspension's circumstances and will be communicated upon reactivation. Norada reserves the right not to reactivate suspended accounts.

Excessive Usage

Norada shall have the right, including without limitation where we, at our sole discretion, believe that Account Holder has misused the Service or otherwise use the Service in an excessive manner compared to the anticipated standard use (at our sole discretion), to offer the subscription in different pricing and/or impose additional restrictions as for the upload, storage, download and use of the Service.

Limitation of Liability

As the Account Holder you expressly understand and agree that in no event shall Norada be liable for (i) loss or inaccuracy of Content, (ii) interruption, suspension, or termination of the Service, (iii) damages caused other than by intentional misconduct, or (iv) any direct, indirect, special, incidental, consequential, exemplary, or punitive damages whatsoever, including, but not limited to, damages for lost profits, goodwill, disclosure of confidential information, or loss of privacy, arising out of or in any way related to the use of or inability to use the Service, or any of the associated services, even if Norada has been advised of the possibility of such damages. In no event shall Norada be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

Indemnity

Account Holder agrees to indemnify and hold Norada, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content Account Holder submits, posts, transmits or make available through the Service, Account Holder’s use of the Service, Account Holder’s connection to the Service, Account Holder’s violation of the Agreement, or Account Holder’s violation of any rights of another.

Disclaimer of Warranties

ACCOUNT HOLDER EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT THE ACCOUNT HOLDER SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NORADA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NORADA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET ACCOUNT HOLDER REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY ACCOUNT HOLDER THROUGH THE SERVICE WILL MEET ACCOUNT HOLDER EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Copyright

All copyright and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to Norada and nothing in this Agreement shall transfer any ownership rights whatsoever to the Account Holder.

The Account Holder retains ownership of any copyright and any other intellectual property rights related to the Account Holder’s Content. Intellectual property rights in Content will not be transferred to Norada.

Trademarks

Norada™, Solve360™, Solve™ and all related logos, products and services described in this website are either trademarks or registered trademarks of Norada and (aside from “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Norada. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Norada and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Norada.

Use of Logos

Notwithstanding the above, logos provided by Norada may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Norada or the Service. Norada logos may not be displayed in any manner that implies sponsorship or endorsement by Norada.

General Matters

Transfer of Rights & Obligations

Norada shall be entitled to transfer its rights and/or obligations under these Terms of Use to another party. The Account Holder may not transfer it rights and/or obligations under the Agreement without prior written authorization by Norada.

Waiver and Severability

If either Account Holder or Norada breach the Agreement, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of the Agreement turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the Agreement will still be binding.

Entire Agreement

This Agreement supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of the Agreement

Electronic Communications

To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding Account Holder account and/or Account Holder’s use of the Service (“Communications”), may be provided to Account Holder electronically and Account Holder agrees to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Service and/or delivered to Account Holder’s email address. Account Holder will print a copy of any Communications and retain it for their records. All Communications in either electronic or paper format will be considered to be in “Writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not Account Holder have received or retrieved the Communication.

Official Language

All Services to be provided, all obligations of Norada and all Communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.

GDPR Terms of Use for Customers in EEA

These additional terms will apply to the Account Holder from May 25, 2018 if the Account Holder is operating as a “data controller” (as defined in the GDPR) in their use of the Service.

The terms “personal data”, “data subject”, “processing”, and “processor” shall have the same meaning as defined in GDPR. Norada operates as the processor.

By using the Services and agreeing to the Agreement the Account Holder is providing Norada with instructions to process any Personal Data collected by the Account Holder through the Service on the Account Holder’s behalf.

The Account Holder shall ensure and warrant that the Account Holder is entitled to transfer personal data to Norada so that Norada may lawfully process and transfer the personal data in accordance with these Terms. The Account Holder shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable Data Protection Laws and have sole responsibility for the accuracy, quality, and legality of personal data processed by Norada in the provision of the Services.

Norada uses trusted partners (“Sub-processors”) in facilitating certain elements of our Service. By agreeing to these Terms you provide a general authorization to Norada to engage onward sub-processors, subject to the compliance with the requirements set out here. If the Account Holder would like to receive a list of Norada’s Sub-processors please contact Norada requesting a Data Processing Addendum using the contact information found at the bottom of this page. The Account Holder will have 15 days to contact Norada to object to a sub-processor. If the Account Holder objects to a particular sub-processor, whom Norada cannot disassociate with the Service, the Account Holder’s sole remedy will be to terminate the subscription to the Service. Norada will not be responsible for refunding any fees paid for the Service.

Norada will be liable for the acts and omissions of its sub-processors to the same extent Norada would be liable if performing the services of each of those sub-processors directly under these Terms.

If Norada becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, Norada will take reasonable steps to notify the affected Account Holders without undue delay. In any event Norada will contact the affected Account Holders within 72 hours of becoming aware of the security incident.

To receive a Data Processing Addendum (DPA) please contact Norada using the contact information below. The DPA applies where and only to the extent that Norada processes Account Holder Data that originates from the EEA and/or that is otherwise subject to EU Data Protection Law on behalf of the Account Holder as Data Processor in the course of providing the Service pursuant to the Agreement.

Contacting Norada

If Account Holder has any questions about this Agreement, the practices of this Norada, or Account Holder dealings with the Service, contact:

Norada Corporation
Customer Service Department
customercare@norada.com