TERMS AND CONDITIONS
1. Introduction
The apps Mjølnir Norwegian and Mjølnir Swedish (also, within this document, “Mjølnir”, “Mjølnir app”, “Mjølnir Norwegian”, “Mjølnir Swedish” or “the App”) and the website mjolnirapp.com (“the Website”) are operated by LightBlitz Learning LLC (“the Company”, or “LightBlitz Learning” or “We”).
The App and the Website can be collectively referred to as “the Services”.
When you access any portion of our App and/or Website, whether as a new, existing, or former user, you confirm that you have read, comprehended, and agreed to abide by these Terms & Conditions (“Terms”).
We may update our Terms periodically. All changes will be posted on this page, with the date of the modifications displayed at the top, so you can be aware of when the Terms were last revised. This is also applicable to our Privacy and Cookie Policies. Your ongoing use of our App and/or Website after any modifications indicates your acceptance of those changes. If you do not agree to comply with these Terms, please refrain from accessing our App and/or Website for the first time or discontinue using them, as you are not authorized to do so.
Unless specified otherwise, any new features added to the current App and/or Website, such as the introduction of new content and functionality, will be subject to these Terms.
By utilizing our App and/or Website, you acknowledge that (a) you are at least 13 years old and (b) your usage will not contravene any relevant laws or regulations in the province, state, territory, or country where you reside.
2. Our Content
The content accessible through our App and/or Website, including but not limited to text, audio, graphics, images, designs, web pages, information, scheduling algorithms, and flashcard functionality, is either owned by us or licensed to us by a third party (“Our Content” and “Our Functionality”). You acknowledge and agree that you are strictly forbidden from utilizing Our Content unless we grant you a limited license to use Our Content in connection with our App and/or Website.
Our name and logo, “Mjølnir”, are our registered trademark/service mark. The trademarks, service marks, and/or logos of other organizations within our App and/or Website belong to their respective organizations. You are not granted any general rights or commercial licenses concerning our trademarks, service marks, and logos or those of other organizations.
3. Description of The App And Website
The App enables users to access and utilize Our Content via Our Functionality with the objective of acquiring concepts relevant to language learning.
The Website displays portions of Our Content, along with other concepts relevant to Our App, Our Content, and Our Functionality.
We reserve the right, at our sole discretion, to modify or discontinue any aspect of the App and/or Website, temporarily or permanently, at any given time.
4. Free Trial
The Company provides the User with access to its App free of charge, offering full functionality with limited content for a restricted duration (“Free Trial”).
During the Free Trial, users are required to create an account through a “single sign-on” process using the external provider Google and, for the iOS app, Apple ID. More details can be found further below. The Free Trial is time-limited and does not continue into a freemium version of the app.
We reserve the right to limit, downgrade, or discontinue the Free Trial without prior notice.
No guarantees, indemnity, maintenance, or support from us are applicable to the Free Trial.
5. User Account Creation and Deletion
During the Free Trial, users must register for an account by connecting through a selected social media account, using Google or, in the case of the iOS app, Apple ID.
Users are solely responsible for maintaining the confidentiality of their account details and for all activities conducted under their account.
Each user account should be used exclusively by the individual who created it and must not be shared with or transferred to others.
Users must promptly notify us via our Contact Us page if they suspect or experience unauthorized or fraudulent use of their account or any security breach.
Users can delete their account and terminate their use of the App at any time by selecting the Delete Account option in the Account section of the App’s Control Panel.
Upon account deletion, the user’s license will be revoked, and all account-related information will be deleted.
This includes, but is not limited to, data about your progress through Our Content, your chosen study routine settings, and the flashcard decks you selected.
We cannot be held liable for the deletion of information or content from your account.
At the time of account deletion, users with an active subscription will not be refunded for any remaining subscription time. It is the user’s responsibility to cancel their Subscription, utilizing the appropriate functionality for their mobile operating system and/or App Store or Google Play.
6. Compliance to COPPA
Our Website and App are not targeted towards children and do not intend to collect personal information from individuals under the age of 13, to the extent that the Children’s Online Privacy Protection Act 1998 is applicable to us.
If you believe we have collected data about your child or children, you may request rectification and/or deletion of the data pertaining to your child or children by contacting us.
7. User Conduct and Rights of Use
In accordance with these terms and conditions, the Company grants the User, during a Free Trial and/or Subscription, a non-exclusive, non-transferable, non-sublicensable worldwide right and license to utilize the Services solely for the User’s personal purposes (“License”).
The User is prohibited from (and shall ensure no third party engages in) directly or indirectly:
(i) duplicating the Services or any of its content onto any public or distributed network and, similarly, modifying any proprietary rights notices present in the Services or their components;
(ii) selling, reselling, transferring, assigning, sublicensing, distributing, sharing, leasing, renting, using for external commercial purposes, outsourcing, employing within language tutoring contexts (in person or remotely, live or via recorded and asynchronous media), using on a timeshare basis, or using in an application service provider or managed service provider setting, or otherwise deriving income from the Services;
(iii) altering, adapting, translating, or generating derivative works from any part or the entirety of the Services; or
decompiling, reverse engineering, or disassembling any segment of the Services, or otherwise striving to uncover any source code, object code, or underlying structure, concepts, know-how, or algorithms or other operational mechanisms of the Services, except when permitted by mandatory statutory law;
(vi) Refrain from using any Services in ways that violate applicable laws and regulations (including export laws, restrictions, national security controls, and regulations) or that exceed the scope of rights established in this Clause 4;
(vii) Avoid configuring the Services to gather (vii-1) data considered sensitive personal data or ‘special categories of data’ as defined by the EU General Data Protection Regulation (“GDPR”) or any relevant national data protection law or regulation; passwords or other authentication credentials; payment or financial data, biometric data, or genetic data; or data related to individuals under the age of sixteen (16) years (collectively, “Prohibited Data”); or
(viii) Abstain from using the Services to store, download, or transmit infringing, libellous, or otherwise illegal or tortious material, or malicious code or malware; participate in phishing, spamming, denial-of-service attacks, or other illicit or criminal activities; interfere with or disrupt the integrity or performance of third-party systems or the services and data contained within; attempt to gain unauthorized access to the Service or the Company’s systems or networks; or conduct or involve any third party in performing penetration testing, vulnerability assessments, or other security evaluations.
The User is not allowed to copy, process, distribute, share, or use for public display any content from the Service unless explicitly permitted by the sharing features that may be incorporated within the Services.
The User must not export or re-export, either directly or indirectly, any Services, technical data, or any copies, portions, or direct products thereof, in violation of any applicable laws and regulations.
The User is permitted to use the Services only as outlined in the Documentation.
The Company reserves the right to monitor the User’s utilization of the Services and may prohibit or suspend any use of the Services that it believes to be in breach of this Clause 7.
8. Third-Party Content and Links to Third-Party Services or Products
The Services may include content owned by third parties and links to other services or products, including (but not limited to) Facebook, YouTube, Instagram and Google Plus (“Third Party Services or Products”). We neither endorse, sponsor, recommend nor accept responsibility for any interactions with these Third Party Services or Products. They are not under our control, and we are not responsible for their content or privacy practices, including, but not limited to, links contained within Third Party Services or Products or any changes or updates to them. We may provide third-party content and Third Party Services or Products for your convenience only, and the inclusion of such content and services or products does not imply our endorsement of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through Third Party Services or Products. We have no responsibility for the content on Third Party Services or Products that you may find or access while using our Services. Content available on or through Third Party Services or Products may be protected by copyright and intellectual property laws of any country.
9. Subscription Fees
Some parts of the App can be accessed for free during a limited time frame. We reserve the right to alter the available content and duration of free access at any time without prior notice, including the complete removal of free access to any content.
Users can also choose to subscribe to our monthly (Monthly Plan) or annual (Annual Plan) subscriptions (collectively referred to as “Plans”) to gain full access to the App’s content for the duration of these subscriptions. Our fees are subject to various subscription plans, gift plans, and promotions, allowing us to update our fees as needed.
All fees are collected at the start of the billing period.
If you choose the Monthly Plan, your subscription will automatically renew as a rolling subscription at the end of each month, which is approximately one month from the activation date of your Monthly Plan.
If you opt for the Annual Plan, your subscription will automatically renew as a rolling subscription at the end of each year, on the anniversary of your Annual Plan’s activation (each referred to as a “Renewal”). At the end of your current Plan, the payment method used for the Fees will be charged for the Renewal.
You understand that any changes in Fees will not impact your existing subscription Plan. Therefore, if you have signed up for a Plan at a specific Fee, any Fee changes will not affect your current subscription or any Renewals.
You can cancel your membership at any time through your account settings. By cancelling your subscription, you acknowledge that you will not receive a refund for any remaining time on your Plan, and your access to the App will continue until the end of the billing cycle for which you have prepaid.
10. Privacy Policy
The usage of the App and the Website is subject to our Privacy Policy, accessible at
https://mjolnirapp.com/index.php/privacy/
By utilizing the App and/or the Website, you agree to the terms of the Privacy Policy. As a result, you consent to the gathering and use (as specified in the Privacy and Cookie Policies) of this information.
11. Warranties or Representations
We, along with our officers, employees, contractors, suppliers, affiliates, agents, and licensors, cannot guarantee that our App and/or Website, or any content within, will consistently be available, uninterrupted, and free from bugs or viruses. It is your responsibility to utilize appropriate anti-virus software. You are responsible for setting up the necessary programs on your computer, mobile phone, or other electronic devices to access our App and/or Website. We may suspend, withdraw, or limit the availability of all or any part of our App and/or Website for business and operational reasons. We will attempt to provide you with reasonable notice of any suspension or withdrawal, although this may not always be possible.
You acknowledge and agree that the App and/or Website are provided “as is” and that you use the App and/or Website at your own risk. To the maximum extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of suitability of the App and/or Website for a specific purpose. We do not make any representations or warranties of any kind and do not assume any responsibility for your improvement in language learning or any other subject through the use of our App and/or Website, or for the accuracy of any content available via the App and/or Website. Access to the App and/or Website might be slow, limited, or unavailable during periods of high demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.
The content accessible through our App and/or Website is supplied for general informational purposes only. It should not be considered as advice on which you should depend. While we make reasonable efforts to keep the information on our site current, we offer no representations, warranties, or guarantees, either express or implied, regarding the accuracy, completeness, or timeliness of the content on our site.
12. Indemnity
You recognize and affirm that we, our executives, employees, contractors, suppliers, associates, agents, and licensors, shall not be held responsible for any harm, including but not limited to incorrect outcomes, loss or corruption of your progress data or other data, inaccuracies in our content, inability to access the Services, the expense of alternative services, third-party claims for damages to computers, software, modems, phones, or other property, indirect, incidental, special, consequential, or exemplary damages, even if we have been made aware of the possibility of such damages. We offer our App and/or Website solely for personal, non-commercial use. You agree not to utilize our site for any commercial or business purposes unless you have obtained prior written approval from the Company. We bear no responsibility for any loss of profit, loss of business, business disruption, or loss of business opportunity.
We do not exclude or limit our liability to you in any manner that would be illegal. This encompasses liability for death or personal injury resulting from our negligence or the negligence of our employees, agents, or subcontractors, as well as for fraud or fraudulent misrepresentation.
Our maximum combined liability to you in connection with any paid subscription (regardless of whether such liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise) shall not surpass the total sum of the Fees paid by you to us for the Services in the 12 months preceding the initial action that led to the liability, as permitted by applicable law. This is an aggregate limit that will not increase based on the number of claims you submit. If you have not paid any Fees and have only used the free Services offered by the App and/or Website, you will not be entitled to any damages.
If you are involved in a dispute with another User that is related to, arises from, or is in any way connected to the use of the Services, you release us from all claims, demands, and damages of any kind or nature that may arise out of or be in any way associated with such dispute.
13. Proprietary Rights
All proprietary rights are owned and retained by the Company and its suppliers, encompassing copyright, database rights, patent, trade secret, trademark, educational written content, audio, and all other intellectual property rights and technical solutions related to the App, not limited to learning contents and didactic methods. It is acknowledged by the User that the rights granted under any Order do not bestow upon them any title or ownership of the App and/or Website.
The implementation of new versions and upgrades to the Services is reserved by us, which may occur at any time without prior notice. This can include changes that impact the design, operational methodology, technical specifications, systems, and other functionalities of the Services.
14. Termination
The right to alter, temporarily suspend, or permanently delete your Account and terminate your access to the Services is reserved by us if we have reason to believe that the Terms have been breached or acted inconsistently with by you. Upon termination, your License will be automatically revoked, and the right to delete your Account and erase all or any information on your Profile is reserved by us. You agree that we shall not be held liable to you for any modification or discontinuance of the Service. Due to technical reasons beyond our control, the complete disappearance of your personal information from search engines (such as Google) may take some time. No liability is accepted by us for the deletion of information or content from your Profile. If your Account is terminated while you have an active subscription, no refund will be provided for any remaining time on your subscription.
The provisions within these Terms and Conditions concerning the protection and enforcement of the Company’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 continue to be in effect after any such termination.
15. Data Protection
The necessary consents from individuals for the collection, utilization, and processing of their personal data are required to be obtained by the User and the Company, while adhering to the requirements of any relevant privacy and data protection legislation, including but not limited to the GDPR. Additionally, suitable technical and organizational measures are to be implemented to guarantee the security and confidentiality of the personal data. Further details on how the Company complies with applicable privacy and data protection legislation can be found in the Company’s Privacy Policy.
The processing of personal data by us is described in greater detail in our privacy policy, which can be accessed at https://mjolnirapp.com/index.php/privacy/
16. Assignment, Novation, and Assignment Prohibition
Assignment by the Company: The right to assign, transfer, or delegate any Order and/or any associated rights, either wholly or partially, to a third party is reserved by the Company. Such assignment shall be executed in a manner that ensures the User’s rights under the said Order remain uncompromised and undiminished.
Novation: Without undue delay, the User agrees to promptly enter into a novation agreement with a designated third party concerning any Order, upon the Company’s request. This action enables the Company to exercise its rights according to Clause 15.
Assignment Ban for the User: The User is forbidden from assigning, transferring, or delegating any of their rights or obligations under any Order or these Terms without securing the prior written consent of the Company.
17. Entire Agreement, Severability, Amendments, and Revision
Entire Agreement: The complete agreement between the User and the Company regarding its subject matter is constituted by the Order, together with these Terms. All prior negotiations and agreements between the parties, whether written or oral, concerning the same subject matter, are superseded by this agreement.
Severability: In the event that any provision of the Order or these Terms becomes invalid or unenforceable, whether wholly or partially, the validity and enforceability of the remaining provisions shall not be affected. The invalid or unenforceable provision will be replaced by a legally permissible provision that closely mirrors the original intent and purpose of the parties. If the invalidity or unenforceability is due to a specific performance level or time frame, the replacement provision will be as legally close as possible to the original level or time frame. This clause also applies to any unintentional omission in the Order or these Terms.
18. Language
The original version of this agreement was composed in English (US). In the event of any discrepancies between a translated version of this agreement and the English version, the English version shall prevail.
19. California Resident
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you have a right to report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You may do so by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at +1 (800) 952-5210.
20. Miscellaneous
The complete agreement between the Company and you concerning the subject matter herein is embodied in these Terms and Conditions. If a court or other competent jurisdiction deems any provision within these Terms and Conditions unenforceable, such provisions will be limited or removed to the minimum extent necessary, ensuring that the remaining Terms and Conditions continue to be fully valid and enforceable. A waiver by the Company or you of any provision within these Terms and Conditions or any breach thereof, in any single instance, will not result in a waiver of the same provision or any subsequent breach. The right to assign its obligations or rights under these Terms and Conditions without any restrictions is retained by the Company. These Terms and Conditions are binding upon and will benefit the Company and you, as well as the respective successors and permitted assigns of the Company and you.