Terms of service

Terms of service covering development and delivery of all products and services supplied by Optimeerting Aqua AS (Norwegian entity number 914 458 412). When logging on to Bioplan and other sites supplied by Optimeering Aqua you agree to the content of this document as well as our Privacy policy.

Optimeering Aqua provides modern software solutions for operational planning and decision support in aquaculture. As part of this we are continuously handling data on behalf of our customers, which makes data security an integrated part of all working processes.

Definitions of expressions used in this document

Services: Any product or service supplied and maintained by Optimeering Aqua AS

Customer: A legal entity granted access to Services for its employees as Test Users or Regular Users.

1. Test Customer: A legal entity that has requested and received access to Services for a limited amount of time in order to gain experience, provide user feedback and build knowledge around user value.
2. Regular Customer: A legal entity that has requested and been granted permanent access to Services by signing a License agreement.

User: A person associated with Customer provided access credentials for using Services under the agreement between Customer and Optimeering Aqua. Customers are normally provided with a company User group account containing a number of connected personal Users according to a User specification provided by the Customer.

Content: Any (unique) data accessed through Services.

License agreement: Agreement between Customer and Optimeering Aqua involving access to Services according to a subscription plan.

Ownership of data

All data we are handling on behalf of a customer remains the property of the Customer. We will not under any circumstances hand over data to any other party without a prior written consent from the Customer.

As part of delivering Services we are handling and processing data regarding the Customer’s aquaculture production, which is made available to Users connected to Customer’s User group account through Services. In addition we are handling basic personal information about Users, like name, telephone number, email address, position, functional responsibilities and user characteristics in order to enable adequate user follow-up.

If you have any questions or concerns regarding collection and storing of data please do not hesitate to contact us on legal@optimeeringaqua.com.

User responsibilities

When using our services the user agrees to the following User responsibilities:

• As User you are responsible for keeping your access key (logon password) secure.
• As User you acknowledge that the Services may provide you with access to data, information, software, photographs, graphics, links and other material (collectively, the “Content“) that is protected by copyright, trade-mark, unregistered trade-mark or other proprietary rights of Optimeering Aqua or third parties, including but not limited to product names, logos, designs, and words or phrases which may be registered in certain jurisdictions. You acknowledge that the author, owner or provider of the Content will remain the owner of all such rights, titles, and interests in and to the Content, including without limitation all copyrights, trade-marks and other intellectual property rights. You agree to comply with any additional copyright, trade-mark or other notices and restrictions contained in or on any of the Content.
• You may not modify, publish, communicate, translate, adapt, sell or otherwise transfer, reproduce, create derivative works from, distribute, perform or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in writing.

Optimeering Aqua may at any time restrict access to the Content in case of a material breach of these terms.

Data protection

The collecting and processing of your personal data when using the Service is described in our Privacy policy. Optimeering Aqua provides the Services on an “as available” basis. We make our very best effort to ensure the highest possible level of system security however, we cannot warrant or guarantee servers or other components to be free from viruses or harm ware.

• As User you agree to use the Content only for your internal company use.

Reliance

The Optimeering aqua team makes our very best effort to continuously provide optimally functional and efficient Services, however, we cannot warrant or guarantee the Content to be error-free. As a User you acknowledge and agree that your reliance on any content provided through the Services will be at your sole risk.

Governing law and legal venue

These End user Terms shall be governed by and construed in accordance with the laws of Norway, and with Hordaland tingrett as exclusive legal venue.

We may update these Terms of service in the future. You may find all versions of this document on our product website. Whenever we make a significant change to our policies, we will also announce them via email and on our company website.