Terms of use

These general terms ("Terms of Use", "Terms") apply to the use of Noba Health AS's app Noba ("The App", "The Service") as well as https://noba.app ("The Website").

Last updated: 06 March 2023

1. General

The service is offered by Noba Health AS (org. no. 921 671 202) ("Noba Health", "Service provider" or "We"), a Norwegian company which, among other things, offers information and guidance on the diagnosis of irritable bowel syndrome (abbreviated IBS for "Irritable Bowel Syndrome").

You as a user (the "User" or "You") can freely use the Service, either as a guest user, a logged-in Noba user or a Premium User in accordance with the applicable Terms of Use.

2. Acceptance of terms of use

2.1 The General Terms regulate your use of the Service.

By using the service, you accept, and are bound by, the General Terms and Conditions. We encourage you to read these General Terms and Conditions carefully before using the Service.

2.2 Change of Terms of Use

Noba Health reserves the right at any time, at its own discretion, to change, modify, add or remove parts of these General Terms and Conditions. If changes are made, we will notify you in the Noba app. In the event of significant changes, the User is given the right to cancel the subscription with immediate effect.

2.3 Privacy statement

The General Terms and Conditions applicable at all times, as well as our privacy policy, are available on the Website. The link to the Privacy Policy can be found here: https://www.noba.app/privacy.

3. Use of the service

In order to use the Service as a Guest User, the User must accept the Applicable Terms. The user is granted a non-exclusive and non-transferable right to use the Service in accordance with the General Terms and Conditions. The right of use only applies for private and personal purposes, and the User must not share their login details with others or post content from the Service on the internet or social media without permission.

The user is responsible for the necessary internet connection and for the equipment on which you use the Service.

If the User discovers errors in the Service or other aspects of the Service that Noba Health should be aware of, the User is encouraged to contact Noba Health attilbakemelding@noba.app.

3.1 Uploading of new products and images

The user can himself add new products to the Service. This data is not considered user data and is owned by Noba Health from the time it is submitted. It is not permitted to upload images where people or places can enable the identification of individuals. It is also not permitted to upload images with offensive content, or of a sexual nature.

3.2 Guest user

As a Guest User, we cannot guarantee that the User will have access to the data at a later time. Examples of this include if the User loses/gets a new phone. To be sure that the data is saved, we recommend that the User becomes a logged-in Noba user.

3.3 Logged in Noba user

To use the Service as a logged-in Noba user, the User must register a personal user account. This requires that you: (i) are 18 years of age or older (unless you are represented by a parent or other guardian), (ii) provide complete and correct information about the person to be represented in the registration and (iii) update registered information in the event of changes to the registered information.

You cannot register a name that is not your own, or belongs to another natural or legal person. Names that can in any way be perceived as vulgar, indecent or offensive are also not legal to use. It is also the User's responsibility to provide the correct name and e-mail address. The same person cannot create multiple user accounts.

3.4 Premium User

In order to use the Service as a Premium user, it is required that you, in addition to the requirements mentioned for Guest user and Logged-in Noba user; provides correct and valid payment information.

3.5 Consequences of misuse

If Noba or Noba Health has reason to believe that you are using the service in violation of Norwegian law or this Agreement, Noba or Noba Health has the right to temporarily stop your use. If the default does not cease, Noba or Noba Health has the right to terminate the Agreement.

4. Noba Health's responsibility

Noba Health is obliged to give the User access to the Service against the User's remuneration as stated in point 6.

The information and services made available through the Application are provided "as is" and are without warranty. Noba, Noba Health and the service provider's possible partners cannot be held responsible for any loss or cost that may arise in connection with the use of the service.

4.1 Uptime

Noba Health strives to perform the Service in a professional manner at all times and shall seek to keep the Service in operation at all times. However, for security, technical or operational reasons, Noba Health must from time to time carry out updates and maintenance of the Service, and the Service may also be down as a result of unforeseen operational problems or other circumstances. During these periods, the Service may be unavailable. Noba Health will, to the extent possible, inform you of such interruptions. If the Service is down or does not work for an extended period, the User is entitled to a proportionate price reduction.

4.2 Professional information in the Service

Noba Health gives no guarantee that information provided by Noba Health or by third parties on the Website or App (including food's FODMAP content or allergen information) is correct, complete or up-to-date at all times.

Ingredient lists can be updated without prior notice from the manufacturer, and there is therefore a possibility that products in the app may be based on outdated information. To be sure, one should therefore double-check ingredient lists and compare with the information available in the app.

Furthermore, only laboratory tests can reliably classify a food's amount of FODMAPs. Assessments of goods that have not been published in research will be based on ingredient lists, and there will therefore be a risk that the assessment is not correct. Letting a professional assess these foods, we still believe, will be safer than the User making such an assessment on their own.

Only information about food products that are 'certified' will be 100% safe as only these products have been tested in a laboratory. Some errors may still occur due to human error.

4.3 Updating of content

Noba Health has the right to update and change products in the Service without prior notification to the User.

Noba Health has the right to change which functions are behind a payment wall (Noba Premium) without prior notification to the User.

4.4 Third parties

The website and App may contain links to third-party websites, such as research articles or recipes. These links are only provided to make it easier for you as a user. By entering into this Agreement, you agree that the Service or Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, goods or services further available on or through such websites or services. We encourage you to carefully review the terms of use and privacy statements of all websites you visit.

4.5 Advertising

The website and App may occasionally contain advertisements for third-party products and services. Noba Health only advertises products and services that are considered to be relevant to the User, and will mark advertisements clearly. By using the Service, you agree that Noba Health may display advertisements for third parties.

5. Payment

The service is offered by various types of subscriptions and payment methods. In the event of a price increase beyond the normal price increase, the User is given at least one month's notice in advance.

All subscriptions run from the time the User activates it, and are automatically renewed until terminated. The user can cancel the subscription at any time, and then lose their Noba Premium access after the prepaid period has expired.

Noba Health deducts payment from the User's bank card in advance for the period the selected subscription lasts.

5.1 Free trial period

Each User only gets access to one free trial period of 7 days. This means that the amount is deducted from your account after the trial period has expired. If the User has already received a free trial period, a purchase at a later date will be withdrawn immediately. It is not permitted for the User to create multiple accounts to gain access to multiple trial periods, ref. point 3.3.

6. Termination

The user can cancel the subscription at any time via the Website or the App. The termination will apply from the end of the period the User has paid in advance.

In the event of a breach, or suspected breach, of these General Terms and Conditions, Noba Health reserves the right to close or suspend your user account with immediate effect. In such cases, We will send you information about this to the e-mail address you provided when creating your user account. In such cases, We can also refuse you to create a new user account.

7. Intellectual property rights

Noba Health owns all intellectual property rights to the Service.

By using the Service, you do not acquire ownership or a license to any intellectual property rights in the Service. Trademarks, logos, domain names and other similar signs or symbols that appear on Noba Health's websites or as part of the Service belong to Noba Health.

All products with associated information belong to Noba Health and may not be copied or shared without written permission. All product images that the User adds through the Service belong to Noba Health.

8. Rights to the Service and Service Provider

Noba Health, Noba and its services, content (excluding your User Content), features and functionality are and will remain the exclusive property of Service Provider and its licensors. Noba Health is protected by copyright, database rights and other laws in both Norway and abroad. It is not permitted to copy, distribute, display, publish or sell information that is made available on the App or on www.noba.app

9. Right of withdrawal

When purchasing the Service, the User has a right of withdrawal in line with the Right of Cancellation Act. This means that the User has the right to cancel the subscription within 7 days of purchase, which corresponds to the trial period. If the User has given an express request to start the delivery of the Service before the end of the withdrawal period, Noba Health can demand payment for the part of the Service that has been received until the User exercised the right of withdrawal.

If the User wishes to make use of the right of withdrawal, the User can terminate his subscription with before the trial period of 7 days has expired. This is done on the platform where the Purchase was made, which will be in the app (Google or Apple) or on Nettisden (Stripe). If the User experiences problems with canceling the subscription, the User must notify this by e-mail as soon as possible so that we can provide the necessary guidance and help: info@noba.app.

10. Assignment

Noba Health has the right to transfer its rights and obligations under these General Terms and Conditions to third parties. The user cannot transfer his rights and obligations under these General Terms and Conditions unless Noba Health has given prior written consent

11. Support and contact information

If you have questions about the Service or need support, you are always welcome to contact us at info@noba.app.