Terms and Conditions – nexalearn.no

NexaLearn Customer Agreement – General Terms and Conditions

The following terms apply to users who have completed one or more orders after 30.07.2024.

Introduction

Welcome to NexaLearn! We are pleased that you have chosen our services for your learning needs. By registering and using our services, you accept these terms and conditions. Please read through them carefully before using our services, as they contain important information about your rights and obligations as a customer.

This agreement governs the relationship between you, the customer (“Customer”), and NexaLearn Hamzaoui, registered in the Brønnøysund Register Centre in Norway with organization number [org.no. 933 155 765] (“NexaLearn”). The agreement ensures that both parties agree on how learning activities should be delivered and utilized.

Chapter 1 – The Agreement Relationship

1-1: The Parties This agreement and its attachments (“Agreement”) are entered into between the purchaser of the learning activity (“Customer”) and NexaLearn Hamzaoui, registered in the Brønnøysund Register Centre in Norway with organization number [org.no. 933 155 765] (“NexaLearn”). The Customer and NexaLearn are hereinafter referred to individually as “Party” and collectively as “Parties.”

1-2: Scope of the Agreement The agreement outlines the terms applicable to the contractual relationship between the Customer and NexaLearn. It covers all aspects of the delivery of learning activities, including access, usage, payment, and termination of services.

1-3: Purpose The purpose of the agreement is to facilitate the delivery of learning activities to the Customer by NexaLearn. This includes both planned and tailored teaching sessions, as well as access to learning resources via our platform and app.

1-4: Acceptance of the Agreement This agreement becomes binding when the Customer accepts it. Acceptance can occur via electronic signature, by checking a box for approval during registration on NexaLearn’s website, or by actually using the services.

Chapter 2 – Definitions

2-1: Learning Activities Learning activities refer to all types of teaching and training offered by NexaLearn, including but not limited to:

Live Sessions: Interactive teaching sessions conducted in real-time between instructor and student.
Courses: Structured learning programs that may include multiple live sessions, assignments, and assessments.
Video Courses: Pre-recorded teaching sessions that students can view anytime.
Assignments: Written or practical exercises intended to supplement the learning process.
Chat Collaboration: Direct messaging between students and the instructor or between students.
Competitions: Activities that promote learning through competition-based tasks and tests.

2-2: Instructor An instructor is a physical person or a legal entity that has entered into an agreement with NexaLearn to deliver learning activities. Instructors may be employed by NexaLearn or external providers who collaborate with NexaLearn to offer their services.

2-3: Customer The customer refers to the person who has entered into an agreement with NexaLearn to receive learning activities. This may include both the person purchasing the service and any third parties for whom the service is delivered, such as children under 18 years where guardians manage the account.

2-4: Guardian A guardian is an adult who has legal responsibility for a minor student and manages the enrollment and purchase of courses on behalf of the student.

2-5: Platform The platform refers to NexaLearn’s digital learning environment, including the website and mobile application, used to access learning activities, manage courses, and communicate with instructors.

2-6: Personal Data Personal data refers to all information that can be linked to an individual, such as name, contact information, payment details, and any other information that can identify a person directly or indirectly.

Chapter 3 – Duration and Termination of the Agreement

3-1: Binding Effect of the Agreement The agreement is binding from the time the Customer accepts it. Acceptance can occur via electronic signature, by checking a box for approval during registration on NexaLearn’s website, or by actual use of the services.

3-2: Duration The agreement applies until terminated by either party in accordance with the terms described in this Agreement.

3-3: Termination of Teaching

Group Teaching: The Customer can cancel participation in group teaching with one month’s notice. The cancellation must be communicated in writing to NexaLearn at least one month before the desired termination date or by accessing the app and terminating the course directly as an administrator or guardian.
Private Teaching: The Customer can cancel private teaching with one month’s notice. The cancellation must be communicated in writing to NexaLearn at least one month before the desired termination date or by accessing the app and terminating the course directly as an administrator or guardian.

3-4: Right of Withdrawal In accordance with the Right of Withdrawal Act, the Customer has the right to cancel the purchase within 14 days of entering into the Agreement. If cancellation occurs within the first 14 days of the course period (4 teaching hours), the full amount for the course will be refunded. If training has started within this period, NexaLearn may charge for the part of the service that has already been provided. If the withdrawal period expires without the Customer exercising the right of withdrawal, a one-month notice period applies for terminating the course.

3-5: Termination of Service Upon termination by the Customer, access to NexaLearn’s services will cease after the notice period expires. All data associated with the Customer’s account will be deleted or anonymized within six months following the termination of the service, in accordance with NexaLearn’s privacy guidelines.

3-6: Breach of Agreement In case of a significant breach of the agreement by one of the Parties, the other Party has the right to terminate the agreement with immediate effect. Significant breaches include but are not limited to:

Non-payment
Misuse of the service
Violation of the terms described in this Agreement
Harassment, discrimination, or unethical behavior towards other students or instructors, including conduct that creates a hostile, threatening, or uncomfortable environment for others, either through the platform or in connection with services offered by NexaLearn

Chapter 4 – Access to Learning Activities

4-1: Facilitation NexaLearn is committed to facilitating the Customer’s access to the agreed learning activities provided by NexaLearn. NexaLearn reserves the right to make changes to the offered learning activities, including updates to content, schedules, and instructors, to ensure the best learning experience for the Customer.

4-2: Responsibility for Third Parties If the Customer has entered into this Agreement on behalf of another person receiving learning activities, the Customer is responsible for that person’s actions and omissions as if they were the Customer’s own. This includes ensuring that the user follows all relevant rules and guidelines set by NexaLearn.

4-3: Platform Access The Customer accesses the learning activities through NexaLearn’s website and mobile app. The Customer is responsible for ensuring that all necessary technical requirements are met to use the platform, including a stable internet connection, a compatible device, and updated software.

4-4: Security and Privacy NexaLearn takes the necessary precautions to protect the platform’s security and the personal data processed on it. This includes using encryption, secure logins, and regular security updates. The Customer is responsible for keeping their login information confidential and reporting any suspected unauthorized use of their account to NexaLearn.

4-5: Misuse of Access The use of the platform must be in accordance with NexaLearn’s guidelines and terms. Misuse of access, including hacking, sharing illegal or unauthorized content, harassment, or other inappropriate behavior, may result in immediate suspension or termination of the Customer’s access to the platform, as well as potential legal action.

4-6: Maintenance and Updates NexaLearn reserves the right to perform maintenance and updates on the platform. NexaLearn will strive to inform the Customer of planned maintenance in advance but cannot be held responsible for any interruptions or delays resulting from necessary maintenance.

Chapter 5 – Payment

5-1: Payment Obligations The Customer is obligated to pay NexaLearn for completed learning activities and other services according to the applicable price agreed upon. The payment obligation takes effect upon registration and enrollment in courses or learning activities.

5-2: Payment Methods Payment for learning activities shall be made using the payment solution applicable to the current offer of learning activities. NexaLearn accepts payment by credit card through Stripe as a payment partner. The first payment occurs upon registration, and thereafter, payments are automatically deducted each month on the 25th for the upcoming month. For example, payment for April will be deducted on March 25th.

5-3: Monthly Course Fee Courses are invoiced monthly as a fixed course fee, and the Customer is automatically charged for the next month on the 25th of the ongoing period. The Customer can cancel the course with one month’s notice by submitting written notice or by canceling the course directly in the app as an administrator or guardian.

5-4: Failed Payment If a payment cannot be processed, the Customer will be notified and given the opportunity to update their payment information. The Customer must complete the payment within 14 days of receiving notice of failed payment. If payment is still not made, the student will be unenrolled from the course and lose access to the learning app and content. NexaLearn reserves the right to charge interest on delayed payments in accordance with the Late Payment Act.

5-5: Price Changes NexaLearn reserves the right to change prices for learning activities. The Customer will be notified of any price changes at least one month before they take effect. The current prices will always be available on NexaLearn’s website or by contacting post@nexalearn.no.

5-6: Refund and Cancellation

Right of Withdrawal: In accordance with the Right of Withdrawal Act, the Customer has the right to cancel the purchase within 14 days of entering into the Agreement. If cancellation occurs within the first 14 days of the course period (4 teaching hours), the full amount for the course will be refunded. If training has started within this period, NexaLearn may charge for the part of the service that has already been provided.
Cancellation: The Customer may cancel the service with one month’s notice, and any refunds will be processed in accordance with this Agreement. The refund will be returned to the original payment method within 14 days after the cancellation is received and processed.

5-7: Future Services NexaLearn reserves the right to introduce new services in the future, such as issuing invoices or certificates. The Customer will be informed of such additional services and any associated costs in advance.

Chapter 6 – Use of NexaLearn’s Website and App

6-1: Access and Use of the Platform This agreement grants the Customer the right to access and use NexaLearn’s website and mobile app to participate in learning activities. The Customer is obliged to follow all guidelines and terms described in this agreement when using the platform.

6-2: Account Creation and Administration The Customer can create and modify parent and student accounts on NexaLearn’s website and app. Guardians who create accounts for minor students are responsible for managing these accounts and ensuring that all information is accurate and up-to-date.

6-3: Publishing Content The Customer has the right to post, modify, and remove their own comments, evaluations, and ratings on NexaLearn’s website. The Customer must ensure that all content published complies with NexaLearn’s guidelines and does not contain inappropriate, threatening, or illegal material. NexaLearn reserves the right to modify or remove comments or other publications that violate the guidelines at any time.

6-4: Security and Confidentiality The Customer is responsible for keeping their login information confidential and preventing unauthorized access to their account. If unauthorized use of the account is suspected, the Customer must immediately notify NexaLearn.

6-5: Misuse of the Platform The use of the platform must comply with NexaLearn’s guidelines and terms. Any form of misuse, including hacking, sharing illegal or unauthorized content, harassment, or other inappropriate behavior, may result in immediate suspension or termination of the Customer’s access to the platform, as well as potential legal action.

6-6: Disclaimer for User Content NexaLearn is not responsible for content published by users on the platform. The Customer is solely responsible for their statements, actions, and other content posted on NexaLearn’s website and app.

6-7: Maintenance and Updates NexaLearn reserves the right to carry out maintenance and updates of the platform. NexaLearn will strive to inform the Customer of planned maintenance in advance but cannot be held responsible for any interruptions or delays resulting from necessary maintenance.

6-8: Access to Learning Resources The Customer gains access to NexaLearn’s learning resources and activities through the platform. This access is limited to personal use and should not be shared with unauthorized third parties.

Chapter 7 – Disclaimer of Liability

7-1: General Disclaimer NexaLearn provides its services “as-is” and “as available,” without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NexaLearn does not guarantee that the services will be uninterrupted, error-free, or completely secure, and is not responsible for any errors, interruptions, data loss, or other issues that may arise while using the services.

7-2: Responsibility for User Actions The Customer is solely responsible for their own statements, actions, and behavior associated with using NexaLearn’s services. NexaLearn is not liable for damages, losses, or other consequences resulting from the Customer’s or a third party’s actions, including but not limited to harassment, discrimination, or inappropriate behavior.

7-3: Responsibility for Instructor Actions Instructors providing services through NexaLearn are employed by our partner, ScandiTek. All teachers are authorized and have undergone a thorough selection process. NexaLearn is responsible for the quality of teaching delivered by these instructors. Any complaints or disputes related to instructors should be directed to NexaLearn, which will work with ScandiTek to resolve the issue.

7-4: Limitation of Liability Under no circumstances shall NexaLearn, its employees, agents, partners, or suppliers be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising from the use or inability to use the services, even if NexaLearn has been informed of the possibility of such damages.

7-5: Exceptions for Mandatory Liability Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability for consequential or incidental damages, which means some of the above limitations may not apply to certain users. In such jurisdictions, NexaLearn’s liability will be limited to the extent permitted by law.

7-6: Notifications of Violations and Other Illegal Activities NexaLearn will cooperate with law enforcement and other relevant agencies in investigating alleged violations of the law. The Customer agrees to report all cases of infringement, illegal activities, or breaches of this Agreement to NexaLearn immediately.

7-7: Remedies In the event of a breach of this Agreement, NexaLearn has the right to suspend or terminate the Customer’s access to the services without notice and to take legal action to protect its rights and interests. NexaLearn also reserves the right to seek compensation for financial losses, legal costs, and other relevant expenses resulting from the Customer’s breach of this Agreement.

Chapter 8 – Intellectual Property Rights

8-1: Ownership of Content NexaLearn holds all rights to the content associated with NexaLearn, including but not limited to text, graphics, logos, images, audio clips, video, digital downloads, data, and software. These rights are protected by Norwegian and international copyright, trademark rights, and other laws protecting intellectual property.

8-2: Limited License to Use Except for the usage rights expressly granted to the Customer through this Agreement, the Customer obtains no rights to services or other content associated with NexaLearn. NexaLearn grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the services and content solely for personal and non-commercial use, in accordance with the terms of this Agreement.

8-3: Prohibition of Unauthorized Use The Customer is not entitled to copy, reproduce, distribute, transfer, display, perform, publish, license, modify, create derivative works from, or sell any part of the content or services of NexaLearn without express written prior consent from NexaLearn. Any unauthorized use of the content may result in civil or criminal consequences.

8-4: Use of Customer’s Content By publishing content on NexaLearn’s platform, the Customer grants NexaLearn a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform such content in connection with the delivery of the services. The Customer confirms and guarantees that they have all necessary rights to grant this license.

8-5: Intellectual Property Rights of Third-Party Material NexaLearn may include content, data, or materials from third parties licensed for use in our services. These third-party materials are subject to the intellectual property rights of their respective owners. The Customer shall not remove, alter, or cover any copyright notices, trademarks, or other proprietary rights included in or accompanying such third-party materials.

8-6: Prior Consent for Use of NexaLearn’s Content NexaLearn may provide the Customer with prior written consent to use content belonging to NexaLearn. If the Customer uses NexaLearn’s content without such consent, the Customer may lose the right to further learning activities and be held liable for any losses or damages resulting from unauthorized use.

8-7: Violation of Intellectual Property Rights In the event of a violation of intellectual property rights owned or controlled by NexaLearn, NexaLearn reserves the right to take necessary measures to protect its rights, including legal actions to claim compensation for financial losses, legal costs, and other relevant expenses.

Chapter 9 – Changes to the Agreement

9-1: NexaLearn’s Right to Change the Agreement NexaLearn reserves the right to change this Agreement at its discretion. Such changes may be necessary to reflect updates in legislation, changes in services, or to address new security risks and features.

9-2: Notification of Changes The Customer will be notified of significant changes to the Agreement at least one month before they take effect. Notification will occur via email to the address provided by the Customer at registration and/or through a notice on NexaLearn’s website and app. Minor changes may be made without notice, but NexaLearn will strive to inform the Customer appropriately.

9-3: Customer’s Responsibility Regarding Changes It is the Customer’s responsibility to regularly review the current terms of the Agreement. Continued use of the services after changes have taken effect will be considered acceptance of the revised terms. If the Customer does not accept the changes, they must discontinue their use of the services and terminate the Agreement in accordance with § 3-3.

9-4: Change History NexaLearn will maintain a history of significant changes to the Agreement, which will be available to the Customer upon request. This ensures that the Customer can track previous versions of the Agreement and understand the evolution of the terms over time.

9-5: Temporary Changes NexaLearn reserves the right to implement temporary changes or modifications to the Agreement to address emergencies or other unforeseen circumstances. Such temporary changes will take effect immediately, and NexaLearn will inform the Customer as soon as possible after the changes are implemented.

9-6: Customers’ Opportunity to Propose Changes The Customer may propose changes to the Agreement by contacting NexaLearn in writing. NexaLearn will consider all proposals and, at its discretion, decide whether the suggested changes should be implemented. Any approved changes will be communicated to all customers according to the procedure described in § 9-2.

Chapter 10 – Confidentiality

10-1: General Confidentiality The Parties to this Agreement are obligated to treat all information exchanged in connection with this Agreement as confidential. This includes but is not limited to technical, commercial, and financial information, as well as personal data and other information that the Parties have marked as confidential, or that should reasonably be understood as confidential.

10-2: Processing of Personal Data NexaLearn and the Customer undertake to process personal data in accordance with GDPR (General Data Protection Regulation) and relevant Norwegian legislation. NexaLearn will implement and maintain the necessary technical and organizational security measures to protect personal data against unauthorized access, loss, destruction, or alteration. All data is stored in Europe, and NexaLearn ensures that personal data is processed in accordance with European privacy standards.

10-3: Limitation of Access Access to confidential information shall be restricted to those who need such access to fulfill their obligations under this Agreement. The Parties shall ensure that their employees, representatives, and any subcontractors who have access to confidential information are subject to equivalent confidentiality obligations as those described in this Agreement.

10-4: Exceptions to Confidentiality Confidentiality does not apply to information that:

Was publicly known at the time it was received or later became publicly known without breach of this Agreement;
Was known to the recipient from a third party who had the legal right to disclose it;
The recipient already knew without confidentiality obligations before receiving it from the other Party;
The recipient independently developed without using or referring to the confidential information received from the other Party;
Must be disclosed pursuant to law, regulation, court order, or other governmental directive.

10-5: Breach of Confidentiality

Any unauthorized disclosure or use of confidential information will be considered a significant breach of this Agreement. The affected Party has the right to take all necessary legal actions, including claims for compensation for direct and indirect losses, as well as costs related to enforcing the rights under this Agreement.

10-6: Duration of Confidentiality The confidentiality obligations specified in this Agreement shall apply both during the Agreement’s term and after its termination. Confidentiality will cease five (5) years after the Agreement has ended unless otherwise agreed in writing between the Parties.

10-7: Return and Deletion of Information Upon the termination of the Agreement, or at the request of the other Party, each Party must immediately return or delete all confidential information received from the other Party, including all copies and reproductions of such information, unless other processing is required by law or regulation.

Chapter 11 – Processing of Personal Data

11-1: Collection and Use of Personal Data NexaLearn collects and uses personal data about the Customer to the extent necessary to manage this Agreement, invoice or process payments, operate services, and deliver learning activities. Personal data may include, but is not limited to, name, contact information, payment details, and user history. NexaLearn processes personal data in accordance with GDPR and relevant Norwegian legislation.

11-2: Storage and Protection of Data All personal data is stored in Europe, and NexaLearn ensures that the data is processed in accordance with European privacy standards. NexaLearn implements and maintains necessary technical and organizational security measures to protect personal data against unauthorized access, loss, destruction, or alteration.

11-3: Access and Sharing of Personal Data Access to personal data is limited to employees, representatives, and subcontractors who need such access to fulfill their obligations under this Agreement. NexaLearn does not share personal data with third parties without the Customer’s express consent unless required by law or necessary to deliver the services (e.g., sharing with payment providers like Stripe).

11-4: Updating Personal Data The Customer is responsible for ensuring that information about themselves and/or the student for whom they order learning activities is up-to-date and accurate. NexaLearn provides the Customer access to update their personal data via the platform.

11-5: Use of Data for Analysis and Improvement Data that NexaLearn collects about the Customer may be used for statistics and analysis, as well as testing new systems or software. NexaLearn will ensure that all data is anonymized before being used for such purposes, unless the Customer has given explicit consent for other use.

11-6: Rights Under GDPR The Customer has the right to access, rectify, delete, restrict processing, data portability, and object to the processing of their personal data in accordance with GDPR. To exercise these rights, the Customer can contact NexaLearn at post@nexalearn.no.

11-7: Duration of Storage Personal data is stored as long as necessary to fulfill the purposes for which it was collected or as long as required by law. NexaLearn will delete or anonymize personal data within six (6) months after the Agreement has ended, unless otherwise required by law.

11-8: Complaints If the Customer believes that NexaLearn processes personal data in violation of GDPR or other applicable laws, the Customer has the right to file a complaint with the Norwegian Data Protection Authority or another relevant supervisory authority.

Chapter 12 – Disclosure of Information

12-1: Disclosure by Legal Requirement NexaLearn may disclose personal data about the Customer if such disclosure is required by law, follows a court order, or is necessary to comply with requests from public authorities. In such cases, NexaLearn will attempt to notify the Customer of the disclosure unless this is prohibited by law.

12-2: Disclosure with Consent NexaLearn may disclose personal data to third parties if the Customer has given explicit prior consent to such disclosure. The Customer can withdraw their consent at any time by contacting NexaLearn at post@nexalearn.no.

12-3: Disclosure to Service Providers NexaLearn may disclose personal data to service providers who perform services on behalf of NexaLearn, such as payment processing, data analysis, customer service, and marketing support. These service providers will only have access to personal data to the extent necessary to perform their services and are obligated to protect personal data in accordance with this Agreement and applicable legislation.

12-4: Disclosure for Protection of NexaLearn and Third Parties NexaLearn may disclose personal data when we believe in good faith that disclosure is necessary to protect the rights, property, or safety of NexaLearn, our customers, or others. This may include disclosure to prevent fraud or reduce credit risk.

12-5: Anonymized and Aggregated Information NexaLearn may share anonymized and aggregated information that cannot be used to identify individual customers with third parties for research, marketing, analysis, or other purposes. This type of data is not considered personal data and is therefore not subject to the same requirements for confidentiality and privacy.

12-6: International Data Transfer If NexaLearn transfers personal data outside the EEA (European Economic Area), NexaLearn ensures that such transfer is in accordance with GDPR and other applicable legislation. This may include the use of standard contractual clauses approved by the European Commission or ensuring that the recipient country offers an adequate level of protection for personal data.

Chapter 13 – NexaLearn’s Access to Correspondence

13-1: General Access NexaLearn has access to information exchanged between the Customer and instructors or any third parties in connection with services provided by NexaLearn. This includes but is not limited to all messages, emails, documents, and other material exchanged via NexaLearn’s platform.

13-2: Purpose of Access NexaLearn may access this correspondence to:

Ensure the quality of the services provided.
Resolve disputes between the Customer and instructors or third parties.
Monitor to prevent misuse of the platform, including violations of guidelines, harassment, or other unwanted behavior.
Comply with legal requirements and regulations.

13-3: Security and Confidentiality All correspondence accessed by NexaLearn is treated confidentially and in accordance with applicable privacy legislation. NexaLearn will implement necessary technical and organizational measures to protect information against unauthorized access, loss, destruction, or alteration.

13-4: Limitation of Access Access to correspondence is limited to employees, representatives, or subcontractors who need such access to fulfill their obligations under this Agreement. These individuals are subject to strict confidentiality obligations.

13-5: Storage of Correspondence Correspondence between the Customer and instructors or third parties will be stored as long as necessary to fulfill the purposes mentioned in § 13-2 or as long as required by law. NexaLearn will delete or anonymize correspondence within six (6) months after the Agreement has ended, unless other processing is required by law.

13-6: Access to Own Correspondence The Customer has the right to request access to their own correspondence stored by NexaLearn. To exercise this right, the Customer can contact NexaLearn at post@nexalearn.no. NexaLearn will process the request in accordance with applicable privacy legislation and internal guidelines.

13-7: Complaints and Disputes If the Customer has complaints or is involved in a dispute related to correspondence, they can contact NexaLearn to have the matter reviewed and resolved. NexaLearn will handle such cases with high priority and seek to find a satisfactory solution for all parties involved.

Chapter 14 – Breach of Contract

14-1: Definition of Breach A breach of this Agreement occurs when one of the Parties fails to fulfill their obligations under the Agreement or acts contrary to the terms and conditions set forth herein. This includes, but is not limited to, non-payment, misuse of the service, breach of confidentiality obligations, and violation of NexaLearn’s platform usage guidelines.

14-2: Notice of Breach If one Party believes that the other Party has breached the Agreement, they must provide written notice to the other Party, including a detailed description of the breach. The Party receiving the notice must immediately take action to correct the breach within a reasonable period, which should not exceed 30 days from receiving the notice.

14-3: Rights in Case of Breach If the breach is not remedied within the specified period, the non-breaching Party has the right to:

Terminate the Agreement: Terminate the Agreement with immediate effect by giving written notice to the breaching Party.
Claim Compensation: Seek compensation for direct and documentable losses resulting from the breach.
Initiate Legal Action: Take necessary legal action to protect their rights and interests.

14-4: Breach by the Customer If the Customer breaches their obligations, including non-payment or misuse of the service, NexaLearn has the right to:

Suspend the Customer’s access to the services until the breach is remedied.
Terminate the Agreement with immediate effect if the breach is not corrected within 30 days of the written notice.
Claim payment for any outstanding amounts and accrued interest in accordance with the Late Payment Act.

14-5: Breach by NexaLearn If NexaLearn breaches its obligations, the Customer has the right to:

Terminate the Agreement with immediate effect if the breach is not corrected within 30 days of the written notice.
Claim compensation for direct and documentable losses resulting from the breach.
Take necessary legal action to protect their rights and interests.

14-6: Force Majeure Neither Party shall be held responsible for breach of this Agreement due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, riots, epidemics, governmental orders, or other unforeseen events that prevent the fulfillment of the Agreement (Force Majeure). The affected Party shall promptly inform the other Party of such circumstances and make every effort to minimize the impact of the event.

14-7: Termination for Significant Breach In the event of a significant breach of this Agreement by one of the Parties, the other Party has the right to terminate the Agreement with immediate effect and claim compensation for direct and documentable losses. Significant breach includes, but is not limited to, repeated violations of payment obligations, serious breaches of confidentiality obligations, and other material breaches of the Agreement’s terms.

Chapter 15 – Compensation and Redress

15-1: Right to Compensation If one of the Parties breaches their obligations under this Agreement, resulting in financial losses for the other Party, the non-breaching Party has the right to seek compensation for such losses. Compensation shall cover direct, documentable losses that are a foreseeable consequence of the breach.

15-2: Calculation of Compensation The compensation amount shall be calculated based on the actual damage or loss incurred as a result of the breach. The Parties must document and justify their compensation claims. Indirect losses, consequential damages, or losses that are difficult to document will not be compensated.

15-3: Redress In addition to financial compensation, the non-breaching Party may seek redress for non-economic damages resulting from significant or gross breaches of the Agreement. Redress may cover damage to reputation, loss of goodwill, or other non-material damages directly caused by the breach.

15-4: Limitation of Liability The Parties’ annual compensation and redress claims against each other are limited to an amount equivalent to the Customer’s total payments to NexaLearn for the last six (6) months before the claim was submitted. NexaLearn is not liable for indirect losses, including but not limited to lost profits, data loss, or other consequential damages.

15-5: Exceptions to the Limitation of Liability The liability limitations in § 15-4 do not apply if the breach is due to gross negligence, intentional actions, or a breach of confidentiality obligations. In such cases, the non-breaching Party may claim full compensation for all direct and indirect losses resulting from the breach.

15-6: Deadline for Compensation Claims The Party seeking compensation must ensure that the other Party receives the claim within twelve (12) months after the breach of the Agreement occurred or became known. If this deadline is not met, the compensation claim will lapse. Compensation claims will, in any event, lapse three (3) years after the breach occurred.

15-7: Dispute Resolution In case of a dispute over compensation claims, the Parties shall attempt to resolve the conflict amicably through negotiations. If this does not succeed, either Party may bring the case before the ordinary courts, as per § 16-2.

Chapter 16 – Disputes and Governing Law

16-1: Attempts at Amicable Resolution The Parties commit to attempting to resolve any disputes arising in connection with this Agreement amicably through negotiations. If the Parties cannot reach an agreement through negotiations, the dispute may be referred to mediation or another alternative dispute resolution method by mutual agreement.

16-2: Governing Law This Agreement and the Parties’ rights and obligations in connection with the Agreement are governed by Norwegian law. This applies regardless of any conflicts of law that may arise.

16-3: Jurisdiction If the dispute cannot be resolved through amicable negotiations or alternative dispute resolution, any dispute, disagreement, or claim arising from or in connection with this Agreement, including disputes about the Agreement’s validity, interpretation, breach, fulfillment, or termination, shall be brought before the ordinary courts. Oslo District Court is agreed as the proper legal venue.

16-4: Irrevocable Consumer Rights If the Customer is a consumer, mandatory rights under consumer law apply, and nothing in this Agreement shall be interpreted as limiting the Customer’s rights under consumer law. Any disputes involving consumer rights may also be brought before the Consumer Complaints Board if relevant.

16-5: Right to Interim Injunctions Nothing in this Agreement shall prevent either Party from seeking interim injunctions or other provisional legal remedies from a competent court to protect their rights and interests until a final decision is made.

Chapter 17 – Specific Provisions Regarding Third Parties

17-1: Software and Services from Third Parties NexaLearn uses technology and a platform provided by our partner, ScandiTek, to offer teaching services. Additionally, NexaLearn may integrate or use software and services provided by third parties, such as:

Stripe: For payment processing.

The Customer is responsible for complying with the terms set by the respective providers of these third-party services.

17-2: Responsibility for Service Delivery Although NexaLearn uses third-party providers like ScandiTek to deliver teaching services, NexaLearn is fully responsible for ensuring that the services are delivered in accordance with the agreement between NexaLearn and the Customer. NexaLearn assumes responsibility for the quality of the teaching and services delivered through ScandiTek.

17-3: Responsibility for Third-Party Content NexaLearn is responsible for content, products, and services delivered by third parties integrated into NexaLearn’s platform. This includes but is not limited to content provided by instructors employed by NexaLearn’s partner, ScandiTek. NexaLearn takes necessary precautions to ensure that all third-party providers meet high standards for quality and safety.

17-4: Consent to Share Information with Third Parties The Customer consents that NexaLearn may share necessary information with third-party providers to enable service delivery, payment processing, customer support, and other related purposes. NexaLearn ensures that such third parties are obligated to process the information in accordance with applicable privacy laws and this Agreement.

17-5: Limited Liability for Third-Party Software NexaLearn cannot be held liable for any problems or damages arising from the use of third-party software or services, including but not limited to compatibility issues, security vulnerabilities, or data loss. The Customer uses such software and services at their own risk.

17-6: Changes in Third-Party Services Third-party providers may, from time to time, change, suspend, or terminate their services. NexaLearn will strive to inform the Customer of such changes that affect the services provided through NexaLearn’s platform but cannot be held responsible for the consequences of such changes.

17-7: Selection of Third-Party Providers NexaLearn reserves the right to select, change, or terminate cooperation with third-party providers at its discretion. NexaLearn will strive to inform the Customer of significant changes to third-party providers that may affect the services.

Chapter 18 – Termination and Dissolution of the Agreement

18-1: Termination by the Customer The Customer may terminate this Agreement with one month’s notice by submitting a written termination to NexaLearn or by canceling the course directly in the app as an administrator or guardian. Upon termination, access to NexaLearn’s services will cease after the notice period expires.

18-2: Termination by NexaLearn NexaLearn may terminate this Agreement with one month’s notice by providing written notice to the Customer. NexaLearn may also terminate the Agreement with immediate effect if the Customer significantly breaches their obligations, including but not limited to non-payment or misuse of the services.

18-3: Dissolution of Services Upon termination of the Agreement, NexaLearn will dismantle all services associated with the Customer within six (6) months. This includes deleting or anonymizing all personal data and correspondence in accordance with NexaLearn’s privacy guidelines and applicable legislation.

18-4: Refunds and Cancellations If the Agreement is terminated by either the Customer or NexaLearn, any prepaid course fees for periods following the end of the notice period will be refunded to the Customer. Refunds will be processed and returned to the original payment method within 14 days after the termination becomes effective.

18-5: Continuing Obligations Provisions in this Agreement that by their nature are intended to survive after the termination of the Agreement shall remain in effect. This includes, but is not limited to, provisions on confidentiality, liability, compensation, and dispute resolution.

18-6: Notice of Termination Upon termination of the Agreement, NexaLearn will provide the Customer with written confirmation that the Agreement has been terminated and inform them of the measures taken under § 18-3. The Customer will also receive information on how any refunds will be processed.

18-7: Force Majeure Neither Party shall be held liable for failure to fulfill their obligations under this Agreement if such failures are a direct result of circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, riots, epidemics, governmental orders, or other unforeseen events that prevent the fulfillment of the Agreement. The affected Party shall promptly inform the other Party of such circumstances and make every effort to minimize the impact of the event.