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Apprendly - Terms of Use

These Terms of Use ("Terms") regulate the use of the Apprendly platform and any related services provided by Apprendly AS ("Apprendly", "we", "us", "our"). By accessing or using our Service, you ("Customer", "User", "you") agree to be bound by these Terms.

1. Scope and Acceptance

By using our Service, you and your organization accept these Terms, as well as our Privacy Policy, Cookie Policy, and Data Processing Agreement (DPA). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Intended Use

Apprendly is intended to be used for the purpose of creating, managing, and experiencing interactive roleplays and simulations for corporate training and education ("Service").

3. User Rights and Restrictions

3.1 License Grant. Apprendly grants you a non-transferable, time-limited, non-exclusive, revocable right to access and use the Service for your internal business purposes, subject to your compliance with these Terms and payment of applicable fees.

3.2 Restrictions. You shall not (and shall not allow any third party to):

  • (a) Copy, modify, adapt, translate, or create derivative works of all or any part of the Service;
  • (b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, database models, infrastructure, or workflow of the Service;
  • (c) Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • (d) Use the Service to violate the intellectual property, proprietary, publicity, or privacy rights of any third party.

4. Account Registration

4.1 Registration. You must register for a customer account to use the Service. You agree to provide accurate, current, and complete information about yourself and your organization as prompted by the registration forms.

4.2 Real Identity. You represent and warrant that you are a real human being or a legally authorized representative of a valid entity. Signing up with fake, fictitious, misleading, or stolen information, impersonating any person or entity, or using bots, automated scripts, or disposable email addresses to create accounts is strictly prohibited.

4.3 Breach. Creating a fake account or providing false information constitutes a material breach of these Terms and will result in immediate termination of your account and permanent ban from the Service.

4.4 Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Content and Ownership

5.1 Customer Content. You are solely responsible for the quality, accuracy, and legality of the content you create, upload, or transmit via the Service ("Content"). You retain ownership of your Content.

5.2 Apprendly IP. Apprendly retains all rights, title, and interest in and to the Service, including all related intellectual property rights, software, technology, and any custom adaptations, roleplays, or scenarios developed by Apprendly, unless otherwise explicitly agreed in writing.

5.3 Feedback. Any feedback, suggestions, or ideas provided by you regarding the Service shall be the sole property of Apprendly, and we shall be free to use them without any obligation to you.

5.4 Marketing. You agree that Apprendly may use your name, logo, and a description of your use of the Service for marketing purposes, including case studies, press releases, and promotional materials, without requiring further consent.

6. AI Disclaimer

The Service may utilize artificial intelligence ("AI") technologies. While Apprendly implements industry-standard "guardrails" and safety measures to minimize inappropriate or inaccurate outputs, you acknowledge that AI systems may occasionally produce incorrect, hallucinations, or unintended results. Apprendly does not guarantee the accuracy, reliability, or suitability of AI-generated content and shall not be liable for any errors or "hallucinations" produced by the AI.

7. Indemnification

You agree to indemnify, defend, and hold harmless Apprendly and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • (a) Your access to or use of the Service;
  • (b) Your violation of these Terms;
  • (c) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
  • (d) Any claim that your Content caused damage to a third party.

8. Warranties and Disclaimers ("As Is")

8.1 As Is. Apprendly and all related components are provided on an "as is" and "as available" basis without any warranties of any kind. Apprendly expressly disclaims any and all warranties, express or implied, including implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

8.2 No Guarantee. We do not guarantee that the Service will be uninterrupted, secure, or free from errors or viruses.

9. Limitation of Liability

9.1 Cap. Except for your payment obligations and indemnification obligations under Clause 7, each party’s total liability arising out of or related to these Terms will not exceed the total amount paid by you to Apprendly in the 3 months preceding the event giving rise to liability.

9.2 Exclusion. Neither party will be liable to the other for any lost data, profits, savings, or revenues, or for indirect, special, incidental, or other consequential damages, regardless of the legal theory.

10. Payment and Subscription

10.1 Credit Card Payments. Unless an Order Form explicitly provides for invoicing, all fees are payable by credit card or other automated payment method accepted by the Service. You authorize Apprendly to charge your payment method for all applicable fees in advance of the subscription period.

10.2 Invoicing (Order Form Only). If an Order Form specifies payment by invoice:

  • Due Date: Invoices are due 7 days from the invoice date.
  • Surcharges: Extended payment terms are subject to surcharges: 1% for 30-day terms and 2% for 60-day terms.

10.3 Overdue Payments. Interest on overdue payments accrues at 1% per completed month.

10.4 Suspension. If a credit card charge is declined or an invoice is not paid on time, Apprendly may suspend access to the Service. If full payment is not received within three months after suspension, Apprendly may permanently delete your account and data.

10.5 Price Adjustments. Prices for renewal periods will be adjusted annually in accordance with the consumer price index of Norway. Additionally, Apprendly may adjust pricing at any time with 30 days’ prior written notice in the event of significant cost increases.

11. Term and Termination

11.1 Term. Your subscription continues until terminated by you or us.

11.2 Termination by You. You can terminate your subscription upon three months’ written notice before a new renewal period starts.

11.3 Termination for Cause. Apprendly may terminate this agreement immediately upon written notice if you commit a material breach of these Terms.

11.4 Effect of Termination. Upon termination, your right to use the Service will immediately cease. You must pay any unpaid fees covering the remainder of the term.

12. Service Level Agreement (SLA)

12.1 Uptime Guarantee. We guarantee an uptime of 99.5% on our services.

12.2 Remedy. If we do not meet this guarantee, you are eligible for a discount of 5% of the monthly cost for every 0.5% of downtime, provided you report the problem to support@apprendly.com within 24 hours of the incident.

12.3 Cap. The maximum credit in any calendar month shall not exceed 30% of the monthly service fee.

12.4 Exclusions. Downtime caused by scheduled maintenance or factors outside our control (Force Majeure) is excluded.

13. Data Protection

Apprendly is compliant with European Union data protection regulations, including the General Data Protection Regulation (GDPR). Our processing of personal data is governed by our Data Processing Agreement (DPA).

14. Confidentiality

Both parties agree to keep all personal and business data received during the term of this agreement confidential and to use it only for the purposes of this agreement. This obligation survives termination.

15. Force Majeure

Neither party will be liable for failure or delay in performance due to events beyond their reasonable control, including but not limited to denial-of-service attacks, failure by third-party hosting providers, strikes, shortages, riots, fires, war, terrorism, or governmental action.

16. Modifications to Terms

Apprendly may update these Terms from time to time. New terms will become binding 45 days after you are informed of them. If you object to the changes and we cannot accommodate your objection, you may terminate the agreement immediately.

17. Governing Law and Dispute Resolution

These Terms are subject to the laws of Norway. The parties agree that any disputes arising out of these Terms shall be settled by the Ringerike, Asker og Bærum City Court as the exclusive legal venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Notices

All notices and other communications under these Terms shall be in writing.