Terms and Conditions
Last Updated: September 2026
1. Acceptance of Terms
Welcome to norbergite.com ("Website," "Platform," or "Service"), operated by Norbergite ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms," "Agreement," or "Terms of Use") constitute a legally binding contract between you ("User," "you," or "your") and Norbergite. By accessing, browsing, registering for, or using any part of the Service, including any associated software, applications, APIs, content, or features offered through norbergite.com, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Cookie Policy, which are incorporated herein by reference.
If you are using the Service on behalf of a business, organization, government entity, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, and "you" shall refer to that entity. If you do not agree to all of the terms and conditions stated herein, or if you are not authorized to enter into this Agreement on behalf of an entity, you must immediately cease all use of the Service and delete any downloaded materials, accounts, or access credentials in your possession.
These Terms govern your access to and use of the Service, including any software-as-a-service ("SaaS") subscriptions, trial accounts, professional services, support, documentation, and community features. We may offer additional terms, service-level agreements, order forms, or enterprise schedules that supplement these Terms; in the event of a conflict, such supplementary terms shall govern with respect to the specific subject matter addressed, but these Terms shall otherwise remain in full force and effect. Your continued use of the Service after any modifications constitutes acceptance of the revised Terms.
2. Use of Service
Norbergite provides a cloud-based software platform accessible via norbergite.com and related applications, subject to the terms and limitations set forth herein. The Service may include hosted software, data storage, analytics tools, integrations with third-party services, application programming interfaces ("APIs"), mobile or desktop clients, documentation, and customer support, as described on our Website or in an applicable order form. We reserve the right to modify, enhance, suspend, or discontinue any aspect of the Service, temporarily or permanently, with or without notice, provided that material adverse changes to paid subscriptions shall be handled in accordance with Section 11.
Subject to your compliance with these Terms and the timely payment of all applicable fees, Norbergite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the applicable subscription term solely for your internal business purposes or, for individual users, personal non-commercial purposes, as specified in your plan. This license does not constitute a sale of any software or technology, and all rights not expressly granted to you are reserved by Norbergite and its licensors. Use of the Service in violation of any applicable export control laws, sanctions, or restrictions is strictly prohibited.
Certain features of the Service may require registration, account creation, or subscription to a paid plan. You agree to provide accurate, current, and complete information during registration and to keep such information up to date. You are solely responsible for maintaining the confidentiality of your account credentials, API keys, tokens, and passwords, and for all activities that occur under your account. You must notify Norbergite immediately of any unauthorized use or security breach. Transactions and access to digital services are governed, where applicable, by the Uniform Commercial Code (UCC) Article 2 as adopted by the relevant state, and by the Federal Trade Commission Act § 5, 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices in commerce.
3. User Obligations
You agree to use the Service only for lawful purposes and in accordance with these Terms, all applicable federal, state, and local laws, regulations, and ordinances, and any third-party rights. You shall not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, or underlying structure of the Service; (b) license, sell, rent, lease, transfer, assign, distribute, display, host, or otherwise commercially exploit the Service to any third party; (c) interfere with or disrupt the integrity, security, or performance of the Service, including by introducing malware, viruses, worms, Trojan horses, or other harmful code; (d) use any automated system, spider, scraper, bot, or similar data-gathering tool to access or extract data from the Service; (e) impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; (f) use the Service to transmit or store any data that is unlawful, defamatory, obscene, harassing, discriminatory, fraudulent, or infringing; or (g) attempt to gain unauthorized access to the Service, related systems, networks, or other users' accounts.
You are responsible for all content, data, configurations, integrations, and materials that you or your authorized users upload, transmit, store, process, or otherwise make available through the Service ("User Content"). You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to upload and use such User Content, and that its use on the Service does not violate any copyright, trademark, trade secret, privacy, publicity, or other proprietary right of any third party. You further represent that your User Content complies with all applicable laws, including privacy statutes such as the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), the Health Insurance Portability and Accountability Act (HIPAA) where applicable, the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions, and state comprehensive privacy laws such as the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), and the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), among others.
If you collect, process, or store personal information of children under 13, protected health information, financial data, or other regulated categories of information, you are solely responsible for ensuring compliance with all applicable sector-specific and state privacy laws. You must implement appropriate technical, administrative, and physical safeguards and must not use the Service in any manner that causes Norbergite to become a "business associate" under HIPAA, a "service provider" beyond the scope of our agreements, or subject to obligations for which it has not contractually agreed. Failure to comply with these obligations may result in immediate suspension or termination of your account and may expose you to civil and criminal liability.
4. Intellectual Property Rights
All intellectual property rights in and to the Service, including but not limited to software, source code, object code, algorithms, databases, user interfaces, designs, text, graphics, logos, icons, images, audio, video, compilations, APIs, documentation, training materials, trademarks, service marks, trade dress, and any improvements or derivatives thereof, are and shall remain the exclusive property of Norbergite and its licensors. Nothing in these Terms shall be construed as granting you any right, title, or interest in or to any of the foregoing, except for the limited license expressly set forth in Section 2. Any feedback, suggestions, ideas, enhancement requests, recommendations, or other information you provide regarding the Service may be used by Norbergite without restriction or obligation to you.
The Service may display or make available third-party content, integrations, plugins, or links to external websites or resources. Such third-party materials are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by Norbergite. We do not control and are not responsible for the availability, accuracy, legality, or content of any third-party websites, products, or services. Your use of third-party materials is governed by the terms and policies of the respective third parties, and you assume all risks associated with such use. All trademarks, logos, and service marks displayed on the Service are the property of their respective owners.
Except as expressly permitted herein, you may not copy, modify, distribute, sell, lease, loan, convey, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service or any portion thereof. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Unauthorized use of the Service or any Norbergite intellectual property may result in immediate termination of your account and may constitute a violation of federal and state intellectual property laws, including the Copyright Act of 1976, the Lanham Act, and applicable state unfair competition laws.
5. Limitation of Liability
To the fullest extent permitted by applicable law, Norbergite, its affiliates, officers, directors, employees, agents, licensors, suppliers, and successors shall not be liable for any indirect, incidental, special, consequential, punitive, exemplary, or similar damages, including but not limited to lost profits, lost revenues, lost savings, loss of data, loss of goodwill, business interruption, replacement costs, procurement of substitute goods or services, or any other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Service, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if Norbergite has been advised of the possibility of such damages.
In no event shall the aggregate liability of Norbergite and its affiliates, officers, directors, employees, agents, licensors, and suppliers arising out of or relating to these Terms or your use of the Service exceed the greater of: (a) the total amount paid by you to Norbergite for the Service during the twelve (12) month period immediately preceding the event giving rise to liability; or (b) one hundred United States dollars (US$100). The existence of more than one claim shall not enlarge or extend this limitation. The limitations set forth in this Section shall apply regardless of whether the asserted damages are direct, indirect, incidental, special, consequential, or punitive, and shall survive any termination or expiration of these Terms.
The limitations of liability set forth above are fundamental elements of the bargain between you and Norbergite and shall apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in whole or in part. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law. The parties acknowledge that the pricing and other terms of this Agreement reflect the allocation of risk described herein, and that Norbergite would not enter into this Agreement without such limitations.
6. Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an "as is," "as available," and "with all faults" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, reliability, timeliness, security, or course of performance or dealing. Norbergite does not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected.
Norbergite makes no representation or warranty regarding the accuracy, reliability, completeness, or timeliness of any information, data, advice, or content obtained through the Service. Any reliance you place on such information is strictly at your own risk. The Service may be subject to limitations, delays, outages, or other problems inherent in the use of the internet, cloud infrastructure, mobile networks, and electronic communications, and Norbergite is not responsible for any such delays, delivery failures, losses, or other damage resulting from such problems. No advice or information, whether oral or written, obtained by you from Norbergite or through the Service shall create any warranty not expressly stated in these Terms.
Where applicable, the Uniform Commercial Code (UCC) Article 2 as adopted by the states, and the Uniform Computer Information Transactions Act (UCITA), adopted only in Maryland, Virginia, and Louisiana, may govern certain aspects of transactions involving computer information. To the extent permitted by such laws, the disclaimers and limitations set forth herein shall apply. If you are a consumer, nothing in these Terms shall exclude or limit any warranty or right that cannot be excluded or limited under applicable consumer protection laws, including protections against unfair or deceptive acts or practices under the Federal Trade Commission Act § 5, 15 U.S.C. § 45, and the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA).
7. Indemnification
You agree to indemnify, defend, and hold harmless Norbergite, its affiliates, officers, directors, employees, agents, licensors, suppliers, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, judgments, settlements, fines, penalties, and fees, including reasonable attorneys' fees and court costs, arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law, rule, or regulation; (d) your violation of any third-party right, including any intellectual property, privacy, publicity, or proprietary right; (e) your negligence, misconduct, or fraudulent activity; or (f) any dispute between you and any third party arising from your use of the Service.
Norbergite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Norbergite in asserting any available defenses. You agree not to settle any claim without the prior written consent of Norbergite. This indemnification obligation shall apply regardless of whether the claim arises from alleged breach of contract, tort, strict liability, negligence, fraud, or any other legal theory, and shall survive termination or expiration of these Terms and your use of the Service.
If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this indemnification obligation, and that the entity shall be jointly and severally liable for any breach of these Terms. The indemnification obligations set forth in this Section are in addition to, and not in lieu of, any other remedies available to Norbergite under these Terms, at law, or in equity. You acknowledge that Norbergite may rely on this indemnification in permitting you to access and use the Service.
8. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Norbergite shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that the federal and state courts located in New Castle County, Delaware shall have exclusive jurisdiction over any legal action or proceeding arising out of or relating to these Terms, subject to the dispute resolution procedures set forth in Section 9.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action accrued, or such claim or cause of action shall be forever barred. This one-year limitation period shall apply to all claims, regardless of whether they are brought in contract, tort, statute, equity, or any other legal theory. The parties agree that the doctrines of forum non conveniens and transfer shall not apply to any action brought in the agreed-upon jurisdiction.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The waiver by Norbergite of any right or provision of these Terms shall not operate or be construed as a waiver of any subsequent breach or right. Headings are for convenience only and shall not affect the interpretation of these Terms.
9. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, termination, or validity thereof, shall first be addressed through good faith negotiation. The party raising the dispute shall provide written notice to the other party describing the nature of the dispute and the relief sought. The parties shall then endeavor in good faith to resolve the dispute through direct discussions within sixty (60) days of receipt of such notice. If the dispute cannot be resolved through good faith negotiation, the parties agree that the dispute shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures, except as modified herein.
The arbitration shall be conducted by a single arbitrator appointed in accordance with AAA rules. The arbitration shall take place in English in Wilmington, Delaware, unless otherwise agreed by the parties. The arbitrator shall have authority to award the same damages and relief as a court, including injunctive relief and attorneys' fees, but shall not have authority to award punitive damages or any damages excluded under Section 5. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that any arbitration shall be conducted on an individual basis only, and that class actions, class arbitrations, private attorney general actions, representative actions, and consolidated proceedings are expressly waived and not permitted.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the resolution of arbitration, and either party may bring an action in court for claims related to intellectual property rights, confidentiality, or non-payment. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation, enforcement, and proceedings of any arbitration under these Terms. You acknowledge and agree that you are waiving your right to a jury trial and to participate in a class action with respect to claims subject to arbitration. If any portion of this arbitration agreement is found to be unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect.
10. Termination
These Terms shall remain in full force and effect for so long as you access or use the Service. Norbergite may, in its sole discretion and without prior notice, suspend, disable, terminate, or restrict your access to all or any part of the Service, including your account and any User Content, at any time and for any reason, including but not limited to: (a) your breach or alleged breach of these Terms or any applicable law; (b) your failure to pay any fees when due; (c) suspected fraudulent, abusive, or illegal activity; (d) prolonged periods of inactivity; or (e) technical or security issues. Upon termination, all licenses and other rights granted to you under these Terms shall immediately cease.
You may terminate your account and these Terms at any time by following the account closure procedures available through the Service or by contacting us at [email protected]. Upon termination by either party, you remain obligated to pay all outstanding fees and charges accrued prior to termination, and Sections 4, 5, 6, 7, 8, 9, and 12 of these Terms, together with any accrued payment obligations, shall survive. Norbergite shall not be liable to you or any third party for any termination of your access to the Service or deletion of User Content.
Following termination, Norbergite reserves the right to delete or retain your User Content in accordance with our data retention practices and applicable law, including our obligations under the Privacy Policy. We recommend that you maintain regular backups of all User Content uploaded to the Service. Upon request received within thirty (30) days prior to termination or within thirty (30) days thereafter, we may, in our sole discretion and subject to applicable fees, provide you with a copy of your User Content in a commonly available format. After such period, Norbergite shall have no obligation to retain or provide any User Content.
11. Changes to Terms
Norbergite reserves the right to modify, amend, or update these Terms at any time and for any reason, in its sole discretion. When we make material changes, we will provide notice by posting the updated Terms on the Service, updating the "Last Updated" date, and, where required by law or where we determine it appropriate, by sending notice to the email address associated with your account or by displaying a prominent notice on the Website. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
If you do not agree to the modified Terms, you must stop using the Service and terminate your account in accordance with Section 10. Material changes to these Terms that affect your rights or obligations may, where applicable and at our discretion, be subject to a notice period before becoming effective with respect to existing paid subscriptions. However, changes required by law, changes to our policies in response to security threats, or changes that do not materially affect your rights may become effective immediately upon posting.
We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version of these Terms will always be available at terms.php. In the event of any conflict between these Terms and any prior version, the current version shall control, except to the extent that applicable law requires otherwise. No amendment or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Norbergite or posted on the Service as described herein.
12. Contact Information
If you have any questions, concerns, or comments regarding these Terms, the Service, or your account, please contact us using the information below. We value your feedback and will make reasonable efforts to respond to inquiries in a timely manner. For legal notices, copyright complaints, or formal disputes, please use the mailing address or email address provided below and clearly identify the nature of your communication.
You may contact Norbergite at the following address:
- Company Name: Norbergite
- Email: [email protected]
- Phone: +13071364475
- Address: One World Trade Center, 285 Fulton Street, New York, NY 10007, United States
All notices to Norbergite under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) three (3) business days after being sent by certified or registered mail, postage prepaid, return receipt requested; or (c) one (1) business day after being sent by a nationally recognized overnight courier service. Notices to you may be sent to the email address associated with your account or posted on the Service. You are responsible for ensuring that your contact information is accurate and up to date. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Norbergite regarding the Service and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.