Terms and Conditions of Service of the eKidz.eu Application

(Last updated: December 2018)

Welcome to eKidz.eu!

Please read the terms and conditions of Service (hereinafter “Terms ofService”) of the eKidz.eu app carefully, as they apply in additionto the terms of the App Store when you download, register and use theeKidz.eu application whether free trial or paid versions.

The eKidz.eu app offers some features and content for free, but the appis not intended as a free offer. It is intended to be a supplementaryeducational tool to enhance learning. Fees and charges will neverarise without your explicit notice, such as purchasing a subscriptionthrough the App Store.

In the case of inconsistencies between the terms of the App Store andour Terms of Service as defined here, the terms of the App Storeshall take precedence.

1.Scope

1.1.The Terms of Service for the eKidz.eu app (hereinafter «‎App»)apply between eKidz.eu Limited (Gesellschaft mit beschränkterHaftung), in Steinstraß e 3, 81667 Munich, Germany represented by the managing directors Nataliia Tetruiieva, John McDonagh and Felix Haffner (hereinafter «‎eKidz.eu» ) and you, the user, when downloading the App from the App Store, registering or using the App.

1.2.These Terms of Service apply to you in the capacity of personalconsumption only, that is, Terms of Service do not apply to anycommercial or for-profit usage.

2.Downloading the App

2.1.You will receive the App by downloading the App and completing theregistration in-App. Please be aware of the Terms of the App Store.

2.2.To install and register an account on the App, it is mandatory thatyou are are least 18 years old. eKidz.eu may request proof of agefrom you if there are any doubts as to your age. For minors, an adult(parents, teachers) should download the App for your use.

2.3.To register an account on the App, you shall enter your title, firstand last name, email address, and a password in the displayed fields.Furthermore, you shall accept the Data Protection Policy of eKidz.euand the Terms of Service by ticking the indicated box. After pressingthe «‎Register»button, you will immediately receive an access code via email to theemail address you specified during registration. Upon entering theaccess code received via email into the required field in-App,registration is complete and you can begin using the App.

2.4.Downloading, registering, and using the free basic version of the Appdoes not constitute applicable fees nor require a paid subscription.

3.Free Basic Version of the App

3.1.The basic version of the app, which is intended to be used as atrial, is free of charge.

3.2.Following the download and registration of the App, you can createsub- accounts for yourself, a child, a young adult or any otherlanguage learner (hereinafter «Learner»). To set up a learneraccount, you must enter a username for the Learner (first and lastname), choose a password for the Learner and provide some additionalinformation about the Learner (gender, date of birth, instructionlanguage, reading level). You do not need to use real names whencreating a Learner account.

3.3.Sie erhalten die App auf keinem Datenträger. Es gibt keinBenutzerhandbuch, weder gedruckt noch in elektronischer Form. Bittelesen Sie unsere Webseite, wenn Sie mehr Informationen über denInhalt, die Funktionalitäten und den Nutzen der App erhaltenmöchten.

3.4.If you would like to cancel your registration, please send us anemail to info@ekidz.eu.

4.Paid Services of the App

4.1.Beyond the basic services available in the free version of the app,you can access and use additional services which you must purchase inthe App Store.

4.2.The additional services are rendered for a fixed period of time(hereinafter referred to as «Subscriptions»). Content, price,duration and billing method are listed in the purchase offer in theApp and are summarized in full for you before completing a purchase.The purchase is made by clicking on the button «pay now» in the AppStore.

4.3.Please note the terms of the App Store when purchasing Subscriptions.

5.Software Updates

5.1.eKidz.eu may from time to time provide updates of the App in the AppStore for downloading and installing (hereinafter «softwareupdates»). Such software updates may be made in various forms andare generally made available for troubleshooting, improvement, safetyand reliability of the software as well as for software installedpreviously or a device previously used to access the App. This alsoincludes completely new versions of the App. The software updates mayrequire restoration of previous settings in order to fully use theApp.

6.Licence Rights of Use

6.1.eKidz.eu grants you a simple, non-transferable licence right to usethe App for the duration of your registration and/or subscription.

6.2.You are allowed to use the App and its content, including thelicenced rights granted, solely for personal purposes within theframework of the App. Public access (e.g. for friends, relatives,acquaintances), copying (e.g. copying), spreading (e.g. renting,lending) and translating the App and its contents, in whole or inpart, are prohibited as far as a corresponding function has not beenexplicitly activated in the App or has been explicitly permitted byeKidz.eu.

6.3.Subject to any conflicting legal requirements, you are not allowed toalter the Application's Software and/or its content. Changes tosecurity measures taken by eKidz.eu for the protection of copyrights(in particular copy protection measures and encryption) are notpermitted. You shall not alter, disassemble, decompile,reverse-engineer, adapt, translate or modify the Software or anyportion thereof, or create a new installer for the Software, orotherwise attempt to discover the source code of the Software.

6.4.In addition, you are not allowed to continue use of the App in breachof the licensing laws, third-party usage rights, the Terms andConditions, or otherwise illegally and/or unlawfully, in any mannerwhich is a criminal offense or in a manner which constitutes acriminal offense, or contradicts instructions from eKidz.eu.

6.5.All rights to the App, its texts, graphics, user interfaces, visiblesurfaces, photographs, brands, logos, sounds, music, images andillustrations, including in particular design, structure, appearanceand the contents of the App within the App, as well as all theinventory and components of the App, belong to eKidz.eu. They arelicensed by eKidz.eu and are protected by copyright, patent andtrademark laws as well as various other laws for the protection ofintellectual property and unfair competition.

7.Suspending and Deleting Accounts

7.1.eKidz.eu reserves the right to temporarily, or definitely suspendyour account if legitimate interests of eKidz.eu or third parties arebreached by you or a Learner registered in your account, or in theevent of reasonable suspicion of misuse or other significantirregularities regarding the use of the App by you and/or yourregistered Learners. Behaviour of the learners registered by you isyour sole responsibility.

7.2.eKidz.eu will inform you via email about any restrictions orsuspensions placed upon the use of your account, unless eKidz.eu isprohibited to do so.

7.3.Your user account can be deleted upon your request by sending anemail to info@ekidz.eu.

8.Liability

8.1.Generally, you are liable for all activities that are carried outthrough your user account, including any registered Learners’accounts, provided you have acted intentionally or with negligence.Purchases within the App should only be made by yourself.

8.2.eKidzeKidz.eu is liable for damages resulting from a breach of dutyin the case of wilful intent, fraudulent intent or gross negligence,as well as in the event of injury to life, body or health.

8.3.For simple negligence, eKidz.eu is only liable in case of breach ofan essential contractual duty. Essential contractual duties are suchobligations that eKidz.eu has to fulfil according to the content andpurpose of these Terms and Conditions, and if necessary, theiramendments, the fulfilment of which allows the proper use of the Appand your trust in usage thereof.

8.4.You agree that a 100% availability of the services of eKidz.eu, inparticular the content of the App, cannot be guaranteed for technicalreasons. eKidz.eu, however, endeavours to keep the App available foruse 7 days a week, 24 hours a day. In particular, maintenance,security or capacities, as well as events which are not within thescope of eKidz.eu (such as disturbances of public communicationnetworks, power failures, or other Force Majeure etc.), can lead toshort-term disturbances or temporary cessation of services of the Appand thus non-availability of content for which eKidz.eu shall not beheld liable. eKidz.eu makes every effort to resolve deficiencies,especially by providing updates. eKidz.eu can also ensure theperformance of Service only if you install the provided updatesrequired by the App in a timely manner, which are made available byeKidz.eu for free in the App Store. A guarantee of eKidz.eu fordeficiencies, resulting from the fact that you do not need theupdates required for the error correction and provided free of chargeby eKidz.eu (but possibly plus the costs of your network operator forthe data connection) or has not installed in time, is excluded. Anyclaims for damages or unlawful enrichment shall remain void in thiscase.

8.5.If eKidz.eu uses third-parties’ services or content for thefunctionality and optimization of the App, that might use cookies orother alternatives of forwarding third-party offers such as appstores, databases, websites and other services (e.g. by setting linksor hyperlinks), eKidz.eu shall not be liable for the accessibility,the availability or the security of these app stores, databases,websites or other services, nor for their content (i.e. theirtimeliness, completeness, correctness or general legal validity). Thecontent, services or offers of third parties are governed by theterms of use, data protection regulations, and other terms andconditions of such third parties.

8.6.A stabile internet connection is required to download the App andensure the best performance. In the case that content is completelydownloaded in the App, the content may be used offline in part. Aninternet connection is required to manage the App and to recordperformance levels, in particular the storage of the answers to thecomprehension questions and current progress («synchronisation»).

9.Amendments to the Terms of Service

9.1.Amendments to the Terms of Service

10.Miscellaneous

10.1.If any Terms of Service are or become invalid or ineffective, theremaining provisions are unaffected. The ineffective provision shallbe replaced by a provision which is economically closest to themeaning and purpose of the ineffective provision in a lawful manner.The same applies to possible gaps in regulation. Unless otherwiseagreed, the statutory provisions shall apply.

10.2.The Terms and Conditions are subject to the law of the FederalRepublic of Germany under exclusion of the United Nations Conventionon Contracts for the International Sale of Goods and the provisionsof international law which would lead to the application of the lawof another state. Munich is the place of legal domicile andjurisdiction.

10.3.The European Commission is providing a platform for out-of-courtonline dispute resolution (OS platform), which can be accessedat www.ec.europa.eu/consumers/odr/. Our e-mail address info@ekidz.eu .