Terms of Service
Effective Date: November 14, 2025
1. Acceptance and Agreement
By accessing or using the Moicon Digital Twin Platform and its related services (the “Service”), you, the Client, agree to be bound by these Terms of Service (the “Agreement”). If you are entering into this Agreement on behalf of an entity, you represent that you have the authority to bind that entity.
2. Service Scope, License, and Restrictions
2.1. Service Grant and Use Rights
Moicon grants to you and your Authorised Users a non-transferable, non-exclusive right to access and use the Moicon Digital Twin Software (and any related materials) to perform your internal operations and business functions that the software is designed to perform, subject to the terms of this Agreement.
2.2. Right to Integrate (Client Systems)
You are expressly granted the right to integrate your own sensors, APIs, and commercial or internal systems (including ERP and proprietary applications) with the Service, and to utilize the digital twin data and API outputs solely within those systems.
2.3. Prohibited Use and Restrictions
You and your personnel must not: License, sell, rent, lease, transfer, assign, distribute, display, host, outsource, or otherwise commercially exploit the Service or make it available to any third party (except as expressly permitted in Section 2.2). Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Moicon Software or Materials. Access or use the Service in order to build a similar or competitive product or service.
3. Data Ownership and Licensing
3.1. Customer Data Ownership
As between you and Moicon, all data, content, and information (including sensor logs, API data, and digital twin geometry) that is stored using, or inputted into, the Services (“Customer Data”) is and shall remain your exclusive property.
3.2. Moicon’s Limited Operational License
You grant to Moicon a worldwide, non-exclusive, fully paid-up, transferable, irrevocable license to use, store, copy, distribute, and process the Customer Data solely as necessary to provide, maintain, and support the Service on your behalf and to fulfil its obligations under this Agreement.
3.3. Anonymized Data Rights
You agree that Moicon retains the right to use, reproduce, modify, and analyze anonymized and aggregated data derived from the Customer Data for the sole purposes of improving the Service, developing new features, and conducting industry trend analysis. This data will be de-identified such that it cannot be reasonably linked back to you or your physical assets.
4. Security and Data Protection
Moicon commits to maintaining data security in accordance with its Privacy Policy (as published on its website) and applicable law, including the GDPR. Data Storage: Customer Data is protected using measures such as AES 256-bit encryption at rest and HTTPS/TLS encryption in transit.
Data Retention: Uploaded files and logs are subject to a 30-day automatic deletion period (or as otherwise specified by the Privacy Policy). Compliance: Moicon will only disclose data to necessary processors and sub-processors as required to render the Service, and will not sell Customer Data to any third party.
5. Disclaimer of Warranty and Limitation of Liability
5.1. Disclaimer of Warranty (The Service is a Model)
The Service and the digital twin outputs are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind. MOICON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, including, but not limited to, warranties of compliance, accuracy, timeliness, completeness, reliability, security, or fitness for a specific purpose. Moicon makes no warranty that the Service will be uninterrupted, error-free, or that the digital twin’s output will accurately reflect real-world conditions or be suitable for any decision-making process. Use of the Service is at your sole risk.
5.2. High-Risk Use Warning
The Client explicitly represents and accepts that the Moicon Software Services are NOT INTENDED FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ANY BREAKDOWN, DELAY, ERROR, OR INACCURACY MIGHT CAUSE DEATH, INJURY, OR SERIOUS DAMAGE.
5.3. Limitation of Liability
To the fullest extent permitted by law, Moicon shall not be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage, including, but not limited to, loss of business profits, lost benefits, business interruption, or loss of data, whether direct or indirect, even if Moicon has been advised of the potential for loss. The total liability of Moicon, its personnel, or representatives arising out of or in connection with this Agreement shall be limited to the Fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
6. General Provisions
6.1. Governing Law and Jurisdiction
This Agreement is governed by, and must be interpreted in accordance with, the laws of Norway. Each party submits to the non-exclusive jurisdiction of the Courts of Norway in relation to any dispute connected with this Agreement.
6.2. Technical Support
During the Service Term, you are entitled to access online user guides and self-help tools. Moicon reserves the right to modify the terms and conditions for additional Technical Support at any time.
6.3. Confidentiality
All non-public information, including the terms of this Agreement, the Moicon Software, and the Customer Data, shall be treated as Confidential Information and maintained in confidence for a period of ten (10) years from the date of disclosure.