1. Payment

All bills of sale from Norstat have a 15 days’ leniency period. Late payment incurs an additional debit of repo rate + 8 percentage points (per annum). Large projects (>15 000 EUR) will be invoiced in advance with 50% of the agreed amount at signed contract, and the remaining 50% at the completion of the project or transfer of data. A monthly billing is possible if the project exceeds 2 months, though this is only possible through agreement.

If prices are agreed in a currency other than the local currency in the country where Norstat is domiciled the agreed price is based on the exchange rate at the date of the offer. Norstat has the right to renegotiate/adjust the offer should the exchange rate fluctuate by more than 5% from the date of the offer, until the invoice date.

 

2. The extension and validity of an offer

All written and vocal offers from Norstat are valid for 1 month from the date it was given unless otherwise agreed upon. All tasks performed beyond what is stated in the original offer will be billed on an hourly basis at current Norstat rates in agreement with the client. Norstat reserves the right to renegotiate the agreed price if the project is extended or the bid was made based on missing or incomplete information from the client.

 

3. Cancellation or delays

At a cancellation of an agreed upon project the client will be billed 10% of the agreed price and the actual costs run up by the given date. At a delay of a project or project elements, the extra costs this results in for Norstat will be added to the bill. This also concerns any extra costs which occur from poor selections supplied by the client. Additional time worked by Norstat in such situations, will be invoiced according to agreed hourly rates.

 

4. Confidentiality

A mutual confidentiality will exist between the parties regarding projects, trade secrets, concepts and products.

“Confidential Information” means any information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally, in writing, or in any other tangible or intangible form, that is marked or designated as “confidential” or with a similar language, or by its nature or the circumstances of its disclosure, ought reasonably to be considered confidential. This also includes all information which is not common knowledge but is made available to the other party in connection with a project.

The Confidential Information does not include information the Receiving Party demonstrates (a) is in the public domain through no fault of, or disclosure by, the Receiving Party or its Representatives, subsidiaries or affiliates, (b) was properly known to the Receiving Party, without restriction, prior to disclosing by the Disclosing Party, or (c) is independently developed by the Receiving Party without use of reference to the Disclosing Party’s Confidential Information. The confidentiality undertaking does not prevent the Receiving Party disclose of Confidential Information as required by law, by a court or a governmental order. 

 

5. Respondent information

The client shall not solicit, collect, detect, use or disclose any personally identifiable information related to survey respondents. Personally identifiable information includes names, addresses, geographic locations, contact information, account numbers, medical information, license numbers, vehicle numbers, device identifiers, ISP identifiers, machine identifiers, serial numbers, URLs, IP addresses, personal photographic or other identifiable images, and any other unique identifying number, characteristic or code.

The client warrants that no personal data will be collected through questionnaires customized by the client, cookies placed by the client, or by other measures implemented by the client in connection with the services or products delivered by Norstat subject to these terms. Any cookies placed by the client in the survey respondents’ devices shall only be used for optimization of the user experience related to the survey, and not for any other purposes. The client is responsible for informing the respondents in accordance with the applicable legislation, of its placement of cookies, the information collected by the cookies and the intended purpose of the use of such information by the client.

 

6. Research Ethics

Both the client and Norstat are committed to following the ethical rules as well as the guidelines published by ESOMAR. The client must be made aware that Norstat is obliged to operate within the bounds of the GDPR and national privacy legislation and guidelines.  

 

7. Legal rights

Norstat owns all legal rights to bids and offers for a survey which is proposed by Norstat without an agreed fee for the work it involves. Such bids and offers are protected by law against possible uses by Norstat’s competitors.

All data, the questionnaire, resulting analysis and reports belong to the customer. Excepted from this are syndicated surveys or standardized products and projects where Norstat owns the patented rights.

Analytical methods, technical means and computer systems used in any given survey do not belong to the customer, and the customer has no exclusive rights to either of these. This includes design and layout of online reports, customer web portals, forms and reports.

 

8. Publishing

Both the name of the client and Norstat must be announced when publishing the results from projects completed by Norstat. Please note that it is especially important to publish possible reservations and uncertainties regarding the quotas on which the survey is based in connection with web-based surveys.

If wrongful numbers or misleading excerpts from the results are published, Norstat reserves the right to publish the results from the same survey to supply a more correct and neutral statement.

 

9. Recovery

Norstat is not bound by possible errors in an offer which are considered obvious by both parties. Such errors are subject of immediate mutual information without ungrounded delay.

At occurring errors in the results or the reports due to faulty data, selection lists, etc., supplied by the client, Norstat will do the corrections at the customer’s cost.

At possible errors due to Norstat in the results or reports, Norstat’s obligations are limited to making corrections at no costs to the customer. Aside from this the Norwegian Law covers recoveries and corrections of errors in general.

Norstat can under no circumstances be held responsible for any financial losses by the customer as a result of the use of data or results produced by Norstat. Any possible liability, is irrespectively limited to an amount equaling the amount paid for the individual project, exclusive of VAT.

 

10. Force Majeure

Norstat shall not be liable for any delay or failure caused by or resulting from acts of natural disasters, government intervention, embargoes, strikes, labour difficulties, equipment failures, weather, market trends or any other causes beyond the control of Norstat.

 

11. Dissensions

Dissensions regarding impact, contents and application of this agreement should be attempted resolved through negotiations between the involved parties. If no conclusion can be reached each of the parties may demand to have a conclusion made by a court.

 

12. Terms of service

You agree that your access and use of Norstat’s Customer Portal, including the embedded AI service and/or the Norstat Express service, is subject to Norstat’s Customer Poral Terms of Service.

 

13. Governing law and legal venue

These general terms and conditions are governed and construed in accordance with the laws of Norway. Any disputes arising from or relating to these terms and conditions, including those disputes relating to the validity, interpretation or termination of it, shall be referred to and finally settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. Agreed venue is Oslo, Norway.

 

Norstat’s Customer Portal Terms of Service

1. Terms of service

These Terms of Service (“ToS”) govern your access to and use of our services, hereunder Norstat’s Customer Portal (“Customer Portal”). As part of Norstat’s offerings, you are granted access to Norstat’s Customer Portal where we provide you with data and data collection services, delivered under agreed projects (“Norstat Deliverables”), including integrated AI functionalities, hereunder (“AI services), as a part of our services.

By agreeing to these ToS, you also agree to comply with additional terms and conditions for our integrated AI services (Annex I: AI Additional Terms of Service), as provided and updated from time to time. You also agree that your use of the product Norstat Express is governed by Norstat Express Terms & Conditions (Annex II: Additional Norstat Express Terms of Service). For any further products and services, refer to the general Norstat Terms and Conditions. You further agree to comply with all applicable laws and regulations in your jurisdiction and any other relevant jurisdictions.

 

2. Right to use the services

Subject to these terms, you and your users (“End Users) are granted a non-exclusive, non-transferable license to utilize the Customer Portal solely for your internal business operations.

 

3. Customer Content and Rights

Customer data and content, including data you submit into the Customer Portal or the AI Services (Input) and responses you receive from using the AI Services (Output), all together defined as (“Customer Content”), belongs to you. We will only use Customer Content as necessary to provide the Services, comply with applicable laws, enforce our terms and conditions and prevent abuse. We will not use Customer Content to develop or improve our Services, including but not limited to training any underlying AI models. Upon termination of these Terms, we may continue to retain your user and service history in case you want to return to our Service, unless you request deletion of your user history.  

 

4. User administration

You are responsible for your access and use of the Customer Portal, including all activities of any End User’s access. You must provide accurate and up-to-date account information. Account credentials are for your sole use. You may not share, sell, make available account credential to any third parties. You must promptly notify us if you become aware of any unauthorized access to or use of your account or our Customer Portal or the AI Services.

 

5. Data Protection

You can find more information about how we process your personal data in our Privacy Policy.  

You must comply with applicable data protection laws and regulation, including the (EU) 2016/679, GDPR. You are responsible for ensuring any personal information is processed in accordance with applicable data protection regulations, including providing legal adequate privacy notice to data subjects, obtaining necessary consents for the processing of personal data in accordance with the GDPR.

You may only process Protected Health Information as defined under the HIPPA Privacy Rules (45 C.F.R. Section 160.103), if You have signed a Healthcare Addendum.

In the event that we process personal data on your behalf and in accordance with your documented instructions, we shall be deemed a Data Processor as defined under the GDPR.

The parties shall then enter into a Data Processing Agreement which shall govern the parties’ rights and obligations related to personal data processing activities.

 

6. Trade controls

You must comply with all applicable trade laws, including sanctions and export control laws. The Customer Portal and the AI Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Customer Portal and the AI Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

 

7. Term, termination and suspension

These terms apply for as long as you have access to and use the Customer Portal and AI services.  We grant you access to the Customer Portal free of charge in order to deliver Norstat Deliverables, including reports, in a digital manner. We have the right to remove your access to the Customer Portal instantly without any cause. If we use the right to remove your access, we shall provide you with Norstat Deliverables through post or by email at our expense.

A party may terminate this Agreement by written notice (a) if the other party materially breaches this Agreement and does not cure the breach within thirty (30) days after receiving written notice of the breach or (b) if the other party ceases its business operations or becomes subject to insolvency proceedings.

We may immediately suspend your access to the Customer Portal and AI Service, wholly or partly, if i) required to do so by law, ii) to prevent a security risk or other credible risk of harm or liability to us, the Customer Portal or AI Services, or any third party; or (iii) for repeated or material violations of these terms, including Additional Terms of AI Service.

 

8. NO WARRANTY AND LIMITATION OF LIABILITY

THE CUSTOMER PORTAL, THE AI SERVICES AND NORSTAT EXPRESS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE CUSTOMER PORTAL OR THE AI SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE CUSTOMER PORTAL OR THE AI SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT OR INFORMATION WILL BE SECURE OR NOT LOST OR ALTERED.

WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF ONE HUNDRED EUROS (€ 100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

9. Modification to these terms

We may update these Norstat’s Customer Portal Terms of Service, Additional Terms of AI Service and Additional Terms of Norstat Express by providing you with reasonable notice. Your continued use of, or access to, the Customer portal and the AI Services after an update goes into effect will constitute acceptance of the update. If you do not agree to the update, you may stop using the Customer Portal or the AI Services or terminate this Agreement under Section 8.2 (Termination).

 

Annex I: Additional Terms of AI Service

1. Terms of service

These Additional Terms of AI Service govern your access to and use of artificial intelligence (“AI services”) integrated into Norstat’s Customer Portal (“Customer Portal”). These AI services are provided by OpenAI (“Third Party”) and include ChatGPT (“AI Services”). By accessing and using the AI Services within the Customer Portal, you agree to comply with these Terms and Norstat Customer Terms of Service. You also agree to comply with OpenAI’s terms and policies, as may be provided and updated from time to time. You further agree to comply with all applicable laws and regulations, including those specific to AI use, in your jurisdiction and any other relevant jurisdictions.

 

2. Right to use the services

Subject to these terms, you and your users are granted a non-exclusive, non-transferable license to utilize the AI services solely for your internal business operations. This license is limited to the duration of this Agreement and does not permit use for any other purpose or transfer to any third party.

The AI services offered herein are based on general-purpose Generative AI technology. While these AI services can be used for various applications, it is your responsibility to ensure that your specific intended use case comply with provisions of the EU’s AI Act ((EU) 2024/1689) (“AI Act”). If your intended use of the AI services falls under any high-risk AI categories as defined pursuant AI Act, you are solely responsible for adhering to all relevant provisions, regulations and standards.

 

3. AI Content

You are acknowledging that due to the nature of AI services and artificial intelligence generally, Output may not be unique, and other users may receive similar content from the AI services. Responses that are requested by and generated for other users are not considered your Output. Our assignment of Output above does not extend to other users’ Output or any content delivered as part of a Third Party deliverables.

 

4. Third party standard terms and conditions
   • General

As ChatGPT is a part of our AI services, you agree to comply with OpenAI’s standard terms and policies, which can be found here: https://openai.com/policies/.

These terms and policies, includes some of the following documents:

– Business terms

– Service terms

– Usage Policy

– Plugin terms

– Sharing & publication policy

– and any other guidelines and policies published by OpenAI, hereunder “OpenAI Policies”.

These standard terms do not establish a direct agreement between you and OpenAI. You understand and agree that should OpenAI terminate the agreement we have with OpenAI, or should OpenAI exercise their right to modify or suspend services, alter pricing, amend terms, or exercise any other rights as stipulated in the referenced terms and policies, we hold the reciprocal right to take corresponding actions against you.

• Overview of specific terms that apply to your use of the AI services

The following sections specify the key terms and conditions that govern your access to and use of the AI services.

• Usage restrictions

Your right to use of the query functionality within the AI services is limited to a maximum of 500 report runs per month per customer account. In the event of a breach of this usage restriction, we reserve the right to suspend your further use of the AI services with immediate effect.

• Usage Policy

• You may not use the AI services or Customer Content in a manner that:
  • Violates any applicable laws, our terms or any applicable third-party offering terms and conditions, including OpenAI’s terms and policies;
  • Violates third-party rights (e.g infringes, misappropriate, or otherwise violates any third party’s rights, by using the Customer Portal or the AI services or Output data, or submitting Input data into the service);
  • Violates license restrictions (e.g. prohibition on reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Services, algorithms, and systems of the Services (except to the extent these restrictions are contrary to applicable law, or violating technical limitations, buy, sell, transfer API keys, reselling to third parties, use output to develop any artificial intelligence models that competes with the products or services, or use any method to extract data from the AI Services other than permitted through the API, etc.);
  • Violates use restriction (e.g pose a security vulnerability or threat to our users, us, or any third party or include any malware, viruses, surveillance, or other malicious programs or code);
  • Violate restrictions to submit any personal information of children under 13 or the applicable age of digital consent or allow minors to use our Services without consent from their parent or guardian;
  • Violate OpenAI’s usage policies (e.g prohibition on the use the AI Services in a manner that is deceptive, false, misleading, or harassing, illegal, defamatory, pornographic, harmful, infringing, or otherwise objectionable content; using the AI Services to harm yourself or others – for example don’t use the AI services to promote suicide or self-harm, develop or use weapons, injure others or destroy property, or engage in unauthorized activities that violate the security of any service or system, that compromising the privacy of others, or disrespecting OpenAI’s safeguards or safety mitigations etc, further don’t share output from our services to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others).
• You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review and oversight as appropriate. 
• You are responsible for all Input and represent and warrant that You have all rights, licenses, and permissions required to provide Input to the AI Services.

 

• Indemnification

You agree to be liable if you breach OpenAI’s standard terms and conditions and policies, and Norstat receives a claim for damages from OpenAI as a result of such breach. You agree to indemnify Norstat for the same amount as Norstat will be liable towards OpenAI as a result of your breach, including you agree to indemnify, defend and hold Norstat and our affiliates and licensors harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) payable to a third party arising out of a third party claim related to (a) use of the AI Services in violation of this Agreement (including violation of OpenAI Policies), (b) Customer Portal (if any), or (c) Input, as further set out in the OpenAI’s standard terms and policies.

 

• Limitation of liability

We shall not be liable for any damages arising out of a third-party claim against you alleging that the AI services (including training data used to train a model that powers the AI services) infringe any third-party intellectual property right.

 

5. Term and termination

Norstat has the right to terminate the OpenAI service with 30 days written notice. To the extent Norstat’s own right of use to OpenAI is terminated or suspended, Norstat has a similar right to suspend or terminate your access immediately upon written notice.

 

Annex II: Additional Norstat Express Terms of Service

1.Terms of Service

The use of the product Norstat Express and the services accessed through the domains norstatexpress.com and app.norstatexpress.com [hereinafter NX] delivered by Norstat] is subject to the following terms and conditions.

Any use of NX will constitute acceptance of the terms and conditions described in this document.

If you don’t accept these terms and conditions, you should not use NX.

 

2. Data ownership

You own and are responsible for all data you have collected though the surveys you have launched through NX.

Norstat is not responsible for the accuracy or usefulness of any data collected through NX and shall not be responsible or liable for any errors or omissions in such information.

 

3. Sampling

NX uses a convenience sample. That means that we cannot ensure that the sample of respondents is nationally representative, and that standard statistical methods such as, but not restricted to, calculation of margins of error and confidence intervals are not used.

 

4. Data publishing

If results from a NX survey are going to be published it must explicitly be stated by the client that a convenience sample is used and that the sample is not representative for the overall population. In case of publication of results where NX has been used, Norstat reserves the right to clarify this without advance notice.

 

5. Client list

You agree that we may list you as a client and reproduce your logo and registered trademark online or in printed materials to indicate that you are or were a paying Norstat Express client, unless and until you provide us with a written notice not to do so.

 

6. Launching surveys in NX

When using the Norstat Express application, you assume full responsibility for the quality and integrity of the questions. Questions must be tested thoroughly by you before live launch. It is not permitted to collect personally identifiable information using NX.

You must ensure that questions hold high quality and:

• Are not biased or skewed in their representation of facts
• Are not angled to nudge the respondent’s responses in any direction
• Do not display restricted or offensive content in the form of text or image stimuli

If it is unclear whether a question meets these requirements, you shall contact Norstat before launching surveys.

If these obligations are not met, the NX application will no longer be made available to you, with immediate effect.

 

7. Termination of NX surveys

Norstat reserves the right to monitor surveys launched and at any point in time terminate surveys without any prior notice in case Norstat considers a survey harmful for the relationship with the panelist and/or to the reputation of the company. You will not be invoiced for a survey terminated by Norstat.

You can terminate a survey at any point in time after the survey has been launched.

In that case, you will be presented with the data collected until the survey was terminated. The client will be invoiced in full for the survey.

 

8. Payment

You are invoiced for the surveys launched after their completion.

 

9. Changes to this document

Norstat reserves the right to change these terms of service time to time. Your continued use of NX will signify acceptance of any adjustments to the terms and conditions.