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Terms of Service

Revised: 2020-10-26

1. General

1.1. These Terms are related to your access to the electronic education material Binogi (the “Service”) through the Binogi mobile applications ("Apps") provided by Binogi AB ("Binogi", "us", or "we"), org.nr 556852-7823, address Box 7527, 103 92 Stockholm, Sweden, email:support@binogi.com.

1.2. The term "User” refers to any persons or legal entities who use the Service and have accepted these Terms of Service.

2. Definitions

The following words and expressions shall have the meanings assigned to them, except where the context otherwise requires.

App: A mobile application provided by Binogi granting the User access to the Services.
App: recommendations
User data: Information pertaining to User's (i) use of the Service and (ii) accounts, names, documents or electronic files that is provided to Binogi.
Terms of Service: These terms of service, including privacy policies, which User must approve of in order to gain access to the Service.
Commencement Date: The date User gains access to the Service.
Error: recommendations
App: ll recurrent and substantial failures pertaining to the Service's operation.
Website: The website binogi.com
Personal data: Such information that can be traced to a living physical individual.

3. Availability

3.1. The Service is provided to the User only when these Terms have been accepted. There may be situations when the Service will not be available, including but not limited to, maintenance and events beyond Binogi's control, for which Binogi shall not be held responsible.

3.2. In order to use certain features of the Services, the User may be required to register for an account, which will require for the User to provide a password. The User is responsible for the User’s account, User ID, passwords and other information used to access the Service. User shall handle such information in a secure manner to prevent unauthorized access or use of the Service, and shall remain responsible for any and all activities that occur under the User’s account. Binogi retains the right to restrict access to the User's account or delete it in the event that Binogi detects unauthorized use of the account.

4. User rights

4.1. Upon acceptance of these Terms, Binogi grants the User a non-exclusive, non-transferable right to the Service, including the ability to log in and use the material and services made available as part of the Service.

4.2. All rights in and to the Service that are not expressly granted in these Terms belong to Binogi.

4.3. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. User acknowledges and agrees that these Terms and Conditions are solely between user and Binogi, not Apple, and that Apple has no responsibility for the Apps or content thereof. User’s use of any App must comply with the App Store Terms of Service. User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price, if any, for the App to the User; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. The User and Binogi acknowledge that Apple is not responsible for addressing any claims of User or any third party relating to the Apps or User’s possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The User and Binogi acknowledge that, in the event of any third-party claim that any App or User’s possession and use of that App infringes that third party’s intellectual property rights, Binogi, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. User must comply with applicable third party terms of agreement when using any App. The User and Binogi acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to User’s license of the Apps, and that, upon User’s acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against User as a third party beneficiary thereof.

5. User restrictions

5.1. User may not, either directly, indirectly, alone or jointly with another party, (i) copy, disassemble, reverse engineer or decompile the Service or any of the material contained on the Website or the App, (ii) modify, create derivative works based on, or translate the Service, (iii) license, sell, rent, lease, transfer or assign any rights to the Service, or otherwise commercially exploit the service in favor of another party. User agrees not to perform any of the above actions or cause or permit any third party to do, or try to implement, such acts, except as expressly permitted by these Terms.

5.2. The User understands and agrees that Binogi or Binogi's licensors own the rights, moral as well as economic, and interest in and to all intellectual property rights (including any derivative works or enhancements thereof) relating to the Service and any suggestions, enhancement requests, feedback, recommendations or other information provided by the user in connection with the service.

6. User obligations

6.1. The user may not store or upload illegal, obscene or otherwise objectionable material or information onto the Service, or otherwise use the Service in violation of the purposes for which the Service is provided; or to send, transmit, or store viruses, Trojans or other malware, interfere with or disrupt the availability of the Service or the data therein, or prepare, or try to prepare for, access to the service or related systems in ways that are inconsistent with these Terms.

6.2. The user will verify that they understand, and accept any technical requirements in order to access the Service in accordance with these Terms.

7. In-App Purchases

7.1. In order to gain access to all the material and quizzes on the App, Users have the option to purchase an auto-renewing periodic subscription (“In-App Purchases”), in which event the User will be billed continuously for the subscription until the User terminates it.

7.2. Payments will be processed through the Google Play or Apple App Store from which the User originally downloaded the application. In the event of any payment related issues with In-App Purchases, User will need to contact the App Store Provider directly.More information about how the User may be able to switch off and/or manage In-App Purchases using their device may be set out in the App Store Provider's terms and conditions/EULA.

7.3. In the event User is under 18 years old, User must have parents’ or guardian’s permission for any In-App Purchases. By completing an In-App Purchase, User is confirming to Binogi that they have any and all permissions in order to make said purchase.

8. Personal Data and Data Security

8.1. To provide the Service Binogi needs to process certain personal data. Binogi's handling of the personal data is subject to the applicable Privacy Policy and in accordance with the General Data Protection Regulation 2016/679 EU.

8.2. Binogi may use third party suppliers for the storage, maintenance and processing of personal data. These subcontractors could be within or outside the EU / EEA, in accordance with applicable law. In the case of subcontractors located outside the EU / EEA, said subcontractor shall abide by Standard Contractual Clauses for data transfers between EU and non-EU countries.

9. Data

9.1. The User owns all rights, moral as well as economic, to the User Data. The User hereby grants to Binogi a non-exclusive, non-transferable (except as provided in Section 15.2. below), non-sublicensable right to use, copy, transmit, modify and display User Data for the exclusive purpose of providing the Service to the User.

9.2. Binogi shall not use User Data in any manner other than to improve the Service and as necessary in order to fulfill its obligations under these Terms.

9.3. Binogi owns all rights, moral as well as economic, to the User Data in aggregated, anonymous form.

10. Maintenance, support, and service levels

10.1 Binogi will use commercially reasonable efforts to provide the Service to the User.

10.2 Binogi may introduce new features or functions in connection with the Service that may be associated with new, commercial terms. The User then has the opportunity but not the obligation to request access to these new features.

10.3. Binogi shall assist the user with general support.

10.4. Binogi will use commercially reasonable efforts to correct and handle errors or to offer a reasonable alternative solution as soon as possible during regular business hours. The User must provide such access, information and support that Binogi may reasonably require in the process of correcting and managing Errors. This paragraph is the User’s sole remedy to rectify defects under these Terms.

10.5. Maintenance and Support Exceptions: Binogi is not obligated to correct Errors or provide support pertaining to Errors in the case support requirements are due to, either entirely or in part, (i) the User's technical environment; (ii) the User’s inability, or that of a third party, equipment, software, tools, digital applications or internet connection, or other reasons or additional functions that are outside Binogi’s technical environment; (iii) an event that falls under the provision of Force Majeure.
10.6. Limitation of Liability: The measures defined by these Terms is the sole compensation that the User can avail themselves of as a consequence to any and all Errors that occur pertaining to the Service.

10.7. Binogi shall take such measures as Binogi deems appropriate to maintain the security of personal data. Such measures shall not be less than what can be considered reasonable for a service provider of similar size as Binogi, given the type of service that is being provided and the type of information the Service manages.

10.8. Support Window: Binogi will occasionally and for a limited period of time perform maintenance operations during which time the Website and the App, including servers and corresponding equipment, will not be available to the User ( "Support Windows").

11. Intellectual Property Rights

11.1. The Service is protected by intellectual property rights, such as, but not limited to, patents, copyrights, trademarks, design rights and database rights (sui generis). All intellectual property rights arising from Binogi's research projects ( "Intellectual Property Rights") are and remain the property of Binogi or its licensors.

11.2. The User understands and accepts that the User's rights and access to Intellectual Property Rights is limited to the rights expressly granted by these Terms and does not include any additional or implied licenses or rights.

12. Commitment to Service

12.1. Binogi will use commercially reasonable efforts to keep the Service available except during Support Windows.

12.2. Binogi does not guarantee network availability between the User and Binogi’s servers for storage and operation of the service, since such access involves several third-party services and third park features beyond Binogi’s control.

13. Warranties

13.1. Binogi guarantees to as soon as practically possible fix Errors pertaining to the Website. Longer downtime may occur during planned Support Windows.

13.2. Binogi makes no representation and disclaims all warranties, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, results from using the service.

13.3. Third party applications and integrations: Binogi does not make any representation regarding, guarantees or encourages the use of, or assume responsibility for any third party application or integration or any other product, technology, or service provided by a third party via or through the Site.
13.4. Quality of user data: Binogi makes no representations and disclaims all warranties as to the satisfactory quality of User Data, The User Data’s fitness for a particular purpose or any result from the interpretation and use of the User Data.
13.5. User warranties: User warrants that it has the equipment and software Binogi via Binogi’s Website, through the Documentation or other written documents has declared necessary to use the Service, or that is otherwise evidently needed to use the Service.

13.6. The User warrants that the User will act in accordance with Binogi’s Documentation, instructions and manuals for the use of the Service.

14. Breach of terms

14.1. In the case a User has committed a material breach of these Terms which is not rectified within 30 days after the User being informed of such breach by Binogi, Binogi will terminate the User's account with immediate effect.

14.2. In the event that Binogi suspends or terminates User’s use of the Service or these Terms and Conditions, User shall receive no refund or exchange of any kind.

15. Miscellaneous

15.1. The User may not transfer or assign any rights or obligations and licenses granted or transferred by these Terms, without Binogi’s prior written consent.

15.2. Binogi may assign and transfer its rights or obligations under these Terms, including user data and any Personal Data, at any time in connection with a sale of (i) Binogi, (ii) the Service, or (iii) a proportion of Binogi’s shares that could reasonably require transfer of such rights or obligations. A sale may be conducted through merger, sale of assets, share transfer or any transaction that affects the control over Binogi and / or the Service shall be considered a sale for the purposes of this section.

16. Amendments

16.1. Binogi has the right to regularly amend these Terms. The User will be duly informed of such amendments.