End-User License Agreement
Effective date: July 3, 2020
Please read this End-User License Agreement (EULA) carefully before clicking the "I Agree" button, downloading or using any of the Nexgen applications (neo Portal, neo Study App, and neo LIVE), neo courseware, neo websites or neo services (Application). Nexgen English Online Co. (Nexgen) is the owner of the Application and is a registered California corporation. This EULA is a legal agreement between an individual or single entity (you, your) and Nexgen and it governs your use of the Application, Courseware, and Services made available to you by Nexgen. By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by Nexgen. Nexgen grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application, solely for the purposes strictly in accordance with the terms of this EULA. The Application is made available for individual use only and is not transferable. Upon registration, the service will execute a confirmation procedure that will conclude with “Account Confirmation” that will proclaim that you are the owner of your account after you “Confirm”. If you become aware of any unauthorized use of your account immediately notify Nexgen. Nexgen will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. your rights to use the Application are specified in this EULA, and Nexgen retains all rights not expressly granted to you in this EULA. you may not copy, reproduce, distribute, or exploit any content, code, data, materials, or design, including but not limited to any copyright, patent rights, database rights or any other intellectual property and proprietary rights therein. Use of Nexgen applications, courseware, or services does not grant you ownership of any Nexgen content, code, data, or materials. Any distribution, publishing or exploitation of Nexgen Application is strictly prohibited unless you have received prior written permission from Nexgen. Nothing in this EULA constitutes a waiver of Nexgen’s rights under United States and International Copyright law or any other federal or state laws, copyright laws or any other applicable laws of other nations.
The Application may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services (Third-Party Services). you acknowledge and agree that Nexgen shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Nexgen does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and your access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Terms of Service
1. Using the neo System, you study towards the successful completion of a Common European Framework of Reference for Languages (CEFR) level and can earn a CEFR correlated English Certificate.
2. The neo System requires you to fulfil Study Points and Coaching Points. Study points are earned by studying with the Application. Study Point requirements depend on the Certificate level and can be found in the Application. We suggest you conduct one online coaching session with the Application every two weeks, where each session will earn you Coaching Points. The Coaching Points requirements are found in the Application and in Nexgen’s Frequently Asked Questions (FAQ).
3. Once you fulfil the Study Points and Coaching Points requirements, Nexgen will ask you to take the level’s Certificate Test in the Application. At this point, you can choose to take the Certificate Test or study review lessons in preparation before the Certificate Test.
4. If you fail the Certificate Test, Nexgen will require you to study review lessons in the Application. The level’s Certificate Test will open again after you have completed the required review lessons. Nexgen will allow a level’s Certificate Test to open a maximum of three (3) times.
5. After you pass a Certificate level’s Certificate Test, Nexgen will make available your earned certificate once you have paid the level’s fees.
6. Nexgen will make your certificate available through the Application. you may choose to print the certificate to present to your school, university or employer.
7. Nexgen’s CEFR correlated certificates are issued by the education company DynEd International, Inc., based in San Jose, California.
8. Nexgen provides a Session Simulator, an exclusive tool that you can use to simulate online coaching session on the Application. Running this step is mandatory to determine if your internet connection is adequate to connect and interact in an online coaching session. This step should be executed in the environment where the booked session will take place. In a case where the internet connection does not deliver sufficient bandwidth or stability, we suggest you switch to a faster or more stable internet connection. We are not responsible for any connection disturbance while trying to connect or during ongoing sessions.
9. If our trained coach does not show up for a scheduled online coaching session or is late by five minutes or more, Nexgen will refund the session’s online coaching session tokens and the time remaining in the coaching session is free.
1. Nexgen also offers a guarantee that in a specific number of months you will successfully pass the procured level’s Certificate Test and to be issued a CEFR correlated certificate. See Nexgen’s Frequently Asked Questions (FAQs) for guaranteed study times.
2. To qualify for the guarantee, you must earn a predetermined number of Study Points each week and complete a minimum number of Coaching sessions per level. See Nexgen’s Frequently Asked Questions (FAQ’s) for Study Points and Coaching session requirements.
3. If you fail your level’s first Certificate Test on or before the last day of the guaranteed period for your study level, Nexgen will award 4 free tokens to book online coaching session/s on your account so that you can be better prepared for a second try at the level’s Certificate Test.
4. Nexgen’s guarantee is only to award free online coaching session tokens for a first-time failure of a level’s Certificate Test. Subsequent Certificate Test failures, of the same level, do not result in additional online coaching session token awards. In the event that you have completed all the requirements for the guarantee and fail the online tests, Nexgen will contact you to receive a personal, online interview with a testing expert.
5. If your Certificate Test opens after the last day of the guaranteed period for your study level and you fail the Certificate Test on your first try, Nexgen will not allocate any additional online coaching session tokens.
1. Why we collect personal information? Nexgen collects personal information to help deliver a superior level of service and support. In addition, your personal information helps to keep you informed about product announcements, updates and special offers. If you subscribe to Nexgen electronic mailing lists, Nexgen may periodically send you the latest information on products and services. you can choose to unsubscribe at any time.
2. What information do we collect? Your personal information helps to give you better service in several ways. At such times, we may collect personal information relevant to the situation, such as your name, phone number, email address, information about neo product(s) you own, such as date of purchase, and information relating to a support or service issue. We may obtain information about you from third parties when you make transactions, information regarding your use of payment methods, and the identity of your card issuer or financial institution.
3. When we disclose your information? Nexgen takes your privacy very seriously. When you use neo product or service, you trust Nexgen with your information. Nexgen does not share personal information with companies, organizations, or individuals outside of Nexgen (and DynEd International) unless it is with your consent or if it is required by law.
4. How we protect your personal information? Nexgen takes precautions, including administrative, technical, and physical measures, to safeguard your personal information against loss, theft, misuse, as well as unauthorized access, disclosure, alteration, and destruction.
5. Region specific privacy and data compliance? Nexgen products and services are completely in compliance, at the time of the Effective Date, with the following Data Privacy regulations: GDPR, FERPA, COPPA, CDPL, PDPA, DPL, PDPL, and PDPO. For more information please see Contact Information.
Registration and Requirements
1. You must register and pay a certain fee in order to obtain full access to Nexgen Application and functionalities. you will be asked to provide your personal information and data (the “Personal Information”) as part of the process.
2. Prior to payment, you will be asked to purchase a Certificate at your next level, that defines the fee you will be charged.
3. Once you have finished the registration and payment process, Nexgen will require you to create a single login (the “neo Universal Login”) that will be used to access the neo Ecosystem services.
4. To begin study, you have to download the Application to a device that meets the following requirements:
4.2 iOS 10.0 or higher for an iOS mobile device and Android 4.1 or higher for an Android mobile device.
4.3 Properly working headphones with microphone for Speech Recognition activities.
4.4 A device with accurately and correctly set time.
5.2 Nexgen offers additional tokens sold in multiples of eight tokens. If you buy more tokens during your study, unused tokens at the completion of your certification level will remain in your account and can be used at your own discretion.
5.3 Nexgen does not limit frequency of booking online coaching session with our trained coach on the Application. However, for effective study, we strongly suggest you book a coaching session at least once every two weeks as suggested in our Terms of Service above.
5.4 Supported Browsers:
220.127.116.11 Mozilla Firefox 58.xx or later (PC or mobile)
18.104.22.168 Safari 11.xx or later (PC or mobile)
a dedicated internet connection with a minimum of 512/kbps
This EULA shall remain in effect until terminated by you or Nexgen. Nexgen may, at its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. This EULA will terminate immediately, without prior notice from Nexgen, if you fail to comply with any provision of this EULA. you may also terminate this EULA by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this EULA, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer. Termination of this EULA will not limit any of Nexgen’s rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.
Amendments to this Agreement
Nexgen reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, Nexgen will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Nexgen’s sole discretion. By continuing to access or use Nexgen’s Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
You expressly acknowledge and agree that the use of the Application is at your sole risk. To the maximum extent permitted by applicable law, the Application and any services performed or provided by the Application are provided “as is” and “as available,” with all faults and without warranty of any kind, and Nexgen hereby disclaims all warranties and conditions with respect to the Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and / or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by Nexgen or its authorized representatives shall create a warranty. Should the Application or service prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability
To the extent not prohibited by law, in no event shall Nexgen be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Nexgen has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Nexgen’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount equal to the purchase price of the Application. The foregoing limitation will apply even if the above stated remedy fails of its essential purpose.
The laws of California, United States, excluding its conflicts of law rules, shall govern this EULA and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The EULA constitutes the entire agreement between you and Nexgen regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Nexgen.
If you have questions about this Agreement, please contact us at email@example.com