Terms of use of Avara subscription service (ver. 24-1)

Avara offers a personalized subscription service that gives our customers access to operate their alarm system via the internet. These Terms govern your use of the Service. The Service referred to in these Terms means the service that Avara makes available to its subscription customers to operate their Avara alarm system via the internet, including all features and functions, the website and user interface and all content and software associated with the Service.

1. Subscription

1.1.

Your Avara subscription will continue until it is terminated. In order to use the Avara Service, you must have access to the internet and you must provide one or more payment methods. "Payment Method" means a valid and accepted payment method (which may be updated from time to time) that may involve paying for the subscription via a third party. The subscription runs for a minimum of 12 months. Unless you cancel your subscription before the billing date, you authorize us to charge your Payment Method for the subscription fee for the next billing period (see "Canceling subscription" below).

1.2

We may offer various subscriptions, including services offered by third parties in connection with the provision of their own products and services. Some subscriptions are subject to different terms and limitations, which will be disclosed when you sign up or in other communications available to you. You can find detailed information about your Avara subscription by visiting our website and clicking on the "My Page" link, available at the top of our website.

1.3

Right of withdrawal (applies in the EU/EEA). You have a 14-day right of withdrawal on entering into a subscription with Avara. If you cancel your subscription during this 14-day period, Avara reserves the right to invoice for the use of the subscription until you send written notice of the right of withdrawal. In order to use the right of withdrawal, you must send a written notice to post@avara.no with your cancellation under the Right of Withdrawal Act no later than 14 days after you took out the subscription (the 14-day period runs from the day after the subscription was taken out). Avara will confirm receipt and acceptance of use of the right of withdrawal by e-mail.

2. Invoicing and termination of subscription

2.1.

Billing period. The subscription fee for the Avara service is charged monthly, and is charged to the payment method selected on the day you take out the subscription. The chosen payment method will then be charged on the same date each month for the duration of the subscription. If you signed up for Avara using your account with a third party as a payment method, you can find payment information about your Avara subscription by going to your account with the applicable third party.

2.2.

Payment Methods. You authorize us to charge any payment method associated with your account if payment by the primary payment method is declined or is no longer available to us to charge the subscription fee. You are responsible for any amounts we do not receive. If a payment is not settled due to an expired payment method, insufficient funds or other circumstances, and you do not close your account, we may block your access to the Service until we have charged a valid payment method. For some payment methods, the issuer may charge certain fees, such as foreign transaction fees or other fees related to the processing of your payment method. Local fees may vary depending on the payment method used. Please contact your payment method service provider for more information.

When you have chosen credit card as your payment method, Avara and our payment partners store the card information for as long as necessary.

You can always find invoices for your payments on "My Page".

2.3.

Update your payment methods. You can update your payment methods on "My Page". We may also update your payment methods with information we receive from the payment service provider. You authorize us to continue to charge the current payment method(s) also after any updates.

2.4.

Unsubscribing. You may cancel your Avara subscription at any time after the first twelve months and you will continue to have access to the Avara service until the end of the billing period. You can reactivate your subscription within 30 days from the date you canceled your subscription without incurring a new 12-month commitment. After 30 days, reactivation will not be possible and subscribing to a new subscription will have the usual 12-month commitment.

Payments are non-refundable, and we do not offer refunds or credits for subscription periods started or for Avara content you have not used. To unsubscribe, go to "My Page" and follow the instructions to unsubscribe. If you unsubscribe, your account will be automatically closed at the end of the applicable billing period. If you signed up with Avara using an account with a third party as a payment method and you want to unsubscribe from Avara, you may need to do so through that third party, e.g. by visiting your account with the applicable third party and turning off the automatic subscription renewal, or terminating the Avara service with that third party.

NB! If the subscription is inactive for more than 6 months, the SIM card in the modem may be deactivated by the telecom company, and the modem may need to be replaced if you want to take out a new subscription.

2.5.

Changes in price and subscriptions. From time to time, we may change subscriptions and prices of the Service. Any such price changes or changes to subscriptions will only be effective 30 days after notification.

3. The Avara service

3.1.

You must be at least 18 years old to subscribe to the Avara service.

3.2.

The Avara Service is intended for personal and non-commercial use. Your Avara subscription grants you a limited, non-exclusive, non-transferable right to access the Avara Service. Except for the foregoing, no rights, licenses or interests shall be transferred to you.

3.3.

The Avara service is continuously updated. In addition, we test various aspects of our service, including the website, user interfaces and promotional features.

3.4.

You agree not to circumvent, remove, modify, disable, degrade or destroy any part of the content protection of the Avara Service; not to decompile, reverse engineer, disassemble any software or other products or processes available through the Avara Service; not to add program code or other products or manipulate the content of the Avara Service in any way; and not to use any method to extract or collect data or program code. In addition, you agree not to upload, post, email or otherwise transmit or send any material designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the Avara Service, including any software viruses or other computer code, files or programs. You also agree that you may not authorize any other person to access your account to perform any of the acts described herein.

Avara may terminate or restrict your use of the Service if you violate these Terms of Service or are involved in illegal or fraudulent use of the Service.

3.5.

Certain features of the Avara service require that the hardware associated with your subscription works and reports as intended. Avara is not responsible for lack of GSM coverage or lack of GPS coverage that results in one or more features of the service not working properly. In the event of any hardware failure, Avara's liability is limited to the product liability for this hardware.

3.6.

Avara software is developed by or for Avara and shall be used exclusively to operate the Avara alarm system. This software may vary from device to device and the functionality and features may also vary between different devices. You acknowledge that use of the Service may require the use of third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Avara Software and related third party software.

4. Password and account login

4.1

The customer who created the Avara Account and who is the owner of the Payment Method being charged (the "Account Owner") is responsible for all activity that takes place via the Avara Account. In order to maintain control of the account and prevent others from accessing the account, the Account Owner should not disclose their password or details of the Payment Method associated with the account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We may terminate or block your account to protect you, Avara or our partners from identity theft or other fraud attempts.

5. Miscellaneous

5.1.

Applicable Law. These Terms of Use are governed by, and construed in accordance with, Norwegian law. These Terms do not limit any consumer rights to which you are entitled under the applicable laws of your country of residence.

5.2.

Unsolicited submitted material. Good solutions are often created on the basis of input from users. Avara appreciates receiving ideas for the development of the Avara service from its customers. Such submissions are voluntary and will not entitle the submitter to any rights in connection with the development of the service similar to, or based on, such submissions. Avara reserves the right, in its sole discretion, to award prizes to such submissions if Avara deems it appropriate.

5.3.

Customer Support. To find more information about our service and its features, or if you need help with your account, please visit Avara support on the website.

5.4.

Severability. If one or more provisions of these Terms are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall be upheld and remain in full force and effect.

5.5.

Changes to Terms of Use. Avara may revise these Terms of Use from time to time. We will notify you at least 30 days before any such changes take effect.

5.6.

Electronic Communications. We will send you information about your account (e.g., payment authorizations, invoices, password or payment method changes, confirmations, notifications) only in electronic format, for example, via emails to the email address you provided during the registration process.