GENERAL TERMS OF SERVICE

Chall AS
Last updated: January 2024

1. Introduction

Welcome to Chall!

These General Terms of Service (referred to as the “Terms” in this document) represent the terms of an agreement between Chall AS and all users of Chall’s digital platform for digital challenges and competitions (referred to as the “Platform” in this document).

Chall AS is a Norwegian limited liability company with registration number 927 063 352 and registered business address in Norway (referred to as “Chall” in this document).

By signing up for and using the Platform, an agreement with these Terms is entered into between you and Chall. That means that you both grant Chall and its’ partners certain rights, and you agree to adhere to the obligations implied to you as a user (referred to as “you”, “User” or “Users” in this document) set out in these Terms and other referenced documents.

By accepting these Terms, you also agree to adhere to Chall’s no-tolerance policy for objectionable content and abusive users. You can find details about what this means in section 4 of these Terms, and in our Community Policy, both of which are included in the agreement between you and Chall.

If you do not accept this, you should not use the Platform.

2. When these terms apply

These Terms govern your use of the Platform. The policies and terms referred to in section 3 below also form part of our contract and, by agreeing to these Terms, you promise to Chall that you will comply with them.

If you represent an organization user, these Terms apply for the organization you represent. However, if the organization is in violation of these Terms or any of the policies referred to in these Terms, and you have been involved with the violation, the violation shall be deemed made by both the organization and you.

3. Additional terms and policies

In addition to these Terms, you must comply with other terms and usage policies of the Platform when these are relevant for you. The various terms and policies are relevant in different situations and may not always apply to you. However, when they are relevant, they are considered part of the agreement between you and Chall, and hence you must always make sure to comply with them when relevant.

The other terms and policies that apply for usage of the Platform are:

In the event of discrepancies, these Terms shall take precedence over the other documents. In the event of discrepancies between the policies and other terms, they shall take the following precedence:

1. The Music Terms
2. The Organization Terms
3. The Privacy Policy
4. The Community Policy
5. Challenge- and contribution specific disclaimers

4. Using the Platform

4.1. access to the platform

The Platform allows you and others to create, view, interact with, and share online competitions and challenges.

It is important for us that the Platform is a safe place, so people can be who they are and have fun. To achieve this, we use a mix of technology (including through automated means), human moderation, and reports from our users to identify infringements of and enforce these Terms and our Community Policy to protect you and all our users.

We don't charge you a fee to use most of the features of the Platform. Instead, some individuals and businesses pay us to use the Platform for advertisements and employee engagements.

Information on how we use data that we collect about you can be found in our Privacy Policy.

4.2. Account details

To access the Platform, you must create an account with Chall. We may offer different types of accounts.

When you create an account, your account details will sync across the Platform, including across each Chall app. For example, when you create an account via Chall, you will be able to access any other Chall apps available in your country using that account. Your account details, content, and Platform settings (including your privacy settings), and any changes you make, will also sync across each Chall app.

When you create an account to access and use the Platform, you must provide accurate and up-to-date information about yourself (such as your date of birth). You agree to maintain and promptly update your details if they change.

It is important that you take reasonable steps to keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, please let us know straight away on support@chall.no.

4.3. Minimum age

You can only use the Platform if you are 13 years of age or older. We monitor for underage use, and we will terminate your account if we reasonably suspect that you are underage or are allowing someone underage to use your account.

4.4. What you can do on the Platform

As a user on the Platform, you can

- create and share challenges and competitions,
- participate in challenges and competitions hosted by yourself or others, and share contributions,  
- cheer for participants in challenges and competitions,
- interact with other users, and
- use the features made available to you at any given time.

The permission we give to you:

- is limited to what we have said we will allow in these Terms,
- is only for you,
- cannot be given to anyone else by you, and
- can be withdrawn for the reasons allowed in these Terms and other referenced documents.

4.5. What you can’t do on the Platform

You cannot create, post, share, link to or otherwise interact with content in breach of these Terms, including without limitation with respect to our Community Policy.

In any event, you must not use the Platform to:

- do anything illegal (this includes posting or distributing illegal content);
- do anything that violates applicable anti-money laundering, counter terrorist financing, export controls and economic sanctions laws or regulations applicable both in the country you are in and Norway;
- engage with minors in an exploitative or inappropriate way;
- undermine the Platform’s operations or security;
- engage in inauthentic commercial behaviors such as operating spam or impersonation accounts or by any other means further detailed in our Community Policy;
- submit reports, notices or complaints which are manifestly unfounded;
- extract any data or content from the Platform using any automated system or software that is not provided by Chall or approved in writing by Chall; oruse or attempt to use another user’s account without authorization.

You must also not post or otherwise distribute any content on the Platform which:

- infringes anyone else’s rights (such as intellectual property, privacy and/or personality rights of living or deceased people);
- constitutes, encourages, or provides instructions for a criminal offence, or dangerous activities that may lead to serious injury or death or self-harm;
- spreads harmful misinformation such as misinformation that incites hate;
- contains a threat of any kind or which intimidates or harasses others, including posting any material that is intended to mock, humiliate, embarrass, intimidate, or hurt an individual;
- is obscene, pornographic or which promotes sexually explicit material (e.g., by linking to adult or pornographic websites);
- is hateful or inflammatory;
- contains or promotes violence or discrimination based on race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender identity, serious disease, disability, immigration status or age; or
- otherwise contains harmful content (such as content that causes physical, mental, or moral detriment to minors).

You can report suspected illegal content or content which otherwise breaches these Terms or our Community Policy through the reporting functionalities provided on the Platform or to support@chall.no.

4.6. Music

You may add music to your content.

Music may be included in your content using the Platform features made available to you. When using this music, you confirm and agree to adhere to the Music Terms.

If you add music to your content in another way than adding the music which is made available through the Platform, you bear the full responsibility for making sure that you have the necessary rights to publish the music you use. Since Chall will not be able to check which rights you have to the music, that means that you must ensure that your rights to the music you add to your content includes a right to allow Chall and other users on the Chall platform to make copies of the music available as your content is being shared across other channels.  

Therefore, when adding music by other means than through using the features made available to you through the Platform, you agree to indemnify and hold Chall and any other third parties harmless from any claims from the owners or other right holders of such music for breach of their intellectual property rights, or other rights.

5. your content

5.1. Your own content

We don’t own your content. If you are the owner of the intellectual property rights in the content that you make available on the Platform, then nothing in these Terms changes that.

5.2. content owned by others

If you do not own the content that you make available on the Platform, you are responsible for making sure that you have the necessary permits and approvals from the ones who do own the content to make it available on the Platform. If you share something you found on the Platform, we have already obtained the necessary approvals for you, just like you do for others by adhering to these Terms.

If we are notified that you breach someone else’s intellectual property rights by posting content on the Platform, we may remove both the content and your user profile in accordance with the Community Policy.

5.3. Our rights to your content

It is important that you understand what happens to the content that you create, post or share on the Platform:

- You are responsible for the content that you make available on the Platform, and you should have all the rights needed to create, post or share content on the Platform.
- When you create, post, or share content via one Chall app, that content may be automatically posted and shared across other Chall apps. For example, when you post a video on Chall on iOS, that video will also be posted and available on Chall on Android.
- We review content proactively and reactively. To do this we deploy a combination of technology and human moderators. If you have questions about the specific means we use for this purpose, please reach out at
support@chall.no.
- We may remove or restrict access to any content, including yours, if we reasonably believe (i) it is in breach of these Terms (including any of the terms or policies referred to herein); or (ii) it causes harm to us, our users or other third parties. Our Community Policy sets out how content might be removed or restricted on the Platform.
- If we remove or restrict access to your content, we will notify you without undue delay and state the reasons for our decision, unless it is not appropriate for us to do so (for example, we are legally prevented from doing so).
- If you think we have made a mistake in removing or restricting access to your content, you can appeal by reaching out at
support@chall.no.When you post content, please make sure to adhere to the Community Policy.

5.4. chall’s license to your content

To make the content you publish on the Platform available for others, we need certain rights from you (called a license). The details of these licenses are set out below.

By creating, posting, or otherwise making content available on the Platform, you grant to Chall a:

- non-exclusive (which means that you can license your content to others),
- royalty-free (which means that we don’t pay you for this license),
- transferable (which means that we can give the rights you give us to someone else),
- sub-licensable (which means that we can license your content to others, e.g., to service providers that help us to provide the Platform or to trusted third parties that have entered into agreements with us to operate, develop and provide the Platform) and
- worldwide (which means that the license applies anywhere in the world)

License to use your content, including to reproduce (e.g., to copy), adapt or make derivative works (e.g., to translate and/or create captions), perform and communicate your content to the public (e.g., to display it), for the purposes of operating, developing, and providing the Platform.

5.5. other users’ license to your content

You also grant to each user of the Platform a non-exclusive, royalty-free, worldwide license to access and use your content, including to reproduce (e.g. to copy, share or download), adapt or make derivative works (e.g. to include your content in their content) perform and communicate that content to the public (e.g. to display it or share it on other platforms) using the features and functions of the Platform for entertainment purposes, subject to your Platform settings.

5.6. hosts license to your contributions

When participating in a challenge or contribution, you grant to the host of that challenge or competition a non-exclusive, royalty-free, worldwide license to access and use the content you make available as a contribution or participation of that challenge or competition. The license includes the right to reproduce (e.g., to copy, share or download), adapt or make derivative works (e.g., to include your content in their content) perform and communicate that content to the public for any purpose, including for commercial purposes (e.g., to display the content within and outside the Platform in connection with ads and commercials etc.), always in compliance with these terms and the Community Policy.

5.7. termination of license to your content

Your licenses to Chall and to users end when you close your account or when you or we remove your content from the Platform in accordance with these Terms. However, due to the nature of the Platform and our legal obligations, the license granted will continue after you have removed your content (including by way of terminating your account) to the extent that:

- you have allowed other users of the Platform to use or reuse your content (for example by making a contribution to a challenge or competition hosted by someone else, or by making available download or share functionalities); or
- we are obliged to store or process your content for legal reasons.

5.8. other use of your data

Chall may use your content to train algorithms and software, for recognizing patterns in text, images, videos, and content in other forms.

5.9. ideas and feedback

If you choose to submit comments, ideas, or feedback to us, you agree that we are free to use them for the purposes of operating, developing, improving and providing the Platform without compensation to you.

6. What we promise to you

We promise to provide the Platform on an “as is” basis to you. When doing so we will use reasonable skill and care and act with professional diligence for so long as we choose to offer the Platform. We will also take all reasonable steps to keep the Platform a safe and secure environment for our users. We do not promise to offer the Platform forever or in its current form for any particular period.

The content on the Platform is mostly user generated content provided by the individuals and businesses that use our Platform. In other words, Chall is not the creator of most of the content on the Platform (although Chall may produce some content). Therefore, subject to any mandatory regulations or laws (including sectorial regulations or laws) applicable to Chall, Chall cannot and does not promise that any of the content generated by users that you find on the Platform:

- is accurate, complete or up-to-date;
- does not infringe third party rights;
- is legal; or that it
- will not offend you.

You understand and agree that the content you may see on the Platform does not represent our views or values and may not be suited to your purpose.

The Platform may contain links to third party websites, advertisements, services, offers or other events or activities that are not provided, owned, or controlled by Chall. We do not endorse any such third-party websites, advertisements, services, offers, events, activities, information, materials, or products. You use them at your own risk.

7. hosting your own challenges and competitions

7.1. Your responsibility

As a host of a challenge or competition on the Platform, you have the sole responsibility for the challenge or competition you are hosting. When doing so, you must comply with the Community Policy.

Chall provides a platform for you to easily host the challenge or competition, but all management and handling needed, including disqualifying, announcing winners, providing prizes, defining rules and settings for your challenge or competition etc. must be done by you. That also means that you bear the sole responsibility for making sure that the challenge or competition is handled fairly, even if a winner may be proposed by Chall’s algorithms.

When you host a challenge or competition on the Platform, you therefore also accept to indemnify and hold Chall harmless from all claims that may be raised against Chall in relation to the challenge or competition hosted by you.

For example, and without limiting the generality of the foregoing, that means that you shall indemnify and hold Chall harmless if someone claims Chall for damages caused by your inability to fulfill your promises. That may happen if you fail to deliver prizes to winners of challenges, if you select winners in a way that may be in breach of fair business practice regulations in your jurisdiction, or a range of other situations.

7.2. Chall disclaimer

When hosting a challenge or competition, you must select a set of disclaimers / terms that apply to your challenge and competition. These terms will apply to all participants in addition to these Terms, including the policies and terms linked to herein. You may use the standard disclaimer made by Chall, which is meant to make it less risky to host your own challenge and competition compared to not having a disclaimer. However, it is important that you read the disclaimer before you use it, as it may impose extra obligations on you as a host compared to writing your own.

Even though Chall does provide a standard disclaimer for challenges and competitions, Chall does not provide legal, tax or business advice. Hence Chall shall have no extra liability whatsoever for what may or may not happen with the challenge or competition because of your usage of the standard disclaimer. Hosting the challenge and competition is solely your responsibility, also when you use the standard disclaimer.

If you use a different disclaimer, or no disclaimer at all, for your challenge or competition, Chall shall still have no responsibility for the damages that may be caused to the participants or others of the challenge or competition may suffer. Therefore, by hosting a challenge or competition on the Platform, you agree to indemnify and hold Chall harmless from and against any such claims that may be raised against Chall by you or any third parties.

8. participating in challenges and competitions

8.1. use at your own risk

The Platform exists for you to have a place to encourage and be encouraged to active participation. This is meant to be inclusive and fun for everyone.

It is important to note that you may find challenges and competitions on the Platform that are not fit for everyone. Some challenges and competitions may even be dangerous without the right skills and experience. Therefore, it is important that you always carefully consider whether participating in a challenge or competition on the Platform is the right thing for you.

If you do select to participate in a challenge or competition, you do so solely at your own risk. That means that neither Chall, nor the host of the challenge or competition, shall have any liability whatsoever for any damage caused to you for participating in a challenge or competition.

8.2. Hosts’ responsibility

Most challenges and competitions hosted on the Platform are created by other users. Chall has no responsibility for these challenges and competitions, neither with respect to how they are presented, nor with the way they are managed. That means that if you think a host does not treat you fairly, or if the host otherwise does not do what they have promised (e.g., provide you with prizes if you are announced a winner), this is the host’s responsibility, and not ours.

However, all hosts shall always adhere to the Community Policy, which sets guidelines for the hosts’ usage of the Platform. If you think the host is in breach of the Community Policy we would love to know, so we can bring it up with the host. We do have the possibility to impose consequences on the host for breach of the Community Policy, but whether we do so is entirely up to Chall.

Chall will never be responsible for fixing the hosts mistakes. For example, if a host has promised to give away a prize, but fails to do so, that is the sole responsibility of the host, and not Chall.

8.3. use of contribution content

If you participate in a challenge or competition on the Platform, the host may use your content for any purpose without limitation, and without paying you anything. The host may choose not to do so, but by participating in a challenge or competition on the Platform, you still accept to Chall that the host may do so. This is to ensure that Chall can legally offer the features made available to hosts of challenges and competitions on the Platform.

8.4. THE HOST’S ACCESS TO YOUR PERSONAL INFORMATION

When you participate in a challenge or competition on the Platform, the host may be given access to
your contact details (like e-mail address) for the purpose of contacting you in connection with the
specific challenge or competition to which you have contributed.

The host may only use your contact details for the purpose of communicating regarding the challenge
or competition. This may, for example and without limitation, be relevant if you are the winner of a
prize, or if you have been disqualified.

9. limitation of liability

If you should be entitled to damages or other form of compensation from Chall, Chall shall in no event be liable for loss of data and / or other form of information.

Chall shall solely be liable for actually incurred direct financial loss due to gross negligence or intent on its own part. Chall is under no circumstances liable for indirect or consequential losses, including operating losses, loss of profit, loss of goodwill, etc.

Chall’s total liability for your financial loss shall in any case never exceed EUR 1,000.

To the fullest extent permissible by law, no employee, hired consultant, director, officer, or other physical person working for Chall shall be held liable for damages or other financial loss incurred in relation to or as a cause of your usage of the Platform.

To the extent such persons are liable regardless of this, the limitations of liability applicable for Chall as set out herein shall apply accordingly for such persons.

Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up, or are legally always entitled to, for example, because you are a consumer.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You will always have the full protections of the laws that apply to you.

10. intellectual property rights to the platform

Chall retains all copyrights and all other intellectual property rights in all parts of the Platform, and in any results of updates and developments. This applies even if you have been actively involved in the development of such updates and upgrades.

Chall’s retention of intellectual property rights includes all rights to material (documents, process descriptions, design descriptions, drawings, figures, solution descriptions, concrete solutions, images, sound recordings, film recordings, data files, computer programs, software code and other copyrighted or otherwise intellectual property protected material) that form part of the Platform. The same applies to ideas, concepts, models, and the like that may be included in the Platform.

By using the Platform, you agree not to re-engineer, decompile, or otherwise try to reproduce the Platform or any specific features in the Platform.

Chall shall not in any way acquire rights to your trademark or other intellectual property specific to you.

11. Suspending or ending our relationship

11.1. Your rights

You may end your relationship with Chall at any time by simply closing your account and stopping your use of the Platform. This is done from your user profile.

When you close your account within one Chall app, you will lose access to your content and account across all other Chall services which are connected to that account.

Some of your content may still be available on the Platform after you delete your account pursuant to these Terms and linked policies and terms.

11.2. Chall’s rights

In the event of any suspected breach of these Terms or our Community Policy, we may investigate. While we do so, we are allowed to take down some or all your content or suspend your access to some or all the features of the Platform, acting reasonably and objectively depending on the seriousness of the suspected breach.

We, subsequently, might determine to temporarily suspend or permanently terminate your account, or impose limits on, or restrict your access to features of the Platform if:

- we determine, acting reasonably and objectively, that you are in material or repeated breach of these Terms or our Community Policy;
- we have objective grounds to reasonably believe that you are about to seriously breach these Terms or our Community Policy;
- we are legally required to do so; or
- it is reasonably required in response to dealing with a serious technical or security issue.

We record the number of times your account has violated our Terms. Repeated violations or a single severe violation may result in a permanent account ban depending on severity of your violations. The decision to remove your profile and content is ultimately made by Chall alone, acting in good faith.

If we have previously terminated your account for breaches of these Terms or Community Policy, but you use our Platform again (for example, by opening another account), we are entitled to suspend or terminate any such accounts.

We will notify you in advance to allow you time to download your data unless it is not appropriate for us to do so or we reasonably believe that continued access to your account will cause damage to us, our users or other third parties, or we are legally prevented from doing so.

If you think we have made a mistake in suspending or terminating your account, you can appeal by sending an e-mail to support@chall.no.

For the avoidance of doubt, if we suspend or terminate your account, or you delete your account, you will lose access to all Chall apps.

11.3. illegal actions

If Chall becomes aware of you using the Platform for illegal actions, Chall may report your activity to the local authorities for further investigations. Chall has the right to, and will in most cases, cooperate with local enforcement authorities if we reasonably believe that the content you post is or shows, directly or indirectly, illegal activities, or if we otherwise, acting reasonably, suspect that you are involved in illegal activities on the Platform. Chall’s cooperation with local enforcement authorities in such cases includes, but is not limited to, sharing your content and personal details.

12. Changes to these Terms or the Platform

We may make changes to these Terms or the Platform from time to time. If we do, we will consider your reasonable interests before doing so.

We will also give you reasonable advance notice, in a transparent manner, of significant changes which will impact on you and the date that they will come into force. The changes will only apply to our relationship going forward.

Where we need to make urgent changes for security, safety, legal or regulatory requirements, we may not be able to provide you with advance notice, but we will let you know as soon as we are able to.

If you do not agree to the changes to the Terms or the Platform, you will have to stop using the Platform.

13. Resolving disputes

These Terms are governed by the laws of Norway.

If we have a dispute, we will first try and resolve it with you amicably.

If we cannot resolve our dispute, disputes shall be handled by Oslo district court in Norway.  

14. Other

These Terms, and any rights and permissions granted in them, may not be transferred, or assigned by you, but may be assigned by Chall without restriction. If we do so, this will not affect any rights you may have as a consumer. And, if you are not happy, you always have the right to terminate this contract and stop using the Platform at any time.

We may reclaim your account name and might make it available to other users when you have not logged into your account for 6 months or if we reasonably believe that your account name violates our Terms and/or Community Policy (e.g., your account name violates third party trademark).

Even if we or you delay in enforcing a provision of these Terms, either of us can still enforce it later. If we or you do not insist immediately that you or we do anything the other is required to do under these Terms, or if there is a delay in taking steps against the other in respect of breaching these Terms, that will not mean that we or you do not have to do those things and it will not prevent us or you from taking steps against the other at a later date.