Terms of Service

General

In these terms of service (“Terms of Service”), the words “you," “your,” and “User” mean each and every person who accesses or uses any Service (as defined below), including any business or other entity on behalf of which any Service is accessed. The words “we," “us," “our,” and “Draum” mean Draum AS.

Please review these Terms of Service before using or accessing any products or services offered by Draum (each, a “Service,” collectively “Services”), which include but are not limited to Draum websites and the subdomains thereof (collectively, the “Site”).

All Services are provided by Draum. By accessing or using any Service, including the Site, you signify that you have read, understand, and agree to be bound by these Terms of Service, regardless of whether you have registered with Draum as a user.

IF YOU DO NOT AGREE TO THESE TERMS WITHOUT LIMITATION OR EXCLUSION OR TO ANY CHANGES TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY EXIT THE SITE AND STOP USING THE SERVICE.

Changes to these Terms of Service

We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on this page and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of any Service after we have made any such changes constitutes your acceptance of the new Terms of Service.

Services

The Draum Services provides information, answers and other texts (“Outputs”) to the User’s requests (“Inputs”) by leveraging proprietary and third party’s artificial intelligence based on large language models. The Services adjust and correct the information provided by third party artificial intelligence to provide knowledge-based information, with proper reference work checks.

Outputs may not be unique across users and the Services may generate the same or similar output for different users.

The Services are offered through different modules and integrations with specific applications or websites, as may be made available by Draum from time to time.

The Services aim to be as accurate as possible; however, given the probabilistic nature of machine learning, the Outputs may in some situations result in incorrect information that does not accurately reflect facts or data. The User should evaluate and confirm with other sources the accuracy of any Output.

Changes to Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the Services, specific modules or integrations with applications or websites. We will notify you about significant changes before such changes come into force and give you a possibility to evaluate the effects of proposed changes and take necessary measures. Notification will be given through the Site, the Service, or by email. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Limited Licence

You are granted a non-exclusive, non-transferrable and time-limited access right to the Services. Your licence and access reflect the subscription plan to which you have registered. The access right is time-limited to the duration of your user account.

The access right granted here does not include the right to access the source code or object code, or otherwise access parts of the Site or Service which are not intentionally made available by Draum. The access right does not include the right to modify, reproduce, reverse-engineer, decompile, disassemble, copy, or imitate the Site or the Service.

Draum reserves the right to take various actions against you if Draum believes you have engaged in activities restricted in these Terms of Service and to protect Draum, other users, and other third parties from any liability, fees, fines, or penalties. Such actions may include, but are not limited to: limiting or completely closing your access to the Services, or terminating your user account and your access to the Services.

Your Account

To access our Services, you must create a user account with Draum by providing your email address. In case of paid subscription plans, additional information may be necessary. This process will include creation of a login and password to access the Services. When you sign up for a user account, you agree to provide accurate, current, and complete information, as may be prompted by any registration forms available through the Site (“User Information”). You further represent that you are a legal owner of, and that you are authorised to provide us with, all User Information and other information necessary to facilitate your use of the Site and Services. You authorise us to make any inquiries we consider necessary to validate your identity, if necessary. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Site and/or Services.

Your account is personal and is only meant for you. You may not share your login details with third parties, nor register other people’s names, addresses or other contact information to your personal profile. The User Information that you submit to your personal profile shall be your own. You are responsible for ensuring that your information is correct and up to date. Your password and log-in details shall be stored in a safe location.

You are prohibited from using a login or password of another person to access the Services. You are responsible for maintaining the confidentiality of your account and password and accept sole responsibility for any and all activities that occur under your account or password. If you believe or have reason to believe that any of your User Information, including your login and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at hello@draum.com. However, you may be held liable for losses incurred by Draum due to someone else using your account or password.

If your User Information changes, you agree that you will update this information as soon as possible. To update your User Information, you should update your User Information in your account accordingly.

User Content and User Data

All Inputs you insert, submit, post, or display into the Services are referred to as “User Content,” including additional Inputs inserted, submitted, posted, or displayed by the User in responses or as a reaction to the Draum’s Outputs.

You retain ownership of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service.

User Content together with other non-public data provided by User to Draum shall be referred as “User Data.” Users shall retain all right, title, and interest in and to User Data, as well as any data that is based on or derived from User Data.

We have no obligation to store, maintain, or provide you a copy of your User Content. We do not pre-screen User Content, but we retain the right (but not the obligation) in our sole discretion to refuse or remove any User Content that is available via the Site or Service.

Licence to User Content

The User hereby grants to Draum a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, irrevocable, perpetual, right and license to use, download, keep, store, make copies of, the User Content for any purposes, including, but not limited to, providing and improving the Services, and machine learning.

Sharing of User Content

The User hereby acknowledges and agrees that Draum may share User Content with third party service providers that provide large language models artificial intelligence services. Draum may change such service providers from time to time.

User Representations

You represent, covenant, and warrant that (i) you will use the Service only in compliance with all applicable laws and regulations, and in a way that will not harm the Services or anyone else’s use of it; (ii) the information you provide us is true, accurate, and complete, as you are solely responsible for such information; and (iii) your use of the Services do not violate any laws or regulations or any agreements with any third parties.

You further represent, covenant, and warrant that you will not (i) try to reverse engineer, disassemble, decompile, extract, or decipher the Site or the Services or software making up the Services, (ii) navigate or search the Site or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), (iii) use a mean other than Draum’s provided interface to access the Site or the Services, (iv) use the Site or the Services in a way that could impair, overburden, damage, or disable any portion of the Site or Services, or (v) copy, mirror, or wrap any material or content contained on the Site or the Services.

Proprietary Rights in Service

Draum retains all rights to all elements of the Services. This includes, but is not limited to, the rights and ownership to source and object codes, algorithms, accompanying documentation, user interface design, graphics, illustrations, data, drawings, images, concepts, techniques, hardware, and specifications, design, trademarks, know-how, trade secrets, copyrights, and all other intellectual property rights.

Subscription and Subscription Period

The paid subscription plans are offered on a monthly basis (“Subscription Period”). You will be able to choose your subscription plan while registering your account and will be able to upgrade your plan in your account. The Subscription Period renews automatically for a new Subscription Period of the same length as the previous one, unless the User cancels the Services in the User Account.

During the Subscription Period, the User shall have access to the Services acquired and included in its Subscription.

Draum may add, remove, or change plans at any moment. In such cases, Draum will notify you previously of the addition, removal, or change of plans.

Subscription Fee, Change in Fee

Certain Services are subject to a subscription fee (the “Subscription Fee”). The subscription fee varies according to the subscription plan and may be billed on a quarterly or yearly basis depending on your choice of Service Period when registering, and excludes any taxes or VAT, which shall be charged by us as applicable. Draum reserves the right to change the Subscription Fees at any moment by giving Users a thirty (30) days’ prior notice, which shall be applicable to the following Subscription Period. Such notice may be provided at any time through the Draum website, the Service, or by email.
If the User does not agree with the new Subscription Fees, User must terminate the Services.

Payment

In case you acquire a paid subscription plan, we require you to provide a valid debit or credit or other billing information to us.

Card payments are processed via a third-party service provider, Stripe (“Stripe”). Stripe is licensed to provide these payment services and complies with the relevant laws and regulations. All payments for the Services are subject to the Stripe terms and conditions and privacy policy, which may be amended from time to time, and to which User must accept.

All card data is stored by Stripe. Draum does not store any card data. The User may delete a stored card in the User’s profile on the Site. Draum shares with Stripe User Information and Stripe will collect and process directly the User’s billing address, company details and card details.

The User authorises Stripe to process card payments for the Services on the User’s behalf. The payment amount will be equal to the total pricing of the User’s order according to the Subscription Period.

Lack of Payment

If Draum does not receive payment in accordance with Terms of Service and the Subscription Plan, Draum reserves the right to suspend the Services and the User may not be able to access the Services. If User does not pay within thirty (30) days after the suspension of the Services, Draum will consider the Services terminated.

Cancellation and Termination

You are solely responsible for properly cancelling your account. Cancelation request must be done through the User Account within the Site. You can also cancel the account by contacting us via email at hello@draum.com.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Privacy Policy

Draum is situated in Norway and is thereby subject to Regulation 2016/679 (EU) - General Data Protection Regulation (hereafter referred to as the “GDPR”). All personal data processed by us shall be processed in accordance with the GDPR.

We maintain a Privacy Policy, and it details how we handle and protect data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on our Site.

Warranty disclaimer

The Site and the Service are provided on an “as is” and “as available” basis without express or implied warranty of any kind, and we do not guarantee or ensure any transaction. We may, from time to time, need to temporarily suspend access to the Site or the Service due to software updates or maintenance. We shall correct any errors as soon as possible. Nevertheless, we do not guarantee a specific time limit for correction of errors, and we are not liable for any loss due to errors or downtime of the Site or the Service.

We do not warrant that the Services will fulfil any of your particular purposes or needs, nor that it is provided without faults, or that the Outputs are accurate and error-free.

Your sole and exclusive remedy for any problems or dissatisfaction with the Site or the Service is to delete your account and stop using the Service.

The Service is controlled and operated from its facilities in Norway. Although the Service may be accessible worldwide, we make no representation that the Service or the materials on the Service are appropriate or available for use in locations outside of Norway, and accessing the Service from territories where its use is illegal is prohibited.

Indemnity

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (i) your user content; (ii) use of the Site or the Service; (iii) your violation of any law or regulation or the rights or good name of any third party; and (iv) violation of these Terms of Service, or violation of any rights of another.

Limitation of Liability

We, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall in no event be liable for (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by us on your behalf; (v) any interruption or cessation of transmission to or from the Service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (viii) for the other users, tenants, brokers, or retail property owners; (ix) any indirect, special, incidental, punitive, exemplary or consequential damages; or (x) any loss of use, loss of profits, loss of savings, loss of reputation or loss of goodwill arising out of or in connection use of the Site or Services, whether or not such damages are based on tort, warranty, contract or other legal theory, even if we have been advised or are aware of the possibilities of such damages, and even if a remedy fails of its essential purpose.

Any claims for damages must be notified to us within ninety (90) calendar days of the date you first know or reasonably should know of the event giving rise to such claim. Any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim.
This section applies to the fullest extent permitted by applicable law.

Force majeure

No party to this agreement shall have any liability whatsoever or be in default for any delays or failures in performance under this agreement resulting from any occurrence of an event of Force Majeure.

For the purpose of this agreement, “Force Majeure” means events beyond the reasonable control of the parties, including but not limited to riots, war, lockouts, civil commotion, blockage, embargo, destruction or production facilities or materials by fire, explosion, earthquake or storm, labour strikes or disturbances, epidemics and pandemics, failure of public utilities or common carriers, adverse weather or any other event beyond the reasonable control of the party affected by the Force Majeure event.

The existence or any reasonable probability of any event of Force Majeure shall be immediately notified by the party affected to the other party. The affected party shall use all reasonable endeavours to remedy as quickly as possible the effect of the said event of Force Majeure.

Communication

To the fullest extent permitted by law, these Terms of Service, notices and other communications (collectively, “Communications”) from us to you regarding these Terms of Service or the Services may be provided to you electronically through the Site, the Service, or by email, and you consent and agree to receive those communications in an electronic form.

Choice of Law and Legal Venue

The Terms of Service will be governed by and construed in accordance with Norwegian law, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the Oslo District Court for all disputes related to or arising out of this agreement and waive any objection to such jurisdiction or venue.

Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Norwegian and local laws and regulations, including but not limited to export and import regulations.

Customer

This section applies if you are a User who is an EU/EEA or UK resident acting as a consumer.
In such a case, nothing in these Terms of Service will deprive you of the protection afforded to you by provisions that cannot be derogated from by an agreement or contract according to the applicable laws where you reside on a regular basis.

A Description of the Services provided by Draum is found in these Terms of Services.

By accepting these Terms of Services, you also accept the delivery of Services before the end of a cancellation period of 14 days, and, therefore, you lose your right to cancellation, to which you would usually be entitled.

You are bound to a Subscription Plan to which you have bought access for at least 30 days (this is a binding period).

Draum has implemented security measures to protect the Services, including encryption and password protection.

If you have a complaint regarding these Terms of Services, you may contact us, and we will handle such complaints individually. You may access the European Commission’s online platform for online dispute resolution here: http://ec.europa.eu/consumers/odr/. Please note we may not be willing to participate in such dispute resolution.

You may have a right to get a dispute brought up for the legal venue where you are domiciled. Questions about these Terms may be submitted via email to hello@draum.com.

Miscellaneous

• Links to third party websites: The Site and the Service contain links to third-party websites or services that are not owned or controlled by us. We are not liable for such third-party sites and assume no claim of verification of the legal status of such sites, or whether the content featured on such sites are correct, legal, and acceptable.
• Severity: If any part of these Terms of Service is found to be invalid due to mandatory statutory law or a final legal judgement, it shall only affect those parts found to be invalid. The remaining parts of this agreement will still be enforceable.
• Entire agreement: These Terms of Service constitutes the entire understanding and bargain struck between the parties and supersedes any arrangements, promises or agreements made or existing between the parties prior to or simultaneously with this agreement.
• No waiver: Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

Last Revised: 2023-11-14