Dune Analytics AS (organisation number 921 400 349) (“Provider”)
and The Subscriber
The following terms and conditions apply to the use of Dune Analytics Pro (Referred to in this agreement as the “Service”), as described in section 1. Upon acceptance of these terms and conditions, a legally binding agreement (“Agreement”) is entered into between the Provider and the entity ordering access to the Service (“Subscriber”). The Agreement shall remain effective for the Service Term.
- Description of the service and term
The Agreement allows the Subscriber to use the Service during the Service Term, subject to the functionality and limitations set out in Appendix 1. The Service is a standardised service offered as a Software as a Service. The Service is not tied to any specific version of the underlying software or any set functionality, except for the functionality described in Appendix 1. The Subscriber, therefore, acknowledges that the functionality in the Service may change. The Provider is entitled to amend the terms and conditions of this Agreement in order to reflect any changes to the Service, and the Subscriber will be deemed to have accepted such changes by its continued use of the Service.
The Agreement provides the Subscriber and the Subscriber’s users with a right to use the Service. A user shall mean a physical person who has been invited to the Service by the Subscriber. The Provider will grant users with sufficient privileges, as described in Appendix 1.
The term (“Service Term”) of this Agreement is from the first payment is made and until the Agreement is terminated. Service Term means the term that the Services will be available for Subscriber.
- Payment and conditions
The Subscriber shall pay the service fee in accordance with the terms specified in the order process. The service fee shall be paid periodically for 1 month in advance or yearly for 1 year in advance. All prices in the Agreement are excluded VAT, and applicable VAT must be added to the service fee by the subscriber. The Subscriber is not entitled to set off the subscription fee against any claim the Subscriber has towards the Provider. Failure to submit payment within 30 days entitles the Provider to claim interest on any overdue amount in accordance with the Norwegian Late Payment interest Act.
Payment by credit card shall be made before the Subscriber can access the Service. The Provider shall provide an electronic receipt as proof of payment.
- Rights to data
The Provider retains all rights to the data it generates and creates from publicly available data.
Notwithstanding section 4, The Provider is entitled to retain and use data from the Subscriber's use of the Service for the Provider's own internal use, such as analyzing data for research and product development. If required by applicable law, the data shall be anonymized to not identify the Subscriber, its users or any other individual.
- Deletion of data
The Subscriber must export any data it wishes to retain prior to the end of the Service Term.
- Routines for planned maintenance
Certain types of Service maintenance may imply a stop or reduction in the availability of the Service. The Provider does not warrant any particular level of Service availability, but will provide its best effort to limit the impact of any planned maintenance on the availability of the Service.
Provider shall within a reasonable time notify the Subscriber of any planned maintenance that may affect service availability. New versions of the Service might be released without any notification prior to the release.
- Liability for errors
There is an error if the Subscriber is not able to access the Service or a material function in the Service, and this is caused by circumstances which are the responsibility of the Provider. The Subscriber acknowledges that errors might occur from time to time and the Subscriber waives any right to claim for compensation due to errors in the Service. If an error occurs, the Subscriber shall notify the Provider of the error and provide a description of the error situation. The Provider shall use reasonable commercial efforts to correct the error within a reasonable time. If requested by the Provider, the Subscriber shall provide necessary assistance in order to reproduce/identify the error situation. The provider is not liable for any errors as a result of change of data structure when a new version of the Service is released.
- Use of the Service
The Subscriber undertakes that it and its users will use the Service in accordance with applicable laws and regulations and in accordance with the requirements in the Agreement. The Subscriber is responsible for the material and information that the Subscriber and its users produce by using the Service. Any excessive use of the Service pursuant to Appendix 1 shall be restricted in accordance with Appendix 1.
- Termination of the agreement
The Parties may terminate the Agreement for convenience. The Subscription will then run until next billing.
- Intellectual property rights
The Provider retains all rights to all elements of the Service. The Subscriber does not receive any license or usage rights to the Service beyond what is explicitly stated in this Agreement.
- Transfer of rights
The Provider is entitled to transfer its rights and obligations pursuant to this Agreement to a third party as part of a merger or acquisition process, or as a result of other organizational changes. The Subscriber’s transfer of any rights and obligations shall be subject to the Provider’s written consent, which shall not be unreasonably withheld.
The Provider may refer to the Subscriber’s use of the Service in Provider’s marketing activities. This includes the use of Subscriber’s name and logo on Provider’s website, in presentations and in other marketing materials.
- Force majeure
If the fulfillment of the Agreement in whole or part is prevented or to a major degree made difficult by circumstances that are considered as force majeure in accordance with Norwegian law, the parties’ obligations shall be suspended to the extent the circumstances are relevant, and then for so long as the circumstances last.
- Breach of agreement
There is a breach of the Agreement if one of the parties does not meet their obligations as defined in the Agreement. To the extent Provider attempts to repair the relevant errors in the Service within a reasonable time, the following shall not be deemed a breach of Provider’s obligations: the Service is inaccessible; the functionality of the Services is reduced; or the response time of the Service is increased.
- Suspension of the Service
The Provider is entitled to suspend the Subscriber’s access to the Service if due payment has not been submitted within 5 days after the due date. The Provider shall provide at least five days prior written notice before any suspension of the Service is implemented. The Provider may also suspend any other assistance pursuant to the Agreement or other agreement until such payment has been done.
The Provider can with immediate effect close or suspend access to the Service if the Subscriber or any of its users abuse the Service or if the Subscriber otherwise breaches its obligations pursuant to this Agreement.
If the Subscriber materially breaches its obligations pursuant to this Agreement, the Provider may terminate the Agreement for breach with immediate effect, including the Subscriber’s access to the Service.
The subscriber acknowledges that errors might occur from time to time and waive any right to claim for compensation as a result of errors in the Service. When an error occurs, The Subscriber shall notify The Provider of the error and provide a description of the error situation. The Provider shall not be held liable for, and does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by The Subscriber through the Service will meet your expectations, or that (v) any errors in the Service will be corrected.
For claims submitted by the Provider, loss of data, loss of profit, third-party claims and governmental fines and/or sanctions shall be construed as direct loss for which the Provider may claim damages for.
- Third-party services
To the extent the Service facilitates access to the services provided by a third party, the Subscriber shall comply with the terms governing such third party services. The Provider shall not be held liable for any errors, omissions, inaccuracies, etc. related to such third party services.
- Export compliance
The Subscriber warrants that it is knowledgeable of, and is and will remain in full compliance with all applicable export and import laws, regulations, orders, policies and act fully in accordance with these.
The agreed prices are exclusive of all direct and indirect taxes, charges, fees, and duties, including but not limited to any customs duties or withholding tax, imposed on the Service or any other deliverable from the Provider. The Subscriber will bear any tax costs, including, notably, any applicable local withholding taxes.
If payment is subject to local withholding tax or similar, the Subscriber will, at its own initiative, add such tax to the payments to the Provider and subsequently deliver to the Provider the corresponding receipt from the appropriate government authority evidencing payment of such withholding taxes, allowing the Provider to apply for the corresponding tax refund.
- Governing law and dispute resolution
The Agreement shall be subject to Norwegian law and Norwegian courts’ exclusive jurisdiction. The parties agree on Oslo city court as their legal venue.
Dune Analytics Pro allows the Subscriber to query and visualise data through the Dune Analytics interface at explore.duneanalytics.com, duneanalytics.com or other domains owned by the provider.
In addition to the free features on the site the Subscriber will have access to the following features:
CSV download of query results
The subscriber can download CSV reports of their query results from the Dune Analytics online interface. The Subscriber may use this data internally within their company and in occasional reports, presentations and similar externally. Crediting Dune Analytics and the relevant query creator as source is required. These CSV exports can not be sold directly and/or provided on a running basis as a data product or service by the Subscriber.
Queries that are made private by the Subscriber can not be viewed by other Dune users. Visualizations of private queries can be viewed by other users if added to a dashboard or embedded on another site. Only the Subscriber may add a private query/visualization to a dashboard or generate an embed link. Dune administrators can see the private queries in order to monitor the service and support the Subscriber, but will not share publicly private queries unless the Subscriber gives permission to share them publicly. Note that all content created is public by default and must be set to private by the subscriber.
No Dune Analytics Watermarks
The Subscriber will not see the “Dune Analytics” watermark when looking at queries on Dune Analytics or when embedding charts elsewhere. Shared dashboards will feature “Dune Analytics” watermarks.
Query queue priority
The Provider will maintain dedicated infrastructure to ensure priority execution of Subscribers queries on Dune Analytics, and will to the best of its abilities ensure that time spent in queue is minimal.
These features are subject to change as the service is developed.