Marketplace Terms

3.1. Age

Registration of a user account with us requires you to be at least 16 years of age or older. A parent or legal guardian who’s at least 18 years of age can register an account for you if you do not meet our age requirement, this person will then be responsible for all your activity on Pivity here forth until you come of age and are able to create your own account.

3.2. Account creation

Creating an account on Pivity enables you to purchase products and services using our platform (see 4. Purchasing more for details). Access to our job market is another perk of having an account, it enables you to make job applications and create jobs for others to apply to.

3.3. Becoming a creator

Having an account is the first step towards becoming a creator. You can read more about creators and how to become one in our Creator Terms.

3.4. Responsibilities

There are a few things we require you to do as a registered user on Pivity:

1. You need to keep a way for us to get in touch with you up to date, this includes your email address.
2. You are solely responsible for any actions performed via your account. Please keep your account password and any third party login provider’s password secure. We recommend enabling Two Factor Authentication as an extra layer of protection, especially if you become a creator.
3. Using a Virtual Private Network (VPN) or another proxy that changes your location to another region or country is prohibited on Pivity. When purchasing products or services on the internet you are responsible for paying applicable taxes in your region.
4. Your account is yours; You may not sell or transfer your account to someone else.

4.1. From our creators

When purchasing products from our marketplace you purchase a non-exclusive licence to use a product directly from the creator. When you purchase or download a product you are subject to a usage licence. The usage licence is an additional set of terms and conditions that describe your rights as a customer in relation to a specific product. Because the usage licence applies to anyone who downloads a product it’s important to note that if someone else purchased the product for you the terms of the usage licence still applies to you.

Creators may make their own amendments to a product’s usage licence so it’s important that you familiarise yourself with every product’s usage licence. For your sake we’ve made sure the amendments a creator makes are simply appended to the usage licence, the core of the licence is not modifiable in freetext.

The usage licence describes your right to use the product both us and the creator reserve the right to revoke your access to a product in the event that you void the terms set forth in the usage licence.

4.2. From us

We may sell additional services on Pivity that apply to a certain part of our ecosystem. An example of this is when we sell “feature tokens” to our creators which enable them to feature their product on the front page. These types of transactions are between you and Everyday, not between you and a creator.

4.3. Pricing

Depending on your geographical location, the price you pay for a product or service is made up of the product price with tax added on. Prices displayed on our marketplace listing already include Value Added Tax, this is because we consider ourselves to be a B2C (Business-to-Consumer) marketplace.

If you are a B2B customer you may update your business settings and take advantage of the reverse tax principle if your business is located within the European Union.

All prices for products and services on our marketplace are subject to change at any time, there is no guarantee that the price you saw today is still the same tomorrow.

4.4. Warranties we make to you

As the provider of the marketplace services we warrant that we have moderated and curated every single product sold on our platform to the best of our ability. We do not make any additional warranties about products sold on our platform after they have passed curation.

We warrant that we will do our best to keep Pivity up and running, but the nature of the internet sometimes makes it difficult. We do not make any warranties for any loss of revenue caused by our platform being either partly or fully unavailable.

4.5. Warranties creators make to you

A creator of a product you purchase warrants to you that:

1. The description and media for a product represents the product in a reasonable and non misleading way.
2. The product, its description and media does not violate any law or regulation, including but not limited to copyright law, unfair competition laws, criminal law or any other applicable law.
3. There are no viruses, malware or any other malicious code or software in the product.
4. The product works and is of acceptable quality.
5. Your data will be processed in accordance with our Privacy Policy and all applicable privacy laws and regulations.
6. The product they’re selling is theirs and no part of the product contains any copied or redistributed parts from a source they do not have the proper legal permission to use.
7. Support will be provided to you (within reasonable limits) if the product is not marked as unsupported (see 5. Support for more details).

9.1. Content we own

We own all the Pivity brand logos and assets, the website design (UX), first party code and trademarks. Do not distribute, make copies of, modify or otherwise make use of any Pivity content or any of our intellectual property in any way not expressly authorized in our terms and conditions.

9.2. Content we don’t own

We do not own any third party libraries or code used in the development of Pivity. These are open source and are licenced under their own terms and conditions.

We do not own any of the products sold and distributed by our creators or any associated assets, videos or text. Because of this we can not make any express warranties that all products sold on our marketplace or any other user content do not infringe on any intellectual property rights of a third party. Our creators warrant that their products and content do not infringe upon any third party’s rights in section 4.5 of these terms.

9.3. Getting in touch with us

If you believe any content on Pivity violates or infringes your trademarks, copyright or other intellectual property rights, we will happily listen to your case. Please send us an email at [email protected] to get in touch with us and our team.

10.1. Privacy Policy

Our Privacy Policy outlines what information we store about you in addition to how we process and use this information. We suggest that you give it a read to understand your privacy rights.

10.2. Sensitive information

While we take reasonable precautions to protect your data, we know that you might be asked to provide certain information through a job, an application or to a creator: Please take extra care to protect your private and sensitive information and do not share details that may be used to identify you. Likewise, if you are made aware of sensitive, confidential or personal information about us or another user on Pivity you promise that you will not disclose that information to any other person or entity.

12.1 Account termination

We reserve the right to terminate or suspend your account, and any other account owned by you at any time, at our discretion. These reasons may include, but are not limited to if you:

1. Breach any of our terms and conditions applicable to you on Pivity or another Everyday service or platform.
2. Register additional accounts with the purpose of bypassing a termination, a block or any other denial set forth on any of your Pivity accounts.
3. Act in a manner that does not align with our community and core values.
4. Cause us or any other user harm.

This means you will not be allowed to register another account while you are suspended or terminated. If you are subject to a permanent or indefinite suspension you may in most cases be able to appeal your suspension through our ban appeal centre.

12.2 Payment rejection

If we have reason to believe you or a payment you make or attempt to make to us imposes any risk of: loss, chargebacks, disputes or is sanctioned by an internationally recognized authority like the European Union, the United Nations or the Norwegian government, we reserve the right to:

1. Refuse to process the payment.
2. Immediately suspend or terminate your account.
3. Withhold the funds related to that transaction.
4. Block you from purchasing products or services.

Additionally, we might block payments from countries we are unable to process payments from. This may also be controlled by external financial institutions and payment gateways, that we have no control over.

13.1. Liability between you and us

You hold harmless, and indemnify us from all loss, costs, damage and expenses that we become subject to because of your content on Pivity. We are not to be held liable for anything related to content you have uploaded, created or shared on Pivity.

Our liability to you in regards to Pivity, our services, tort (including negligence), is limited as follows:

1. We are not liable for any of the following things you may have become subject to: loss of customers, loss of revenue, data loss and loss of reputation.
2. Our liability to you is limited to USD100.

If you are a customer you agree to not hold us liable for any content other users or creators have posted on Pivity, this includes your use of products, the products sold on Pivity, the description, media and other assets showcasing a product.

13.2. Liability between customers and creators

A creator’s liability towards a customer of their own product is always limited to the receivable revenue and payment fees for the specific transaction, unless deemed otherwise in a court of law.

15.1. Interpretation

By saying within ‘our discretion’ we mean ‘our sole discretion’. Words such as ‘include’ and ‘including’ are not words of limitation.

15.2 Third party term agreements

By agreeing to these terms on behalf of a third party such as your employer, you state that you have full legal authority to bind that third party.

15.3. Consumer laws

Where particular consumer laws apply, unless otherwise stated in the applicable legislation both our and our creator’s liability is limited to replacing or refunding the cost of a product or service.

15.4. Applicable law

As Everyday is located and registered in Norway, Norway’s laws govern these terms. For any disputes between us, you need to submit to the jurisdiction of the courts in Norway.