Terms and conditions
Welcome to MOTH
These are our terms of use. Information about cookies and privacy is available through separate links on our website. Please read this document carefully. It describes your rights and your obligations as a user. Our privacy policy also explains how we process and protect your personal data and where to contact us with questions. Thank you for choosing our service.
Terms
These terms of use, including the privacy and cookie provisions referred to below (the “Terms”), are issued by MOTH AS, organisation number 926 789 716 (“MOTH” or “we”, “us”, “our”). They apply to you as an individual or legal entity (the “Customer” or “you”, “your”) who has registered as a user of MOTH's service or any of MOTH's applications (together, the “Service”), or entered into a separate agreement to use the Service.
Users under 18
If you are under 18, both you and your guardian must consent to these Terms on your behalf. By accepting these Terms as the person responsible for a Customer under 18, you confirm your consent to the agreement between MOTH and the Customer. MOTH reserves the right to contact the guardian to confirm that valid consent has been given.
The Service and payment
The Service
The Service means MOTH's digital learning service, including all functionality, interfaces and content, such as text, music, images, video, underlying data and software, that MOTH makes available from time to time on websites and in applications. Some parts may be provided free of charge. Other parts require payment before use. Parts accessible only after payment are called the “Paid Service”. Parts that do not require payment are called “Free Services”. More information is available at www.moth.no.
MOTH reserves the right to change and update the Service at any time. Its content, structure, functionality and search system may therefore change over time. You agree that you cannot hold MOTH liable or bring claims against MOTH because the Service has been changed in the manner described above.
Codes and other prepaid offers
Codes, gift cards, prepaid offers and similar offers providing access to the Paid Service (“Codes”) may occasionally be supplied or sold by or on behalf of MOTH. Special conditions may apply to a Code, including conditions governing access to the Service. By using a Code, you agree to comply with those conditions, which form part of the agreement between you and MOTH.
Licence and your rights as a user
Intellectual property
The Service and all intellectual property rights relating to it belong to MOTH or its licensors. All rights not expressly granted to the Customer under the agreement are reserved to MOTH. No intellectual property right, or part of one, is transferred to the Customer beyond the right of use specified in the agreement. You may not analyse, examine, modify, copy, distribute, sell or otherwise dispose of the Service in a manner relevant to intellectual property, except as permitted by this agreement or mandatory applicable law, or with MOTH's prior written approval.
Licence agreement
MOTH grants you a nonexclusive right to use the Service under this agreement, subject to the rights and restrictions associated with purchasing the Service or using a Free Service. The licence is granted to a named individual or an agreed number of users, as specified in a separate purchase or at registration. The following conditions also apply.
A) Individuals
Users making a private purchase may use the Service individually. Each account is personal and may not be shared. Access is granted when registration is complete and the Terms have been accepted. The Service is considered delivered when the Customer has access following registration and acceptance of the Terms.
B) Legal entities
Users with access through a legal entity may use the Service for the number of users agreed in the purchase agreement. The Customer is responsible to MOTH for ensuring that users comply with this agreement. Access is granted when registration is complete, the Terms have been accepted and a contact person appointed by the Customer has received the necessary access information by email. MOTH sends this information as soon as the Customer has supplied contact details and MOTH has registered them. The Service is considered delivered when access details have been sent to the Customer.
Use of the Service in schools
Educational content, hints, examples, text, images and video supplied through the Service and produced by MOTH may be used freely in schools that are Customers and pay for licences per pupil and teacher. The number of licences is based on pupil and teacher numbers at the start of the school year or when an agreement to use the Service was made. Registered teachers may print and copy material for classroom use, and pupils may use material in group work and school reports.
User content
You retain ownership and intellectual property rights in content you create through the Service and feedback you otherwise provide to MOTH (“User Content”). By entering into this agreement, you grant MOTH an unlimited, nonexclusive licence to use that content to develop and market the Service, including the right to modify it and sublicense it to a third party. You acknowledge that this licence continues after termination of the agreement, regardless of the reason for termination.
Right of withdrawal
Under the law on distance contracts and contracts made outside business premises (SFS 2005:59), you have a right of withdrawal for 14 days after the day the Service is purchased. A Customer wishing to exercise this right within that period may cancel the purchase.
Agreement and assignment
The Customer may not assign or transfer rights or obligations under the agreement without MOTH's consent. MOTH may assign the agreement or parts of it and delegate some or all of its obligations. You may not assign the agreement or any part of it, or transfer or sublicense your rights under it to a third party.
Use and responsibility
The Customer must not use the Service contrary to the agreement or applicable laws and regulations. The Customer must not disclose usernames or passwords to unauthorised persons and must store documents containing access details so that unauthorised persons cannot access them.
Support
MOTH provides support by email. We aim to reply within 48 hours, but cannot always guarantee a response within that time. Contact post@moth.no.
Liability and limitations
MOTH warrants that it has the right to license the Service under these Terms. MOTH accepts no responsibility for errors or deficiencies in the Service's content or availability. You acknowledge that no software or digital service is completely free from errors and that errors may occur. MOTH is not liable for direct or indirect damage caused by or arising from use of the Service, including damage resulting from an inability to use it as intended, for example during temporary downtime or disruption.
Changes to the Terms
MOTH reserves the right to amend the Terms from time to time. Notice will be published on the Service's website at least 14 days before a change takes effect and may also be sent to the Customer's provided contact address within the same period. Changes are binding unless they can reasonably be considered a significant disadvantage to the Customer. In that case, the Customer must notify MOTH of immediate termination of the Service no later than 7 days after receiving notice of the proposed change.
Applicable law and disputes
Disputes arising from this agreement between MOTH and the Customer shall be decided by Norwegian courts under Norwegian law. Consumers with comments or complaints may also contact the Norwegian Consumer Authority, Forbrukertilsynet. Further information is available at www.forbrukertilsynet.no (opens in a new tab). The contact information given in these Terms is: Sandakerveien 138, 0484 Oslo, Norway; telephone 23 400 600; email post@forbrukertilsynet.no.
Contact us
MOTH AS, organisation number 926 789 716
Email: post@moth.no
Website: www.moth.no