BEYONDLUNA TERMS OF USE

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BEYONDLUNA TERMS OF USE

1. INTRODUCTION

Parties: These terms of use (hereinafter referred to as the "Terms") is entered between:

A. Mond Digital Solutions AB, incorporated and registered in Sweden with company

registration number 559152-9705, whose registered office is at Hamngtatan 26A, 652

25 Karlstad (hereinafter referred to as the "BeyondLuna"), and

B. the entity (legal person, company or organization) that registers an Account for the

Service (“Service Recipient”).

The Service Recipient and BeyondLuna are referred to below collectively as the "Parties" and

individually as a "Party".

These Terms constitute an integral part of the Service Agreement and governs the User’s use of

BeyondLuna’s web service: beyondluna.com (the "Platform").

Acceptance of the Terms: The Service Recipient and its Users accepts these Terms by:

● Using free services supplied by BeyondLuna;

● Clicking a button or box indicating acceptance of these Terms; or

● Executing a purchase Order that references these Terms.

Responsibility: The Service Recipient is responsible for all its Users’ and Affiliates’ compliance with

all parts of the Service Agreement.

Representative: The individual who accepts these Terms on behalf of the Service Recipient and/or its

Affiliates, represents that the individual has the right and authority to enter into this legally binding

agreement with BeyondLuna on behalf of the Service Recipient and/or its Affiliates represented, and

confirms that the Terms become binding between the Service Recipient and/or its Affiliates, and

BeyondLuna.

Representations: The following representations is made by each Party to the other Party:

1) this Service Agreement is a binding and enforceable agreement;

2) the performance or execution of the ServiceAgreement does not require any third-party approval

or authorization which has not yet been obtained; and

3) the performance and execution of the Service Agreement will not, and does not, violate any

terms or conditions of another agreement that the Party is bound to or a party of.

Terms: The User must follow the applicable Terms published on the Platform and/or Website as well

as any other terms, rules of procedure and instructions that BeyondLuna provides from time to time.

When the User uses the Platform, the User is also obliged to comply with the laws, regulations, and

authority decisions applicable always. If the Service Recipient does not accept the Terms applicable at

any time and any other terms, rules of procedure and instructions that BeyondLuna provides from time

to time, the User does not have the right to use the Platform.

Agreement period: The Terms apply until the Service Agreement is terminated. Provisions regarding,

among other things, intellectual property rights, governing law, confidentiality and dispute resolution,

as well as any other provisions that are expressly or by their nature intended to apply even after the

expiration or termination of the Service Agreement, shall continue to apply even after the expiration or

termination of the Service Agreement.

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2. DEFINITIONS

The following definitions used in these Terms shall have the meanings set forth below when they are

indicated with a capital letter, regardless of whether they are used in the plural or singular, in definite or

indefinite form:

Account: refers to an identity in the Platform that identifies a User and gives the User access to the

Platform's features.

Affiliate: means any entity that directly or indirectly is controlled by, controls, or is under common

control with the Service Recipient, whereby “control” means the possession, directly or indirectly, of

the power to direct, or cause the direction of the management and policies of such person, whether by

contract, through the ownership of voting securities, or otherwise.

Controller: refers to the person/entity who determines the purpose of a particular Processing of Personal

data and how the Processing is to be carried out. Natural persons, legal persons, authorities, institutions,

or other bodies may be Controllers.

Data Subject: refers to the natural person who can be identified through the Personal data.

Fees: refers to all compensation that BeyondLuna is entitled to charge the Service Recipient for Services

provided and/or performed in accordance with the Service Agreement, such as the Subscription Fee

regarding a subscription for the Platform.

GDPR: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April

2016 on the protection of natural persons with regard to the processing of Personal data and on the free

movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Order: means the Services the Service Recipient selects during the online ordering process, or

BeyondLuna’s sales order that is executed by BeyondLuna and the Service Recipient (which may be

system-generated or manually generated), each of which are incorporated to the Service Agreement.

Payment Service Provider: refers to a Third party that, among other things, processes payments from

the Service Recipient and/or charges the Service Recipient on behalf of BeyondLuna.

Personal data: refers to all data that, directly or indirectly, alone, or together with other data, can be

linked to an identified or identifiable physical living person. Common examples of Personal data are

name, telephone number, address, email address, user ID, credit card number, etc.

Platform: refers to beyondluna.com.

Processing: refers to everything that is made with Personal data, automated or otherwise. Processing

can take place through an individual measure or through a combination of different measures. Examples

of common Processes of Personal data are storage, erasure, sharing, usage, registration, copying,

collection, organization, use, adjustment, destruction, etc.

Processor: refers to the one who Processes Personal data on behalf of a Personal data Controller,

according to the Controller's instructions.

SCC: refers to Commission implementing decision (EU) 2021/914 of 4 June 2021 on standard

contractual clauses for the transfer of Personal data to third countries pursuant to Regulation (EU)

2016/679 of the European Parliament and of the Council, or later updated version.

Service Agreement: refers to the agreement entered into between the Service Recipient and

BeyondLuna regarding the Services and any other agreement or terms referring to the Service

Agreement, such as for example, but not exclusively: Orders incorporated by reference, the applicable

Service: refers to the services that the Service Recipient orders from BeyondLuna and may also

include the Platform.

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Subscription Fee: means the fee payable for the applicable Subscription Plan. Subscription Fee is

separate from any support services.

Subscription Period: means the Service Recipient’s license period for the applicable Subscription

Plan.

Subscription Plan: means the specific BeyondLuna Subscription Plan that the Service Recipient

purchased as specified in the Order.

Third party: refers to someone other than BeyondLuna or the Service Recipient.

User: refers to the Service Recipient and/or its Affiliates, staff and students who use the Service.

Website: refers to beyondluna.mond.com.

3. THE SERVICES AND SUBSCRIPTIONS

BeyondLuna will provide the Users with the Services set forth in the Service Recipient's order, and

hereby grants the Users a non-exclusive, non-assignable, non-sublicensable revocable right to access

the Platform and use the Services within the applicable Subscription Period, provided that the Service

Recipient makes payment of all applicable fees to BeyondLuna and subject to these Terms.

The User has no right to share its subscription and/or Account (including the Service Recipients

Account) with any Third party, unless otherwise approved in writing and in advance by BeyondLuna.

The Service Recipient can cancel or change the subscription in accordance with the terms stated below.

A canceled subscription will expire on the last day of the applicable Subscription Period. The Service

Recipients Subscription Period is specified in the order confirmation and always stated on the Platform.

● The Service Recipient must make cancellation or changes of a subscription no later than on the

last day of the Subscription Period.

Cancellation or changes of a subscription made by the Service Recipient must be made in writing by e-

mail to support@beyondluna.com within the before mentioned time. The Service Recipient’s

subscription will, at the end of the Subscription Plan, automatically renew for a Subscription Period

equal in length to the then-expiring Subscription Period, unless the subscription expires due to non-

renewal or is otherwise terminated earlier.

4. THE PLATFORM

Compatibility: The User is responsible for having the technical equipment (for example a computer,

tablet, or smartphone), software and internet connection required for using the Platform.

Data traffic: Standard data traffic rates may apply when using the Platform, as functions require the

Platform to have an active connection to the internet. When using the Platform, the User accepts its

responsibility for payment of all such charges from the mobile operator and/or Third Party (for example

charges for data roaming, Wi-fi, etc.).

Cookies: Information on how the Platform uses cookies can be found in the Cookie Notice published

on the Platform through the following link: https://beyondluna.com/doc/cookienotice-en.html

BeyondLunas communication with the User: BeyondLuna can communicate with the User via email,

SMS and/or notification through the Platform.BeyondLuna's communication regarding the Platform

and/or the Account cannot be opted out, as this is part of the service that BeyondLuna provides and is

necessary for support matters.

Third party websites: The Website and/or Platform may link the User to other sites on the Internet or

otherwise include references to information, documents, software, materials and/or services provided

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by other parties. These websites may contain information or material that some people may find

inappropriate or offensive. These other websites and parties are not under the control of BeyondLuna,

and the User acknowledge that BeyondLuna is not responsible for the accuracy, copyright compliance,

legality, decency, or any other aspect of the content of such sites, nor is BeyondLuna responsible for

errors or omissions in any references to other parties or their products and services. The inclusion of

such a link or reference is provided merely as a convenience and does not imply endorsement of, or

association with, the Website or party by BeyondLuna, or any warranty of any kind, either express or

implied.

5. ACCOUNT

Registration: The Service Recipient creates itsAccount by registering an email address and choosing a

password. The Account may only be used by the User who is registered on the Account. This means

that the User may not transfer or assign their Account to anyone else. BeyondLuna is not responsible

for any other person's misuse of the Account, nor for damages or other forms of consequences due to

such misuse. All activity that takes place through the Account is considered authorized activity

performed by the Service Recipient.

discovers or suspects intrusion into the Account, the User must immediately take the necessary

measures.

Sensitive Personal Data: Users should avoid to share, write, distribute, register, or publish sensitive

Personal Data about an identifiable person in the Platform. Sensitive Personal Data is, for example,

Personal Data that reveals ethnic origin, political opinions, religious or philosophical beliefs, or

information about health and sexual life, but also Personal Data relating to legal violations that include

crimes.

Contact details: The contact details that the User registers on the Platform must be correct, current, and

updated within the entire contract period.

Deletion of an Account: The Service Recipient can contact BeyondLunas support through email to

request the deletion of a User Account: support@beyondluna.com.

Breach of Agreement: If BeyondLuna discovers or suspects that a User is in any way abusing the

Services or violating the Terms, BeyondLuna has the right to terminate such User's Account for the

Platform with immediate effect, including all agreements entered between the Service Recipient and

BeyondLuna. The User is not entitled to damages or other compensation from BeyondLuna due to such

a decision. If BeyondLuna terminates an Account in accordance with this clause, the User in question

may only register a new Account after receiving BeyondLunas prior written approval.

Claims directed at BeyondLuna: The User is responsible for complying with current legislation and

not violating these Terms. The Service Recipient undertakes to hold BeyondLuna fully indemnified if a

Third Party makes a claim for compensation because aUser has acted in violation of the terms of the

agreement, applicable law, Third Party rights or similar.

Disclaimer: The Services, including the Platform, are provided without any warranties of any kind, and

provided on an “AS AVAILABLE” and “AS IS” basis to the fullest extent permitted by applicable law.

The User uses the Services of free will and on its own risk. BeyondLuna hereby expressly disclaim all

warranties, where implied or express. No advice or information obtained by the Service Recipient

through the Services or otherwise from BeyondLuna shall create any warranty unless it is confirmed in

writing by an authorized representative of BeyondLuna.

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6. PRICES AND PAYMENT TERMS

Charges: Unless the Parties have agreed on a free trial period or use for evaluation purposes, the Service

Recipient undertakes to pay to BeyondLuna at any time applicable fees for the use of the Services that

BeyondLuna at any time provides and/or conveys to the Users. All prices are stated excluding VAT and

are published on the Platform and/or the Website. BeyondLuna reserves the right to at any time change

the applicable Fees and any such changes apply for orders made after the new prices have been published

on the Platform and/or Website. BeyondLuna is hereby authorized by the Service Recipient to charge

the debit card registered for the payment of the Services or other payment mechanism approved by

BeyondLuna, for any amounts due, immediately when due without prior notice to the Service Recipient.

This includes applicable sales, VAT and/or other taxes.

No Refunds: All Fees are non-refundable. The Service Recipients payment obligations are non-

cancelable.

Fee Changes: The Subscription Fees may be increased or decreased by BeyondLuna in its sole

discretion and any such changes to the Subscription Fees will become effective upon renewal of the

Service Recipient’s Subscription Plan. BeyondLuna will give the Service Recipient reasonable prior

notice of any changes to the Subscription Fees to give the Service Recipient an opportunity to terminate

the Subscription Plan before any such changes become effective.

Discounts: Discounts only apply for the Subscription Period set out in a particular Order. This means

that any such discount does nor roll over to any renewal term.

Payment Method: Payment can be made by a debit/credit card or other payment method approved by

BeyondLuna, for example invoicing. The Service Recipient must always provide current and valid

payment information and is responsible for making timely payments. If the Service Recipient fails to

correct the registered payment information when required to effect payment or fail to make any payment

on time, BeyondLuna has the right to, in addition to BeyondLuna’s other remedies, suspend or end the

Users access to the Service. The payment can be made on a monthly or yearly basis in advance, unless

otherwise agreed in writing. When payment is made through an integrated payment service provider,

the Service Recipient accepts the payment service provider's terms and conditions applicable at any

time. Payments made by card, through the integrated payment service provider, will be carried out

automatically at the due date.

Support services: BeyondLuna may provide training to the Users regarding the use of the Platform or

other support services. The price for such Services will be invoiced separately at the agreed price.

Invoices: Any invoices issued by BeyondLuna must be paid no later than 30 days from the date of

issuance of the invoice and invoice fees may be charged.

Late fees: BeyondLuna has the right to initiate a legal action and/or collection process to collect money

that the Service Recipient owes the Service Provider, and the Service Recipient agrees to pay all

BeyondLuna’s costs for such actions, including any reasonable attorney fees.

7. SERVICE RECIPIENT RESPONSIBILITY

Users: The Service Recipient is solely responsible for its Users use of the Platform and any breach

against the Terms or applicable law that its Users commits.

Liability: The Service Recipient is solely responsible for everything the User registers in the Platform

or otherwise conveys to BeyondLuna or other people. The Service Recipient must ensure that such

transmitted or registered information is correct, complete, and up to date. The Service Recipient is solely

and fully responsible for the actions of its Users, including any failure to act.

Use of the Platform: The User guarantees not to use the Platform:

• in such a way that BeyondLuna or any other natural or legal person suffers inconvenience or

damage;

• in violation of the Terms or applicable legislation at any time; or

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• for a purpose other than what the Platform is intended for.

Prohibition of misuse, etc.: The User guarantees not to:

1) misuse data that can be retrieved from the Platform and undertakes not to take measures aimed

at circumventing technical protection measures, hacking, or introducing viruses to the Platform.

2) register, distribute, add, or otherwise make available content in the Platform that is criminal or

that contains threatening, offensive, punishable, racist, sexist, homophobic, hateful or

pornographic elements.

3) add any criminal or other criminal content to the Platform. BeyondLuna reserves the right to

report criminal activity to the police.

4) promote products or services in the Platform that compete with BeyondLunas services/products.

Reporting abuse or breach of contract: If the User discovers a breach of the Terms, criminal content

or similar, the report to BeyondLuna can be made to the following email: support@beyondluna.com.

Cooperation: BeyondLuna will not be liable for the the User’s inability to use us all or part of the

Services, if it is caused by the User’s failure or delay to timely cooperate with BeyondLuna to provision

the Services, such as giving BeyondLuna access, accurate information, and materials as reasonably

necessary for the provision of the Services to the User.

Restrictions: The User agrees not to: sell, rent, license, sublicense, lease, transfer, assign, outsource,

distribute, time-share, or otherwise commercially exploit or resell the Services to a third party. All rights

and licenses granted to the User by BeyondLuna under the Service Agreement are non-transferable and

personal. However, the authorized use of the Services by the Service Recipient’s Affiliates, staff and

students solely as reasonable necessary for the use of the Service is not prohibited by the foregoing,

provided that the Service Recipient remain fully liable for their violations of the Service Agreement and

that they are legally bound to comply with the Service Recipient’s obligations hereunder. The User agree

not to:

● unlawfully use the Services;

● adapt, hack, or modify the Services;

● unlawfully violate a person’s privacy right;.

● attempt to gain unauthorized access to the Services;

● falsely imply any association or sponsorship with BeyondLuna;

● attempt to gain unauthorized access to related systems or networks of the Service;

● attempt to bypass or break any security or limiting mechanism on the Services;

● interfere or disrupt the integrity, security or performance of the Services;

● attempt to decompile, reverse engineer, decipher, or otherwise discover the source code

of the Platform or Services; or

● conduct any action that adversely and materially affects the stability, availability or

security of the Services.

Indemnification: The Service Recipient undertakes to hold BeyondLuna fully indemnified (including

BeyondLunas employees, directors, agents, consultants, advisors an any other representatives) against

all amounts awarded in any claim, or paid in settlement thereof, arising out of any investigation suit,

claim, proceeding or any judicial, arbitration or other administrative action, brought by a third party

against BeyondLuna that arises from the Users violation of law or breach of the Service Agreement or

that allege that the User infringes any third party’s rights.

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8. PROCESSING OF PERSONAL DATA

Personal data Processing: The Parties shall each act in accordance and comply with their respective

obligations under all applicable national regulations, legal requirements and applicable data protection

and privacy legislation in force from time to time.

BeyondLunas Privacy Notice: Information about BeyondLunas processing of personal data can be

found in BeyondLunas Privacy Notice through the following link:

https://beyondluna.com/doc/privacynotice-en.html.

Processor: BeyondLuna shall, in its capacity of a Processor regarding processing of personal data on

behalf of the Service Recipient and in accordance with the Service Recipients instructions, Process

Personal data in accordance with the GDPR.

Registration of Personal Data: To the extent that it is not necessary for use of the Platform, the User

may not register in the Platform:

• more of their own Personal data than is necessary, or

• any sensitive Personal data, for example data that reveals information about health, religious

beliefs, trade union affiliation, political opinions, sexual orientation, etc.

Information about students: BeyondLuna’s Processing of Personal data about students within the

scope of the Service is regulated by a data processing agreement entered between the Parties.

9. SUPPORT AND MAINTENANCE ETC.

Availability: BeyondLuna is responsible for technical support and maintenance of the Platform and

strives to provide the Platform every day of the week, 24 hours a day, using commercially reasonable

efforts. However, BeyondLuna cannot guarantee such availability and hereby inform that there may be

disruptions that make the Services unavailable for a certain period, for example due to circumstances

that are unforeseeable, or predictable but which BeyondLuna cannot prevent despite BeyondLunas

commercially reasonable efforts (for example but not limited to malicious actions by third parties,

internet outages or service interruptions by BeyondLunas contracted service providers that are not due

to BeyondLunas actions. Unavailability may also be caused by necessary security measures, technical

maintenance, or other planned downtime of which BeyondLuna will provide reasonable prior notice.

The User is not entitled to any form of compensation from BeyondLuna due to lack of access to the

Platform due to such permitted interruptions and/or scheduled maintenance. BeyondLuna makes no

guarantees whatsoever that the Platform will be free of interference or other technical complications.

Updates: The Platform is updated continuously. The Terms applicable at any time also apply to updates

to the Platform.

Internet connection: As an active internet connection is a prerequisite for the Platform to function, the

User understands that interruptions, delays, bugs, and similar obstacles due to the internet connection

do not constitute errors or faults in the Platform that BeyondLuna can be held responsible for.

Error reporting: Any complaints or similar regarding the Platform must be notified directly to

BeyondLuna by sending a message to the following email: support@beyondluna.com.

Remedy: BeyondLuna shall endeavor to respond to support requests and resolve error reports within a

reasonable time. In the event of an error in the Platform, BeyondLuna undertakes to make best efforts

to remedy the error as quickly as the circumstances require. The User does not have the right to invoke

any penalty other than remedial action and is not entitled to compensation, damages, or any other type

of compensation due to errors or deficiencies, suspensions, or interruptions in the Platform, unless

otherwise follows from Swedish mandatory legislation.

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10. INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS

User generated content: BeyondLuna does not claim ownership of content that the User registers on

the Platform. BeyondLuna has the right to access all information registered on the Platform, to check

that the Terms are being complied with and to fulfil its contractual commitments and obligations.

BeyondLuna has the right, but not the obligation, to remove content from the Platform, if BeyondLuna

considers that the content contravenes applicable terms, rules, instructions or otherwise is not compatible

with the Platform's purpose.

IP-rights: Neither Party assign or transfer any of its copyrights, patents, inventions, logos, trademarks,

service marks, domain names, trade names, know-how, trade secrets, and any other intellectual property

and proprietary rights ("IP-rights") to the other Party or any third-party due to the Agreement. Each

Party retains all interests, title, and rights in its respective IP-rights (except for any rights owned by the

Party’s licensors or third parties).

The right to use the Services, which is granted to theUser under this Agreement, do not convey any

additional rights in the Services or any of BeyondLuna’s IP-rights that are associated with the Services

and the right to use the Services. BeyondLuna owns all interests, title, and rights in the Services,

including the Platform and all related IP-rights. All code, text, software, scripts, graphics, files, photos,

images, logos, and materials contained on this Website, or within the Services, are the sole property of

BeyondLuna.

Unauthorized use of any materials contained on this Website or within the Service may violate copyright

laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you

believe that any of the materials infringe on any third party’s rights, please contact BeyondLuna

immediately at the info@beyondluna.com.

The User guarantees that it will not use images, texts or other IP-rights belonging to BeyondLuna in

associations, organizations, business activities or for other commercial purposes, without BeyondLuna’s

prior written approval. It is a material breach of contract to violate the provisions of this section.

Logo: The Service Recipient agrees that BeyondLuna may use the Service Recipient’s name and

standard logo, which the Service Recipient publishes on the Platform, on BeyondLuna’s Website (for

example in BeyondLuna’s client list), in its sales materials and otherwise freely in its commercial efforts

for marketing purposes.

Feedback: If the User or other third parties acting on the Service Recipient’s behalf, give BeyondLuna

any recommendations, enhancement requests, suggestions, or other feedback ("Feedback"), the Service

Recipient grant BeyondLuna a worldwide, royalty-free, assignable, fully paid, transferable,

sublicensable, perpetual, and irrevocable license to use, incorporate exploit, and modify any such

Feedback.

Analytics: Information relating to the use, performance, and provision of the Services ("Analytics")

may be used, collected, aggregated, and analyzed by BeyondLuna and such information may be used to

provide the Services to the User, as well as to improve the Services and other offerings provided or

developed by BeyondLuna. BeyondLuna has the right to anonymize all data generated in connection

with the User's use of the Platform. BeyondLuna also has the right to freely use, store and share such

anonymized data without limitation in time, including the right to use anonymized data for statistical

and evaluation purposes for the development of its Services.

Logging: BeyondLuna uses certain logging of the use of the Platform to, among other things, carry out

troubleshooting, investigate abuse, analyze intrusions, analyze the use of the Platform, and provide

information to authorities if required.

Subcontractor: BeyondLuna has the right to engage subcontractors for the fulfillment of its contractual

commitments and obligations according to agreements entered between BeyondLuna and the Service

Recipient.

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11. CONFIDENTIALITY

Each Party undertakes, within the term of the Service Agreement and thereafter, to observe

confidentiality regarding: all information, regardless of whether the information is written, oral or

electronic and regardless of whether the information is marked as confidential or not, which a reasonable

person would understand to be confidential given the circumstances of disclosure and the nature of the

information, including all information disclosed by one Party to the other Party which has been

designated as confidential and in tangible form.

Notwithstanding the above, confidentiality does not apply to information that:

a) at the time of disclosure by the disclosing Party, was already known to the receiving Party;

b) other than by violation of this Service Agreement or another valid agreement between the

Parties, is or becomes generally available to the public; or

c) without the use of the disclosing Party’s Confidential Information, was or is independently

developed by the receiving Party.

The Parties shall take all reasonable measures to minimize the risk of confidential information being

disclosed, disseminated, or used in an unauthorized manner. The Parties undertake to protect the other

Party’s Confidential Information from unauthorized access, disclosure, or use, with no less than

reasonable care and in the same manner as protection of its own Confidential Information.

Confidential Information of a Party may only, except as otherwise permitted under the Service

Agreement, be used by the other Party to perform its obligations, and exercise its rights under the Service

Agreement, and disclose such Confidential Information:

1) as reasonably necessary to comply with applicable law,

2) as necessary to comply with a subpoena or an order of court of competent jurisdiction or an

administrative agency, provided that the disclosing Party receives sufficient notice thereof from

the receiving Party, to enable it to seek an order to prevent or limit such disclosure of

Confidential Information, or

3) solely to the employees, contractors or third-party service providers who are bound by

confidentiality terms regarding all information shared with them and who need to know the

Confidential Information in question.

12. LIMITATION OF LIABILITY

Exemption grounds: Each of the Parties, including Third parties engaged by BeyondLuna to perform

parts of their contractual obligations or legal obligations, is exempt from penalty for failure to fulfill

their contractual obligations and is not liable for damages, if the failure is due to circumstances that

prevent the fulfillment of the obligation and which is beyond the party's control and whose consequences

he could not reasonably have avoided or overcome ("force majeure event"). As an force majeure event

shall be considered, for example, but not exclusively: epidemic, pandemic, authority decision, authority

action or omission, labor conflict, lightning strike, fire, war, attack, mobilization, newly introduced or

amended legislation and circumstances equivalent thereto, as well as errors or delays in delivery from a

subcontractor due to of circumstances beyond his control. When the obstacle ceases, the obligation must

be fulfilled in the agreed manner if possible.

Errors or interruptions: BeyondLuna is not responsible for errors or interruptions of the Service if it

has been caused by:

● upcoming attacks, such as viruses or other attacks on security;

● errors in theUser's IT-environment/hardware, which is not provided by BeyondLuna;

● circumstance outside BeyondLuna's area of responsibility for the Platform, for example lack of

communication or other products or services from third parties for which BeyondLuna has not

expressly taken responsibility;

● information, materials, files and other circumstances for which a User is responsible for;

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● errors, delays or damage due to Third-Party applications, plugins, services or similar which are

not under the control of BeyondLuna; or

● other circumstances beyond BeyondLuna's control as stated in the force majeure clause in the

section above.

BeyondLuna only reimburses the Service Recipient for substantiated and reasonable costs incurred as a

direct result of negligence on BeyondLuna's part. However, the Service Recipient is only entitled to

compensation for indirect costs, damages or losses, such as for example loss of profit or other

consequential damages, if BeyondLuna has acted intentionally or grossly negligently.

BeyondLuna’s aggregate liability to the Service Recipient and its Users shall be limited to, and not

exceed, the Subscription Fees paid by the Service Recipient to BeyondLuna during the twelve (12)

months before the first event giving rise to such liability.

Risk allocation: The pricing of the Services reflects the agreed risk allocations, which is an essential

part of the basis of the commercial contractual relationship between the Parties. There are some

jurisdictions which do not allow for some of the implied limitations or exclusions of implied warranties,

and in such cases, BeyondLunas liability will be limited to the greatest extent permitted by applicable

law.

13. ASSIGNMENT

BeyondLuna has the right, without the User's consent, to transfer the Terms, or its rights and obligations

under the Terms, in whole or in part. The User may not assign these Terms, or their rights and obligations

under the Terms, without the prior written consent of BeyondLuna.

14. CHANGES

Platform: BeyondLuna has the right to, at any time, change the Services, including Platform's

interaction design, layout, content, functions, and similar, without prior notice. This applies even if such

changes involve a changed user experience. In such cases, the User is not entitled to any form of

compensation from BeyondLuna due to such a decision.

Services: BeyondLuna has the right to, at any time, offer additional services, new services, change the

range of its Services and to cease the provision of its Services.

Service Agreement: BeyondLuna has the right to, at any time, change or add to the applicable terms of

the Service Agreement (except for the data processing agreement which can only be changed by written

agreement with the Service Recipient), and in such cases, the new agreement will supersede prior

versions. BeyondLuna can, for example, implement changes and/or additions to the terms:

● to clarify the content of the terms and conditions;

● when offering new services, functions, or additional services;

● if it is required due to a change in the law, authority decision, regulations;

● if the changes are intended to protect the Parties and/or the Platform; or

● if it is required for technical, operational or security reasons.

BeyondLuna will, with at least 30 days' notice, notify the Service Recipient of changes and/or additions

to the terms through the Platform, e-mail or in another appropriate way determined by BeyondLuna.

However, BeyondLuna always has the right to immediately make such changes and/or additions as are

prompted by law, regulation or authority decisions.

The User is responsible for keeping up to date with the applicable terms.

The Service Recipient has the right to terminate the Service Agreement in writing if a change and/or

addition to the Service Agreement is of significant importance to the Service Recipient. Such

termination must be received by BeyondLuna in writing at the latest when the change and/or addition

comes into force. If the Service Recipient does not terminate the Service Agreement before the changes

BEYONDLUNA TERMS OF USE

11 (11)

and/or additions come into force, this means that the Service Recipient and its Users accept the updated

terms.

15. INVALIDITY OF PROVISIONS

If any provision in the Service Agreement should be found wholly or partially unenforceable or invalid

by a court of competent jurisdiction, it shall not affect the validity and enforceability of the remaining

provisions. Instead, to the extent that the invalidity significantly affects the Party's exchange of or

performance according to the Service Agreement, a reasonable adjustment of the Service Agreement

must take place.

16. GOVERNING LAW AND DISPUTE RESOLUTION

The Service Agreement, and any dispute, controversy or claim arising out of or in connection with this

contract or its subject matter or formation, or the breach, termination, or invalidity thereof, shall be

governed by and construed in accordance with the law of Sweden.

Each Party irrevocably agrees that the courts of Sweden shall have exclusive jurisdiction to settle any

dispute or claim (including non-contractual disputes or claims), arising out of or in connection with the

Service Agreement or its subject matter or formation.

17. BEYONDLUNA'S CONTACT AND COMPANY DETAILS

Company: Mond Digital Solutions AB

Company reg. no.: 559152-9705

Email: info@beyondluna.com

Phone: +46 722 291 642

Postal address: Hamngatan 26A, 652 25 Karlstad, Sweden