Terms of service for Lexplore

GENERAL

Information about Lexplore

These terms and conditions (the "Terms") are applicable to all services provided by Lexplore AB (Reg. No. 559069-1811) "Lexplore", "us", "our" or "we").

By "you"" we mean the legal entity that is ordering Services under these Terms, any of your affiliates together with your and your affiliates' employees and representatives.

When we refer to the "parties" we mean you and us together.

Lexplore is an all-in-one service for systematic reading development. Lexplore offer assessment, insights and development in one place to support systematic reading development in primary and secondary school.

Contact information

You may contact us through email: support@lexplore.com ("Contact Information").

Agreeing to the terms

By creating an Account and using the Services you agree to the Terms. Please make sure that you have read and understood the Terms beforehand. If you do not agree to these Terms, you must not create an Account or use the Services.

Definitions

"Account" means the account that you register and create on the Site and/or in the App.

"App" means our application accessible via computer or mobile device relating to the Services.

"Contact Information" means the information set out above.

"Functions" means the Site, the App, your Account and the Services, jointly.

"Privacy Policy" means our Privacy Policy (https://lexplore.com/privacy) which describes how we process your personal data.

"Services" means the services described under section "Services" below which we have made available through the Site and the App, together with any such other related goods, equipment, services and information made available by us to you.

"Site" means our website (https://lexplore.com) relating to the Services.

"Third Party Applications" means, in these Terms, online, web-based applications and offline software products or services that are a) provided by third parties, b) interoperate with us, and c) may be either separate or integrated with us and whether or not such are indicated by us as being third-party applications.

"Subscription Period" is defined under section "Term and termination" below.

SERVICES

Description of the services

We provide Lexplore is an all-in-one service for systematic reading development. We offer assessment, insights and development in one place to support systematic reading development in primary and secondary school. (the "Services"). More information about the Services can be found on the Site and in the App.

Setting up an account

For ordering of the Services, you must create an Account. You are not allowed to transfer the Account to others, and you may only sign up one (1) Account. Once an Account has been successfully created, and payment has been made where prepayment is required, the Services will be available and ready to use or order, as instructed on the Site and in the App.

Order Services

The Services shall be ordered in accordance with the instructions on the Site and the App.

Our confirmation of your order will take place when we email you and/or send you a confirmation in the App, at which point a contract will come into existence between you and us.

Delivery of services

During the order process we will let you know when and where we will provide the Services to you.

Instructions about delivery of products included in the Services will be provided during the order process.

As regards installation of products, we will agree on timing separately with you.

YOUR OBLIGATIONS

Eligible customers

We offer the Services to companies and other legal entities. You warrant that you are authorised to enter into these Terms on the behalf of the legal entity as well as to use all Functions.

These Terms constitute the entire agreement between us in relation to the Services. You warrant that the persons ( e.g. employees and representatives) you authorise to create Accounts and use the Services have read and understand the Terms. You are at all times responsible for the use of Services under these Terms, including by such persons - as if it was you using the Services.

Use of the functions

When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site or the App other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.

You also agree not to:

Defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;
Publish, post or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;
Contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us, the Site and/or the App in any way;
Monitor the Services' availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services' features or user interface; or
Resell or in any way redistribute results generated in the Site and/or the App or use the Services in order to create a competing service or product.

We may have to suspend the supply of any of the Functions to:

Deal with technical problems or make minor technical changes; or
Update changes to the Functions to reflect changes in applicable laws regulatory requirement.

We will contact you in advance in the event we need to suspend the supply of any Service. This does not apply if the problem is urgent or an emergency.

We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.

Your provision of content

The Site and/or the App include(s) functions for uploading and storing of files and other information provided or created by you ("Content"). You are responsible for all distribution and other actions by you and in your.

By adding Content to the Site and/or the App, you warrant that you are a) the owner of the uploaded Content or b) entitled to manage the Content in such way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site and/or the App.

By adding Content to the the Site and/or the App, you are aware that, depending on the settings of your Account, such Content might be shared with others. We do not take any responsibility with regards to the validity of Content provided or created by you.

PRICES AND PAYMENT

Price information

Payment for use of the Services are made periodically in advance or in arrears. Each payment will cover a Subscription Period during which you will have access to the Services.

You must pay all applicable fees as set out and described on the Site and/or the App for the Services that you have selected. The prices for the Services are set out on the Site and/or in the App and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be the price indicated on the order pages when you placed your order.

We have the right to change the prices for the Services. If we change the prices, we will notify you in advance. Price changes will take effect at the start of the Subscription Period following the date the prices where changed. By continuing to use or access the Services after the price changes come into effect, you agree to be bound by the new charges. You are entitled to cancel your subscription at any time, and you will continue to have access to the Services throughout your current Subscription Period. If you have been offered Services for a specific term and price, that price will remain in force for that agreed time.

Payment information

Payment for the Services can be made in accordance with what is set out below.

We offer payments by way of invoice.

We may invoice you for the Services in advance or in arrears, with the frequency agreed for the period contracted. You agree that we may issue electronic invoices, which will be sent to the email address you have provided in your Account. You must keep the payment information provided to us accurate and up-to-date.

We are entitled to perform a credit control when this is needed in order to be able to offer you a credit period.

You agree to pay within the set time for the payment method you choose. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after due date can entail late payment fees and interest.

Refunds

Unless otherwise expressly set out in these Terms, we do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of your dissatisfaction with the Products and/or the Functions.

TERM AND TERMINATION

Initial Term

The initial term set out in this Order Form, or in absence of such definition, 12 months from the start date (the creation of an Account with us).

Commencement and duration

This Contract shall commence on the Start Date

Unless terminated earlier in accordance with the termination clause below this Contract shall continue for the Initial Term and shall automatically extend for an Extended Term both at the end of the Initial Term and at the end of each Extended Term.

Termination

A party may give written notice to the other party, not later than 90 days before the end of the Initial Term or the relevant Extended Term, to terminate this Contract at the end of the Initial Term or the relevant Extended Term, as the case may be.

Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.

Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

Early termination

We reserve the right to terminate the contract with you if you:

Breach or otherwise violate these Terms or any other provisions set up by us; or
Use the Site, the App or the Services in any way that does not comply with the intended purposes or is otherwise harmful for us or any third person.

OUR LIABILITY

Liability

Our liability to you will be limited as follows:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Services under the applicable order/contract.

Cancellation

We are not liable for damages unless you notify us in writing thereof no later than three (3) months after you noticed or should have noticed, the actual damage, however no later than six (6) months from when the damage occurred.

Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

CONFIDENTIALITY

During the term of these Terms and thereafter, the parties undertake not to disclose to any third party information regarding these Terms, nor any other information that the parties have learned as a result of these Terms, whether written or oral and irrespective of form ("Confidential Information").

The parties agree and acknowledge that the Confidential Information may be used solely for the fulfillment of the obligations under these Terms and not for any other purpose. The receiving party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.

The confidentiality undertaking above shall not apply to any Confidential Information that the Receiving Party can establish is or becomes available to the public (otherwise than by breach of this Agreement or any other confidentiality undertaking.

Each party also undertakes to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force three (3) years the termination of the Terms.

CHANGES & ADDITIONS

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email or via the App.You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Site. Amendments to the terms and conditions become effective the business day following the day they are posted.

All new functionalities, features and content introduced and added to the Services, the Site or the App will be subject to what is stipulated in the Terms.

COMPLAINTS AND CUSTOMER SUPPORT

If you have any complaints, please contact our support department by sending an email to support@lexplore.com.

PRIVACY

You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services. You also acknowledge that we are considered as your data processor; therefore, by agreeing to the terms we enter into the data processing agreement (Appendix DPA), which shall remain in effect for as long as we process personal data on your behalf.

More information about how we process personal data can be found in our Privacy Policy.

PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

Our rights

The Site and the App are owned and operated by Lexplore. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.

License

Lexplore grants you a non-exclusive right and licence to use the Site, the App and the Services for the sole purpose of us providing the Site, the App and the Services to you. Upon expiry or termination of this agreement, this right and licence shall end.

Respect for our property

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or other information for any purposes.

Respect for our intellectual property

The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.

GOVERNING LAW AND DISPUTES

Swedish law shall apply to these Terms.

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by by the competent ordinary court.