Terms of Service

1.1 The Order Confirmation grants the Customer the right to use the Service during the service period on the terms set out therein. 1.2 The Customer's right to use the Service is limited and non-exclusive, with no right of transfer or sublicensing. 1.3 Journalia retains all rights to the Service, including where the Service is further developed in consultation with the Customer or on the basis of the Customer's feedback.

2.1 The Customer is responsible for ensuring that each Service is used for the purposes for which it is intended and which are permitted under the Main Agreement, and that such use complies with applicable legislation. 2.2 Journalia's Services are reserved for the Customer's authorised users and are intended for professionals, including healthcare personnel, caseworkers and other professional staff. The Customer's authorised users shall apply their best professional judgement when using the Service. The Service is a support tool only and does not replace the user's professional practice and professional assessments. 2.3 Journalia's Services generate content using artificial intelligence. Such AI-generated content may contain errors and inaccuracies. The Customer and its authorised users shall always quality-assure content produced by or through use of the Service. Journalia is not liable for errors or inaccuracies in the content produced, or for decisions taken on that basis.

2.6 In the event of use contrary to the Main Agreement, including these Terms of Service, Journalia may suspend or restrict the Customer's use of the Service, cf. section 8.

3.1 Journalia offers Services that are CE-marked as medical devices under Regulation (EU) 2017/745 (MDR). 3.2 When such Services are used within the health and care sector, particular care shall be exercised by the Customer and its users, having regard to the user's professional responsibility, the intended purpose of the Service, and the special categories of personal data being processed. This includes ensuring that all use complies with applicable health and data protection legislation. 3.3 The Service's intended purpose, limitations, warnings and precautions are set out in the instructions for use (IFU) as applicable from time to time, which are available in the application. The Customer and the Customer's authorised users shall familiarise themselves with and follow the IFU when using Services with a medical intended purpose. 3.4 Data or content generated by or through use of the Service shall never be used as final patient documentation or as a basis for clinical decisions without quality assurance and approval by qualified healthcare personnel.

4.1 The Service is provided on a subscription basis. The chosen product, plan, contract period, price, minimum term, payment method and any optional features are set out in the Order Confirmation.

4.3 Where a trial period has been agreed, this is set out in the Order Confirmation.

5.1 Prices for the selected Services are set out in the Order Confirmation and are stated exclusive of VAT. 5.2 Where payment is made by card, the Customer is charged in advance in accordance with the chosen subscription. 5.3 The amount falls due for payment by the stated deadline. In the event of late payment, late-payment interest accrues in addition to any collection costs. 5.4 The agreed price is adjusted annually (every 12 months) and without prior notice in accordance with the consumer price index published by Statistics Norway. For price changes beyond consumer price index adjustment, Customers are notified at least thirty (30) days before the change takes effect. Price changes apply from the next subscription period or renewal. 5.5 Fees paid for the Service are non-refundable, unless otherwise agreed or required by mandatory law. 5.6 Where the Customer, by specific instruction, requests assistance, specific documentation, audit participation or adaptations that are not covered by the agreed fee, this is invoiced on a time-spent basis at Journalia's applicable hourly rates. Expected costs are notified in advance and shall be reasonable and proportionate.

6.1 Where the order includes equipment, the following applies unless otherwise agreed:

• •The equipment is regarded as on loan and remains Journalia's property. Equipment on loan is specified in the Order Confirmation.
• •Risk for the equipment passes to the Customer on delivery. The equipment shall be handled properly and in accordance with its intended purpose and the supplier's instructions.
• •On termination of the subscription, equipment on loan shall be returned within fourteen (14) days. Journalia provides a return label for the return of equipment on loan.
• •A return fee applies on the return of equipment. If equipment is not returned, the Customer is invoiced a fee corresponding to the equipment's stated value. Both the return fee and the equipment's stated value in the event of non-return are set out in the Order Confirmation.

7.1 Journalia shall deliver the Services in a professional and technically sound manner and aims for high availability. Journalia does not guarantee uninterrupted or error-free operation. Planned maintenance may cause downtime and is scheduled outside normal working hours so far as possible. 7.2 Support is provided through the channels Journalia offers from time to time. Specific availability or response commitments apply only where expressly agreed in the Main Agreement. 7.3 Journalia may on an ongoing basis update, change, discontinue or replace individual features of the Service where this is necessary for security, regulatory, technical or product reasons, provided that core functionality is not materially degraded. 7.4 Journalia may offer beta, pilot or pre-release versions of functionality. Such functionality may be incomplete, may change or may be discontinued, and is offered without specific warranties unless otherwise agreed.

8.1 Journalia may suspend or restrict access to the Service in the event of material breach, where payment is not made following a written reminder, or where necessary to address a security risk. Journalia shall notify the Customer before a suspension so far as possible. 8.2 A suspension caused by circumstances on the Customer's side does not relieve the Customer of payment obligations during the suspension period. 8.3 Where a party is in material breach of its obligations under the Main Agreement, the other party may terminate the agreement with immediate effect if the matter is not remedied within thirty (30) days after written notice.

9.1 Journalia is not liable for loss caused by the Customer's use of the Service contrary to the Service's intended use, the Main Agreement or applicable legislation, including use of unverified content. 9.2 Journalia is not liable for indirect loss, including loss of operation and loss of profit. 9.3 Journalia's aggregate liability is limited to the amount the Customer has paid for the Service in the twelve (12) months preceding the date the claim arose. The limitation of liability does not apply in the event of intent or gross negligence.

10.1 The Terms of Service apply for as long as the Customer has an active subscription to at least one of Journalia's Services. 10.2 Provisions which by their nature are intended to survive expiry of the Terms of Service, including those on intellectual property rights, limitations of liability and confidentiality, continue to apply after the Terms of Service expire.

11.1 Journalia may change the Terms of Service. Material changes are notified to the Customer at least thirty (30) days before the changes take effect, by email or via a function in the application. 11.2 Following a change to the Terms of Service, the Customer's continued use of the Service after the effective date is deemed acceptance of the updated Terms of Service.

12.1 Force majeure. The parties are not liable for loss or non-performance caused by circumstances beyond their reasonable control, including government restrictions, strikes, war, natural disasters, pandemic, line or cable breaks, or failures in general power or telecommunications infrastructure. 12.2 Privacy and information security. Journalia's obligations as a data processor are governed by the Data Processing Agreement. Journalia's obligations as a data controller are governed by the privacy policy. 12.3 Use of data for improvement. The Customer retains all rights to its own data. Journalia may use aggregated and anonymised data, that is, data which cannot be linked to individuals, for statistics, operational reliability and improvement of the Service. 12.4 Confidentiality. The parties shall ensure that confidential information received in connection with the Service, including trade secrets, technical solutions, customer data and commercial terms, is treated confidentially. Such information shall not be made available to third parties and shall be used only to fulfil the purpose of the agreement. The confidentiality requirement does not apply to information that is publicly known, that the parties lawfully know independently of the agreement, or that must be disclosed pursuant to law or a decision of a public authority. The confidentiality requirement applies for ten (10) years after termination of the Main Agreement. 12.5 Language. The Terms of Service are made available in Norwegian and English. In the event of conflict, the Norwegian version prevails. 12.6 Subcontractors. Journalia may use subcontractors to deliver the Service, including providers of cloud services, security, payment solutions, and transcription and AI functionality.

13.1 The Terms of Service are governed by Norwegian law. 13.2 Disputes shall be sought resolved amicably. The agreed venue is Oslo District Court.

14.1 Journalia: Journalia AS, company reg. no. 933 860 078, Møllerveien 4, NO-0182 Oslo, Norway, email hei@journalia.no. 14.2 The Customer: the party or parties that have entered into an agreement with Journalia on the use of one or more Services. 14.3 The Service: software services delivered by Journalia. 14.4 The Main Agreement: the complete set of agreements between Journalia and the Customer relating to the use of one or more of Journalia's Services. The Main Agreement consists of the Order Confirmation, the Terms of Service, the Data Processing Agreement and any other supplementary agreements. 14.5 The Terms of Service: these standard terms, which apply to all Journalia's Services to the extent they have not been expressly derogated from by another agreement. 14.6 The Order Confirmation: confirmation of the Customer's order, a signed order form or equivalent confirmation in a registration or payment solution. Part of the Main Agreement. 14.7 The Data Processing Agreement: Journalia's data processing agreement for Journalia's Services as applicable from time to time, or a separately concluded data processing agreement where one has been entered into with the Customer.