General terms and conditions
The terms of purchase with Tail it must be reviewed and accepted forpurchase.
In particular, note the following for consumers:
- The product comes with your own application (Tail it app) for smart phones and will not work unless you have a smart phone.
- The product must have a SIM card with reception to work, and all Tail it products is delivered with SIM card from Tele G with Telenor network.
- You have a right to cancel, which means that you are entitled to withdraw from the purchase without notice within 14 days of receipt of the goods.
General terms and conditions for the buying of products and services by Tail TtTechnologies AS
The terms below apply to Tail it products (referred to as “Products” below), and other services related to the use of the Products (“Services”).
These terms and conditions apply as an agreement between you as customer and the supplier, who is Tail it technologies AS, org. No. 817 870 902, Fossegrenda 9, 7038 Trondheim.
1. Overview of consumer terms
The terms below may seem extensive, so here you as the consumer (who does not buy Products, etc. for business purposes) have an overview of the most important terms:
- The terms here apply from the moment you have ordered a Product and have received an Order Confirmation, see item 2.
- To use the Products, you must download the Tail it app on a smartphone and purchase a SIM card if you have not purchased a subscription, see item 4.1.
- If you notice any errors in the order, order confirmation, Products, Services or otherwise, you must notify us (i.e., Tail it) as soon as possible and at the latest within a reasonable time after you discover this [ENTER LINK TO ADDRESS] , see items 4.2 and 8.
- When purchasing Products, shipping costs may be added, and if you do not pick up the Products you order, you may be responsible for return costs as well, see item 4.5.
- If the agreement implies that Tail it will provide credit, Tail it may undertake a credit evaluation of the Customer, see point 5.4.
- Installation and use of the Tail it app can only happen on the mobile phone that the registered user uses. When downloading the Tail it app, you accept the terms that appear there, see item 6.2.
- If the Services or Products are used in violation of the terms or regulations or other rules, access to the Services may be ended and the contractual relationship terminated, see item 6.5.
- You have a right to cancel, which means that under the cancellation act you can leave the Agreement without giving a reason within 14 days of receipt of the goods. In this case, you must inform Tail it about this. See item 9.1.
- You may terminate the Agreement with one month’s notice, see item 9.2, but you may incur a breach fee, see above.
- Tail it has the right to make changes to Services, including termination of the Service. By changing or terminating a service, you may be offered another service, see item 10.5.
2. Agreement and terms
Tail it sells Products that can be used to communicate with or to track your child or pet.
Tail it also offers Services through an application and via our website where you get a complete overview of where your child or pet is.
When purchasing our Products, the Terms of Purchase in item 4 apply. Where you use our Services, the Terms of Service in Section 6 will apply. The other general terms and conditions apply regardless of which Product, or Service you purchased or use.
After you have ordered a Product, you will receive a written confirmation of your order from Tail it (“Order Confirmation”). Once you receive the Order Confirmation, the Agreement will be deemed to have been entered, and you are therefore required to comply with the terms and conditions and pay
the amount stated in the Agreement.
The agreement between you and Tail it (the “Agreement”) consists of the following:
- These terms of purchase of products and services,
- The order Confirmation,
- The terms that follow the download of the Tail it app application which you can see here
- Any other written terms as stated in the negotiation between the Customer and Tail it.
By using the Services, you are also subject to the terms of any agreements with third parties, such as your mobile provider and the App Store/Google Play.
The following terms and phrases are used in these terms and conditions:
Consumer is the one who buys Products or otherwise for personal use or otherwise which are not part of business activity.
The Guardian is whoever is responsible for an end-user who is a child and has special responsibility for the child’s safety.
End user is the one who uses a Tail it product.
3. Customer’s duty of disclosure upon entering into the Agreement
When entering into the Agreement, natural persons (consumer customers) must enter their name, birth number (possibly only date of birth, if no birth number is assigned), residential address and invoice address, if the latter is not identical to the residential address.
Legal persons (corporate customers) must enter their name, postal address and invoice address, if the latter is not identical to the postal address, as well as the organization number and contact person. If possible, one or more electronic contact addresses must be provided, such as telephone number, e-mail address, etc., which can be used for inquiries from Tail it. In addition, Tail it will be able to use assigned telephone number and e-mail address as the electronic contact address.
Should others than the Customer itself be a regular user of the Services, the Customer is obliged to provide information about correct user information such as name, date of birth and address.
In order for Tail it to be able to fulfill its obligations under the Agreement, the Customer shall, as soon as possible, report change of address and other changes affecting the customer relationship with Tail it.
The Customer is obliged to inform any users who have been granted access to the Services that information about the use of the Services may be delivered from Tail it to the Customer.
4. Purchase Terms
4.1 Details of the Products
The Products will be used with the Services listed below, particularly the Tail it app application and a SIM card. In order to use the Products as intended, you may need to download the Tail it app on a smartphone and purchase a SIM card if you have not purchased a Subscription. If you do not have a
smartphone or SIM card, you will not be able to use the Products in the way they are intended.
4.2 Errors in Order Confirmation
If you find an error in the Order Confirmation, you must inform Tail it of this immediately, if you are a consumer customer, you can use it in accordance with item 8. Tail it will then help you to correct any errors.
4.3 Delivery of the Product
When you have purchased the Product through our website, the Product will be delivered to you in the manner that is stated in the Order Confirmation. Normal delivery time for Products is 3-5 days after you received the Order Confirmation.
If Tail it does not have the correct address or the shipment for other reasons is returned, Tail it will not be able to fulfill its obligation under the Agreement. This may result in the Agreement terminating in accordance with item 9.3.
4.4 Safety when using Products
The Tail it product is intended for use as a tracking device. Note that Tail it cannot guarantee that our Products are flawless, and this may mean that the tracking feature may fail to function. It is therefore important that you do not rely solely on Tail it product, but also have other precautions like knowing
where the user of the product is. Children who are end users and guardians must always have good precautionary arrangements, even when using the Product or Service.
4.5 Prices and Fees
The price of the Product is stated in the Order Confirmation.
All purchases of Products include a shipping charge if it is to be sent home to a specified address.
Shipping costs are set at NOK 99 as long as the total price of the purchase is less than NOK 2,000. If
the total amount exceeds kr 2,000, there will be no additional shipping costs.
If Products purchased through www.Tail itnorge.no are not collected within the deadline and you are
otherwise acting completely passive, Tail it will be entitled to cancel the purchase. Tail it will also
have the right to send you an invoice amounting to the shipping cost, including return of the product.
5. Terms of Service
5.1 Details of our Services
The services provided by Tail it under the Agreement are as follows:
- Access to and use of the application Tail it app
- Regular system updates to the Products
- Access to our website
These Services are included as part of the Purchase of the Product.
5.2 Use of the Services and Tail it app
The Services may only be used by the Customer for the purposes intended for the Services, that is to communicate with and monitor End Users. In cases where the End User is a child, it is only the guardian or someone authorized by the guardian who can to create a user profile and use the Services. It is not permitted to monitor, copy or collect information from the Services beyond what is part of the normal use of the Services.
In order to use the Services, one of the child’s guardians or someone the guardian gives permission to must:
- Download the Tail it app from the AppStore or Google Play and install the Tail it app on its mobile phone, and
- Register a user on the Tail it app
Installation and use of the Tail it app can only happen on the mobile phone that the registered user uses. By downloading the Tail it app you accept the terms that appear there.
All information that is registered must be correct and concern the person who registers and no aliases or other means of concealing the identity can be used. The user is solely responsible for the security of the password and will be solely responsible for use or authorized use with the username. If you suspect unauthorized use of your username, your password must be changed and/or Tail it must be contacted immediately.
It is not allowed to take any action that causes Services to be terminated, in whole or in part, as a result of overload, or by providing Tail it’s platforms with an unnecessarily high load.
Tail it is the exclusive owner or authorized licensor of the Tail it app, including text, software, graphics, design and all trademarks and other intellectual property rights. Tail it gives the user a nonexclusive, non-transferable, revocable, limited license to use the Tail it app solely on mobile phones that the person who downloads the app owns or is responsible for.
5.3 Use of Tail its websites and platform
The following rules apply to the use of the website and platform:
All text and all images and other media used on the site are copyrighted by their respective licensees and may not be used under any circumstances without written permission.
It is not allowed to monitor, copy or collect information from our platforms through the use of “spiders”, “robots”, or “scrapers” automatically or manually without written permission.
It is not allowed to attempt to “hack” or test the security or configuration of our platforms.
It is not permitted to grant access to Tail it’s platforms through other web sites or platforms, including, but not limited to, so-called “proxy” solutions.
There may be interruptions in the functionality of the platform, which means that all or part of our Service is unavailable at times. This may be due to updates or technical maintenance. All of our platforms may contain links to other websites that are not owned by Tail it. You accept that we are not responsible for the content of these pages.
5.4 Security and password protection
User and Customer shall ensure that equipment, personal cards and passwords used for access to the Services are safeguarded and stored and used in such a way that unauthorized persons cannot access them.
User shall take all reasonable precautions to limit the risk that unauthorized persons may misuse or otherwise gain unauthorized access to the Product or Services.
Personal access codes such as screen lock codes or passwords must be used if this function is available.
By knowledge about, or suspicion of Products, Mobile Phones, Personal Cards and Codes being lost or obtained by unauthorized persons, Tail it shall be notified immediately to prevent abuse of the Services. Tail it will immediately block affected Services.
Users who find that they have access to information that does not concern their user or End User is obliged to report to Tail its support department, at [email protected] or +47 90430000
5.5 Suspension for illegal use
If the Services or Products are used in violation of these terms or are being misused in violation of any laws or regulations, Tail it is entitled to block access to the Services and terminate the agreement with the registered user of the Services.
In this case, Tail it will send a notice of exclusion to the user, if possible. The user will have the opportunity to comment on the relationship and to correct the reason for exclusion. The notification shall state the reason and set a deadline for correcting the relationship. If the time limit is exceeded, the relationship is not corrected or repeated, Tail it will be entitled to terminate the Agreement.
In emergency situations, as described in section 6.6, Tail it will be entitled to exclude the user immediately without notifying the user.
When the terms of exclusion of a Service are met, Tail it may close all Services if the Customer has multiple Customer Relationships.
5.6 Usage restrictions and changes to networks and services
In emergencies, including during:
- serious threats to life or health, environment or safety,
- where it is required for security or functionality in the network, or
- for important social reasons or for the protection of third parties,
Tail it has the right to take the necessary measures, even if it implies limited use of the Services or Products.
Tail it also has the right to take action that may lead to cancellations, interruptions or changes to the network or service(s) if deemed necessary for technical, safety or operational reasons or as a result of government decisions or other regulatory conditions.
Where the Customer’s connection to the network has been shut down, the Customer will be informed as soon as possible. Tail it is not responsible for costs, losses or disadvantages that the Customer or End User may incur as a result of such measures.
5.7 Guarantees on the Services
There may be interference with the functionality of the platform, which means that all or part of the Services are not available in periods. This may be the result of events both inside and outside Tail it’s control, including but not limited to updates or technical maintenance.
Tail it cannot guarantee that the delivery of the Services is flawless, and thus does not accept responsibility for costs, losses or disadvantages that the Customer or End User may incur as a result of such disturbances.
6.1 The customer’s responsibility for payment and liability in case of theft
The person who is registered as the customer is responsible for the payment of the Products and Services that Tail it delivers pursuant to the Agreement.
If the Customer has given someone else access to his/her telephone/terminal or other equipment, the Customer is responsible for their use.
Customers shall not pay for unauthorized people’s use of the Service if these have obtained access to the phone/terminal or equipment without the Customer’s participation, except what follows in the provisions below:
- The customer is responsible for up to NOK 1,200 for the unauthorized person’s unauthorized use before the time of notification.
- If the Customer has shown gross negligence, the consumer customer is still responsible for up to NOK 12,000 before the time of notification.
- If the Customer has forsaken or has failed to report without undue delay after loss of equipment, personal card or codes, liability is unlimited.
Tail it is responsible for use of the Service that takes place after the Customer has informed Tail it that unauthorized persons have accessed the phone/terminal unless the Customer has acted fraudulently (i.e. not reasonable).
In case of false ordering or ID theft, the name or ID of the person who has been abused is not responsible to Tail it. False ordering or ID theft means that someone on a fraudulent basis has entered into an agreement with Tail it in someone else’s name. Exemption from liability requires that
the Customer is able to document within a reasonable time that the relationship has been reported to the police. By legitimate suspicion of fraud or fraud by the Customer, Tail it will report the relationship.
6.2 Exclusion due to payment default
In case of payment default, Tail it will send notices in accordance with applicable legislation and charge the Client with late fees and late payment interest. If the Customer has not paid within the specified deadline, Tail it may terminate further use of Tail it’s Services and Products. In case of payment default, any outstanding claim may be deemed to be overdue. If the Customer has a Joint Invoice for the Delivery of Multiple Services, Products and does not pay outstanding claims, exclusion will normally cover all Customer Relationships unless the Customer notifies Tail it that missing payment relates to the delivery of a particular service.
6.3 Card Information
The handling of card details is done by our partner Svea Finans. All transactions at Svea Finans are encrypted with the highest possible security and Tail it will not have access to your card information.
At the time of purchase, your card is stored unless otherwise specified. This makes your next purchase easier, because you do not need to have the card on you when shopping. The storage is time-limited and is controlled by Svea Finans – no employees in Tail it have access to the information. The agreement is approved when you complete the purchase.
6.4 Invoice Payment
Customers with a Norwegian personal number can also choose to pay by invoices through our partner Svea Finans. The Customer agrees to Tail it sending the submitted personal data encrypted to Svea Finans for approval and that Svea Finans carries out a credit check before the payment passes. If the credit check is not approved, the purchase will not go through.
Personal data is handled in accordance with Norwegian law. Svea Finans uses personal information to conduct customer analysis, identification, credit control and marketing. The personal identification number is used as customer number on contact with customer service.
The minimum amount that can be paid to Svea Finans is NOK 500. The annual interest rate is 21%. The establishment fee is NOK 295. The establishment fee for 4 months is NOK 395.
6.5 Complaints on invoices
If you believe the invoice is incorrect, you must file a complaint with Tail it within the expiry of the payment period or, if this is not possible, within a reasonable time. As long as the complaint is being processed by Tail it, the disputed part of the invoice is not due for payment.
7. Tail it’s responsibility and limitation of liability
7.1 Missing parts or incorrect delivery of the Product
If you experience a missing parts or incorrect delivery of the Product, please contact Tail it’s customer service at [email protected] or +47 90430000 within a reasonable time after you discover missing or incorrect items. Tail it will in that case be able to offer rectification or replacement if it is found that there is a lack of delivery or lack of delivery in accordance with the law.
If you are a consumer customer, you can declare errors or defects in the delivery in accordance with what is stated in the Consumer Purchase Act. If you do not inform about a defect in the Product within 2 months after noticing the error, you will not be able to declare it.
In relation to consumer customers, Tail it is liable for direct loss due to defects in Products, or the Service. However, this does not apply if Tail it proves that the lack is due to circumstances beyond its control, and which Tail it could not reasonably be expected to have avoided or overcome the consequences of.
To corporate customers, Tail it is only responsible for direct losses due to negligence from Tail it’s side. Direct loss means any necessary and documented additional expenses incurred by the Customer as a result of the defect.
Tail it accepts no responsibility for loss or damage to third parties caused by Customer or End User Use of the Services, or Product.
Tail it is not in any way responsible for indirect loss due to deficiencies unless the loss has been caused by gross negligence or intention from Tail it’s side. This applies both to consumer customers and corporate customers. Indirect losses include loss of profits or goodwill, loss due to reduced or discontinued production or sales, loss as a result of the service not being able to be utilized as intendet, lost profits as a result of a contract with a third party not being fulfilled as well as losses due to corrupt or impaired data.
Tail it’s total liability is limited to NOK 50,000 for each case, unless the loss is due to gross negligence or misconduct from Tail it.
Tail it is not responsible for any loss that may be traced back to any circumstances or actions caused by a customer or third party, including any loss arising from the customer’s installation and use of software or the customer’s connection of its own equipment to Tail it’s network. The same applies if the customer’s use of equipment and software is not customized to Tail it’s Services or Products.
8. Right of cancellation, termination or cancellation
8.1 Cancellation rights
This item 9.1 only applies if you are a consumer.
If you buy a Product of Tail it, you can withdraw from the Agreement without stating a reason within 14 days of receipt of the item. In this case, you must inform Tail it about this.
Tail it will refund the amount on the Product when Tail it has received the Product or when you can provide proof that the Product has been returned. You are responsible for paying the direct costs associated with the return of the Product.
Tail it may require you to replace the value reduction due to your or the End User’s treatment of the Products or packaging that have not been necessary to determine the nature, characteristics and function of the goods.
You can terminate the Agreement with one month’s notice. The notice period is counted from the first day of the following month after the termination. You terminate the Agreement by sending a written email to Tail it either through our website or at [email protected]
If Tail has considerably breached the Agreement, you have the right to cancel the Agreement with immediate effect. You cancel the Agreement by sending a written email to Tail it either through our website or at [email protected]
Tail it may with immediate effect cancel the Agreement due to considerable breach by the Customer if it is not rectified within a specified period. Before Tail it cancels the agreement, Tail it, if possible, notifies the customer in writing. The notification shall state the grounds for the cancellation and set a deadline for correcting the relationship.
9. Other provisions
The customer may transfer the contractual relationship to others who satisfy Tail it’s customer requirements, unless otherwise provided by Norwegian law.
By using Tail it Products and Services, personal information will be processed from both the person who has set up the Service for use and the End User of the Product.
9.3 Duty of Confidentiality
Tail it and their employees have, pursuant to the Electronic Communications Act § 2-9, duty of confidentiality regarding information about the use of the services and the content of the communication.
Tail it may nevertheless disclose such information to the court, police, prosecutors or others who, in accordance with the law, may require it.
9.4 Submitted ideas
Tail it reserves the right to freely use incoming proposals (such as product proposals, platform development, new services, etc.) or anything communicated to Tail it, unless otherwise agreed upon by the sender and Tail it.
9.5 Change in prices and terms
Tail it has the right to make changes to Services and Subscription. For example, Tail it has the right to make the following changes:
- Update and adjust the Terms, Service or Subscription;
- Upward or downward prices;
- Stop offering the Service or Subscription, or any of these;
- Select a new provider of telephone services, thus moving existing subscription to the new provider;
- Change the Service as a result of regulatory, security or industry requirements and changes.
It may be necessary for Tail it to make changes as mentioned above where:
- Our products, including the Services and the Subscription, develop over time to offer some new products and others are no longer commercial;
- There are requirements from authorities or regulatory changes occur;
- It is necessary in line with the conditions of our new or existing suppliers;
- We will improve our customer’s user experience of the Services or Subscription.
Changes in, or termination of, a service may take effect one month after notification has been sent to the end user. Then the Customer will be offered another service. This also applies when moving to an address where the infrastructure is unable to provide the same Service or Subscription that the Customer had at the previous address. If Customer does not wish for the new service, the contractual relationship is deemed to have been terminated. In this case, the Customer will receive a refund on the total amount paid.
Tail it can also make changes in prices and terms. In such case, Tail it shall notify the Customer of any changes to be made and no later than one month before the change enters into force. Tail it, however, will not be able to change prices during the Binding Time in a Subscription.
By changing the terms of the agreement, the Customer may withdraw from the Agreement at no extra cost with effect from the date of the change.
This Agreement is governed by Norwegian law.
Disputes between the customer and Tail it must be attempted to be solved with a mutual agreement.
If that cannot be done, each of the parties can bring the dispute before the ordinary courts. According to section 4-4 of the Dispute Act, both parties may file legal proceedings against the defendant’s jurisdiction.
If the Customer is a consumer, Tail it can sue the customer where the customer has his permanent address. If it is the Customer who sues Tail it, this can either be done in Tail it’s jurisdiction (Trondheim) or where the customer has his permanent address, subject to the customer’s preference (see section 4-5, first paragraph, section 7 of the Dispute Act).
If the Customer is a corporate customer, i.e. not a consumer, a lawsuit against Tail it must be brought to Tail it’s jurisdiction (Trondheim).
Consumers and companies with a maximum of 10 full-time positions also have the opportunity to appeal to Tail it’s decision regarding invoices and lack of delivery and quality of the delivered services to the User Communications Board for Electronic Communications (Brukerklagenemnda for elektronisk kommunikasjon “BKN”). The customer cannot send a complaint to BKN before they have received a written rejection from Tail it.