Terms of use for Ponder

Disputas AS │ Last updated: 30.08.2021

These are Disputas’ (“we”, “us” or “the company”) terms of use for the web-based application Ponder (disputas.no, hereafter “the Service” or “the Program”). By using the Service, you accept these terms, and enter into a binding agreement with us.

In order to use the Service, you have to agree to the terms of use as a whole. The terms of use are in effect as long as you make use of the Service on the webpage. We expect you to read through all the sections of the terms of use before you decide whether to use the Service. Should you have any questions regarding the company, our terms of use or our privacy policy, we can be contacted via email to post@disputas.no.

1 About the service

Ponder is a web-based application which helps students understand the line of reasoning in a text by interpreting, modelling and evaluating content using functions inspired by innovative language technology. The Service makes analytical methods, visual instruments and language technology tools available, simplifying and assuring quality in the reading and writing process for students.

2 Purpose of the Terms

These terms of use are meant to express our expectations of your usage of the Service, and shall give you important information about how the Service functions. The terms of use shall ensure predictability concerning your rights and obligations when using the Service, and shall make it easy for you to get answers for practical or legal questions.

3 General conditions

3.1 Ownership of Ponder

The Ponder application and the Service are protected by applicable intellectual property law and related legislation, including laws concerning protection of trademark and copyright. The Ponder program and the Service, including any associated intellectual property, belong to Disputas. This agreement shall not be interpreted as the company giving you the right to dispose of the intellectual property as your own. Your rights as a user are limited to usage of the website and the Service as it is made available to you, as long as the use takes place within the framework of these terms of use and Norwegian law. You do not have the right to modify, copy, reproduce, transfer or redistribute the Program or the Service unless this is expressly agreed upon.

The terms of use apply to the Service, the website and the application as they are at all times. We will regularly update the Service and the website, and modify its functions to make the Service as good as possible. We are not responsible for any damage or loss stemming from changes we make to the Service, the website or the application.

3.2 User accounts

The Service can both be used with or without an associated user account. If you have a user account on the website, you can save analyzes and share them with other users. By creating a user account, collected personal information is connected to the user account. If a user account is deleted, all associated personal information is deleted in accordance with our privacy policy, see section 5.

We reserve the right to change or delete user accounts with offensive usernames, or which for other reasons represent a threat or danger to the company, the user, or others, with reasonable notice. We also delete user accounts on request of the user.

3.3 Paid services

Ponder will offer the purchase of digital services on the website in the future. When that happens, we will change our terms of use so that you may become aware of your rights and obligations should you make a purchase with us. We are responsible for informing you of such changes to the terms of use.

3.4 Disclaimer

Disputas and our subcontractors do not guarantee the suitability, reliability, availability, security or accuracy of the Service. All information, software, products, tools and services are provided “as is” without any guarantees.

Disputas and our subcontractors shall under no circumstances be held responsible for losses or damages in any form which may occur in connection with the use of the Service and our applications, as far as is possible within applicable legislation.

3.5 Compensation

You agree to replace, defend and keep Disputas indemnified against and from any foreseeable claims, losses, expenses or damages stemming from your own use, misuse or inability to use our Service.

4 Conditions regarding User generated content

4.1 General

The Service lets users create their own content (“User generated content”) on the website. The user can choose to share the content with other users on the website. The content which can be created and shared using the Service includes, but is not limited to, texts, illustrations and argument maps.

When you create and share User generated content, you commit to not

  • upload intellectual property in violation of the copyright of third parties,
  • provide your own or others’ personal information, including personal contact information,
  • provide your own or others’ private user information such as passwords,
  • harm the Service or the website’s functions,
  • cause damage or loss for Disputas or other users,
  • use the Service to spread threatening, offensive or discriminatory messages about identifiable persons or groups. We do not tolerate unreasonable content at the expense of others regarding their ethnicity, skin colour, culture, language, gender, gender identity, sexual orientation, religion, outlook on life or disability.

We reserve the right to remove content in the Service or on the website that is against the guidelines above or Norwegian law without prior notice. The same applies to attempted violations. We also reserve the right to exclude users who are behind such content, should the user repeatedly or seriously violate these guidelines.

The company is not responsible for damage or loss occurring in connection with the use or sharing of User generated content. If the user causes a loss for Disputas by acting in violation of the guidelines for User generated content, this act shall be considered as a basis for liability for a possible claim from Disputas.

We reserve the right to keep User generated content in the Service indefinitely. This applies even if the user account behind the content has been deleted. We remove User generated content from the Service if the user behind the content requests it, but we keep any language models that are built using the content.

4.2 Copyright to User generated content

You keep the copyright to your intellectual property that is uploaded to the website by using the Service. The copyright includes texts and illustrations that are the result of your individual and creative effort, see the Copyright Act section 2.

When you upload, share or process your intellectual property in the program, Disputas and other users of the program are given a limited right to use this intellectual property. By uploading a text in the program, the company is given an indefinite and irrevocable license to read, use, copy, process, share and sell all or parts of the intellectual property. As long as the website’s functions allow for it, other users of the Service are given a right to read, use, copy, process and share User generated content that you upload publically on the website. In return, we give you a free right to use the Service.

By accepting these terms, you waive the right to be named as author in accordance with the Copyright Act section 5.

4.3 Copyright to compiled Interaction data and AI-models

The website registers interaction with the Service as structured data (“Interaction data”), which we also collect. Interaction data are anonymous, aggregated data that for instance may contain information on how a user finds the lines of reasoning in a text.

Interaction data is used by us in order to train language models which can be used in innovative language technologies. This Interaction data is processed and compiled by us in a way that new intellectual property arises that is protected by the Copyright Act, meaning we have the full rights to Interaction data, language models and any other intellectual property that arises in this way. This means that we have the right to keep this data indefinitely, regardless of whether your user account is deleted.

4.4 Third parties’ copyright to intellectual property

Intellectual property of which you are not the author or copyright holder can also be uploaded to the service. However, you can not upload the intellectual property of others if you infringe on the rights of a third party as an author by performing the upload. By accepting these terms, you guarantee that you have the necessary legal rights to any works uploaded in the Service. We reserve the right to remove any illegally uploaded works from the Service. The company is not responsible for losses or damages arising from the user’s use of the Program which violates the intellectual property rights of third parties.

If you suspect that someone is violating your rights as an author or copyright holder, you can contact us via email to post@disputas.no. We will investigate any claims of infringement of the terms of use or Norwegian law, and intervene if we find a breach.

5 Privacy and storage of data

We process personal data in accordance with the EU Privacy Regulation (GDPR) as it is implemented in Norwegian law, see the Personal Data Act sections 2 and 4. Information about how we process your personal data and your rights in this relation, including your rights to rectification, erasure, restriction of processing, notification or portability in accordance with GDPR articles 16 to 20, can be found in our privacy policy.

Interaction data as mentioned in section 4.3 are anonymized data, and are therefore not regulated by the GDPR. If Interaction data are connected to your personal data, they are no longer anonymized. Interaction data are saved in a database which is separated from where we store your personal information. By using the Service, and thereby accepting our terms of use, you accept that the company has exclusive rights to dispose of the Interaction data and that we reserve the right to refuse deleting such anonymous Interaction data.

Below is a list of the Interaction data and personal data we collect and process:

  1. Text content (analysis text)
    1. Text content the user enters in a text field.
    2. Uploaded articles, blog posts and other textual content written by others and published in external channels.
    3. Textual content in comments that are made by the user in the analysis text, including rewriting of annotated textual content made by the user.
    4. Classification of textual content into informal logical categories, including premises and conclusions.
    5. Rewriting of the content in the analysis text into informal logical categories, and partly new and new textual content organized in such categories.
  2. User generated evaluation
    1. Data regarding evaluations of claims and arguments made by users. The evaluations will be made using a quantitative rating scale where the user can express how likely it is that certain statements are true or false, and how strong they think the arguments are.
  3. Personal data connected to annotated data
    1. Data regarding demographics, age, career and grades as supplied by educators, and other personal information about the users within applicable rules and regulations.

6 Cookies

To collect information about the use of the Service, we use cookies. We consider this as necessary in order to give a good user experience, and to effectively adapt the Service and the website to our users. Certain cookies are necessary for the Service to function. To the extent the cookies collect personal data, we safeguard your privacy through internal routines meeting the requirements of the GDPR.

Personal data obtained via cookies are shared with third parties for statistical and research-related purposes. Before we share any personal data obtained via cookies with third parties, we make a thorough assessment of the third party’s routines and security in connection with your privacy. We only share data with third parties that can guarantee and document compliance with the GDPR. You can read more about cookies and which cookies we use in our privacy policy and our cookie policy.

7 Other conditions

7.1 Changes to the Terms

We reserve the right to change our terms of use where we find it necessary with respect to the effective operation of the Service and the website. The same applies if changes in technology, legislation, the company’s structure or industry practices make it necessary with a revision of the terms.

We will give you notice within a reasonable time before we make any changes of significance to your use of the Service, but you are responsible for keeping track of the changes before you keep using the Service. We notify you about changes on our website. If we consider the change to be of greater importance, or if the change touches on your central rights and obligations after these terms of use, we will also notify you by email to the email address you have provided for us. We will not notify you by email about changes that are of smaller importance for your use of the Service. If the changes cause you any problems, you can contact us via email to post@disputas.no.

In order to continue using our Service after a change, you have to accept the changes in these terms of use. Such acceptance is considered granted if you continue to use the Service and the website after having received notification as described in the previous paragraph.

7.2 Reservation regarding invalidity

If a condition in this agreement is declared invalid or unenforceable, only that condition will lapse. The terms of use will continue to be legally binding as long as the remaining conditions fit.

7.3 Choise of law

This agreement is governed solely by Norwegian law. Other countries' regulations are without relevance for this agreement. International conventions only apply as long as this is prescribed by Norwegian law.

7.4 Territorial jurisdiction (venue)

If a dispute arises between Disputas and the user in connection with the use of the website or the Service, or in connection with the processing of the user’s data, the parties shall try to resolve the dispute by coming to an agreement. If no agreement is reached, a possible lawsuit must be filed at our venue in Oslo District Court, see the Disputes Act section 4-6 first paragraph. The rules regarding venues in the Disputes Act section 4-3 to 4-5 do not apply.

By agreeing to these terms, the Norwegian courts’ competency is extended to apply to cases where a lawsuit could have been raised in a foreign or international conflict resolution body, see the Disputes Act section 4-6 second paragraph. Foreign or international conflict resolution bodies cannot be used without consent from Disputas.