Terms of service

INTRODUCTION

The following terms ("Terms of Use") apply to any natural or legal person's ("Customer", or "you") access to and use of all applications and/or websites as well as any other media form, media channel, mobile website, software, or mobile application related, linked, or otherwise connected thereto ("Services") provided by Forento AB, org.no. 559213-8639 ("Forento").

By registering for and/or using the Services, including but not limited to visiting or browsing Forento's website, you acknowledge that you have read and understood these Terms of Use, including its appendices, that you agree to be bound by the terms and conditions set out below, and that you have the legal right to do so. These Terms of Use including its appendices and your acceptance of them is hereinafter collectively referred to as the "Agreement".

You acknowledge and agree that these Terms of Use may be updated at any time in accordance with Section 7.`

THE SERVICES AND END-USERS

To be able to access some of the Services, the Customer needs to create a user account by following Forento's instructions (in the sign-up process) and thereby providing the information requested. The Customer is responsible for ensuring that any information provided by the Customer when creating the user account or otherwise using the Services, or which is otherwise shared with Forento, is correct and complete, and for having the right to share it.

Further, the Customer undertakes to not upload or create any content for the purpose of its/his/her use of the Services which is illegal or reasonably may reasonably be considered as racist, sexist or otherwise discriminatory. The Customer acknowledges that Forento may review the content uploaded or created within the Services, and agrees to Forento having the right to remove any content which Forento considers to be, or risk being, in breach of these Terms of Use.

The main purpose of the Services is to provide a tool for the Customer to be able to provide courses online and to create online communities. The Customer may offer such services to its users, which for the purposes of these Terms of Use is referred to as the “End-Users”.

The Customer is responsible for entering into suitable agreements with End-Users (including in order for the Customer to fulfil its/his/her obligations under applicable law, such as consumer protection laws), and, where applicable, for its compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR") and other applicable data protection regulation in connection with its/his/her own processing of personal data. For such purposes, the Customer may use any templates as provided by Forento from time to time. However, any such templates are used at own risk and Forento shall have no responsibility for the Customer's compliance with applicable laws.

Notwithstanding anything to the contrary, to the extent applicable, the Customer undertakes to ensure that the End-Users' use of the services offered by the Customer does not constitute a breach of these Terms of Use, and the Customer shall ensure that the End-Users agree to;

• not upload or otherwise provide any content in the Service that may reasonably be considered as racist, sexist or otherwise discriminatory,
• the deletion of any content provided by the End-User in the Services; and
• only use the Services in accordance with applicable laws.

PAYMENT

Forento offers certain Services subject to payment of fees. All payments shall be made in USD. The current fee structure is set forth on Forento's website: forento.io/pricing Forento retains the right to amend the price list and payment terms in accordance with Section 7.

The Customer's payments to Forento for use of the Services shall be made through a third-party's payment platform ("Third Party Payment Solution", currently Stripe). The Customer agrees that the processing of payments shall be subject to the terms and conditions, and privacy policies of the Third-Party Payment Solution in addition to these Terms of Use. The terms and conditions of our current Third-Party Payment Solution (Stripe) can be accessed here: stripe.com/en-se/ssa.

Any late payment shall accrue interest according to the Swedish Interest Act (1975:635). In the event of non-payment by Customer, Forento retains the right to inactivate Customer's account and stop providing the Services to the Customer.

Customer acknowledges and agrees that if the purchase is subject to recurring charges, then the charging of the payment method shall be done on a recurring basis without requiring Customer's prior approval for each recurring charge. Customer has the right to notify Forento of cancellation.

CAMPAIGNS AND DISCOUNTS

Forento may, from time to time, provide certain campaigns and/or offer the Customer discounts (each such referred to as an "Offer"). Offers may only be exercised in accordance with the terms provided as part of the Offer, and the Customer undertakes not to misuse (for instance, where applicable, take actions be able to use an Offer several times), or breach or try to circumvent the terms of an Offer.

Forento maintain the right to change the terms of an Offer at any time (however not in relation to purchases already confirmed), without prior notice to the Customer.

Should an Offer which the parties have agreed upon and the Terms of Use include contradictions, the terms of the Offer shall prevail.

WEBSITES, ADVERTISING CAMPAIGNES AND DOMAINS

Forento may from time to time offer a website building solution and thereto related services through a third-party service provider, Soft Construct LLC ("Ucraft"). The Customer may, by following the instructions in the Services, subscribe for Forento's provision of a website and/or thereto related services to the Customer. If the Customer subscribes for such services, this shall be considered as the Customer's request for Forento to purchase and administrate such services on behalf of the Customer. In relation to Ucraft, Forento is bound by the following Terms and Conditions:ucraft.com/terms-and-conditions. By subscribing for a website solution and/or thereto related services as offered by Ucraft, the Customer undertakes to, in relation to Forento, be bound by the rights and obligations of Forento as set out in such terms applicable between Forento and Ucraft.

Forento may from time to time offer advertising campaigns and thereto related services through a third-party service provider, Nanocorp AG ("Nanocorp"). The Customer may, by following the instructions in the Services, subscribe for Forento's provision of an advertising campaign and/or thereto related services to the Customer. If the Customer subscribes for such services, this shall be considered as the Customer's request for Forento to purchase and administrate such services on behalf of the Customer. In relation to Nanocorp, Forento is bound by the following Terms of Use: nanos.ai/terms-of-use. By subscribing for an advertising campaign and/or thereto related services as offered by Nanocorp, the Customer undertakes to, in relation to Forento, be bound by the rights and obligations of Forento as set out in such terms applicable between Forento and Nanocorp.

Forento may from time to time offer the purchase of domain names and thereto related products/services through a third-party service provider, Name.com, Inc. ("Name.com"). The Customer may, by following the instructions in the Services, subscribe for Forento's provision of a domain name and/or thereto related products/services to the Customer. If the Customer subscribes for such products/services, this shall be considered as the Customer's request for Forento to purchase and administrate such products/services on behalf of the Customer or, as applicable, a request to be forwarded by Forento to Name.com. In relation to Name.com, Forento or the Customer is bound by the following policies and agreements: name.com/policies/legal (as applicable). By subscribing for a domain name and/or thereto related products/services as offered by Name.com, the Customer undertakes to, as applicable, in relation to Forento, be bound by the rights and obligations of Forento as set out in such terms applicable between Forento and Name.com (this does however not apply to the extent the Customer enters into an agreement directly with Name.com).

WITHDRAWAL

In the event the Customer is a consumer (according to the definition in the Swedish Act on Distance Contracts and Off-Premises Contracts (2005:59) (Swedish: distansavtalslagen)) (hereinafter "consumer"), the provisions of this section 6 shall apply.

Any consumer who, in relation to activities covered by these Terms of Use, is acting for purposes other than trade, business, or profession shall have a period of fourteen (14) days, to withdraw from his/her purchase of the license to use the Service without giving any reason ("Withdrawal period" or in Swedish; "ångerrättsperiod"). The Withdrawal period shall expire after fourteen (14) days from the day of the conclusion of these Terms of Use.

If the consumer starts using the Services, the consumer thereby accepts that the right of withdrawal according to the paragraph above is waived. Notwithstanding this, the consumer may still terminate the Agreement in accordance with section 12 below.

If the consumer withdraws from his/her purchase, the consumer shall inform Forento of its decision thereof by completing the form to be found here or by using the form available at the Swedish Consumer Agency's (Swedish: Konsumentverket) website (konsumentverket.se; "Ångerblankett").

If the consumer withdraws from his/her purchase in accordance with this paragraph and has the right to do so, Forento shall, where applicable, reimburse the consumer for any payments received from the consumer. The consumer is not entitled to any reimbursement if the consumer has accessed the Services during the Withdrawal period.

UPDATES OF TERMS OF USE

Forento retains the right to update, amend or otherwise modify these Terms of Use at its own discretion. These updates, amendments, and modifications shall be published on Forento's website in due time prior to their entry into force and they will take effect on the date stated on the website.

If the price of the Services is increased or in the event of a material update, amendment, or modification of these Terms of Use, the Customer shall be notified thereof (by email and/or a notice on Forento's website) no later than 30 days before the amended price/terms become(s) effective. If the Customer does not accept the amended price/terms, the Customer has the right to terminate the Agreement in accordance with Section 12 whereby the agreed price and terms shall apply during the remaining part of the contract period. The Customer's continued use of the Services after having received a such notice as referred to above, shall be deemed as the Customer's acceptance of the amended price/terms.

For the avoidance of doubt, any such updates, amendments and modifications (including in relation to price increases), may apply in relation to a certain Customer only.

DATA PROCESSING AND TRANSFER

For the Customer to be able to use certain of the Services, the Customer must share certain of its personal data with Forento which Forento will process in the capacity as data controller. When processing such personal data, the terms of Forento's privacy policy (as applicable from time to time) shall apply, which may be found, for example here and on Forento's website.

In some cases, Forento will process personal data on behalf of the Customer in the capacity of data processor. In such case, the parties undertake to take all actions necessary for compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR") and other applicable data protection regulation. This may include the entering of a data processing agreement. Unless otherwise agreed between the parties, they shall, where applicable, be deemed to have entered into the personal data processing agreement attached hereto, in connection with the conclusion of the Agreement.

WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS

The warranties and limitation of liability provisions of this section 9 apply to the fullest extent possible under applicable law (subject to clause 13.1). More favourable terms may apply in relation to Customers who are consumers (as set forth in the Swedish Consumer Sales Act (2022:260) (Swedish: konsumentköplagen) and/or the Swedish Consumer Services Act (1985:716) (Swedish: konsumentjänstlagen)).

The Services are provided without warranty of merchantability or fitness for a particular purpose or any other warranty, expressed or implied. Forento does not warrant or guarantee that the Services will be provided without interruptions, that any non-conformity arises, nor that the Services are free from defects and other errors. Forento's websites and applications are provided on an "as-is" basis and Forento does not provide any express warranties including without limitation regarding the standard, delivery, timing, and security of the Services. Forento will use its best efforts to ensure the availability of the Services.

Forento reserves the right to modify, suspend, remove, and amend the Services, including the content of the Services, in its own discretion and without prior notice. Amendments that significantly alter the Customer's use of the Services will, however, be announced to the Customer at least 30 days before the change becomes effective whereupon the Agreement may be terminated in accordance with the principles of clause 7.2.

Forento is not responsible for services, or any other activities provided by its associated partners or any other third parties (including when the Services include links to websites provided by third parties). Forento is not responsible for the acts and omissions of End-Users. Further, the Services may be integrated with or provided in connection with third-party services or content, as informed by Forento. Forento does not control these third-party services or their contents. Customer is advised to carefully review any agreements, terms and privacy policies relating to the services and/or their content of such third parties.

Forento may suspend the provision of the Services, for example in case of scheduled maintenance or in the event of a virus, worm, trojan or other attacks on Forento's IT environment.

The Customer represents and warrants that the data, information and/or content it has inserted and processes in the Services, including all products, and/or any other features that may be linked from the content are lawful.

In the event that the data, information, content and/or products provided by the Customer to the Service are claimed to be unlawful or illegal in any jurisdiction, the Customer accepts full responsibility and shall reimburse any costs that Forento may incur in relation to such claim. This includes but is not limited to any virus or other distracting program or device that could incur or injure any computer system.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE, CUSTOMER SHALL NOT (AND SHALL NOT PERMIT ANY THIRD PARTY) TO USE THE SERVICES IN A MANNER THAT WOULD INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY OR FORENTO, OR FOR ANY ILLEGAL TRANSACTION OR UNLAWFUL PURPOSE. FORENTO SHALL NEVER BE LIABLE FOR THE CONTENT THAT CUSTOMER (OR ITS END-USERS) MAY UPLOAD, DOWNLOAD, POST, SUBMIT OR OTHERWISE DISTRIBUTE IN BREACH OF TERMS OF USE.

Subject to applicable laws and regulations, Customer agrees to indemnify and hold Forento, its affiliates and employees harmless against all liability, damages, claims, demands, reasonable legal costs and expenses of whatsoever nature arising out of or in connection with or as a consequence of Customer's breach under these Terms of Use and in particular breach of any warranties and representations.

Any claim for compensation by Customer must be made at least two (2) months after the date when Customer first became aware of the circumstances which entitle to compensation. Notwithstanding anything said in this Agreement, Forento does not seek to limit liability in respect of mandatory laws and regulations and, in particular, in respect of consumers.

Forento's liability under these Terms of Use shall at all times be limited to the amount equal to the total fees paid by you for the Services during the twelve (12) months prior to the claim. If twelve (12) months have not passed since you signed up for the Services, the limitation shall nevertheless be equivalent to twelve (12) months of the total fees that would have been paid. No party shall be responsible to the other party for indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts. The exclusions and limitations of liability stated above shall not apply in case of damage caused by a willful act or gross negligence. For the avoidance of doubt, Forento is not seeking to limit liability under mandatory data protection laws.

CONFIDENTIALITY

The Customer undertakes to ensure that, without prior written consent from Forento, no commercial or technical information (including without limitation pricing, data, financial information, software specifications, development, and proprietary algorithm), which Customer has come to know in one way or another through the performance by Forento under the Services of these Terms of Use, shall be disclosed in whole or in part to any third-party. The Customer shall have the right to disclose such information to the extent necessary for the exercise of its rights granted under these Terms of Use. The Customer shall use all reasonable means to preserve the secrecy of such confidential information, such undertaking to continue in so far and for so long as such confidential information has not become part of the public domain. This paragraph shall survive the expiration of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Ownership of any background, data, material, information, intellectual property etc. provided by Forento for the purposes of these Terms of Use, the Services, etc., shall continue to vest in Forento. All rights are expressly reserved by Forento, and Customer hereby explicitly consents that no right, title, or interest in or to the Services or anything contained therein is transferred to the Customer. Customer is granted a non-exclusive, limited, personal, non-transferable, non-sublicensable, revocable license to use the Services solely for their intended purpose.

The provisions of this paragraph 11 shall apply without limitation and without restriction in time.

TERM AND TERMINATION

These Terms of Use shall enter into force on the date when Customer accepts to be bound by them as set forth in section 1.

The duration for the Customer's right to use the Services may be either monthly or yearly ("Subscription"). A monthly Subscription renews for continuous, one-month periods spanning the first day of the calendar month to the last day of the calendar month. A yearly Subscription renews for continuous, twelve-month periods spanning the first day of the first calendar month to the last day of the last calendar month.

All Subscriptions renew automatically, unless terminated under these Terms of Use. If you are a consumer and have a yearly subscription, Forento will contact you at least one (1) month before the day when the Agreement needs to be terminated in order to not be renewed, via e-mail, to remind you that the term of your Subscription will automatically renew.

Customer may terminate the Subscription at any time by following the instructions available on Forento's website.

The Subscription will automatically renew at the end of the applicable Subscription period, unless it is terminated before the end of the then-current Subscription period. The termination will take effect the day after the last day of the current Subscription period. Forento does not provide refunds or credits for any partial Subscription periods.

Notwithstanding the provisions under this paragraph 12, these Terms of Use may be terminated by either party with immediate effect upon written notice if the other party

• should become insolvent or a petition in bankruptcy should be filed by or against it, or a receiver of its property or a substantial part thereof should be appointed; or
• commits a material breach of contract.

In the event of the Customer's substantial breach of contract or if the Customer otherwise misuses the Services, Forento shall also be entitled to suspend Customer from further use of the Services. In the event that Forento suspends or terminates Customer's use of the Service or these Terms of Use, Customer understands and agrees that Customer shall not be entitled to any reimbursement of payments previously made to Forento.

MISCELLANEOUS

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid under any applicable statute, rule or law, each party agree that such invalidity shall not affect the validity of the remaining provisions of these Terms of Use, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.

Forento shall have the right to assign all or part of these Terms of Use without the Customer's approval. Neither these Terms of Use nor any rights under these Terms of Use shall be assigned or otherwise transferred by Customer without the prior written consent of Forento.

These Terms of Use constitutes the entire agreement between Customer and Forento with respect to this subject matter, and supersedes all prior and contemporaneous discussions, communications and agreements, written or oral, with respect thereto. Customer and Forento confirm that they have not been induced to enter into these Terms of Use as a result of any representation or statement which is not set out herein.

COMPLAINTS AND DISPUTES

If Customer files a complaint, such complaint may be sent to Forento by email, using the following contact details: [email protected].

In the event Customer is a consumer, the Customer also have the right to report or file a complaint to the general complaints board in its country. The Swedish general complaints board is National Board for Consumer Disputes (ARN): arn.se.

In the event Customer is a consumer the Customer may, in case of a transnational dispute, avail of the online dispute resolution platform of the European Union, which is available here: ec.europa.eu/consumers/odr.

Forento and Customer endeavor to use their reasonable efforts to negotiate and settle any dispute or claim that may arise in relation to these Terms of Use.