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Terms of Service

Last updated Aug 15, 2023

These Terms of Service (ToS) define the terms of the User's access to the Platform and their obligations to the Provider.

Definitions​

User - the end-user of the Platform. This is the party that is given access to the Platform by agreeing to these Terms.

Provider - the company Warp Code ltd, based in Podluka 13A, 21320 Baška Voda, Croatia. National ID (OIB): 05315346307

Account - a collection of data (email, password, additional information) used to uniquely identify a User.

Platform - the Linguapop software and all of its contents, features and functionalities. This primarily includes, but is not limited to:

Placement Test - a core feature of the Platform, which determines the language skill rating of an individual.

Candidate - a person taking the Placement Test, invited to take the Placement Test by the User.

Subscription - a repeating, monthly financial obligation the User owes the Provider in return for access to the Platform whose terms are described under "Subscription"

Terms​

1. Access to the Platform​

1.1. The User is granted access to the Platform by registering an Account with the Platform and providing all requested data. These Terms and Conditions are considered agreed upon once the User registers their Account.

1.2. It is the User's responsibility to provide only truthful data. The Provider is not liable for any false data that may be entered by the User.

1.3. In order to administer Placement Tests, the User must set up a Subscription by providing their company details and a valid payment method.

1.4. The User is allowed to use the Platform soley for its intended purpose which is administering Placement Tests.

1.5. The User is prohibited from using the Platform in any way that might be damaging to the Provider, other Users or anyone else.

1.6. The User is expected to pay fees for usage of the Platform based on the "Subscription" section of this agreement.

1.7. The Provider retains the rights to deny any User access to the platform at the Provider's discretion.

1.8. The Provider shall not be held responsible for instances where the Platform is inaccessible for any reason.

1.9. The User is allowed to create additional Accounts for persons within their organization. In these cases, the User is responsible for the behavior of all persons given access to the Platform within their organization.

2. Subscription​

2.1. Functionalities of the Platform are provided on a pay-as-you-go basis. Users accrue fees by using certain functionalities of the platform described within the "Fees" section, and are expected to pay the fees at the end of each billing cycle.

2.2. A billing cycle starts when the User activates their subscription, and ends approximately one month after activation. At the end of each billing cycle, a new billing cycle is started.

2.3. The User's provided payment method will be automatically charged at the end of each billing cycle.

3. Fees​

3.1. A Placement Test is considered completed once the Platform assigns it a "Completed On" date, at which point the test's results are available to both the User and the Candidate invited by the User.

3.2. Each completed Placement Test is charged at a rate of the price posted on the Linguapop public website (https://www.linguapop.eu) plus any applicable VAT, unless otherwise specified by a special agreement.

4. Subscription Cancellation​

4.1. The User has the rights to cancel their Subscription at any time.

4.2. The Provider has the rights to cancel any User's subscription at any time.

4.3. If there are any fees accrued in the moment of Subscription cancellation, the User agrees to pay the fees.

4.4. User agrees that an automatic payment will be attempted by the Platform in order to close any outstanding fees at the moment of Subscription cancellation.

4.5. Cancelling a Subscription does not nullify any outstanding financial obligations the User might have towards the Provider.

5. Personal Data​

5.1. In order to administer a Placement Test, the User must provide a Candidate's email address, to which an invitation email will be sent by the Platform. It is the User's sole responsibility that the Candidate has agreed to providing them their email address.

5.2. All email addresses will be saved on the Platform for the sole purpose of testing Candidates' language skill levels.

5.3. The User is responsible for all personal data present on the Platform.

6. "Force Majeure" events​

6.1. A "Force Majeure" event is any event or series of events which are without a doubt beyond Provider’s control, such as a crash in public telecommunication systems, hacker attacks, power surges, unanticipated changes in local laws and regulations, natural disasters, explosions, fire, flood, terrorist attacks, wars etc.

6.2. The Provider is not responsible for any damages that are caused by a "Force Majeure" event.

7. Intellectual property​

7.1. The Platform and all of its contents are intellectual property of the Provider. The User is prohibited from any actions that could result in intellectual property infringement.

8. Disputes & Litigation​

8.1. The User agrees that they will attempt to resolve all disputes in a peaceful manner.

8.2. In case disputes cannot be resolved peacefully, the User agrees that court cases and litigation will be handled by the Commercial Court in Split, Croatia.

9. Changes to these Terms and Conditions​

9.1. Changes to these Terms and Conditions may happen at any time.

9.2. The Provider will make a reasonable attempt to notify all Users of upcoming changes.

9.3. However, it is the User's sole responsibility to ensure they are up to date with the Terms and Conditions outlined here.

9.4. The Provider will make these Terms and Conditions are always accessible to the User through the Platform.