Terms of Service for Provio

1. Who the service is for

Provio is developed primarily for professional users, including tradespeople, service businesses, contractors, plumbers, electricians, HVAC installers and other businesses that document work carried out.

If you use Provio on behalf of a business, you confirm that you have the necessary authority to accept the terms on behalf of that business.

If you use Provio as a consumer, mandatory rights under the consumer legislation of the country where you have your habitual residence take precedence over any conflicting provisions in these terms.

2. Account and access

You are responsible for ensuring that the information you provide at registration is accurate and up to date.

You are responsible for protecting login credentials, access codes and devices used for Provio. The account may not be shared with others without written permission from Provio.

You must notify us without undue delay if you suspect unauthorised access to the account.

3. Licence and permitted use

As long as you comply with these terms and have valid access to the service, you are granted a limited, personal, non-exclusive and non-transferable right to use Provio.

You may not:

• copy, modify or distribute the service without written permission
• attempt to extract, decompile or reverse engineer software or source code
• use the service in a manner that is unlawful, harmful or in breach of the rights of others
• attempt to circumvent technical limitations, access controls or payment limits
• use Provio to store or share content you are not entitled to process
• use Provio to produce, alter or share incorrect or misleading documentation

4. Customer content and responsibility

You retain ownership of photos, videos, audio recordings, reports, descriptions, company logos and other content you enter into Provio ("Customer Content").

You grant Provio a limited right to store, process, transmit and display Customer Content where this is necessary in order to deliver, secure, operate and improve the service.

You are responsible for ensuring that Customer Content:

• is accurate and lawful
• does not infringe the rights of others
• does not contain information you lack a basis for processing
• is not shared with persons who lack the necessary access
• is checked before it is used as documentation, as a basis for decisions, or sent to a customer

You must not use Provio to create, alter, confirm or share reports, photos, descriptions, signatures or other content that is incorrect, misleading, manipulated or incomplete in a manner that may give a false impression of the scope, execution, timing, quality, outcome or responsibility of the work.

This includes, among other things, using photos from other projects, incorrect timing, incorrect address, fictitious descriptions, false signatures or deliberately omitting material deviations and circumstances.

You are at all times responsible for checking that reports and documentation are correct before they are approved, shared or used vis-à-vis a customer, insurance company, public authority or other third party.

You must not upload special categories of personal data, such as health data, data concerning criminal offences or other sensitive data, unless this is necessary, lawful and specifically agreed with Provio.

5. Reports, transcription and automated features

Provio may offer features that make it easier to create reports from photos, notes, speech or other documentation.

Automatic transcription, text suggestions, summaries and draft reports may contain errors, omissions or misunderstandings. You are at all times responsible for checking and approving the content before the report is shared, used as documentation or sent to a customer.

Provio does not replace professional judgement, quality assurance, official approval, inspection responsibility, FDV documentation, contractual requirements or statutory documentation.

6. Free use, subscription and payment

Provio may offer free use with limited functionality, for example a limited number of reports, projects, users or storage capacity.

Paid subscriptions and features may be available on a monthly or annual basis. Price, period, included features and any automatic renewal are shown before the purchase is completed.

Purchases in the iOS app are processed by Apple through the App Store.

Subscriptions renew automatically unless they are cancelled in accordance with the settings in the Apple App Store. You are responsible for cancelling the subscription before the next renewal if you do not want further payment.

Refunds and reimbursement are handled in accordance with Apple's rules and mandatory Norwegian law.

7. Personal data and data processing

Provio's processing of personal data concerning account, payment, support and use of the service is described in our privacy policy.

When a business uses Provio to store or process personal data about its own customers, employees or partners, the business will normally be the data controller and Provio the data processor.

The business is itself responsible for having the necessary legal basis for processing, providing the required information to data subjects and ensuring that personal data is processed lawfully.

Where necessary, the processing may also be governed by a separate data processing agreement between the business and Alfa Edge AS.

8. Storage, export and deletion

Customer Content is stored for as long as the account or subscription is active, unless otherwise follows from agreement, a selected retention period or statutory requirements.

Upon termination or closure of the account, the customer will normally be given access to export their own Customer Content for up to 90 days.

After this period, Customer Content may be deleted or anonymised, with the exception of data that must be retained for legal, security-related or technical reasons.

Deletion from active systems does not necessarily entail immediate deletion from backups. Backups are deleted or overwritten in accordance with Provio's ordinary routines.

9. Availability and changes to the service

We work to ensure that Provio is available and operates stably, but cannot guarantee uninterrupted or error-free operation.

We may update, change, improve or remove features where this is necessary for technical, security-related, legal or business reasons.

In the event of material changes that adversely affect paying users, we will give notice within reasonable time where practically possible.

10. Support

Support is offered via:

Email: hei@provio.tech

We endeavour to respond within reasonable time, but do not guarantee any particular response time unless this follows from a separate agreement.

11. Intellectual property rights

All rights to Provio, including software, design, trademarks, logo, documentation, structure, functionality and content developed by Provio, belong to Alfa Edge AS or our licensors.

You acquire no ownership rights to Provio beyond the limited right of use that follows from these terms.

12. Limitation of liability

Provio is provided as the service is available from time to time.

We are not liable for indirect losses, consequential damages, lost profits, loss of reputation, loss of data, operational interruption, lost business opportunities or claims from third parties.

Nor is Provio liable for errors or deficiencies in reports, photos, transcription, descriptions or other Customer Content that has been entered, approved or shared by the user.

For professional customers, Provio's aggregate liability is limited to the amount the customer has actually paid for Provio during the last 12 months before the claim arose.

The limitations of liability do not apply where liability cannot be limited under mandatory legislation, or in the event of intent or gross negligence on the part of Provio.

13. Suspension and termination

We may restrict or block access to Provio if:

• you breach these terms
• use of the service entails a security risk
• there is suspicion of misuse, false or misleading documentation
• there is suspicion of other unlawful activity
• payment is not completed
• we are required to do so by law or by order of a public authority

You may terminate the account or subscription at any time in accordance with the applicable payment and account settings.

Provisions concerning payment, intellectual property rights, privacy, liability and governing law also apply after the account or subscription has been terminated.

14. Apple App Store terms

If Provio is downloaded through the Apple App Store, the following applies in addition:

Apple is not a party to the agreement between you and Provio and has no responsibility for the app, its content, support, maintenance or the handling of claims relating to Provio.

You and Provio acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Use of Provio must take place in accordance with Apple's App Store terms and rules as they apply from time to time.

15. Changes to the terms

We may update these terms as needed.

In the event of material changes, you will be informed through the app, by email or by other suitable means. Continued use of Provio after amended terms have taken effect means that you accept the updated terms.

16. Governing law and disputes

These terms are governed by Norwegian law.

Disputes between Provio and professional customers shall be sought resolved through dialogue. If the parties do not reach agreement, the matter may be brought before Oslo District Court as the agreed legal venue.

Consumers may use the rights and dispute resolution schemes that follow from the mandatory law of the country where they have their habitual residence, and may bring proceedings there.

17. Contact information

Alfa Edge AS
Company reg. no.: 928 634 671
Email: hei@provio.tech
Website: https://provio.tech