Terms and Conditions

Introduction

Gobi Technologies AS is a company that delivers tools for production and distribution of short-form vertical videos (“Story” or “Stories”). The production tools, including our iOS and android app in addition to our web platform (“Tools” or “Gobi Production Tools”), allow: 

  • organisations with an written agreement (“Customer”) and 
  • individuals that have accepted our terms of use for our Tools (“End users”)  

to create Stories (“Story Owner”) and invite members (“Members”) to its Story group. Once you have created a Story, you can share videos and images containing text, stickers, image thumbnails, and similar (“Content” or “User Generated Content”) and let Members post Content to your Story. Implementing our Story tools for distribution enables the Customers and End users to distribute the Story to other websites and applications.

The Gobi Production Tools is owned by Gobi Technologies AS (“Gobi”, “Gobi Technologies”, “we”, “us”), a Norwegian company located in Oslo, Norway, with organization number 915 752 381. You can contact Gobi Technologies AS by sending an e-mail to contact@gobistories.co.

The following Terms of Use regulate Gobi Technologies’ liabilities and responsibilities, Gobi Technologies’ provision of services, your use of the Services and your use of the Tools (“Services”). Services include all the ways you may interact with us: through our mobile application, websites, or any other interaction. By downloading or using any of the said Services, you consent to these Terms of Use and the Privacy Policy. By such consent you are aware that the terms of Use and the Privacy Policy constitutes a binding agreement between Gobi and our End users and Customers.

Our audience

The Gobi production Tools is intended for users that are 13 years of age or older. Users under the age of 13 are prohibited from using our Service. Users from countries governed by EU GDPR law are prohibited from using our Services if they are under the age of 16, unless explicit consent has been given from a person with parental responsibility of the user.

Ownership

Gobi Technologies owns all intellectual property and all rights in the Tools or related to the Tools. No part of the Tools, including logos and graphics, may be reproduced, copied, sold, or resold for any purpose without the prior express written consent by Gobi Technologies.

Grant of rights to use Gobi App

Subject to acceptance of and compliance with this Agreement, Gobi hereby grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use Gobi Production Tools on your personal device, solely in accordance with the terms and conditions of this Agreement. Any new features provided by Gobi that enhance the current platform shall be subject to this Agreement. 

You may not use the services, any tools provided by the services or any content on the services for any commercial purposes (e.g. distribute content outside the Gobi Production Tools) without written consent from Gobi. The services provided by Gobi are available solely for:

  • End users personal and non-commercial use and/ 
  • Customers (legal entities/companies) that have entered into a written agreement with Gobi for the purpose of obtaining a commercial license to use our Tools and Services. 

You may not allow any unauthorized third party to access Gobi. 

You may not assign or otherwise transfer its Account to any other person or third party.

You agree to comply with these terms of use and all applicable laws and regulations in connection with the use of Gobi. 

You guarantee to only access or use Gobi for lawful purposes. 

You further guarantee not to cause nuisance, annoyance or inconvenience through the use of Gobi.

User Generated content

Any Content provided by you remains your property. However, all Content that is uploaded to a Customer’s Story, may be publicly exploited and distributed by the Customer, subject to their own sole responsibility. Such exploitation may include: 

  • to license, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Generated Content in all formats and distribution channels now known or hereafter devised. 

In addition, you grant Gobi Technologies and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute such Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

You represent and warrant that:

(i) You are the sole and exclusive owner of all User Generated Content or have all the necessary rights, licenses, consents and authorizations to release such User Generated Content and to grant (if applicable to you) the Customer the license to the User Generated Content as set forth above; and

(ii) neither the User Generated Content, nor your submission, uploading, transferring, publishing or otherwise making available of such User Generated Content, nor our use of the User Generated Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property rights, proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not transfer, provide or upload Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Gobi in our sole discretion, whether or not such material may be protected by law. Gobi reserves the right to monitor or remove such user content, at our sole discretion and at any time, without notice.

Disclaimer

The App, Services, and other material available through the Tools are provided “As Is”, “at Your Own Risk” and “As Available” without any guarantee whatsoever, express or implied. We assume no responsibility for the accuracy or completeness of the Services or other material on the Gobi production Tools.

We do not warrant that the Services will meet your or any user’s requirements, or that the operation of the Services will be uninterrupted or error free, or that the Tool or the servers that make the Services available are free of viruses or errors. We make no warranty regarding the quality of any products, services, information or content obtained through the App or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the App

All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed.

Limitation of Liability

Gobi shall not be liable for indirect damages, including but not limited to, lost profit, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from Customers or end user’s use of Gobi. 

Gobi shall not be liable for damages, liability, obligations or losses arising out of your use of or reliance on Gobi or your inability to access or use Gobi. 

Gobi shall not be liable for delay or deficiency connected to the service resulting from causes beyond our reasonable control. 

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be disclaimed under applicable law.

Indemnity

Your agree to indemnify and hold Gobi and Gobi’s affiliates, directors, employees, and agents harmless from any and all claims, losses, liabilities, and expenses (including attorney fees), arising out of or in connection with: (i) the Services obtained through your use of Gobi; (ii) End user’s breach of this Agreement; (iii) A Customer’s use of content from their employees, consultants or other users/individuals with access to a Customer Story; or (iv) End user’s violation of the rights of any third party. 

Gobi shall be indemnified for any attorney fees and costs regarding claims that our Service does not meet your requirements. You are responsible to indemnify Gobi if we receive claims based on a breach of any of the clauses in the “Termination” section of these Terms of Use. Gobi shall be indemnified for all reasonable claims arising out of or in connection to our Service.

Term and Termination

This Agreement will commence once End User accept these terms of use and/or from the moment we enter into a written agreement with Customers for their use of our Tools and Services.

You can terminate the Agreement by closing and deleting your Account in The Gobi Production tools. Instruction for deleting the Account will appear in your Gobi Account. 

You may terminate this Agreement for any reason or no reason at all, at your convenience, by closing your Account for any Service for which we provide an Account closing mechanism. 

We reserve the right to ban or terminate any users from the Services for any reason, without prior notice.

We do not tolerate inappropriate or offensive usage in any way, including uploading Content that invades privacy; is non-consensual, harassing or pornographic; or depicts a minor in suggestive circumstances or situations.

You are also responsible for not violating any law in any jurisdictions where the Services may be available when using our Tools and Services.

You may not share pictures or videos of other people without their consent, and you are responsible for getting consent prior to sharing.  

We do not allow users to violate other people’s intellectual property rights and privacy rights, which includes copyright in pictures, text or videos. If you suspect that there has been an infringement of your copyright, please contact us at contact@gobistories.co.

We do not allow advertising of any kind, unless you have an agreement with Gobi Technologies. When you create an account, you confirm that you have not been previously terminated or banned from the Services.

We reserve the right to immediately remove, with no prior warning, any Content that violates our Terms of Use. User Generated Content may also be removed without prior warning where the content is of bad quality or we, in our reasonable discretion, consider it to be spam.

Notices and Updates

Gobi reserves the right to change or modify the Privacy Policy and Terms of Use at any time without prior notice. Your continued use of the Tools will constitute your acceptance of any revised Agreements. If we make significant changes to our terms of use you will be notified. We recommend that you periodically check these terms and conditions for changes. If you choose to use the Gobi Tools, then any dispute regarding your use will be subject to these Terms of Use. Unless stated otherwise, our current Privacy Policy applies to all information that we collect about you and your account, including other data and information that we collect when you interact with our Services. 

If you have any concerns about how we handle privacy at Gobi or if you have any questions regarding these Terms of Use, please contact us at contact@gobistories.co, and we will try to resolve it.

Choice of law and jurisdiction

The laws of Norway shall govern these Terms of Use and the Privacy Policy. Should you have a dispute with Gobi Technologies, you will first contact us by sending an email to contact@gobistories.co. Any disputes arising under these Terms of Use shall be sought settled amicably. Unless an amicable solution can be obtained, the dispute shall be subject to ordinary court proceedings.The legal venue shall be Oslo District court. 

Last updated: This Terms of Use was last updated on 09.06.2020