Terms and Conditions of the Service

General conditions

These Terms of Service (the “Terms”) constitute the Agreement between NordicWise LLC (“NordicWise,“ “Lingvanex”, “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“user,” “you,” or “your”) to products and services including this mobile app. Our provision of application, any Software, products, and services, including accesses to the web-site and other web-based resources, are collectively called “Services” or “Service”.

You expressly waive any existing terms and conditions or any other similar documents of your own, even if these should be defined as the only applicable conditions and/or had been presented in other communication between you and us.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by NordicWise LLC of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of NordicWise LLC and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.

If you register for a free trial of Services or for free Services, the applicable provisions of this agreement will also govern that free trial or those free services.

This application is intended for general audiences over the age of 16 years old. We do not knowingly collect information from children under the age of 16 years old.
IF YOU ARE NOT AT LEAST 16 YEARS OLD, DO NOT USE THE APPLICATION.

You must agree to abide by all of the provisions of these Terms in order to remain a user of the Application and your use of the Application constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Application and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Application through you or using your device or your credentials.

We reserve the right, in our sole discretion, to change any or all of the provisions of these Terms at any time. We will notify you of any material changes by posting them on the Site (https://lingvanex.com/en/terms-of-service/)or through other reasonable means of providing notice. Any changes to these Terms will be effective immediately upon notice to you unless we advise otherwise. Your use of the Application after notice of changes to this agreement will be deemed your acceptance of the changes. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Services. IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE APPLICATION, SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE APPLICATION AND/OR SERVICES, AS APPLICABLE.

Disclaimer of warranties & limitation of liability

You expressly agree that use of the service is at your sole risk. Neither NordicWise LLC, nor any of its affiliates, employees, agents, third-party content providers, or licensors warrant that the Service will be uninterrupted or error-free nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found while using the Service, any merchandise or services provided through the Service, or any links to other sites made available while using the Service.

To the extent permitted by applicable law, the Service and all content, material, information, postings, or posting responses found while using the Service are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Under no circumstances, including, but not limited to, negligence, will NordicWise LLC (or any of its parents, subsidiaries, affiliates, employees, agents, third-party content providers, or licensors, and their respective directors, officers, employees, and agents), be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any tool, content, information, material, postings, or posting responses on the Service or the Service itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that NordicWise LLC (and any of its parents, subsidiaries, affiliates, employees, agents, third-party content providers, or licensors, and their respective directors, officers, employees, and agents), is not liable for any defamatory, offensive or illegal conduct of any user, including you.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless NordicWise LLC (and any of its parents, subsidiaries, affiliates, employees, agents, third-party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this agreement. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

NOTICES BETWEEN US. You will contact us by submitting your message via our form or by email support@lingvanex.com. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.

TERMINATION. We may terminate this agreement and your use of the Service at any time. We also have the right to immediately terminate your use of the Service in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

LAW GOVERNING PERFORMANCE AND DISPUTES. These Terms, your performance under it, and any disputes arising under it will be governed exclusively by the laws of  England and Wales, without giving effect to their conflict of laws principles. The Parties shall take measures to settle any disputes which may arise out of this Terms or in connection with it by negotiations. In case of impossibility to settle the dispute by negotiation, the dispute shall be submitted to the International Arbitration Court at Belarusian Chamber of Commerce and Industry, in accordance with its Regulation.

Miscellaneous conditions

By making any material or information available through the Service, you automatically grant to NordicWise LLC a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.

We have no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Service, and we are not responsible for any content of this material or information. However, we reserve the right to delete, move, or edit any material or information that it deems, in our sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, we reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

We reserve the right to collect, use, and distribute demographic data about you and your use of the Service in forms that do not identify you individually or reveal your identity.

The Services may provide links to other sites or resources. Because may not review nor have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by NordicWise LLC of the linked websites, resources, their operators or owners. When you select a link, you may be directed to the other Site. The information available on third party websites may have certain restrictions on its use or distribution which differ from this agreement.

Direct competitors are prohibited from accessing the Services, except with NordicWise’s LLC prior written consent. In addition, the Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Payment Terms

NordicWise LLC will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which NordicWise LLC shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond NordicWise’s LLC reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, Non- NordicWise LLC Application, or denial of service attack, and (d) provide the Services in accordance with laws and government regulations applicable to NordicWise LLC.

Free Trial. If Customer registers for a free trial, NordicWise LLC will make the applicable Service available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Service or (b) the start date of any Purchased Service subscriptions ordered by Customer for such Service, or (c) termination by NordicWise LLC in its sole discretion. Additional trial terms and conditions may appear on the NordicWise’s LLC web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

Free Services. NordicWise LLC may make Free Services available to you. Use of Free Services is subject to the terms and conditions of this Terms & Conditions. Free Services are provided to you without charge up to certain limits as described by NordicWise LLC. Usage over these limits requires your purchase of additional Service. You agree that NordicWise LLC, in its sole discretion and for any or no reason, may terminate your access to the Free Services or any part thereof. You agree that any termination of your access to the Free Services may be without prior notice, and you agree that NordicWise LLC will not be liable to you or any third party for such termination. You are solely responsible for exporting any data from the Free Services prior to termination of your access to the Free Services for any reason.

Integration with Non-NordicWise LLC Applications. The Services may contain features designed to interoperate with Non- NordicWise LLC Applications and services. NordicWise LLC cannot guarantee the continued availability of such Service features, and may cease providing them without entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a Non-NordicWise LLC Application ceases to make the Non-NordicWise LLC Application available for interoperation with the corresponding Service features in a manner acceptable to NordicWise LLC.

NordicWise LLC charges a subscription fee for the use of Nordic Wise’s LLC Service, except for Free Trial and Free Service. By purchasing the corresponding subscription or subscription plan, you agree to pay NordicWise LLC the Fees applicable to subscription or subscription plan chosen. Unless otherwise stated, all Fees are in U.S. Dollars or Euro. NordicWise LLC expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service, which shall be your sole responsibility. All Fees will be billed to your iTunes account or credit card at the current international currency conversion rate. You are responsible for and shall pay NordicWise LLC all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of the Service, whether imposed now or hereinafter by any governmental entity.

All Fees are paid in advance. We reserve the right to deactivate your access to the Service if you fail to pay applicable fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify us if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your credentials). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay us in the event of any refusal of your credit card issuer to pay any amount to NordicWise LLC for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event, you fail to pay any amount when due, NordicWise LLC may immediately suspend your access to NordicWise LLC the Service.

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. The account will be charged for renewal within 24-hours prior to the end of the current period, and the cost of the renewal. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that application, where applicable

You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done at least 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.

End-User License Agreement (EULA) of Lingvanex

These Terms and Conditions govern your acquisition and use of our Lingvanex software and Service (“Software”, “Service”) directly from NordicWise LLC or indirectly through a NordicWise’s LLC authorized reseller or distributor (a “Reseller”).

If you register for a free trial of the Lingvanex software, these Terms and Conditions will also govern that trial. By clicking “accept” or installing and/or using the Lingvanex software or any using of the Service, you are confirming your acceptance of these Terms and Conditions and agreeing to become bound by the terms of this Terms and Conditions.

If you are entering into these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the Terms and conditions, do not install or use the Software or Service, and you must not accept these Terms and Conditions.

These Terms and Conditions shall apply only to the Software and Service supplied by NordicWise LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any NordicWise LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

NordicWise LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Lingvanex software on your devices in accordance with the terms of this Terms and Conditions.

You are permitted to load the Lingvanex software to the devices (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Lingvanex software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that NordicWise LLC considers is a breach of these Terms and Conditions.

Intellectual Property and Ownership

NordicWise LLC shall at all times retain ownership of the Software and Service as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of NordicWise LLC.

NordicWise LLC reserves the right to grant licenses to use the Software to third parties.

Termination

This Terms and Conditions agreement is effective from the date you first use the Software or the Service and shall continue until terminated. You may terminate it at any time upon written notice to NordicWise LLC.

It will also terminate immediately if you fail to comply with any term of these Terms and Conditions. Upon such termination, the licenses granted by this Terms and Conditions agreement will immediately become null and void and you agree to stop all access and use of the Software and Service. The provisions that by their nature continue and survive will survive any termination of these Terms and Conditions.