TERMS AND CONDITIONS

Last updated: 03.06.2022

1 Welcome to storm

1.1 Introduction

Thank you for using Storm! Storm is a service developed and owned by Kahoot! ASA (“we“, “us“, “our“). Through Storm we offer short online lessons that may cover theory or practice (the “Service“). The Service may for example consist of different math lessons and exercises. By providing teachers and students, or other private persons (“Users“) with the Service, we aim to create learning and joy in different school subjects such as mathematics.

These Terms and Conditions (“T&Cs“) apply to all Users of the Service.

1.2 About the T&Cs

The T&Cs contain important information about the Service, our obligations as the provider of the Service, as well as information about your rights and obligations as a User of the Service. Please read the T&Cs carefully before using the Service.

By using the Service you acknowledge that you have read and understood the content of the T&Cs, and agree to be bound by the T&Cs. The T&Cs constitute a binding agreement between the Users and Kahoot!. If you do not accept the T&Cs, you may not use the Service.

2 Licensed rights

The Service and the content therein are the property of Kahoot! and Kahoot!’s licensors (as applicable). We grant you a limited, non-exclusive, revocable license to make use of the Service in accordance with the Agreement. Unless otherwise agreed in writing with Kahoot!, you may only use the Service for non-commercial purposes, and you may not use the Service for advertising, marketing or sales activities, or charge any fees or require payment as part of your use of the Service or any content therein, unless expressly authorized by Kahoot!.

3 Using the Short online lessons

3.1 User information and Third Parties

We may process information related to your use of the Service. To the extent user information constitutes personal data under the applicable data protection laws, such data will be handled in accordance with applicable data protection laws. Detailed information on how we process your information can be found in our Storm Privacy Policy.

3.2 Acceptable use

Upon entering into this agreement, you agree not to transfer, distribute, sell, publish, create derivate works of or otherwise unlawfully use or exploit the Service or any content therein.

You may not use the Service in the following manners:

in violation of any local, national, foreign, or international law;
to harass or harm other individuals; or
in a way that infringes the intellectual property rights of Kahoot! or third parties.

You understand that by using the Service in violation of the T&Cs, we have the right to suspend or terminate your access to the Service. Upon such a decision on suspension or termination, you have the right to complain to us via the contact information set out in 9 below.

3.3 Students under the age of 18

Under circumstances where the user is under the age of 18, it is the teachers’ and guardians’ responsibility to ensure that the use of the Service is in accordance with the T&Cs and to safeguard the user’s safety and privacy.]

4 Intellectual property rights

We are the sole owner of all intellectual property rights related to Storm, including the Service. This includes but is not limited to concept, methodology, text, design, music, graphics, software, relevant interfaces, and trademarks connected to Storm and the Service. The Service may not be used for purposes other than those set out in the T&Cs or, if applicable, by special agreement with us. Except for the rights expressly granted to you in the Agreement, Kahoot! grants no right, title, or interest to you in the Service or any of its content.

5 Our obligations

The Service and its features are offered solely on an ‘as-is’ basis. We strive to deliver a satisfactory and functioning product at all times. However, we cannot guarantee a flawless or uninterrupted use of the Service. Access to the Service or specific features may be temporarily restricted or stopped without prior notice in the event of system failure, maintenance or repair, or circumstances beyond our control. In such cases, we shall not be liable.

We do not warrant that the Service will be without loss, destruction, viruses, attacks, interference, hacking, or other security threats. We reserve all rights to implement measures to ensure the security of the Service.

Although we strive to deliver correct and complete content, we cannot guarantee that the content will be accurate or complete at all times.

6 Liability

The Service is offered to you for free and you expressly understand and agree that Kahoot!, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors shall not be liable to you or any third party for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, including for any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Service.

Nothing in the T&Cs removes or limits Kahoot!’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

7 Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Kahoot! and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) Your breach of the T&Cs; (2) Any activity in that you or anyone using your account engages on or through the Service; and (3) Your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these T&Cs. In such event, you shall provide us with such cooperation as is reasonably requested by us.

8 Changes

Updates and changes to the Service may occur from time to time. The Users of the Service hereby understand and accept that we are free to make changes and updates to the Service if needed. Changes to the Service will not affect the rights and obligations between the Users and Kahoot!, as outlined in these T&Cs.

We reserve the right to change these T&Cs from time to time.

9 Assignment

Kahoot! may assign the T&Cs or any part of them, and Kahoot! may delegate any of its obligations under the T&Cs. You may not assign the T&Cs or any part of them, nor transfer or sub-license your rights under the T&Cs, to any third party

10 Governing law and Dispute resolution

The Agreement is governed by the statutes and laws of Norway without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods. Norwegian law will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services. Any action to enforce the Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11 Contact us

If you have any questions or comments related to Storm, the Service, T&Cs, or otherwise, feel free to contact us by using the contact information below:

Kahoot! ASA

Fridtjof Nansens Plass 7

0160 Oslo

Org nr: 997 770 234