Extern Platform Terms of Use

This Terms of Use Agreement (“Agreement”) is entered into between Extern Inc., a Delaware corporation with its principal office at 1412 Broadway, Suite 21A22, New York, NY 10018 (“Extern Inc.”), and the individual user (“User”). By accessing or using Extern Inc.’s platform, including accepting any externships offered, the User agrees to the following terms and conditions.

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1. Definitions.

For the purposes of this Agreement:

• "User" refers to any individual registered on the Extern Inc. platform, including externs and externship participants.
• "Externship" refers to the educational experiences with Host Companies provided through Extern Inc.’s platform.
• "Host Companies" refers to third-party companies providing externship opportunities.
• "Confidential Information" refers to any information or materials of a confidential or secret nature related to Extern Inc.’s or a Host Company’s business or the business of their parents, subsidiaries, affiliates, customers, or any other party with whom Extern Inc. or a Host Company agrees to hold such information or materials in confidence, including, but is not limited to, trade secrets, proprietary information, customer data, financial data, and other non-public business information.
• "Work Product" refers to any and all works created, developed, or contributed to by the User during any externship or interaction with Extern Inc.’s platform, including, but not limited to, intellectual property, software, written content, presentations, and designs.
• "Subscription Fee" refers to the recurring fee charged for continued access to the Extern Inc. platform following the expiration of a Trial Period.

‍2. Purpose of the Platform

Extern Inc.’s platform provides Users with educational experiences, exposure to professional environments, skill development, and industry-specific knowledge. Externships are designed to provide learning experiences that align with the User’s academic curriculum and career goals. Participation on the platform allows Users to find externship opportunities that advance a User’s education. Externships are for the User’s own express benefit, not for the benefit of Extern Inc. or Host Companies. Users may begin their engagement with Extern Inc. through a limited-time trial before transitioning to a paid subscription.

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3. Non-Employment Relationship

Participation in externships or other activities on the platform does not create an employment relationship  between a User and Extern Inc. or Host Companies. Users acknowledge that:

• Externships are unpaid.  Users are not eligible for or entitled to wages or other compensation or benefits from Extern Inc. or Host Companies.
• Externships are designed for educational and training purposes.
• Externships are structured with input from educational advisors to ensure alignment with the User’s educational needs and goals.
• Neither using Extern Inc.’s platform nor participating in an externship guarantees or creates an expectation that a User will receive an offer of employment.

4. Intellectual Property

Although the purpose of Extern Inc.’s platform is to provide access to educational experiences and training that benefit a User, the User may develop or contribute to Work Product.  All Work Product created by Users on the platform, whether individually or collaboratively, shall be the sole and exclusive property of Extern Inc. Users agree to assign, hereby irrevocably transfer and assign, all rights, title, and interest in any Work Product to Extern Inc., including intellectual property rights. Users agree to execute any necessary documentation to formalize this assignment.

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5. Confidentiality

Users may have access to Confidential Information during participation in externships or other platform activities. Users agree to:

• Hold all Confidential Information in strict confidence.
• Not disclose or use Confidential Information except for authorized platform activities.
• Return or destroy all Confidential Information upon completion of their use of the platform, as directed by Extern Inc.

A breach of this confidentiality provision may result in immediate termination of platform access and legal action.

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6. Acceptable Use Policy‍

Users agree to use Extern Inc.’s platform responsibly and in accordance with applicable laws. Prohibited activities include, but are not limited to:

• Misuse of intellectual property or platform for unauthorized commercial purposes.
• Engaging in disruptive behavior, spamming, or hacking.
• Unauthorized copying of materials from Extern Inc. or Host Companies.

Violation of this policy may result in immediate termination of platform access.

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7. Duration and Learning Focus

Externships typically last between 4-12 weeks and are designed to provide project-based learning experiences with clear educational outcomes. This duration ensures that the focus remains on a User’s skill development and beneficial learning, while also accommodating the User’s academic commitments.

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8. No Guaranteed Rewards

Extern Inc. may offer non-monetary rewards, certifications, or recognition at its discretion. These rewards are tied to educational achievements and project completion, not to productivity, and are not guaranteed.

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9. Trial Period and Subscription Cancellation

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a. Trial Period  

• Length of Trial Period: The trial period shall be seven (7) days (the "Trial Period"), commencing immediately upon the date the User completes free trial sign-up and gains access to Extern’s platform (the "Start Date").
• Cancellation During Trial Period: The User may, at their sole discretion, cancel participation in the Externship during the Trial Period in the Extern platform. Such cancellation shall be effectuated without any obligation for payment or further financial commitment, and no charges will be incurred by the User for the duration of the Trial Period.
• Charges After Trial Period: Upon the expiration of the Trial Period and unless the User cancels before the end of the Trial Period, a non-refundable Subscription Fee  will be automatically charged for the first month of service, which will be processed immediately at the end of the Trial Period. The Subscription Fee shall be due and payable on a recurring basis for as long as the User maintains their subscription to Extern’s platform and Externship services.
  

b. Cancellation Policy

• Subscription Charges: The User acknowledges and agrees that they shall be charged a Subscription Fee for each subsequent period of access to Extern’s platform and Externship services after the Trial Period, unless cancelled in accordance with this policy.
• Cancellation Deadline: In order to avoid the charge for the upcoming monthly subscription period, the User must initiate a cancellation request prior to the end of the current pay period (the "Cancellation Deadline"), which will close at 11:59 pm ET of the date listed on the platform. Any cancellation initiated after the Cancellation Deadline shall be subject to the next pay period.
• Access Following Cancellation: In the event the User cancels their subscription at any time during a pay period, the User will retain full access to Extern’s platform and Externship services through the conclusion of the current pay period.
• Non-Refundable Subscription Fees: The User acknowledges and agrees that Subscription Fees are non-refundable. If the User does not cancel before the end of the current pay period, the charge for the next period will apply and is non-refundable. No refund will be issued for any charges incurred during a pay period, even if the  User subsequently cancels their subscription.
• Resuming the Participation: Upon cancellation of the subscription, the User is not required to reapply to the Extern platform if they wish to resume participation at a later time. The User may, at their discretion, cancel their subscription and resume participation without the need for a new application, provided they reinstate their subscription in accordance with this policy.
• Reinstatement of Subscription: To reactivate a canceled subscription, the User must log into Extern’s platform and update their billing information. Reinstated subscriptions will not be eligible for a new trial and will be charged the standard Subscription Fee immediately upon reactivation.
• Loss of Access After Cancellation: Upon cancellation of the User’s subscription, the User shall forfeit access to Extern’s platform and Externship services beyond the end of the pay period for which payment has been made. The User will not retain any rights or access to materials, support, or services provided by Extern’s platform after the expiration of their paid subscription period.
  

c. Contact and Support: Users who believe they were charged in error may contact support@extern.com within 7 days of the charge for review. All payments are non-refundable, except in exceptional cases where Extern, at its sole discretion, may issue a refund.

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d. By subscribing, the User agrees to the terms outlined in this Trial and Cancellation Policy. These terms form part of the binding agreement between the User and Extern. Any changes to this policy must be made in writing and agreed upon by both parties.

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10. Indemnification

User agrees to indemnify and hold harmless Extern Inc. and its directors, officers, employees, service providers, representatives, parents, subsidiaries, affiliates, successors and assigns against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with User’s (a) use or access of Extern Inc’s platform, or (b) breach of this Agreement.

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11. Dispute Resolution; Agreement to Arbitrate

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association in Wilmington, Delaware. The arbitrator’s decision will be final and binding on all parties, with costs equally shared unless otherwise determined.

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12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

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13. Limitation of Liability
Extern Inc. shall not be liable for any incidental, consequential, or indirect damages arising from User participation on the platform, including loss of data, profits, or employment opportunities.

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14. Termination
Extern Inc. reserves the right to terminate any User’s access to the platform for violations of this Agreement, unacceptable performance, or breaches of the Acceptable Use Policy. Upon termination, Users must return all Confidential Information and other property belonging to Extern Inc. and Host Companies and immediately cease all use of Confidential Information. Termination of a subscription by the User does not entitle the User to a refund for the remaining duration of any billing period.

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15. Force Majeure
Extern Inc. shall not be liable for any delays or failures to perform due to circumstances beyond its control, such as natural disasters, war, or governmental restrictions.

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16. Severability
If any provision of this Agreement is deemed invalid, the remaining provisions shall remain enforceable.

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17. Entire Agreement
This Agreement constitutes the entire understanding between the User and Extern Inc. regarding use of the platform, superseding all prior agreements or communications, whether written or oral. Any modifications must be in writing and signed by both parties.

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18. Acknowledgment
By accessing and using the platform, the User acknowledges that they have read, understood, and agree to abide by the terms of this Agreement.

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Contact. You may contact us at the following address: 1412 Broadway, Floor 21, New York, New York 10018, US

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Effective Date of Terms of Service: November 6, 2024