Terms of Service

1. Provider and application of these Terms

DealMotion is a business software service operated by Webman AS, organisation number 925 655 864, Russervegen 7, 7652 Verdal, Norway.

These Terms of Service ("Terms") apply to business customers that subscribe to DealMotion and to individuals authorised by those customers to use the service.

DealMotion is intended for business use. By creating an account, accepting an order form or using the service, you confirm that you act for business purposes and have authority to bind the relevant organisation.

"Customer" means the legal entity that has purchased or activated DealMotion. "Authorised User" means an individual permitted by the Customer to use the service. "DealMotion", "we", "us" and "our" refer to Webman AS and the DealMotion service.

2. Agreement structure

The agreement between DealMotion and the Customer may include:

1. an order form, proposal or subscription confirmation;
2. these Terms;
3. a data processing agreement;
4. any service-specific terms; and
5. documentation or policies expressly incorporated into the agreement.

If there is a conflict, a signed order form or individually negotiated agreement takes precedence, followed by the data processing agreement for matters concerning personal data, then these Terms.

3. The service

DealMotion provides cloud-based business software that may include CRM, sales, proposals, orders, service, tickets, communications, workforce, time tracking, HR, products, warehouse, assets, reporting, integrations, AI-enabled features and other modules.

Available functionality depends on the Customer's subscription, configuration, country and enabled integrations. We may add, change or discontinue features as the service develops, provided we do not materially reduce the core paid functionality during a current subscription period without reasonable notice.

4. Accounts and authorised users

The Customer is responsible for:

• ensuring that account information is accurate;
• assigning appropriate roles and permissions;
• keeping login credentials confidential;
• preventing unauthorised access;
• promptly removing access when an Authorised User no longer requires it;
• ensuring that Authorised Users comply with the agreement; and
• notifying DealMotion promptly of suspected account compromise or misuse.

Accounts may not be shared between individuals unless expressly permitted by the subscription.

5. Customer responsibilities

The Customer is responsible for its use of DealMotion and for all data, instructions, configurations and actions submitted through its account.

The Customer must:

• have all necessary rights and lawful bases to process Customer Content;
• provide required privacy notices and obtain required consents;
• comply with employment, marketing, communications, accounting, consumer, data protection and other laws applicable to its activities;
• ensure that messages, leads and marketing activities are lawful;
• configure retention, access and permissions appropriately;
• review the accuracy of information and outputs before acting on them; and
• maintain its own operational controls, approvals and backups where reasonably necessary for its business.

DealMotion does not become responsible for the Customer's legal obligations merely because the Customer uses the service to perform a business process.

6. Customer Content

"Customer Content" means data, documents, messages, records, files and other information submitted to or generated in the Customer's DealMotion account.

As between the parties, the Customer retains its rights in Customer Content.

The Customer grants DealMotion a limited, non-exclusive right to host, copy, transmit, display, transform and otherwise process Customer Content only as necessary to:

• provide and secure the service;
• perform the agreement;
• provide support;
• prevent abuse;
• comply with law; and
• perform other documented instructions from the Customer.

The Customer warrants that Customer Content and its use of the service do not infringe the rights of others or violate applicable law.

7. Data protection

Each party must comply with applicable data protection law.

For personal data that DealMotion processes on behalf of the Customer, the Customer acts as controller and DealMotion acts as processor unless otherwise stated. Such processing is governed by the applicable data processing agreement.

DealMotion acts as controller for personal data required to administer accounts, billing, security, support, service improvement and its own lawful business operations, as further described in the DealMotion Privacy Policy.

8. Third-party services and integrations

DealMotion may allow the Customer to connect services operated by third parties, including Meta, Facebook, Instagram, Microsoft, Google, accounting systems, payment providers and other platforms.

By enabling an integration, the Customer instructs DealMotion to exchange and process data with the selected third-party service in accordance with the permissions granted.

The Customer is responsible for:

• having valid accounts and permissions for the third-party service;
• complying with that provider's terms and policies;
• ensuring that the connection and imported data are lawful;
• selecting appropriate permissions; and
• disconnecting integrations that are no longer required.

Third-party services are outside DealMotion's control. Their availability, APIs, terms, permissions and functionality may change. DealMotion is not liable for interruption, loss or change caused by a third-party service, but we will take reasonable steps to maintain supported integrations.

9. Meta, Facebook and Instagram features

Where the Customer connects Meta products, the Customer authorises DealMotion to process the Meta Platform Data necessary to provide the selected features.

The Customer must:

• comply with Meta's applicable terms and developer policies;
• have authority to connect the relevant Pages, Instagram accounts, advertising accounts and other business assets;
• use imported leads and messages only for lawful business purposes;
• honour applicable privacy, deletion and communication rights; and
• not use DealMotion to circumvent Meta restrictions or misuse Meta Platform Data.

DealMotion may suspend or disconnect a Meta integration where required by Meta, law, security concerns, expired permissions or changes to Meta's platform.

Instructions for requesting deletion of Meta Platform Data are set out in the DealMotion Privacy Policy.

DealMotion is an independent service and is not endorsed by or affiliated with Meta unless expressly stated otherwise.

10. AI-enabled features

DealMotion may provide AI-assisted drafting, summarisation, classification, analysis, automation or recommendations.

AI outputs:

• may be incomplete, inaccurate or unsuitable for a particular purpose;
• do not constitute legal, financial, medical, accounting or other professional advice;
• must be reviewed by an authorised person before use;
• must not be relied on as the sole basis for decisions that produce legal or similarly significant effects on individuals; and
• remain subject to the Customer's own approvals and controls.

The Customer is responsible for the instructions and data submitted to AI features and for the decisions made using the output.

Unless expressly enabled and authorised, AI recommendations concerning advertising or other external systems do not themselves make changes or spend funds in those systems.

11. Acceptable use

The Customer and Authorised Users must not:

• use DealMotion unlawfully, fraudulently or deceptively;
• infringe intellectual property, privacy or other rights;
• upload malware or harmful code;
• attempt to bypass security, access controls or usage limits;
• access another customer's data without authority;
• probe, scan or test the service for vulnerabilities without written permission;
• reverse engineer the service except where such restriction is prohibited by law;
• use the service to send unlawful spam or abusive communications;
• use the service to discriminate unlawfully or cause harm;
• resell or provide access to the service except under an authorised partner agreement; or
• use DealMotion or connected platform data in breach of a third party's terms.

We may investigate suspected misuse and suspend access where reasonably necessary to protect the service, other customers, third parties or comply with law.

12. Subscriptions, fees and taxes

Subscription fees, modules, user counts, usage limits, billing periods and payment terms are stated in the applicable order form or subscription page.

Unless otherwise agreed:

• fees are invoiced in advance;
• fees are non-cancellable and non-refundable for the committed subscription period;
• usage above included limits may be charged separately;
• prices exclude VAT and other applicable taxes; and
• the Customer must pay invoices by the stated due date.

We may change prices for a renewal period by giving reasonable advance notice.

Late payment may result in interest, collection costs, suspension or termination to the extent permitted by law.

13. Trial and beta services

Trial, preview, early-access and beta features may be incomplete, changed or withdrawn at any time and may be subject to additional limitations.

Unless otherwise agreed, beta features are provided without service commitments and should not be used as the sole system for business-critical processes.

Feedback provided about beta or other features may be used by DealMotion to improve the service without restriction, provided we do not disclose the Customer's confidential information.

14. Intellectual property

DealMotion and its licensors retain all rights in:

• the service and software;
• design, interfaces and workflows;
• documentation;
• trademarks and branding;
• system-generated templates; and
• improvements, updates and derivative technology.

No rights are granted except the limited right to use the service during the subscription period in accordance with the agreement.

The Customer may not remove proprietary notices or use DealMotion's name or trademarks without permission.

15. Confidentiality

Each party may receive confidential information from the other.

The receiving party must:

• use confidential information only for the agreement;
• protect it with reasonable care;
• disclose it only to persons who need it and are bound by confidentiality obligations; and
• not disclose it to third parties except as permitted by the agreement or required by law.

Confidential information does not include information that is public without breach, already lawfully known, independently developed or lawfully received from another source.

16. Security

DealMotion maintains technical and organisational measures designed to protect the confidentiality, integrity and availability of the service and Customer Content.

The Customer remains responsible for appropriate account configuration, user access, endpoint security and internal procedures.

If either party becomes aware of a security incident affecting the other party's data, it must act promptly and cooperate as required by the agreement and applicable law.

17. Availability, support and maintenance

We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation.

DealMotion may perform planned or emergency maintenance. Where practical, we will provide advance notice of maintenance expected to cause material interruption.

Support scope, response times and service levels apply only where stated in the Customer's plan, order form or separate service level agreement.

18. Suspension

We may suspend all or part of the service where reasonably necessary because of:

• non-payment;
• security risk;
• unlawful use;
• material breach of the agreement;
• risk to other customers or the service;
• a requirement from a connected platform or authority; or
• circumstances where continued access could cause material harm.

Where appropriate, we will give notice and an opportunity to remedy the issue.

19. Term and termination

The agreement starts when the Customer accepts an order form, creates a paid subscription or otherwise agrees to these Terms.

The subscription continues for the agreed period and renews as stated in the order form or subscription settings.

Either party may terminate the agreement for material breach if the breach is not remedied within a reasonable period after written notice. A party may terminate immediately for insolvency, unlawful use or a serious security or confidentiality breach where continued performance is unreasonable.

On termination:

• the Customer's right to use the service ends;
• unpaid fees become due;
• integrations may be disconnected;
• the Customer may request export of Customer Content during any agreed retrieval period; and
• DealMotion may delete Customer Content in accordance with the agreement, Privacy Policy and data processing agreement.

The Customer should export required business records before the end of the retrieval period.

20. Warranties and disclaimers

DealMotion will provide the service with reasonable skill and care.

Except as expressly stated in the agreement and to the maximum extent permitted by law, the service, integrations, beta features and AI outputs are provided "as is" and "as available".

We do not warrant that:

• the service will always be uninterrupted or error-free;
• every feature will meet every Customer requirement;
• third-party services will remain available;
• imported data will always be complete; or
• AI outputs or recommendations will be accurate or produce a particular result.

Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.

21. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or loss arising from business interruption.

DealMotion's total aggregate liability arising out of or relating to the agreement is limited to the fees paid or payable by the Customer for the affected service during the twelve months preceding the event giving rise to the claim.

The limitations do not apply to:

• fraud or wilful misconduct;
• gross negligence where liability cannot lawfully be limited;
• breach of confidentiality;
• infringement of the other party's intellectual property rights;
• payment obligations; or
• liability that cannot be limited under applicable law.

22. Indemnity

The Customer will indemnify DealMotion against third-party claims, losses and reasonable costs arising from:

• unlawful Customer Content;
• the Customer's infringement of third-party rights;
• unlawful marketing, messaging or processing activities;
• misuse of a connected third-party service; or
• a material breach of the Customer's obligations under these Terms.

This obligation applies only to the extent the claim was caused by the Customer or its Authorised Users.

23. Changes to these Terms

We may update these Terms to reflect changes to the service, law, security requirements or third-party platform obligations.

Material changes will take effect after reasonable notice, except changes required immediately by law, security or a third-party platform may take effect sooner.

Continued use after the effective date constitutes acceptance where permitted by law. If a material change substantially disadvantages the Customer during a committed subscription period, the Customer may contact us to discuss appropriate options.

24. Notices

Operational notices may be sent in the service or to the Customer's registered email address.

Legal notices to DealMotion must be sent to legal@dealmotion.app and should identify the Customer, account and subject matter.

25. Assignment

The Customer may not assign the agreement without DealMotion's prior written consent, except as part of a genuine merger or sale of substantially all of its business, provided the assignee is not a competitor and can meet the agreement obligations.

DealMotion may assign the agreement to an affiliate or successor in connection with a restructuring, financing, merger or sale of the business.

26. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including widespread internet or cloud outages, war, labour disputes, natural disasters, governmental action, cyberattacks not caused by the party's failure to use reasonable security, or failures of critical third-party infrastructure.

27. Governing law and disputes

The agreement is governed by Norwegian law.

The parties will first attempt to resolve disputes through good-faith negotiations. If the dispute is not resolved, it will be submitted to the competent courts of Norway, with venue at the court serving the location of DealMotion's registered office unless mandatory law requires otherwise.

28. Contact

Webman AS / DealMotion, Russervegen 7, 7652 Verdal, Norway. Organisation number 925 655 864.

Legal: legal@dealmotion.app

Privacy: privacy@dealmotion.app