The LearnNow website (“Website”) and mobile application (“App”) and related services (together with the Website, the “Service”), including our language proficiency testing services (the “LearnNow English Test”) are operated by TM Software Corp IVS. (“LearnNow,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. TM Software Corp IVS may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
TM Software Corp IVS
Bagsværdvej 131, st.
2800 Kgs. Lyngby
You can always contact support by emailing: firstname.lastname@example.org or calling us at +45 88 82 06 43.
The Service allows users to (i) learn or practice a language while they translate content from the Web and elsewhere, (ii) submit material for translation by other users, and in some cases (iii) in some cases submit translated language courses or new language courses, and, when properly registered, (iv) take examinations in the LearnNow English Test. Users interested in learning or practicing a language are presented with different types of educational activities; while they perform these activities, they also generate valuable data such as translations of Web content. In some cases, the content you translate will have been submitted by a customer of LearnNow’s for translation. Your translation work will be used in combination with the work of others to complete that translation for which LearnNow may receive a fee or other consideration. Users interested in submitting material for translation, or submitting translated material or courses, may do so only if they comply with requirements set forth in these Terms and Conditions concerning the material submitted and use of the translation. Users who register with the LearnNow English Test may take examinations to test their language proficiency. TM Software Corp IVS may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by LearnNow; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to LearnNow, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
Any material you submit for translation (“Translation Material”) must be your original work or material owned by you. You will not submit any other type of material as Translation Material. The Service is not intended to be used to translate confidential or sensitive documents or personal information and you agree not to submit Translation Material that includes any such information. By submitting Translation Material to the Service, you grant us a fully paid up, worldwide license to use the Translation Material in connection with the operation of the Service and agree that, among other things, this license will allow us to (i) create and use translations that are derivative works of the material, (ii) disclose part or all of the Translation Material and any translations to one or more users of the Service in connection with their use of the Services and (iii) make the Translation Material and any translations available on the Service as a teaching tool, to promote the service or for other purposes in connection with our operation of the Service. This means that all or part of your Translation Material and any translations may be indexed and available on search engines such as Google and Bing. You understand that other users will have access to Translation Material and that neither they or TM Software Corp IVS have any obligation to you or anyone else to maintain the confidentiality of Translation Material. If we are able to complete a translation of any Translation Material you submit, we will provide you with a copy of the translation. As between us and you, you will own the copyright in any derivative work we create that is a translation of Translation Material you submit provided that you do not make or permit any commercial use of the translation. If you wish to make or permit commercial use of a translation, please contact us. You must have a separate agreement with us that expressly authorizes any commercial use of any translation produced by the Service before any such use occurs.
If you delete any Translation Material you submit from the Service we will in turn delete any translation tasks in progress and completed translations in the normal course of our operations. This may take up to thirty (30) days.
If you are or become a Course Contributor, you may offer to translate or have translated certain existing courses into other languages and you may offer to contribute new courses to the Service, as agreed between you and LearnNow on a case-by-case basis. Subject to any guidelines posted on the Service, you may perform any such translations or create any such courses in accordance with your own schedule and using your own facilities and resources. You are not required to become a Course Contributor and you may cease your activities as a Course Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Course Contributor or for our use of any Course Contributor Materials (as defined below) you submit. Any translation of an existing LearnNow course you submit or have submitted and any new language course you submit or have submitted as a Course Contributor (collectively, “Course Contributor Materials”) are owned by you (subject of course to us retaining ownership of the existing LearnNow course you translated). By submitting any Course Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sublicensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Course Contributor Material in any manner.
You represent and warrant to TM Software Corp IVS that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, and Activity Materials) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. If you register with the TM Software Corp IVS English Test, you further represent and warrant that the identification materials you submit to TM Software Corp IVS are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the TM Software Corp IVS English Test for the express purpose of taking a language examination. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your LearnNow English Test account for any purpose.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in TM Software Corp IVS’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose TM Software Corp IVS or its users to any harm or liability of any kind. You will not use the LearnNow English Test to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service.
You agree to defend, indemnify and hold harmless TM Software Corp IVS and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
It is your responsibility to ensure that your payment information is up to date. You agree to pay for the Services in advance of the time period during which such services are provided. Unless otherwise provided, you agree that until and unless you notify TM Software Corp IVS of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
TM Software Corp IVS does not store payment information. All payments are made through SSL encrypted connections, which ensures maximum safety for the transactions.
You acknowledge and agree that any card and related billing and payment information that you provide will be shared by LearnNow with a third party partner, such as: payment processor and/or acquirer.
The registration it is usually done via campaign and it will start with a trial period of three days. Trail period is charged between EUR 1-15. The price varies accordingly to the campaign running on the website.
If you do not withdraw at the time your trial expires, your card will be charged 75 EURO.
TM Software Corp IVS reserves the right to charge you a 5 EURO trial fee, and thereafter a 75 EURO monthly fee for the use of our services.
TM Software Corp IVS reserves the right to change its fees at any time, upon notice to you if such change may affect your existing or future subscriptions.
– The cards accepted: Visa, MasterCard, Maestro, American Express, and Dinners Club.
You may terminate or cancel the services by giving TM Software Corp IVS written notice via the email: email@example.com
You may discontinue to use and request to cancel your account and/or any LearnNow services at any time.
Once we receive your cancellation request and have confirmed all the necessary information, we will inform you in writing that your account has been canceled.
The effective date and time for such cancellation shall be the date and time on which you have send the cancellation request.
– Please note that the subscription can be also paused for unlimited time due to traveling/vacation, etc. For all further inquirers please include in your email following information: order numbers, customer number, full name and email address.
You can cancel subscription any time and your profile will be active until the next billing cycle. After that, you will no longer have access to your profile and we may delete all information on your profile. We accept no liability for such deleted information or content.
TM Software Corp IVS may terminate your access to the services, in whole or in part, without notice in the event that:
– You fail to pay any fees due
– You violate this Agreement
– Your conduct may harm TM Software Corp IVS or others
In such event, TM Software Corp IVS shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges occured prior to the effectiveness of such termination.
Please note: Upon termination of the services for any reason: user content, user profile, and other data will be deleted.
In the event of a Test Issue, TM Software Corp IVS will, at its option, either (a) provide the user with a refund for the affected test, or (b) use reasonable efforts to resolve the Test Issue. For purposes of this Section, “Test Issue” means: (i) the inability to complete the test due to a failure in the Website or the App, or (ii) Test results are delivered more than 48 hours after the test is completed. Whether an issue constitutes a Test Issue will be determined by LearnNow in its reasonable discretion. The amount of any refund will depend on the nature of the Test Issue and will not exceed the total amount actually paid by the user for the affected test. To submit a valid claim for a refund, a user must (a) submit the Test Issue in writing to LearnNow within 24 hours after the Test Issue occurs, and respond to LearnNow’s requests for information or cooperation, (b) not have directly or indirectly caused the Test Issue, and (c) have met all test requirements when taking the test prior to making a claim for a Test Issue.
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY LearnNow ARE PROVIDED TO YOU ON AN “AS IS” BASIS. LearnNow AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LearnNow DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL TM Software Corp IVS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF LearnNow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LearnNow’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LearnNow FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
TM Software Corp IVS may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your LearnNow account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of LearnNow’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of LearnNow or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and LearnNow, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by LearnNow, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to LearnNow any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of LearnNow or its licensors that are not expressly granted in these Terms and Conditions are reserved to LearnNow and its licensors.
“LearnNow” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of TM Software Corp IVS or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the LearnNow name or any LearnNow or third-party trademarks, service marks, graphics or logos.
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to LearnNow pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
These Terms and Conditions, its subject matter and TM Software Corp IVS’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Denmark, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and LearnNow will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Denmark. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between TM Software Corp IVS and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by TM Software Corp IVS or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. TM Software Corp IVS may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of TM Software Corp IVS and you, and TM Software Corp IVS’s and your respective successors and permitted assigns.
Users within the European Union are not presently allowed to submit materials for translation or translated materials to LearnNow. While these users can continue to use the educational services offered through the Website, they will not be involved in the translation of any documents. If you submit a request for translation or translated materials to TM Software Corp IVS, you thereby warrant and represent that you are not currently within the European Union, did not translate the document within the European Union, and will not be within the European Union when your translation request has been finalized.