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Purchase Terms and Conditions

Welcome and thank you for using neo. By using neo or signing up for an account, you are agreeing to the various terms (the “Terms”) outlined below, which will form a legal agreement between you and neo (the “Agreement”). We will start with the basics, including a few definitions that should help you understand these Terms. Please read the Terms carefully.
Definitions

The term neo means or refers to:


  1. . Nexgen English Online Co., a California company, which owns, controls, manages, maintains, or hosts the name neo, the neo System, the neo Web Portal, neo Mobile Portal, the neo Study App, and other related products and services.

  2. . “nexgen” or “us” or “we” or “our”.

  3. . a proprietary online learning platform that allows you to study English and obtain a certificate that uses levels from the Common European Framework of References for Languages (CEFR).


The term “you” or “your” refers to the visitor or user of neo.


The Term DynEd refers to DynEd International, Inc., a California company, that owns the rights to all contents used under license by neo and manages CEFR certification for neo users.


neo System is an ecosystem made up of an English assessment and learning program, an AI-enhanced learning-management system, licensed content and online coaching. To use any part of the neo System, an adequate internet connection is required.


neo Study app is an English learning mobile app which can be downloaded from the most popular mobile app stores. neo Study app content is licensed from DynEd and is called from the cloud when needed by the app.


neo Web Portal is a website, accessible by visiting myneo.space , that has several functionalities, providing you with an English level assessment using our Placement Test (the “PT”), a method of saving your PT result through registration, an estimated level needed for your English goals, payment processing, the ability to edit and manage your account and purchase a learning program, and a view of your next English certificate level.


neo Mobile Portal is a mobile app called ‘myneo’, which can be downloaded from the most popular mobile app stores. It provides access to the PT, download and launch of neo Study, access to neo Live, your current study records, neo System media and social media.


neo Live is an online platform for selecting coaches, booking/viewing/changing personalized synchronous coaching sessions, purchasing/viewing tokens and viewing your coaching history.


The neo System CEFR certificates are issued by DynEd, and are automatically made available to you digitally upon passing the neo Exit Test and being approved by DynEd. The certificate will be stored at DynEd and must be viewable and available online at all times to be valid. You may share your certificate digitally or in print to anyone of your choosing; they may use the certificate Unique Identifier (UDID) to verify you as the holder of the certificate at www.dyned.com/certverify. See Nexgen’s Privacy Policy for more information


By registering on the neo Portal and using the neo System, you are agreeing to comply with and be bound by our licensing terms and conditions of use which govern our relationship, with us as the owner and with you as the buyer in this purchase. This is a license agreement and NOT an agreement for sale. We continue to own the copy of this software contained in its packages and all other copies that you are authorized by this Agreement to use (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our or our partners’ rights under U.S. and international copyright law or any other federal or state laws or the copyright laws or any other applicable laws of other nations.


Nature of the Service

neo provides package selections based on the CEFR certification levels. CEFR levels may include A1, A2, B1, B2, and C1. neo also offers a guarantee that in seven months or less you will successfully pass the certificate level’s Exit Test and be issued a CEFR correlated certificate, subject to your meeting certain requirements--see Certificate Guarantee below for further information. However, the completion of each CEFR level is dependent on your own efforts and length of time to complete. Should it take you more than the prescribed number of months to complete one certification level, you may continue your progress, but you are not entitled to the guarantee given by neo.


The neo System is made available for individualized use only and is not transferable. Upon registration in the neo System, you will receive a confirmation indicating you are the owner of the account (the “Account”). You are responsible for the confidentiality of your Account. Should there be any unauthorized use of your Account, you must immediately notify neo. neo will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.


Registration and Requirements
  1. . You must register and pay a certain fee in order to obtain full access to the neo System functionalities for a period of one year from payment date per CEFR level. You will be asked to provide your personal information (the “Personal Information”) as part of the process. [See also Nexgen’s Privacy Policy.]

  2. . Prior to payment, you will be asked to make a package selection that defines the fee you will be charged. You may select a package consisting of one or more certification levels; the package fee is fixed for your one-year access per certificate level.

  3. . Once you have finished the registration and payment process, neo System will require you to create a single sign on (SSO or the “neo Universal Login”) that will be used to access neo Web Portal, neo Study App, neo Mobile Portal and neo LIVE.

  4. . To begin study with neo Study App, you have to download the app to a device that meets the following requirements:
    1. A device with 2 GB RAM or more.

    2. iOS 10.0 or higher for an iOS mobile device and Android 4.1 or higher for an Android mobile device.

    3. Properly working headphones with microphone for Speech Recognition activities.


  5. . By obtaining an Account through the registration and payment process, you also secure enough tokens to schedule the ten online coaching sessions needed with our trained coaches on neo LIVE, plus 4 extra free tokens if applicable.
    1. The number of tokens given to you for each certification level is the precise number to fulfil the coaching points requirements. Should you fail to attend a booked session, resulting in you not earning coaching points, neo will not be responsible for your failure to comply with this provision. In this case, you must buy additional tokens (beyond the 4 extra complimentary tokens) in order to fulfil the coaching points requirement.

    2. neo 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 for one year from the date you create the SSO and can be used at your own discretion for coaching sessions when you purchase another certificate level.

    3. neo does not limit the frequency of your booking online coaching session with our trained coach on neo LIVE. However, for effective study, we strongly suggest you book a coaching session at least once every two weeks, as specified in our Terms of Service below.


Terms of Service

neo System is subject to the following terms of service:


  1. . neo System requires you to meet requirements for Study Points and Coaching Points. Study points are earned by studying in the neo Study App. Total Study Point requirements depend on the certificate level and can be found in neo Study App. You must also conduct one online coaching session on neo LIVE every two weeks, where each session will earn you 5,000 Coaching Points. Required Coaching Points are found in neo Study App.

  2. . Once you meet the requirements for Study and Coaching Points and pass all Mastery Tests, neo System will ask you to take the level’s Exit Test on neo Portal. At this point, you can choose to take the Exit Test or review lessons as preparation before taking the Exit Test.

  3. . If you fail the Exit Test, neo will require you to study review lessons in neo Study App. The level’s Exit Test will open again after you have completed the required review lessons. neo will allow a level’s Exit Test to reopen a maximum of two (2) times.

  4. . After you pass a level’s Exit Test, neo will make available your Certificate if you have paid for the level in full

  5. . neo will make your certificate available on neo Portals. You may choose to print it to present it to your school, university or employer.

  6. . neo’s CEFR-correlated certificates are issued by DynEd.

  7. . neo provides Session Simulator, an exclusive tool that you can use to simulate online coaching session on neo LIVE. Running this step is mandatory to determine if your internet connection is adequate to connect and interact in an online coaching session. The Session Simulator should be executed in the environment where the booked online session will take place. In a case where the internet connection does not deliver sufficient bandwidth or stability, we suggest you set aside adequate time to switch to a faster or more stable internet connection. We are not responsible for any failed coaching sessions due to your internet problems during sessions.

  8. . If our trained coach does not show up for a scheduled online coaching session or is late by five minutes or more, neo will allow you to use the tokens to book another online coaching session.


Certificate Guarantee
  1. . neo offers a guarantee that, in five (5) months for a CEFR A Level, six (6) months for a CEFR B Level, or seven (7) months for a CEFR C Level you will successfully pass the certificate level’s Exit Test and be issued the CEFR-correlated certificate, subject to your successfully meeting the requirements of earning 6,000 Study Points each week and 5,000 Coaching Points every two weeks.

  2. . If you fail your level’s first Exit Test on or before the last day of your 5th, 6th, or 7th month respectively, neo will provide you, once only and free of charge, with 4 online coaching session tokens so that you can prepare for taking the level’s Exit Test a second time.

  3. . Subsequent Exit Test failures, of the same level, do not result in receiving additional coaching tokens.

  4. . If your Exit Test opens after the last day of the final month of Study and you fail the Exit Test on your first try, neo will not provide you with any additional online coaching session tokens.

  5. . Intervention: If you fail the Exit Test three times, you will be contacted to set up a personal language interview with a qualified examiner who will determine your language level and prescribe a course of action.

Termination of Service
  1. . You acknowledge and agree that we, at our sole discretion, have the right to temporarily or permanently discontinue the Service at any time. We may terminate or suspend your Account without prior notice or limit your access to your Account. Cause for such termination, limitation or suspension of access shall include but not be limited to: (1) a breach or violation of the Terms of Service, (2) engagement by you in illegal activities, or (3) non-payment of the fee in connection with neo System.

  2. . Upon termination of your Account, you will lose all access to neo System and any portion thereof. Any individual components of neo System that you may have used will also be terminated.

  3. . Study access is for a period of one year per certificate level from the date you created the SSO and will terminate after that period has ended.

  4. . We will give you a refund for the prepaid month(s) if we stop providing the Service and terminate your Account without cause. You will not be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if you request one.

Communication

By completing the neo System registration process, you agree to receive (1) emails from us when you interact with us, for such situations as email address verifications, payment notifications or neo LIVE online coaching session reminders and (2) SMSs from us when you interact with us, for such purposes as verifying your phone number, payment notifications or the neo LIVE online coaching session reminders.


As well as giving us your phone number at payment for security, you must take your photo, or upload a quality digital self-portrait. This is for security purposes during payment; your image will be placed on your certificate to personalize it and verify that you are the account owner. The image is also used in coaching sessions, testing and intervention to make sure your account is secure and you are the course taker.


Disclaimer

Your Personal Information is subject to our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of your Personal Information. By registering, purchasing and using the neo System, you accept our terms of service and you also indicate that you understand, agree and consent to its collection and use. We keep your personal and account information confidential. You acknowledge and agree that we may preserve your personal and account information and may also disclose your personal and account Information if required to do so by law or in the sincere belief that such preservation or disclosure is reasonably necessary to (1) comply with a legal process, (2) enforce the terms of service, (3) respond to claims of a violation, or (4) protect the rights, property, or safety of neo, its users and the public.


By using the neo System, you agree to use it in a diligent, proper and lawful manner. You may not violate any applicable local, national or international law. We will not tolerate any offensive, indecent or repulsive acts. We reserve the right to audit any activity within the neo System and to monitor activities by users to ensure proper conduct and to prevent any violation by and/or to any party involved. This includes the tools and rights to access your Personal Information, observe any set of actions you conduct within the neo System and in using the Service. In a situation where a violation is suspected, further inspection shall be made for possible action. Immediately notify us if you detect a violation.


Additional Proprietary Rights

nexgen english online co. owns, solely and exclusively, all rights to the content, code, data and materials and design, including, but not limited to any copyrights, patent rights, study records, database rights or other intellectual property and proprietary rights therein.


Your use of neo does not grant you ownership of any content, code, data or materials you may access on neo. Unless you have received prior written permission from us, any distribution, publishing or exploitation of neo or any content, code, data, or materials on neo is strictly prohibited.


You may not copy, reproduce, distribute, or exploit any content, code, data, or materials of neo. By copying, reproducing, distributing, or exploiting any content, code, data, or materials of neo, you violate copyright and applicable laws of the United States of America and will be subject to liability for such unauthorized use.