Allgemeine Geschäftsbedingungen

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These terms of use (the "Terms") govern access to and use of Lekko (the "Service"), provided by NelMil AS, Terrasseveien 31 E, 1363 Høvik, Norway, company registration number 934 480 724 ("NelMil", "Lekko", "we", "us" or "our").

By using the Service, you agree to be bound by these Terms. If you use the Service on behalf of an organisation (a housing cooperative, jointly owned property, kindergarten, school or business), you confirm that you have the authority to bind that organisation. "Customer" then refers to the organisation.

The Terms also apply to persons the Customer invites into the Service ("Users"). The Customer is responsible for its Users and their use of the Service, including payment. If you do not accept the Terms, you must not use the Service.

1. Scope of the Service

Lekko is a digital tool for internal control of playground equipment: checklists, inspection reminders, registration of deviations and observations, photos, history and reports.

The Service is a technical and administrative aid only. Lekko does not carry out inspections, and does not guarantee that equipment is safe, that inspections have been carried out correctly, or that the Customer's internal control meets applicable regulations.

Lekko does not replace the annual main inspection, which is normally carried out by an external qualified inspector. The checklists are based on recognised standards (including EN 1176 and EN 1177), but it is the Customer's responsibility to ensure that its internal control meets the requirements applicable where the playground is located.

2. The Customer's responsibility

The Customer is responsible for:

• ensuring that the playground equipment is safe and that local regulations are followed
• ensuring that inspections are actually carried out, and that deviations are followed up and corrected
• ensuring that the information registered in the Service is correct
• assessing whether and when expert assistance is needed

Status displays, colours, reminders and reports are based on what the Customer has registered, and do not constitute any assessment of actual safety.

3. Account and access

To use the Service, the Customer must create an account. Login is passwordless, via a one-time link or code sent by email. The Customer is responsible for keeping access to its email account and any access codes confidential, and for all activity under the account.

The Customer may give several people access with different roles, and create access codes for people who carry out inspections. The Customer is responsible for who is given access, and for removing access when it is no longer needed.

4. Subscription, price and payment

The Service is offered as a subscription, in two variants:

• Monthly subscription, with no minimum term. Paid in advance each month, renews automatically, and may be cancelled at any time with effect from the end of the current month.
• Annual subscription. Paid in advance for twelve months, at a lower monthly price. Renews automatically. May be cancelled at any time; access continues until the end of the prepaid period, and the amount is not refunded.

Current prices are always shown in the Service at the time of ordering, in the currency that applies to the Customer's country.

Who the Customer pays. For Customers outside Norway, payment is handled through Stripe Managed Payments. Stripe (Stripe Payments Europe, Ltd. or another company in the Stripe group) acts as merchant of record and is the seller for the payment transaction. Stripe collects the payment, is responsible for determining, collecting and reporting applicable value added tax or sales tax, and issues the receipt. Receipts and card or bank statements will therefore show Stripe rather than NelMil AS. NelMil remains the provider of the Service and the Customer's counterparty under these Terms.

For Customers in Norway, NelMil AS is the seller, and Stripe is used as payment provider only.

Value added tax. For Customers outside Norway, applicable value added tax or sales tax is determined and handled by Stripe based on the Customer's location, and is shown before the order is confirmed. NelMil is not currently registered in the Norwegian VAT register, and prices for Customers in Norway are therefore without Norwegian value added tax. If NelMil becomes registered, we will give advance notice, and value added tax will be added to the price from that point.

Payment is handled by Stripe; we do not store your full card details.

Receipts, invoices and refunds. Questions about prices, receipts, invoices or refunds may be sent to us at hello@lekko.tech. Where Stripe acts as merchant of record, refunds are processed through Stripe.

We may change prices with advance notice. For annual subscriptions, price changes take effect from the next subscription period.

5. Right of withdrawal for consumers

Lekko is made for organisations, and most Customers are not consumers. If the Customer is nevertheless a consumer buying at a distance, the following applies:

The Customer has the right to withdraw from the agreement within 14 days of it being entered into, without giving any reason. The right is exercised by notifying us at hello@lekko.tech within that period.

If the Customer asks for the Service to be made available immediately, delivery begins during the withdrawal period. If the Customer then withdraws, the Customer pays a proportionate amount for the period during which the Service has been available, and the remainder is refunded.

Where Stripe is the seller for the payment transaction, we coordinate the refund with Stripe.

The free plan requires no payment, and the right of withdrawal becomes relevant only once a subscription is ordered.

6. Free plan and trial

The Service may be tried free of charge. The free plan is limited in scope, as stated in the Service at any given time, currently 2 pieces of equipment, 1 inspection, 1 user and 3 deviations in total. Paid features (reports and export, areas, inspection codes, custom checkpoints, templates) require a subscription. We may change or discontinue the free plan with reasonable notice.

7. Customer data

Data registered by the Customer (equipment, inspections, deviations, photos, reports) belongs to the Customer. The Customer grants us the right to process this data to the extent necessary to deliver, operate, secure and improve the Service.

The Service is designed to document physical equipment and routines, not people. The Customer must not register personal data about children or other sensitive personal data. The processing of personal data is described in the privacy policy.

The data processing agreement between the Customer and NelMil forms part of the Terms and governs NelMil's processing of personal data on the Customer's behalf. By accepting the Terms, the Customer also accepts the data processing agreement.

On termination, the Customer may export its data within a reasonable time before the account is closed. We may delete Customer data after a reasonable period following termination.

8. Acceptable use

The Customer must not:

• use the Service in breach of applicable law
• attempt to circumvent technical limitations, security mechanisms or access controls
• copy, modify, decompile or create derivative works of the Service
• resell or make the Service available to third parties without a written agreement
• upload unlawful, infringing or harmful content

We may suspend access in the event of a material breach, after notice where practically possible.

9. Intellectual property rights

All rights to the Service (software, design, checklists, trademarks and content we have developed) belong to NelMil or our licensors. The Customer receives a limited, non-exclusive and non-transferable right of use for the duration of the subscription period.

10. Availability and changes

We aim for high availability, but do not guarantee that the Service is error-free or always available. We may further develop and change the Service; changes that materially reduce functionality will be notified in advance.

11. Limitation of liability

The Service is provided "as is". To the extent permitted by applicable law:

• Lekko is not liable for personal injury, damage to property or other loss caused by the condition of the equipment, missing inspections, inadequate follow-up of deviations, or the Customer's failure to comply with regulations
• Lekko is not liable for indirect loss (lost profits, loss of data, third-party claims)
• Lekko's total liability is limited to the amount the Customer has paid during the twelve months preceding the date the claim arose

Nothing in these Terms limits liability that cannot be disclaimed under mandatory law.

12. Termination

The Customer may terminate at any time, with effect from the end of the current subscription period. Prepaid amounts are not refunded, unless otherwise required by mandatory law or by section 5. We may terminate with reasonable notice, or with immediate effect in the event of a material breach.

13. Changes to the Terms

We may update the Terms. Material changes will be notified in advance in the Service or by email. Continued use after the changes take effect constitutes acceptance. If you do not accept the changes, the subscription may be terminated with effect from the date the changes take effect.

14. Assignment

The Customer may not assign its rights or obligations without our written consent. We may assign the agreement in connection with a reorganisation, merger or sale of the business.

15. Governing law and disputes

The Terms are governed by Norwegian law. Disputes shall be settled by the Norwegian courts, with Oslo District Court as the legal venue. If the Customer is a consumer, or mandatory rules in the Customer's home country provide better rights, those rules take precedence over this clause. For the payment transaction itself, where Stripe is the seller, Stripe's own terms towards the Customer also apply.

16. Contact

NelMil AS Terrasseveien 31 E, 1363 Høvik, Norway hello@lekko.tech