Terms of Use

Last updated: May 7, 2020

The terms of this document govern your use of our software application and online services, and explain how we handle your personal data. If you don’t agree with these Terms, you must discontinue using the Software and the Services.

  1. This is a contract. These terms of use (the “Terms”) forms a binding contract between you and Opera Norway AS, a Norwegian company with an address at P.O. Box 4214 Nydalen, NO-0401 Oslo, Norway (“Opera”). These Terms govern your download and/or use of the executable code for this software application, including any updates or upgrades thereto (“Software”). By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in these Terms. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept these Terms on your behalf and approve your use of the Software.

  2. You are only granted a limited license to use the Software. Subject to the terms and conditions of these Terms, Opera hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to use the executable code version of the Software solely as installed on your mobile Internet enabled device. You may only use the Software as expressly authorized in these Terms.

  3. You must respect our rights in the Software. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with these Terms.

  4. The Software contains our valuable intellectual property. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Opera and its suppliers. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of Opera and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for you to use the Software as expressly permitted under these Terms. You acknowledge and agree that any actual or threatened breach of these Terms will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

  5. Components from third parties may be delivered along with the Software. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Opera shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in these Terms do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. These Terms governs your use of the Software in executable form.

  6. The Software may include additional services. Various additional services may be offered where available via or as integrated into the Software (“Services”). Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  7. Our Software and Services are ad-supported. The Software is free to download and our Services are generally provided free of charge. Opera incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the Software and Services for free, we will display the advertisements of select partners to you. By using our Software and Services, you consent to the placement of such advertisements within the Software and Services.

  8. Your license to use the Software terminates if you breach these Terms. These Terms will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. These Terms will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the Terms, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 15 of these Terms shall survive termination.

  9. The Software is provided without any warranties or guarantees. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE OR SERVICES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

  10. Opera is not liable for any damages you may incur. IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.

  11. This contract is based on Norwegian law. These Terms will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby.

  12. General. You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.

  13. We expect you to be a responsible user.

    a. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur while using any Services, including the content of any transmissions you send through the Services and any content you upload or publish using the Services.

    b. We expect you to respect the rights of others. By using the Services, you agree that you will not upload, transfer, or otherwise make available files, images, code, materials, or other information or content (“Content”) that violates the rights of any third party, including their intellectual property rights, however defined.

    c. You also agree not to upload, transfer, or otherwise make available any Content that is obscene, vulgar, sexually-oriented, hateful, or threatening. Opera strictly forbids unsolicited messaging and unauthorized advertisements while using the Services.

    d. Opera has a zero-tolerance policy against child sexual abuse content and will terminate the access of any user who publishes or distributes child sexual abuse content. Furthermore, we will report such users to the appropriate authorities.

    e. You acknowledge that information of any kind presented to you via the Software or Services may be protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to violate these laws or infringe these rights in any way.

    f. Certain features of the Services may allow you to publish or send content that can be viewed by others (“User Generated Content”). You agree that Opera is not liable for User Generated Content that is provided by others. Opera has no duty to pre-screen User Generated Content, but Opera has the right to refuse to post, edit, or deliver User Generated Content. Opera reserves the right to remove User Generated Content for any reason, but Opera is not responsible for any failure or delay in removing such material. Opera reserves the right to block any user’s access to any content, website or webpage at our sole discretion.

    g. Opera does not claim ownership of any User Generated Content. However, by submitting User Generated Content on any Service, including any ideas, concepts, know-how, or techniques described therein, you consent to Opera’s unrestricted use of those items.

    h. If you upload any Content or User Generated Content to Opera’s sites, you warrant that you have the necessary rights and authority to do so, including the necessary consent to upload and distribute any personal information about third persons. You agree that you will not upload viruses or other forms of malware.

  14. Certain Services are provided by third parties. Some Services accessible through the Opera software applications are provided by other companies (“Third Party Services”). Third Party Services may be subject to separate terms and conditions. These Third Party Services may include the following:

  15. Links to the Third Party Sites are available through the Software and Services. The Services or Software may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Opera has no control over and no responsibility for Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Opera.

  16. Notice to rights holders. If you believe that any content accessible via the Services or Software infringes your rights, you may submit a notification to Opera in which you provide the following information: (a) identification of the rights/works that are being infringed upon; (b) identification of the content that is infringing your rights (including URL(s) for the content); (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the rights holder, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to copyright@opera.com.

  17. Opera may modify these terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the Terms, which is posted at https://made2discover.com/legal. If we significantly change the Terms, we will notify you about the upcoming change using in-app notifications. In any case we encourage you to review the Terms periodically.

  18. Your access to the Services is subject to change. Opera reserves the right at any time to modify or discontinue the Services in whole or in part, and to terminate your access to the Services at any time, with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Opera may also terminate or suspend your user account for inactivity, which is defined as failing to sign-in to the Services for an extended period of time, as determined by Opera. Opera reserves the right to assign its rights and responsibilities under these Terms to any third party.

Privacy statement

As a general rule, users of the Software are anonymous to us, and we have no feasible ways to identify you. However certain categories of data may be collected while using the Software and the Services, and some of this information may be considered “personal data” by the law. When we collect personal data, we generally act as a “data controller” as defined in applicable law. The exact categories of data we collect, why we collect it, and your opt-out choices depend on the application or service you use, as is more fully described below.

We collect this data pursuant to our legitimate business interests. As the Application is ad-supported, collecting this information helps us offset the costs of our business and helps provide a more personalized experience for the user.

Social login

The Software uses Firebase Authentication by Google to provide a quick and simple authentication service. If you choose Firebase Authentication to log into an application, then you agree to share your phone number, and information about the device you’re using with Google and Opera. Use of this login is subject to Google’s terms of service and privacy policy. Google will send you a SMS confirmation code that you can use to log into the application.

Personalized news

To provide you with more relevant news content, we collect some information about the articles you read in the application’s native news feed, and your general location. This information is linked to a randomly generated News ID and may be stored on our servers up to three months.

Personalized ads

Based on advertising IDs and your general location, we may serve targeted ads. These ads are provided by our monetization partners. You can always adjust your personalized ad choices in the application’s “Settings” menu or through your operating system’s settings.

Anonymous usage statistics

When you install the Software, a random installation ID is generated. We may collect this identifier, as well as your device ID and hardware specification, operating system and environment configuration, and feature usage data.

We use this information for certain legitimate business purposes, namely:

In short, this information helps us to improve our products and services. We have no practical way to use this information to identify you personally. We may store this usage data for up to three years.

Crash reports

If the Software crashes, we collect a log that includes some information about your browser’s version, your operating system, platform and some memory data related to the crash. We collect this data with the sole purpose of improving our products and services. Crash logs are kept for six months.

We may collect your IP address that becomes known to our Service to help diagnose problems with our servers. We use IP addresses solely for this purpose and keep website access logs up to six months.

Cookies

We use cookies on our websites for session management and retaining your settings or preferences. We may also use third-party cookies to collect visitor statistics and measure our marketing campaigns. If you would like to reject third-party cookies, please configure your browser’s settings accordingly.

Children’s privacy

Our applications are not intended for use by children. There are no guarantees that children cannot enter our websites or use our applications without parental consent or notification. We require children to include their parents in the download process, and we encourage parents to read this privacy statement before allowing their children to use our applications and services.

International data transfers

When we do collect personal data, such personal data may be transferred to partners in countries outside of the European Economic Area with a lower level of data protection than that provided for under European law. Whenever we do so, we require that our partners agree to the European Union’s model contracts for the transfer of personal data to third countries (also known as the “standard contractual clauses”) to ensure adequate protection of your personal data.

Third parties

Our applications and services include third-party technology or code, some of which may use your data in different ways. When such third-party technologies use previously collected data, they typically act as data processors for us. When they collect data on their own, they typically act as independent data controllers. For convenience, we have included links to their privacy policies below. Data controllers are marked with an asterisk.

Please note that this list of third-party entities applies only to the currently supported version of the Software.

Your rights

You have the right to make a request to access or delete any of your personal data that we might possess. You can make a request by contacting our Data Protection Officer at the address below. You may be required to provide additional information to authenticate your request. You also have the right to lodge a complaint with Datatilsynet, the Norwegian Data Protection Authority, which can be contacted through their webpage.

Contacts

We are very open about privacy and recognize your trust as a great value. If you have any questions about this statement or any privacy issues in our applications or services, feel free to contact our Data Protection Officer:

Opera Norway AS
P.O. Box 4214, Nydalen
0401, Oslo
Norway