Checkout Terms – Kustom AB
Effective as of 30 April 2026
1. Status and relationship to Vipps MobilePay payment services
These Checkout Terms (“Checkout Terms”) govern the provisioning of the checkout solution branded as “Checkout” by Kustom AB (“Checkout Provider”) to corporate customers (“Merchants”) using Vipps MobilePay AS (“Vipps MobilePay”) as their connected payment service provider.
The Merchant acknowledges and agrees that: a) the Checkout Provider provides Checkout only; and b) Vipps MobilePay remains the Merchant’s payment service provider for the payment services component used in connection with Checkout (including execution of payment transactions and settlement), in accordance with the Merchant’s existing agreement with Vipps MobilePay and the applicable Terms and Conditions for Vipps MobilePay Business Solutions.
Nothing in these Checkout Terms shall govern, amend or replace the Merchant’s agreement with Vipps MobilePay in respect of payment services.
2. Definitions
Capitalized terms used but not defined in these Checkout Terms shall have the meaning set out in the Merchant’s agreement with Vipps MobilePay and/or the applicable Vipps MobilePay terms for business solutions, to the extent relevant for the interaction between Checkout and the payment services.
“Checkout” means the operation and delivery of the Vipps MobilePay proprietary browser-based e-commerce checkout solution provided by Vipps MobilePay on behalf of the Checkout Provider, with bundled payment options and customer information retrieval which enables merchants to present payment options and facilitate completion of transactions across online and in-app channels, and as further specified in the relevant parts of the service documentation pertaining to Checkout.
“Effective Date” means the date from which the Checkout Provider becomes the Merchant’s contractual counterparty for Checkout as notified by Vipps MobilePay and/or the Checkout Provider.
3. Provision of Checkout
The Checkout Provider shall, from the Effective Date, be responsible for operating and delivering Checkout to the Merchant, including maintenance, updates, support (as applicable) and administration of Checkout.
More specific guidance on implementation and use of Checkout is provided in the service documentation made available by the Checkout Provider (and/or Vipps MobilePay as applicable). The Merchant is responsible for implementing required changes to the Merchant Application and/or integration in order to use Checkout.
4. Relationship with Vipps MobilePay (payment coordination)
The Merchant acknowledges that Checkout is designed to coordinate with the payment services component provided by Vipps MobilePay. The Checkout Provider may, where reasonably necessary to operate Checkout and enable such coordination, exchange relevant information with Vipps MobilePay and receive relevant information from Vipps MobilePay, provided that such exchange is limited to what is necessary for the relevant purpose.
5. Data and confidentiality
The Checkout Provider may process Merchant data (and, where applicable, end-customer data retrieved via Checkout) to the extent necessary to operate, maintain, support and administer Checkout and to enable coordination with Vipps MobilePay’s payment services component.
The Checkout Provider shall keep such data confidential and implement appropriate technical and organizational measures to protect the data and comply with applicable data protection and confidentiality requirements. The Merchant remains responsible for its own processing of any data received through Checkout.
6. Changes to Checkout Terms
The Checkout Provider may change these Checkout Terms with 30 days’ notice. The Checkout Provider may apply a shorter notice period where deemed necessary to address a security threat or comply with changes in applicable laws or Scheme Rules (or equivalent binding requirements).
The Merchant will be deemed to have accepted changes, unless the Merchant notifies the Checkout Provider before their entry into force that the Merchant does not accept the revised Checkout Terms. Upon such notification, the Checkout Terms shall terminate with immediate effect.
7. Changes to Checkout
Changes to Checkout (including Checkout APIs) may require that the Merchant carries out changes to the Merchant’s mobile application, online store and/or integration in order to continue using Checkout. Where the changes are material, the Checkout Provider will inform the Merchants at least four months in advance.
The Checkout Provider reserves the right to implement changes with immediate effect where deemed necessary to address a security threat or comply with changes in applicable laws or Scheme Rules (or equivalent binding requirements).
8. Discontinuation of Checkout
If the Checkout Provider chooses to discontinue any part of Checkout, the Checkout Provider may terminate the agreement governing Checkout or the affected part with immediate effect.
Where discontinuation of Checkout requires technical and/or operational changes by the Merchant (including changes to the Merchant’s mobile application, online store and/or integration), the Merchant is responsible for implementing such changes within the timeframe stated in the notice of discontinuation.
7. Term and termination
These Checkout Terms enter into force on the Effective Date and remain in effect until terminated by either party with two months’ written notice.
In the event of a material breach by the Merchant, the Checkout Provider may terminate the agreement governing Checkout or suspend Checkout with immediate effect.
Termination of these Checkout Terms does not affect the Merchant’s separate agreement with Vipps MobilePay for payment services.
8. Liability
The Checkout Provider is liable for late or defective performance of these Checkout Terms resulting from error or negligence.
That notwithstanding, the Checkout Provider’s liability excludes any losses resulting from:
(i) modifications to Checkout and/or integration with other solutions or software not supplied by the Checkout Provider;
(ii) power failure or a breakdown of telecommunications, legislative or authority intervention, natural disasters, war, riots, civil unrest, sabotage, terrorism or vandalism (including hacking and cyber-attack);
(iii) strikes, lockouts, boycotts or picketing, regardless of whether the Checkout Provider is a party to the dispute;
(iv) any circumstances beyond the control of the Checkout Provider;
(v) any loss incurred by the Merchant resulting from unauthorized use of or access to Checkout by the Merchant’s personnel, customers or third parties; and
(vi) any indirect losses, operating losses, loss of business and loss of interest.
The Checkout Provider’s liability under these Checkout Terms is under any circumstances limited to the amount the Merchant has paid to the Checkout Provider for use of Checkout during the last 12 months before the claim arose.
The Checkout Provider’s liability for damages has been exhaustively set forth above.
9. Governing law and disputes
These Checkout Terms shall be governed by the laws of Norway and any dispute relating to the validity, interpretation or fulfilment of the Checkout Terms shall be submitted to the exclusive jurisdiction of the Oslo District Court.