Welcome, and thank you for choosing to use our software service.
This End User License Agreement (“EULA”) constitutes a legally binding agreement between you as the End User and ExorLive A/S (“ExorLive”) and governs your access to and use of ExorLive’s software platform (the “System”).
ExorLive is provided as a Software-as-a-Service solution to organisations (B2B). As an End User, you gain access to the System through an organisation that has created you in the System.
It is important that you carefully read and understand the terms and conditions of this EULA, as they govern your use of the software, including any updates and additions we may make available. By accessing, installing, copying, or otherwise using our software, you accept these terms and agree to comply with them.
If you do not accept these terms, you must not access, install, or use the software.
This EULA ensures that you understand your rights and obligations and establishes a framework for the responsible and effective use of our technological solutions.
1. Definitions
End User: Patient/citizen/client who gains access to and uses the System for personal purposes, such as personal training, rehabilitation, or other individual needs.
User: The party that makes the System available to the End User and grants the End User access to the System. “User” includes both (i) a legal entity (organisation/business) and (ii) the individual(s) acting on behalf of the legal entity within the System, including professional users/instructors.
Organizational User Account: A user account within a specific Organization Account. It is created and managed by the organisation (or its IdP) and gives the individual user access to content, data, and rights belonging to that organisation. The organisation may modify, disable, or remove an Organizational User Account in accordance with its own rules and agreements.
Epic Account: A personal ExorLive account that allows one individual – as a patient, contact, instructor, or other user – to connect multiple Organizational User Accounts from different organisations into one consolidated login, thereby providing centralised and consistent access to relevant content in the correct context – in a secure and efficient manner.
Organization Account: An ExorLive customer account representing a legal entity (for example, a clinic, municipality, or fitness chain). It owns its own data, configurations, and users and controls access to ExorLive through internal policies and/or its identity provider (IdP).
Contact without login: An End User who is only registered in ExorLive without access to the actual program. The individual receives training programmes via printout or email.
Contact with login: An End User who has been granted access to the System through an Organizational User Account with individual login credentials. The contact may access relevant content and functions in the System in accordance with the rights assigned to the associated Organizational User Account.
Content: Media elements published in the System by the User and/or the End User.
Media Elements: Any content in the System, including but not limited to text, drawings, photographs, videos, audio and visual elements, printed materials, and electronic online documentation.
ExorLive System / System: The ExorLive system, including but not limited to user interfaces, API interfaces, software, media elements, and related information, whether presented in specific or unspecified form, on websites owned by ExorLive or third parties, as well as on mobile and tablet devices.
2. Access and Rights
As an End User, you gain access to ExorLive through an Organizational User Account created by the Organization Account to which you are affiliated. The Organizational User Account provides access to functions, content, and services that the organisation chooses to make available.
Once you have been granted access through an Organizational User Account, you may choose to create an Epic Account managed by ExorLive. An Epic Account does not independently provide access to ExorLive but functions as a central identity and account solution that enables you to use ExorLive across multiple organisations if you are registered as an End User with several organisations. The Epic Account ensures that your access rights can be consolidated and managed correctly and securely without altering the respective purposes or rights of the organisations.
Access to functionality and content associated with a particular organisation requires that the End User maintains an active affiliation with that organisation. Termination of such affiliation does not affect the End User’s Epic Account, if any, but may result in termination of access to the organisation’s content and services.
Organizational User Account
The End User gains access to ExorLive through an Organizational User Account created by the Organization Account with which the End User is affiliated. This access grants the End User a non-exclusive, non-transferable, and limited licence to use ExorLive’s digital solutions within the functions the organisation has chosen to activate.
The End User may only be logged in on one device at a time and must not misuse the access or circumvent the System’s security mechanisms. Misuse may result in immediate suspension of access.
The organisation is responsible for the purposes and services provided to the End User through an Organizational User Account. ExorLive supports the technical operation and processes personal data on behalf of the organisation in accordance with applicable data protection legislation.
Epic Account
End Users wishing to connect multiple Organizational User Accounts from different organisations may create an Epic Account using Official ID (including nationality) through a national electronic identification solution or another approved identification method. An Epic Account may only be used by the End User personally.
An Epic Account makes it possible to:
- securely verify the End User’s identity
- manage and connect the End User’s existing Organizational User Accounts across multiple organisations
- provide the End User with a consolidated overview of their access rights
ExorLive is independently responsible as data controller for information processed in connection with the operation of an Epic Account. An Epic Account does not alter the organisation’s role as data controller for services accessed through an Organizational User Account.
Misuse of an Epic Account or circumvention of the System’s security mechanisms may result in immediate suspension of the Epic Account.
3. Intellectual Property Rights
ExorLive, or any third party from whom ExorLive derives its rights, owns the copyright and all other rights to the user content in the System, including HTML code, text, images, or other elements accessible to the End User through ExorLive.
As an End User, you must respect ExorLive’s rights. You are responsible for infringement of these rights in accordance with applicable law, including unauthorised distribution of protected material to third parties.
You may not breach or alter any security mechanisms, including security codes, nor may you alter or remove notices in the Licensed Material regarding ownership rights, trademarks, product information, or similar.
Unless otherwise specifically agreed, the Licence does not include the following rights or permissions:
- Sale, sublicensing, rental, leasing, distribution, posting, or any other form of distribution of any part of the System, or as part of a collection, to any third party, whether for commercial or non-commercial purposes, unless expressly stated in this agreement or enabled by the System.
- Any derivative or indirect use outside the intended purpose of the System, including but not limited to producing results from the System using third-party software and accessing the System outside normal startup routines.
- Any attempts to use, access, or copy source code or databases within the System, including but not limited to reverse engineering, reprogramming, decompilation, or disassembly of the software.
- Direct or indirect association, reference to, or connection with any other system, service, entity, or activity related to ExorLive or the System, including but not limited to media elements, trademarks, or designs, whether registered or not.
- Creation of obscene or offensive works, content, or material.
4. Rights Related to Uploading Your Own Content
The System allows you to submit content to the System, including drawings, photographs, videos, comments, and descriptions of exercises.
You retain ownership of such user content. Upon upload, the user content will by default only be available to contacts and instructors within the same organisation.
You may choose to make the user content globally available within the System. In such cases, ExorLive and other Users of the System are granted a non-exclusive, transferable licence to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such content. ExorLive remains the owner of all training programmes created by and within the System.
You are obligated to ensure that uploaded user content does not infringe any rights and that any necessary permissions for sharing user content have been obtained from third parties.
ExorLive is not liable for any loss, damage, or costs arising from the upload or use of user content, and by using the System, you agree to indemnify and hold ExorLive harmless against any claims brought by third parties to the extent such claims relate to infringement of third-party rights in the user content.
ExorLive reserves the right to remove any content without notice and without justification if it is deemed to infringe third-party rights or otherwise fails to comply with ExorLive’s policies.
5. Processing of Personal Data
ExorLive processes personal data in connection with the End User’s use of the System. Processing takes place in accordance with applicable data protection legislation. Which party acts as data controller depends on whether the End User uses an organisation-created access account (Organizational User Account) or an Epic Account.
General Data Processor and Data Controller Relationship
When the End User uses an Organizational User Account through an Organization Account, the organisation acts as the data controller for the processing of personal data. In these cases, ExorLive processes the data on behalf of the organisation as a data processor.
When the End User uses an Epic Account, ExorLive acts as the data controller for the personal data processed as part of the identity and account administration related to the End User’s Epic Account.
Data Processing When Using an Organizational User Account
When the End User accesses the System through an organisation, personal data is processed as part of the organisation’s provision of services to the End User. The organisation determines the purposes and legal basis for processing and acts as the data controller. ExorLive processes the information on behalf of the organisation and in accordance with the applicable Data Processing Agreement.
Data Processing When Using an Epic Account
For personal data processed in connection with the creation and use of an Epic Account – including identity verification through a national electronic identification solution or equivalent method, Official ID (including nationality), basic contact information, and technical account linking – ExorLive acts as the data controller.
This information is processed for the purpose of managing the End User’s central identity within ExorLive, enabling correct linking of the End User’s existing Organizational User Accounts, and ensuring a secure and valid login process. Epic Accounts do not alter the purposes or processing activities applicable to the End User’s access through an Organizational User Account.
Data Basis and Additional Information
The specific categories of personal data and purposes applicable to the organisation’s processing are described in the Data Processing Agreement entered into between ExorLive and the organisation.
The End User may find additional information regarding ExorLive’s processing of personal data in connection with an Epic Account, as well as information about their rights, in ExorLive’s Privacy Policy, available on ExorLive’s website via the following link:
6. Termination
This EULA remains in effect for as long as the End User has access to the System through an Organizational User Account and/or an Epic Account.
The End User’s access to the System automatically terminates when:
- the organisation revokes the End User’s access to the Organizational User Account,
- the End User requests deletion of their Epic Account, or
- the End User’s account is closed due to breach of this EULA.
ExorLive reserves the right to fully or partially suspend or terminate the End User’s access with immediate effect if the End User:
- misuses the System,
- breaches this EULA,
- attempts to circumvent technical or security measures, or
- uses the System in violation of applicable law.
Upon termination, the End User will no longer have access to the System or its content.
Deletion of an Epic Account does not affect the End User’s data or access within Organizational User Accounts, for which the organisation remains the data controller. ExorLive may retain necessary information to the extent required by law or necessary for security and documentation purposes.
7. Sharing of Data Between the End User and an Organisation
End Users with an Epic Account may choose to share training data, programmes, history, or other relevant information with instructors or healthcare professionals in other organisations, for example in connection with relocation or continued follow-up with a new organisation.
Sharing may only take place when the following conditions are met:
- The receiving User has activated the functionality for receiving shared data within the System.
- The End User has provided explicit and informed consent to share data with the relevant User.
- The sharing only includes specific data that the End User has actively chosen to make available.
The End User acknowledges that an Epic Account does not alter the organisations’ access rights, data controller responsibilities, or separation of data. Organisations do not gain access to each other’s data as a result of the End User using an Epic Account, and sharing of data between organisations may only occur in accordance with this EULA and the System functionalities that require the End User’s explicit consent.
The receiving organisation becomes independently responsible as data controller for the received information and processes it in accordance with applicable data protection legislation.
8. Changes to the Terms
ExorLive reserves the right to continuously modify and update this EULA.
If the End User does not accept the changes, use of the System must cease.
9. System Availability and Operation
ExorLive aims to ensure that the System is available 24/7 but provides no guarantee of uninterrupted, timely, or error-free operation.
ExorLive reserves the right, without prior notice, to carry out planned maintenance, updates, changes to functionality, and temporary shutdowns of the System whenever deemed necessary for technical, operational, or security reasons. Such measures may result in temporary unavailability without ExorLive being held liable.
ExorLive is not responsible for lack of availability or system failures caused by circumstances beyond ExorLive’s control, including but not limited to issues relating to third-party suppliers, network connections, hosting environments, or external identity and authentication solutions.
10. Disclaimer
The End User acknowledges that use of the System and participation in physical activities may involve a risk of personal injury. The End User is solely responsible for assessing their own physical capacity and for discontinuing activities that cause pain, discomfort, or health risks, and is encouraged to seek medical advice in case of uncertainty regarding health conditions.
The System is not a substitute for professional medical advice, diagnosis, treatment, or medical examination, and any health-related information made available through the System does not constitute medical advice.
ExorLive provides no guarantees regarding results, effectiveness, or safety of training programmes or activities used through the System.
11. Limitation of Liability
ExorLive shall not be liable for indirect losses, operational losses, loss of profit, loss of data, or any other indirect or consequential damages, regardless of the cause and regardless of whether ExorLive has been advised of the possibility of such losses.
Under no circumstances shall ExorLive’s total liability towards the End User exceed the total amount paid by the End User to ExorLive for use of the System during the preceding 12 months. If no payment has been made, ExorLive’s total liability shall be limited to zero.
12. Relationship Between ExorLive, the User, and the End User
ExorLive solely provides the System as a technical platform and does not provide healthcare services, medical advice, or individual training recommendations.
Content, including training programmes, instructions, and recommendations, made available to the End User through the System is created either by the organisation to which the End User is affiliated and its instructors or healthcare professionals, AI modules, or by the End User themselves through the System’s functionalities.
Where content is created by an organisation or its instructors, the organisation alone is responsible for the content, including the assessment of the End User’s health conditions and suitability for participation in activities communicated through the System.
The End User acknowledges that any claims, questions, or objections relating to the organisation’s services, including programmes, treatment, training programmes, instructions, and follow-up, must be directed to the organisation and not to ExorLive.
ExorLive is not a party to any contractual, treatment, or advisory relationship between the End User and any organisations and assumes no responsibility for actions, assessments, or recommendations made by organisations, instructors, or the End User themselves through the System.
13. Force Majeure
ExorLive shall not be liable for failure to fulfil its obligations where such failure is caused by circumstances beyond ExorLive’s reasonable control, including but not limited to natural disasters, pandemics, war, governmental actions, strikes, power outages, network failures, or failures by third-party suppliers.
14. Governing Law and Venue
This EULA is governed by Norwegian law.
Any dispute arising in connection with this EULA, including disputes regarding its existence, validity, or interpretation, shall first be attempted resolved amicably. If an amicable resolution cannot be reached, the dispute shall be settled by the ordinary courts, with Oslo District Court as the agreed venue.
15. Support and Enquiries
As a general rule, the End User should contact the organisation to which the End User is affiliated regarding access to the System, content, training programmes, programmes, instructions, and other matters related to the organisation’s services.
ExorLive may provide technical support regarding the functionality of the System, including login, technical errors, and operation, to the extent relevant and possible. ExorLive may refer the End User to the organisation if the enquiry concerns the organisation’s content, instructions, or treatment.
16. Contact Information
ExorLive AS
Hovfaret 4
0275 Oslo
Norway
Organisation no.: 985 542 597
Email: support@exorlive.com