Terms Of Service
Last updated: [01.06.2026]
By using the Service, the Customer confirms that these Terms have been read and accepted.
1. About the Service
The Service is provided by HOLIO AS, reg. no. 929395824 (the “Supplier”), and consists of software (SaaS) with associated functionality, including license-based and transaction-based services.
2. Agreement Formation
The Agreement is deemed entered into when:
- the Customer starts using the Service; and
- actively accepts these Terms (e.g. by checkbox acceptance within the system).
3. Use of the Service
The Customer undertakes to:
- use the Service in accordance with applicable laws and regulations;
- provide accurate information; and
- not misuse, copy, or attempt to reverse-engineer the solution.
4. Products and Pricing
The Service may include several products, each with:
- license fees; and/or
- transaction-based pricing.
Pricing is determined either:
- through a Partner; or
- directly by the Supplier.
5. Payment
- The Customer will be invoiced through the Partner (unless otherwise agreed).
- Payment terms are specified in the agreement or invoice.
- In the event of non-payment, access to the Service may be restricted or suspended.
6. Changes to Packages and Usage
- The Customer may upgrade or downgrade services through the Partner.
- The Supplier may adjust packages if actual usage deviates from the agreed level (e.g. transaction volume).
7. Termination
- Termination takes effect from the first day of the following month.
- Any binding commitment periods take precedence over termination.
8. Availability
The Supplier strives for high uptime but does not guarantee uninterrupted or error-free service.
Maintenance and updates may occur.
9. Limitation of Liability
The Supplier is not liable for:
- indirect losses;
- loss of data, revenue, or profits.
Total liability is limited to the amount paid by the Customer during the previous 12 months.
10. Data Processing
The Customer is responsible for ensuring that:
- necessary consents (opt-ins) have been obtained; and
- use of the Service complies with applicable privacy laws.
A Data Processing Agreement may be entered into where required.
11. Changes to Terms
The Supplier may update these Terms.
Material changes will be notified.
12. Governing Law
These Terms are governed by Norwegian law.
DEFINITIONS
In this Agreement, the following terms shall have the meanings set out below:
“Agreement” means these Terms, any separate commercial agreement, data processing agreement, appendices, product terms, or other documents expressly made applicable between the parties. In the event of conflict, the documents shall prevail in the order of priority stated in the Agreement.
“Service” means Holio AS’ software solutions delivered as Software-as-a-Service, including associated functionality, APIs, integrations, databases, user interfaces, and related services as they exist from time to time.
“Customer” means the legal entity entering into an agreement for access to the Service, either directly with Holio or through a Partner.
“Partner” means a third party authorized by Holio to market, distribute, implement, or deliver the Service to end customers.
“User” means any natural person authorized by the Customer to access or use the Service.
“Data” means any information that the Customer or Users register, upload, generate, or otherwise make available through the Service, including personal data.
“Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable privacy laws.
“Subscription Period” means the period during which the Customer is entitled to use the Service under the Agreement, including any renewals.
“API” means any programming interface, technical specification, or integration mechanism made available by Holio for access to or use of the Service.
“Fees” means all remuneration payable by the Customer or Partner for use of the Service, including license fees, transaction-based fees, and any additional services.
1. GENERAL TERMS
1.1 Agreement Formation and Structure
The Agreement is deemed entered into when the Customer accepts the Terms, enters into a separate agreement, or starts using the Service.
Where the Service is delivered through a Partner, the Customer enters into a separate agreement with the Partner regarding commercial matters; however, these Terms shall still govern the Customer’s use of the Service.
The Agreement constitutes the entire agreement between the parties concerning the Service and supersedes all prior agreements, understandings, and communications relating to the same subject matter.
1.2 Fees
The Customer shall pay all Fees in accordance with the applicable agreement and pricing structure.
Where the Service is delivered directly from Holio to the Customer, Holio shall invoice the Customer for all Fees in accordance with the agreement between the parties.
Where the Service is delivered through a Partner, the Partner shall invoice the Customer in accordance with the agreement between the Customer and the Partner. In such cases, Holio invoices the Partner for use of the Service, and Holio has no responsibility for invoicing, payment follow-up, or other matters between the Partner and the Customer.
Fees may consist of fixed license fees, transaction-based fees, or other remuneration related to use of the Service. Unless otherwise expressly agreed, transaction-based fees are calculated based on actual usage of the Service.
Holio reserves the right to adjust pricing and pricing models upon reasonable notice. Where delivery is made through a Partner, price adjustments may be made towards the Partner, and the Partner is responsible for any onward price adjustments towards the Customer.
Unless otherwise expressly agreed, all payments are final and non-refundable, including in the event of reduced usage, termination, or suspension of the Service.
In the event of non-payment in direct customer relationships, Holio may, at its sole discretion, suspend or restrict access to the Service. Where the Service is delivered through a Partner, equivalent measures may be taken against the Partner, which may affect the Customer’s access to the Service without liability for Holio.
1.3 Notices
Holio may provide notices to the Customer by email, through the Service, or through a Partner. Notices are deemed received when sent to the latest contact information provided.
1.4 Nature of the Service
The Service is delivered as a standardized and continuously evolving SaaS solution. Holio reserves the right to make changes to the Service, including functionality, architecture, integrations, and technical platforms.
Such changes may be implemented without prior consent from the Customer and shall not constitute grounds for claims.
2. RIGHT OF USE
2.1 License
Holio grants the Customer a limited, non-exclusive, non-transferable right to use the Service for its internal business operations during the Subscription Period.
The right of use is conditional upon the Customer complying with the Agreement and paying all Fees.
2.2 Use Through Partner
Where the Service is delivered through a Partner, the Partner is responsible for implementation, configuration, and support. Holio has no direct obligations towards the Customer in such cases.
2.3 API and Technical Use
The Customer may use APIs in accordance with applicable documentation and technical limitations.
Holio may impose restrictions related to usage, including rate limiting, volume limitations, or technical restrictions, and may modify or discontinue API access without liability.
Any use causing disproportionate load or security risks shall constitute breach of the Agreement.
2.4 Prohibited Use
The Customer shall not:
- - attempt to gain unauthorized access to the Service;
- - use the Service in violation of applicable laws;
- - use the Service to develop competing solutions; or
- - circumvent technical limitations or pricing models.
3. USE OF INFORMATION
Holio may process Data in order to deliver, operate, monitor, secure, and improve the Service.
Holio may further use Data in anonymized and aggregated form for analytics, statistics, product development, and commercial purposes, provided such data cannot be linked to the Customer or identifiable individuals.
Holio may also process Data to comply with legal obligations, manage security incidents, and prevent misuse.
4. DATA PROCESSING AGREEMENT
4.1 Roles and Responsibilities
To the extent Holio processes Personal Data on behalf of the Customer in connection with the delivery of the Service, the Customer acts as data controller and Holio acts as data processor.
The Customer is responsible for ensuring that processing of Personal Data complies with applicable privacy laws, including ensuring a valid legal basis for all processing carried out through the Service.
Holio shall not process Personal Data for its own purposes, except to the extent necessary to deliver, operate, and secure the Service under the Agreement.
4.2 Purpose and Nature of Processing
Holio shall process Personal Data solely to:
(i) provide and make available the Service;
(ii) maintain operation, stability, and security;
(iii) carry out necessary technical operations, including storage, transfer, and accessibility of data; and
(iv) comply with legal obligations.
Processing may include any operation necessary for the functionality of the Service, including collection, registration, organization, structuring, storage, adaptation, transfer, and deletion.
4.3 Instructions from the Customer
Holio shall process Personal Data in accordance with documented instructions from the Customer as reflected in the Agreement and the Customer’s use of the Service.
The Customer’s use of the Service shall be considered an instruction to Holio to process Personal Data in accordance with the functionality of the Service.
If Holio considers an instruction to violate applicable law, Holio shall notify the Customer without undue delay.
4.4 Confidentiality
Holio shall ensure that persons authorized to process Personal Data are subject to confidentiality obligations or corresponding statutory duties of confidentiality.
Access to Personal Data shall be limited to what is necessary for the purpose of the processing.
4.5 Security Measures
Holio shall implement and maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures protecting against:
- - unauthorized or unlawful processing;
- - accidental loss;
- - destruction or damage.
Such measures may include:
- - access control and authentication;
- - logging and monitoring;
- - encryption where relevant; and
- - backup and recovery.
The Customer acknowledges that the Service is provided as a standardized solution and that the security level is adapted for general use. Holio does not guarantee that the Service is free from security breaches.
4.6 Use of Subprocessors
Holio may use subprocessors to deliver the Service, including for storage, infrastructure, operations, and technical support.
Holio shall ensure that such subprocessors are subject to obligations corresponding to those set out in this Agreement, including confidentiality and security requirements.
Holio is responsible for the acts and omissions of subprocessors as for its own.
The following subprocessors are used as of the date of the Agreement:
Holio reserves the right to add or replace subprocessors. Material changes may be notified through the Service or by email.
4.7 Transfers of Personal Data
Holio may transfer Personal Data to countries outside the EU/EEA to the extent necessary to deliver the Service.
Such transfers shall take place in accordance with applicable privacy laws, including through approved transfer mechanisms such as the EU Commission’s Standard Contractual Clauses or equivalent mechanisms.
4.8 Assistance to the Customer
Holio shall, to a reasonable extent and taking into account the nature of the Service, assist the Customer in fulfilling its obligations under applicable privacy laws, including regarding:
- - handling requests from data subjects;
- - assessment of security measures; and
- - handling personal data breaches.
Such assistance may be subject to additional fees.
4.9 Notification of Security Breaches
In the event of a personal data breach, Holio shall notify the Customer without undue delay after becoming aware of the breach.
The notification shall include available information regarding:
- the nature of the breach;
- likely consequences; and
- measures taken or proposed.
4.10 Audit and Documentation
Upon request, Holio shall make available high-level information reasonably necessary to demonstrate compliance with this provision.
Documentation may be provided through standardized materials, including descriptions of security measures, statements, or equivalent documentation made available by Holio.
The Customer is not entitled to carry out physical audits, inspections, or similar control measures at Holio unless required by mandatory law.
Holio is not obligated to complete extensive questionnaires, perform special audits, or customize documentation beyond what is normally made available to customers.
Any assistance beyond this may be subject to separate agreement and compensation.
4.11 Deletion and Return of Data
Upon termination of the Agreement, Holio shall, at the Customer’s choice:
(i) delete Personal Data; or
(ii) return Personal Data in an accessible format,
unless continued storage is required by law.
Holio may set a reasonable deadline for such requests and has no obligation to retain data beyond that deadline.
5. ADDITIONAL TERMS
5.1 Confidentiality
Each party undertakes to treat all confidential information received from the other party as strictly confidential and not disclose such information to third parties without the prior written consent of the other party.
Confidential information means any technical, commercial, or other information, including but not limited to information concerning the Service, business models, pricing, customer lists, technology, source code, security solutions, and other matters reasonably considered confidential.
The obligation does not apply to information which:
(i) is or becomes publicly available without breach of the Agreement;
(ii) was lawfully known to the receiving party prior to disclosure;
(iii) is received from a third party without breach of confidentiality obligations; or
(iv) must be disclosed pursuant to law or court order, provided the other party is notified where legally permitted.
The confidentiality obligation applies during the term of the Agreement and for five (5) years following termination, except for trade secrets which shall remain protected as long as they qualify as trade secrets.
5.2 Intellectual Property Rights
All intellectual property rights in the Service, including but not limited to software, APIs, databases, structure, design, documentation, developments, and customizations, belong exclusively to Holio or its licensors.
The Customer is granted only a limited right of use as set out in the Agreement, and no ownership rights are transferred to the Customer.
The Customer shall not, directly or indirectly:
(i) copy, modify, or create derivative works of the Service;
(ii) decompile, reverse-engineer, or otherwise attempt to discover source code;
(iii) use the Service or insights from the Service to develop competing solutions; or
(iv) remove or alter ownership notices or rights information.
Any unauthorized use constitutes a material breach.
5.3 Warranty Disclaimer
The Service is provided “as is” and “as available,” and Holio provides no warranties, express or implied, beyond what is required by mandatory law.
To the extent permitted by law, Holio disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, continuous availability, error-free operation, and that the Service will meet the Customer’s specific requirements.
Holio does not guarantee that the Service will be free from errors, interruptions, or security breaches, or that such issues will be corrected within any specific timeframe.
The Customer acknowledges that the Service is a standardized solution and that it is the Customer’s responsibility to determine whether the Service is suitable for its intended purpose.
5.4 Liability
Holio shall not be liable for indirect losses, including but not limited to loss of profit, revenue, business opportunities, goodwill, data, or anticipated savings, regardless of whether such losses were foreseeable or whether Holio was advised of the possibility of such losses.
Holio is also not liable for:
(i) loss or damage resulting from the Customer’s use of the Service in breach of the Agreement;
(ii) errors or deficiencies in data provided by the Customer or third parties;
(iii) matters caused by third-party systems or integrations;
(iv) security breaches not caused by Holio’s gross negligence; or
(v) interruptions or unavailability caused by maintenance or circumstances beyond Holio’s control.
5.5 Limitation of Liability
Holio’s total liability under the Agreement, regardless of the basis of liability, is limited to the lower of:
(i) the total amount paid by the Customer for the Service during the twelve (12) months preceding the claim; or
(ii) NOK 50,000.
The limitation applies collectively to all claims, and the Customer may not bring multiple claims exceeding this limit in aggregate.
The limitation does not apply to the extent such limitation is prohibited under mandatory law.
5.6 Indemnification
The Customer shall indemnify and hold harmless Holio, its employees, board members, and partners against any claim, loss, cost, or liability arising out of:
(i) the Customer’s use of the Service in breach of the Agreement;
(ii) violation of applicable law, including privacy laws;
(iii) infringement of third-party rights, including intellectual property rights; or
(iv) data or content made available through the Service by the Customer or Users.
The indemnification also includes reasonable legal fees and other direct costs associated with handling the claim.
Holio shall notify the Customer without undue delay of any claims covered by this provision.
5.7 Termination and Suspension
The Agreement runs for the Subscription Period and renews automatically unless terminated in accordance with the agreed notice period.
Holio may suspend or terminate the Customer’s access to the Service with immediate effect if:
(i) the Customer materially breaches the Agreement;
(ii) the Customer fails to pay Fees;
(iii) use of the Service constitutes a security risk; or
(iv) Holio is required to do so by law or regulatory order.
Upon termination, the Customer’s right to use the Service ceases immediately.
5.8 Data Upon Termination
Upon termination of the Agreement, the Customer may, within a reasonable period, request export of Data in an accessible format.
Holio reserves the right to delete Data after expiry of such period unless retention is required by law.
Holio has no obligation to retain Data beyond this.
5.9 General Provisions
If any provision of the Agreement is found invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Failure to enforce any provision shall not constitute a waiver of the right to enforce it later.
Holio may assign the Agreement, in whole or in part, to another company within the same group or in connection with a merger, acquisition, or transfer of business.
The Customer may not assign the Agreement without Holio’s prior written consent.
Holio shall not be liable for failure to perform caused by circumstances beyond its reasonable control.
The Agreement is governed by Norwegian law, and disputes shall be resolved by the Oslo District Court.
Last updated: [01.06.2026]
By using the Service, the Customer confirms that these Terms have been read and accepted.
1. About the Service
The Service is provided by HOLIO AS, reg. no. 929395824 (the “Supplier”), and consists of software (SaaS) with associated functionality, including license-based and transaction-based services.
2. Agreement Formation
The Agreement is deemed entered into when:
- the Customer starts using the Service; and
- actively accepts these Terms (e.g. by checkbox acceptance within the system).
3. Use of the Service
The Customer undertakes to:
- use the Service in accordance with applicable laws and regulations;
- provide accurate information; and
- not misuse, copy, or attempt to reverse-engineer the solution.
4. Products and Pricing
The Service may include several products, each with:
- license fees; and/or
- transaction-based pricing.
Pricing is determined either:
- through a Partner; or
- directly by the Supplier.
5. Payment
- The Customer will be invoiced through the Partner (unless otherwise agreed).
- Payment terms are specified in the agreement or invoice.
- In the event of non-payment, access to the Service may be restricted or suspended.
6. Changes to Packages and Usage
- The Customer may upgrade or downgrade services through the Partner.
- The Supplier may adjust packages if actual usage deviates from the agreed level (e.g. transaction volume).
7. Termination
- Termination takes effect from the first day of the following month.
- Any binding commitment periods take precedence over termination.
8. Availability
The Supplier strives for high uptime but does not guarantee uninterrupted or error-free service.
Maintenance and updates may occur.
9. Limitation of Liability
The Supplier is not liable for:
- indirect losses;
- loss of data, revenue, or profits.
Total liability is limited to the amount paid by the Customer during the previous 12 months.
10. Data Processing
The Customer is responsible for ensuring that:
- necessary consents (opt-ins) have been obtained; and
- use of the Service complies with applicable privacy laws.
A Data Processing Agreement may be entered into where required.
11. Changes to Terms
The Supplier may update these Terms.
Material changes will be notified.
12. Governing Law
These Terms are governed by Norwegian law.
DEFINITIONS
In this Agreement, the following terms shall have the meanings set out below:
“Agreement” means these Terms, any separate commercial agreement, data processing agreement, appendices, product terms, or other documents expressly made applicable between the parties. In the event of conflict, the documents shall prevail in the order of priority stated in the Agreement.
“Service” means Holio AS’ software solutions delivered as Software-as-a-Service, including associated functionality, APIs, integrations, databases, user interfaces, and related services as they exist from time to time.
“Customer” means the legal entity entering into an agreement for access to the Service, either directly with Holio or through a Partner.
“Partner” means a third party authorized by Holio to market, distribute, implement, or deliver the Service to end customers.
“User” means any natural person authorized by the Customer to access or use the Service.
“Data” means any information that the Customer or Users register, upload, generate, or otherwise make available through the Service, including personal data.
“Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable privacy laws.
“Subscription Period” means the period during which the Customer is entitled to use the Service under the Agreement, including any renewals.
“API” means any programming interface, technical specification, or integration mechanism made available by Holio for access to or use of the Service.
“Fees” means all remuneration payable by the Customer or Partner for use of the Service, including license fees, transaction-based fees, and any additional services.
1. GENERAL TERMS
1.1 Agreement Formation and Structure
The Agreement is deemed entered into when the Customer accepts the Terms, enters into a separate agreement, or starts using the Service.
Where the Service is delivered through a Partner, the Customer enters into a separate agreement with the Partner regarding commercial matters; however, these Terms shall still govern the Customer’s use of the Service.
The Agreement constitutes the entire agreement between the parties concerning the Service and supersedes all prior agreements, understandings, and communications relating to the same subject matter.
1.2 Fees
The Customer shall pay all Fees in accordance with the applicable agreement and pricing structure.
Where the Service is delivered directly from Holio to the Customer, Holio shall invoice the Customer for all Fees in accordance with the agreement between the parties.
Where the Service is delivered through a Partner, the Partner shall invoice the Customer in accordance with the agreement between the Customer and the Partner. In such cases, Holio invoices the Partner for use of the Service, and Holio has no responsibility for invoicing, payment follow-up, or other matters between the Partner and the Customer.
Fees may consist of fixed license fees, transaction-based fees, or other remuneration related to use of the Service. Unless otherwise expressly agreed, transaction-based fees are calculated based on actual usage of the Service.
Holio reserves the right to adjust pricing and pricing models upon reasonable notice. Where delivery is made through a Partner, price adjustments may be made towards the Partner, and the Partner is responsible for any onward price adjustments towards the Customer.
Unless otherwise expressly agreed, all payments are final and non-refundable, including in the event of reduced usage, termination, or suspension of the Service.
In the event of non-payment in direct customer relationships, Holio may, at its sole discretion, suspend or restrict access to the Service. Where the Service is delivered through a Partner, equivalent measures may be taken against the Partner, which may affect the Customer’s access to the Service without liability for Holio.
1.3 Notices
Holio may provide notices to the Customer by email, through the Service, or through a Partner. Notices are deemed received when sent to the latest contact information provided.
1.4 Nature of the Service
The Service is delivered as a standardized and continuously evolving SaaS solution. Holio reserves the right to make changes to the Service, including functionality, architecture, integrations, and technical platforms.
Such changes may be implemented without prior consent from the Customer and shall not constitute grounds for claims.
2. RIGHT OF USE
2.1 License
Holio grants the Customer a limited, non-exclusive, non-transferable right to use the Service for its internal business operations during the Subscription Period.
The right of use is conditional upon the Customer complying with the Agreement and paying all Fees.
2.2 Use Through Partner
Where the Service is delivered through a Partner, the Partner is responsible for implementation, configuration, and support. Holio has no direct obligations towards the Customer in such cases.
2.3 API and Technical Use
The Customer may use APIs in accordance with applicable documentation and technical limitations.
Holio may impose restrictions related to usage, including rate limiting, volume limitations, or technical restrictions, and may modify or discontinue API access without liability.
Any use causing disproportionate load or security risks shall constitute breach of the Agreement.
2.4 Prohibited Use
The Customer shall not:
- - attempt to gain unauthorized access to the Service;
- - use the Service in violation of applicable laws;
- - use the Service to develop competing solutions; or
- - circumvent technical limitations or pricing models.
3. USE OF INFORMATION
Holio may process Data in order to deliver, operate, monitor, secure, and improve the Service.
Holio may further use Data in anonymized and aggregated form for analytics, statistics, product development, and commercial purposes, provided such data cannot be linked to the Customer or identifiable individuals.
Holio may also process Data to comply with legal obligations, manage security incidents, and prevent misuse.
4. DATA PROCESSING AGREEMENT
4.1 Roles and Responsibilities
To the extent Holio processes Personal Data on behalf of the Customer in connection with the delivery of the Service, the Customer acts as data controller and Holio acts as data processor.
The Customer is responsible for ensuring that processing of Personal Data complies with applicable privacy laws, including ensuring a valid legal basis for all processing carried out through the Service.
Holio shall not process Personal Data for its own purposes, except to the extent necessary to deliver, operate, and secure the Service under the Agreement.
4.2 Purpose and Nature of Processing
Holio shall process Personal Data solely to:
(i) provide and make available the Service;
(ii) maintain operation, stability, and security;
(iii) carry out necessary technical operations, including storage, transfer, and accessibility of data; and
(iv) comply with legal obligations.
Processing may include any operation necessary for the functionality of the Service, including collection, registration, organization, structuring, storage, adaptation, transfer, and deletion.
4.3 Instructions from the Customer
Holio shall process Personal Data in accordance with documented instructions from the Customer as reflected in the Agreement and the Customer’s use of the Service.
The Customer’s use of the Service shall be considered an instruction to Holio to process Personal Data in accordance with the functionality of the Service.
If Holio considers an instruction to violate applicable law, Holio shall notify the Customer without undue delay.
4.4 Confidentiality
Holio shall ensure that persons authorized to process Personal Data are subject to confidentiality obligations or corresponding statutory duties of confidentiality.
Access to Personal Data shall be limited to what is necessary for the purpose of the processing.
4.5 Security Measures
Holio shall implement and maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures protecting against:
- - unauthorized or unlawful processing;
- - accidental loss;
- - destruction or damage.
Such measures may include:
- - access control and authentication;
- - logging and monitoring;
- - encryption where relevant; and
- - backup and recovery.
The Customer acknowledges that the Service is provided as a standardized solution and that the security level is adapted for general use. Holio does not guarantee that the Service is free from security breaches.
4.6 Use of Subprocessors
Holio may use subprocessors to deliver the Service, including for storage, infrastructure, operations, and technical support.
Holio shall ensure that such subprocessors are subject to obligations corresponding to those set out in this Agreement, including confidentiality and security requirements.
Holio is responsible for the acts and omissions of subprocessors as for its own.
The following subprocessors are used as of the date of the Agreement:
Holio reserves the right to add or replace subprocessors. Material changes may be notified through the Service or by email.
4.7 Transfers of Personal Data
Holio may transfer Personal Data to countries outside the EU/EEA to the extent necessary to deliver the Service.
Such transfers shall take place in accordance with applicable privacy laws, including through approved transfer mechanisms such as the EU Commission’s Standard Contractual Clauses or equivalent mechanisms.
4.8 Assistance to the Customer
Holio shall, to a reasonable extent and taking into account the nature of the Service, assist the Customer in fulfilling its obligations under applicable privacy laws, including regarding:
- - handling requests from data subjects;
- - assessment of security measures; and
- - handling personal data breaches.
Such assistance may be subject to additional fees.
4.9 Notification of Security Breaches
In the event of a personal data breach, Holio shall notify the Customer without undue delay after becoming aware of the breach.
The notification shall include available information regarding:
- the nature of the breach;
- likely consequences; and
- measures taken or proposed.
4.10 Audit and Documentation
Upon request, Holio shall make available high-level information reasonably necessary to demonstrate compliance with this provision.
Documentation may be provided through standardized materials, including descriptions of security measures, statements, or equivalent documentation made available by Holio.
The Customer is not entitled to carry out physical audits, inspections, or similar control measures at Holio unless required by mandatory law.
Holio is not obligated to complete extensive questionnaires, perform special audits, or customize documentation beyond what is normally made available to customers.
Any assistance beyond this may be subject to separate agreement and compensation.
4.11 Deletion and Return of Data
Upon termination of the Agreement, Holio shall, at the Customer’s choice:
(i) delete Personal Data; or
(ii) return Personal Data in an accessible format,
unless continued storage is required by law.
Holio may set a reasonable deadline for such requests and has no obligation to retain data beyond that deadline.
5. ADDITIONAL TERMS
5.1 Confidentiality
Each party undertakes to treat all confidential information received from the other party as strictly confidential and not disclose such information to third parties without the prior written consent of the other party.
Confidential information means any technical, commercial, or other information, including but not limited to information concerning the Service, business models, pricing, customer lists, technology, source code, security solutions, and other matters reasonably considered confidential.
The obligation does not apply to information which:
(i) is or becomes publicly available without breach of the Agreement;
(ii) was lawfully known to the receiving party prior to disclosure;
(iii) is received from a third party without breach of confidentiality obligations; or
(iv) must be disclosed pursuant to law or court order, provided the other party is notified where legally permitted.
The confidentiality obligation applies during the term of the Agreement and for five (5) years following termination, except for trade secrets which shall remain protected as long as they qualify as trade secrets.
5.2 Intellectual Property Rights
All intellectual property rights in the Service, including but not limited to software, APIs, databases, structure, design, documentation, developments, and customizations, belong exclusively to Holio or its licensors.
The Customer is granted only a limited right of use as set out in the Agreement, and no ownership rights are transferred to the Customer.
The Customer shall not, directly or indirectly:
(i) copy, modify, or create derivative works of the Service;
(ii) decompile, reverse-engineer, or otherwise attempt to discover source code;
(iii) use the Service or insights from the Service to develop competing solutions; or
(iv) remove or alter ownership notices or rights information.
Any unauthorized use constitutes a material breach.
5.3 Warranty Disclaimer
The Service is provided “as is” and “as available,” and Holio provides no warranties, express or implied, beyond what is required by mandatory law.
To the extent permitted by law, Holio disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, continuous availability, error-free operation, and that the Service will meet the Customer’s specific requirements.
Holio does not guarantee that the Service will be free from errors, interruptions, or security breaches, or that such issues will be corrected within any specific timeframe.
The Customer acknowledges that the Service is a standardized solution and that it is the Customer’s responsibility to determine whether the Service is suitable for its intended purpose.
5.4 Liability
Holio shall not be liable for indirect losses, including but not limited to loss of profit, revenue, business opportunities, goodwill, data, or anticipated savings, regardless of whether such losses were foreseeable or whether Holio was advised of the possibility of such losses.
Holio is also not liable for:
(i) loss or damage resulting from the Customer’s use of the Service in breach of the Agreement;
(ii) errors or deficiencies in data provided by the Customer or third parties;
(iii) matters caused by third-party systems or integrations;
(iv) security breaches not caused by Holio’s gross negligence; or
(v) interruptions or unavailability caused by maintenance or circumstances beyond Holio’s control.
5.5 Limitation of Liability
Holio’s total liability under the Agreement, regardless of the basis of liability, is limited to the lower of:
(i) the total amount paid by the Customer for the Service during the twelve (12) months preceding the claim; or
(ii) NOK 50,000.
The limitation applies collectively to all claims, and the Customer may not bring multiple claims exceeding this limit in aggregate.
The limitation does not apply to the extent such limitation is prohibited under mandatory law.
5.6 Indemnification
The Customer shall indemnify and hold harmless Holio, its employees, board members, and partners against any claim, loss, cost, or liability arising out of:
(i) the Customer’s use of the Service in breach of the Agreement;
(ii) violation of applicable law, including privacy laws;
(iii) infringement of third-party rights, including intellectual property rights; or
(iv) data or content made available through the Service by the Customer or Users.
The indemnification also includes reasonable legal fees and other direct costs associated with handling the claim.
Holio shall notify the Customer without undue delay of any claims covered by this provision.
5.7 Termination and Suspension
The Agreement runs for the Subscription Period and renews automatically unless terminated in accordance with the agreed notice period.
Holio may suspend or terminate the Customer’s access to the Service with immediate effect if:
(i) the Customer materially breaches the Agreement;
(ii) the Customer fails to pay Fees;
(iii) use of the Service constitutes a security risk; or
(iv) Holio is required to do so by law or regulatory order.
Upon termination, the Customer’s right to use the Service ceases immediately.
5.8 Data Upon Termination
Upon termination of the Agreement, the Customer may, within a reasonable period, request export of Data in an accessible format.
Holio reserves the right to delete Data after expiry of such period unless retention is required by law.
Holio has no obligation to retain Data beyond this.
5.9 General Provisions
If any provision of the Agreement is found invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Failure to enforce any provision shall not constitute a waiver of the right to enforce it later.
Holio may assign the Agreement, in whole or in part, to another company within the same group or in connection with a merger, acquisition, or transfer of business.
The Customer may not assign the Agreement without Holio’s prior written consent.
Holio shall not be liable for failure to perform caused by circumstances beyond its reasonable control.
The Agreement is governed by Norwegian law, and disputes shall be resolved by the Oslo District Court.