These terms apply when a business uses Kundr, provided by KUNDR AS (org. no. 924 527 854). Kundr is sold to businesses only, not to consumers. If you have signed a separate agreement with us, it takes precedence over these terms where they differ.
1. The parties and the agreement
The agreement is between KUNDR AS (“Kundr”, “we”) and the business that uses the service (“the customer”, “you”). It consists of the order confirmation or offer you have accepted, the data processing agreement and these terms. If they conflict, they apply in that order.
2. The service
Kundr is a customer system (CRM) for businesses that sell sessions, classes and memberships. The service is delivered over the internet, and each customer gets its own instance with its own database. The scope of the service and the modules you have are set out in the order confirmation. We develop the service continuously and may change features, as long as a change does not materially reduce what you have paid for.
3. Users and access
- You decide who in your business gets access, and you are responsible for what your users do in the service.
- Users sign in with a personal link sent by email. Do not share sign-in links, and tell us at once if you believe someone unauthorised has gained access.
- When an employee leaves, you must remove their access.
4. Your data
- The data you enter into or connect to Kundr is yours. We use it only to provide the service to you.
- For personal data about your customers and staff, you are the controller and we are the processor, under the data processing agreement. How we process data from connected services is described in the privacy policy.
- You are responsible for having a lawful basis for the data you enter, and for consent to marketing you send through Kundr.
5. Connected services
You can connect Kundr to your own accounts at, for example, Meta (Facebook and Instagram), Google, TikTok, LinkedIn, Snapchat, Pinterest, booking systems and payment providers.
- Kundr acts only on accounts you have authorised, and only on the instruction of one of your users.
- You are responsible for the content you publish and the ads you run, including when Kundr prepared the draft, and for following each platform's terms and advertising policies and applicable marketing law.
- You pay ad costs directly to the platform. Kundr never spends money in your ad accounts unless one of your users has approved it.
- Platforms may change or withdraw their access. We are not responsible for errors, changes or outages on their side, but we will tell you and do what we can to keep the connection working.
- You can disconnect a service at any time. See Deleting data.
6. AI-generated drafts
Kundr can suggest texts, ads, posts and replies produced with artificial intelligence. Suggestions can contain mistakes. Review and approve them before they are published or sent. You are responsible for having the right to use images, video, music and quotes, and for consent from people who are shown or quoted.
7. Acceptable use
You must not use Kundr to send unsolicited marketing, for unlawful content, to try to access other people's data, to put abnormal load on the service, or to copy or resell the service. We may suspend access temporarily for serious breaches and will tell you as soon as we can.
8. Price and payment
- The price is set out in the order confirmation. All prices are in Norwegian kroner (NOK) excluding VAT.
- We invoice monthly in advance with 14 days' payment terms, unless agreed otherwise. Late payment accrues interest under the Norwegian Late Payment Interest Act.
- We may change the price with 30 days' written notice. You may then terminate the agreement before the change takes effect.
9. Operation, availability and support
We do our best to keep the service available and secure, but do not promise a specific uptime unless separately agreed. We aim to do planned maintenance outside business hours. Support is provided by email on Norwegian working days.
10. Intellectual property
Kundr, its software and everything we develop belong to KUNDR AS. You get a non-exclusive right to use the service during the agreement. We may freely use suggestions you give us for improvements.
11. Confidentiality
Each party must keep confidential what it learns about the other's business through the agreement, also after the agreement ends. This does not apply to information that is already public or that a party must disclose by law.
12. Liability
- Neither party is liable for indirect loss, such as lost profit, lost data or third-party losses.
- Our total liability is limited to the amount you paid us in the 12 months before the damage occurred.
- These limits do not apply in cases of gross negligence or wilful misconduct.
- Neither party is liable for events beyond its control (force majeure).
13. Term and termination
- The agreement runs until terminated. Unless agreed otherwise, either party may terminate with one month's written notice to the end of a calendar month.
- In case of material breach, the other party may terminate with immediate effect.
- For 30 days after the agreement ends you can ask for an export of your data. After that we delete it, except what we must keep by law, such as accounting records.
14. Changes to these terms
We may change these terms with 30 days' notice by email. Material changes to your disadvantage give you the right to terminate before the change takes effect.
15. Governing law and disputes
The agreement is governed by Norwegian law. The parties will first try to resolve a dispute amicably. If that fails, the dispute is settled by the ordinary courts, with Oslo District Court (Oslo tingrett) as the agreed venue.
16. Contact
KUNDR AS, org. no. 924 527 854, Pilestredet 47a, 0350 Oslo, Norway. See Contact, or write to personvern@kundr.io.