End User Terms and Conditions
Last updated: 2023-07-14
This End User Agreement ("Agreement") is entered into between the end user, who is either a legal entity or natural person ("User"), and Cardboard AS, a limited liability company incorporated under the laws of Norway, with its principal place of business at Grensen 13, 0159 Oslo ("Company"). This Agreement governs the use of the Cardboard software-as-a-service (SaaS) platform ("Platform") provided by the Company to the User and the payment cards issued by a third-party (the "Card Issuer") to the User.
By accessing or using the Platform, you acknowledge and agree that you have read, understood, and agree to be bound to the terms and conditions of this agreement and to our Card Issuer's Account Holder Terms. Cardboard AS is the "Card Program Provider" in the Account Holder Terms.
We encourage you to carefully read all terms before accepting them. "You" means the legal entity or natural person who accesses the Platform and receives card services provided by our Card Issuer.
1 Services
The Platform is intended for corporate customers. The Cardboard Platform provides you with the following services ("Services"):
- Virtual payment cards
- Subscription tracking
- Automated receipt collection
1.1 Virtual Payment Cards: Through the Platform, the User can get access to virtual payment cards issued by our Card Issuer, which upon acceptance of the Card Issuer's Account Holder Terms as well as successful completion of regulatory onboarding processes (including, but not limited to, Know Your Customer and other Anti-Money Laundering requirements) and transfer of funds (in case of virtual debit cards) will enable the User to purchase services from software and marketing providers (“Service Providers”) approved by the Company and accessible through the Platform. Instructions for transferring funds are provided through the Platform and executed by the User through a wire transfer to the Card Issuer. Funds should be transferred at least five bank days before payment to a Service Provider is due. Any funds transferred from the User to the Card Issuer will remain the property of the User. The Company is liable for any funds lost due to gross negligence by the Company. Payment for subscription services is executed by the Card Issuer following the successful completion of agreements and execution of payment details with each Service Provider by the User. The User is responsible for maintaining sufficient funds with the Card Issuer to ensure successful payment processing. The Company is not responsible or liable for any direct or indirect loss resulting from insufficient funds to process payments due to actions, or lack of actions, from either the User or the Card Issuer.
1.2 Subscription Tracking: Through identification of the respective Service Providers by the User and the use of virtual payment cards, the Company will, through the Platform, provide an overview of the User's spending towards the different Service Providers.
1.3 Automated Receipt Collection: Through identification of the respective Service Providers by the User and the use of virtual payment cards, the Company will, through the Platform, provide an automated matching proposal to the User where each payment receipt from Service Providers will be matched with the corresponding payment transaction record. Transaction records or payment receipts not automatically matched can be manually matched or removed by the User.
1.4 Accounting Services: The Company or Platform does not provide an accounting service; therefore, we take no responsibility for the accounting being correct. The User is individually responsible for the accuracy of the accounting by verifying transactions and their associated accounting documents before and after exporting from the Platform.
2 License Grant
2.1 Platform Access: Subject to the terms and conditions of this Agreement, the Company grants the User a non-exclusive, non-transferable, limited license to access and use the Platform for their internal business purposes during the term of this Agreement.
2.2 Restrictions: The User shall not:
- license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Platform;
- modify or create derivative works based on the Platform;
- decompile, reverse engineer, or disassemble the Platform, except as expressly permitted by applicable law;
- remove or modify any proprietary notices or labels on the Platform;
- use the Platform in a manner that violates any applicable laws, regulations, or third-party rights; or
- use the Platform to develop a competing product or service.
3 User Accounts
3.1 Registration: In order to access and use the Platform, the User must register for an account. The User agrees to provide accurate, current, and complete information during the registration process and to keep their account information updated.
3.2 Account Security: The User is responsible for maintaining the confidentiality of their account login credentials and for all activities that occur under their account. The User agrees to notify the Company immediately of any unauthorized use of their account or any other breach of security.
4 Ownership
4.1 Platform Ownership: The Company retains all rights, titles, and interests in and to the Platform, including all intellectual property rights. This Agreement does not transfer any ownership rights to the User.
4.2 User Data: The User retains ownership of any data they upload or submit to the Platform ("User Data"). The User grants the Company a worldwide, non-exclusive license to use, reproduce, modify, adapt, and display the User Data as necessary to provide the Platform and the Services and fulfill its obligations under this Agreement. The Company also retains the right to display the User's company name and logo as reference customers without explicit consent. However, the User can request such information to be removed upon which the Company is obliged to remove such information without unnecessary delay.
4.3 Personal Data: Any registered personal identity details relating to the use of the Platform or card services provided by our Card Issuer, including (but not limited to) an individual's: name, date of birth, home address, email address, and telephone number. For details on how we handle Personal Data, see our Privacy Policy.
5 Support and Maintenance
5.1 Support: The Company is committed to providing reasonable technical support and maintenance for the Platform. All support requests should be directed to the Company, not the Card Issuer. The primary means of support is via email, and you can reach us at hello@cardboard.inc. We strive to respond to support inquiries during business days between 09:00 and 17:00 (local time). In addition, phone support is also available if required.
6 Fees and Payment
6.1 Fees: The User agrees to pay the fees specified by the Company for the use of the Platform. The fees are based on the subscription plan and usage metrics on our Pricing page.
6.2 Price Adjustments: The Company has the right to, on an annual basis, adjust all platform fees, including subscription fees, according to the changes in the last 12 month consumer price index for Norway.
6.3 Payment Terms: The User shall provide valid payment information and authorize the Company to charge the applicable fees. Unless otherwise agreed, all fees are due and payable in advance on a monthly basis. Late payments may result in suspension or termination of access to the Platform.
7 Term and Termination
7.1 Term: This Agreement shall commence on the date the User first accesses the Platform and continue until terminated in accordance with this Agreement.
7.2 Termination for Convenience: Either party may terminate this Agreement for any reason by providing written notice to the other party. When initiated by the Company, the termination becomes effective six months after the written notice is issued. When initiated by the User, the termination becomes effective at the end of the current subscription period.
7.3 Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material provision of this Agreement and fails to cure such breach within ten days after receiving written notice specifying the breach.
7.4 Effect of Termination: Upon termination of this Agreement, the User's access to the Platform will be terminated, and the User may no longer use the Platform. Any outstanding fees or amounts owed to the Company shall become immediately due and payable. Any account balance held by our Card Issuer on behalf of the User shall be paid out to the User.
8 Disclaimers and Limitation of Liability
8.1 Disclaimer of Warranties: The Platform is provided "as is" without warranty of any kind, whether express, implied, statutory, or otherwise. The company disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The company represents and warrants that the Platform does not infringe any laws or regulations in the countries where the Company operates.
8.2 Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall the company be liable for any indirect, incidental, special, consequential, or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with this agreement or the use of the Platform, even if the company has been advised of the possibility of such damages. The Company is only liable for direct loss incurred as a result of gross negligence or willful misconduct by the Company, with such liability regardless being limited to NOK 20 million.
9 General Provisions
9.1 Entire Agreement: This Agreement constitutes a binding agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
9.2 Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of Norway. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the courts located in Norway by arbitration, and the parties consent to the personal jurisdiction of such courts.
9.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall be enforced to the fullest extent permitted by law.
9.4 Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.
9.5 Amendments: If we make any changes to this Agreement, you will be informed, and you will receive a copy of the new Agreement.
9.6 Contact: If you have any questions about this Agreement, please contact us at hello@cardboard.inc.