Who are we?
Kinedu, S.A.P.I. de C.V., is a legally existing and validly incorporated limited company under the laws of Mexico and is located in the city of Monterrey, Nuevo Leon, Mexico.
Definitions and Terms of Construction
The following terminology applies to these terms and conditions, privacy notice and legal notice and any and all other agreements You have with the Company (as such term is defined below) for the use and exploitation of the services that the Company offers You through the multiple technology applications integrated into its Platforms, which are mentioned and described below:
“Agreements”: refers jointly to these Terms and Conditions as well as to our Privacy Policy, legal notice and/or any other agreement generated or to be generated in the future by Kinedu, in relation to the Services that it offers through the Platforms.
“Kinedu Algorithm”; Means the set of computer instructions developed by Kinedu used in the Kinedu Platform, through which Kinedu provides its personalized Services to its Customers based on the information entered by them in the Kinedu Platform.
“Applications”: refers to any technological service application that the Company has currently developed and that is offered from time to time within any of its Platforms, which are later mentioned and described in these Terms and Conditions. Similarly, this term “Applications” also includes any technological service application that the Company may develop in the future and is integrated into the Platforms for its offer to the general public.
“Customer”, “You” and/or “Your”: refers to You, the person of legal age, who accesses this Website and/or any of the Applications that are part of the Platforms and accepts these Company Terms and Conditions.
“Contents” means all graphic and audiovisual contents, such as videos, audios, images, animations, listings and directories, developed by and/or for Kinedu (as the case may be), that Kinedu uses to provide the Services.
“Uploaded Content” means photographs, videos, audio and/or any graphic and/or audiovisual content owned by You that You upload on any of the Platforms, in respect of which (i) You represent to be the owner and/or licensee and (ii) You grant Kinedu a perpetual, worldwide, free and irrevocable license to be used by Kinedu in any medium, including audiovisual, visual, digital and physical, as determined below in these Terms and Conditions.
“Kinedu” and/or “Company”: refers to Kinedu, S.A.P.I. de C.V. a legally existing and validly incorporated limited company in accordance with the laws of Mexico.
“Mexico” refers to the United Mexican States.
“Party” or “Parties” refers indistinctly to the Customer or the Company and to the use of the plural term in these Terms and Conditions, jointly as the Customer and the Company.
“Platforms” jointly mean the Kinedu Platform, Kinedu Educators Platform and Kinedu Directory, as well as those developed in relation to any of the above.
“Kinedu Platform”: Means the digital internet platform that can be accessed (i) via WebApp at www.kinedu.com, (ii) through the downloadable computer application called Kinedu, which can be downloaded from the “AppStore” platform for devices using the Apple-branded iOS operating system, (iii) through the downloadable computer application called Kinedu, which can be downloaded from the “Google Play Store” platform for devices using the Android operating system, and (iv) through any future technology that Kinedu determines to use, through which Kinedu provides the Kinedu Services.
“Kinedu Educators Platform”: Means the digital internet platform that can be accessed (i) via WebApp at edu.kinedu.com, (ii) through the downloadable computer application called Kinedu, which can be downloaded from the “AppStore” platform for devices that use the Apple-branded iOS operating system, (iii) through the downloadable computer application called Kinedu, which can be downloaded from the “Google Play Store” platform for devices that use the Android operating system, and (iv) through any future technology that Kinedu determines to use, by means of which Kinedu provides the Kinedu Educators Services to its customers that are Kindergartens or Nurseries.
“Services” Means Kinedu Services, Kinedu Educators Services, and Directory Services together.
“Kinedu Services” Means the services (whether personalized or not) that You can contract in the Kinedu Platform, under which You shall be given access to Content.
“Kinedu Educators Services” Means the services that an educational center (Kindergarten or Daycare Center) may contract from Kinedu to use the Contents in its classrooms.
“Internet Site” means all Internet sites where any of Kinedu’s Platforms are hosted.
“Terms and Conditions” means these terms and conditions as they may be modified from time to time during the period in which the Company offers its Services through the Platforms.
All terms refer to the offer, acceptance and consideration of payment necessary to carry out the provision of Services to the Customer.
Any use of the terminology previously described in singular, plural, capital letters and/or he/she or they, shall be considered interchangeable and, consequently, referring to the same thing.
Acceptance
These Terms and Conditions are part of the Agreement between the Customer and Kinedu.
The understanding, agreement and acceptance of the disclaimer notice and the Terms and Conditions contained herein shall be for all legal purposes as perfected between the Parties when You: (i) access any of the Internet Sites; (ii) receive any of the Services provided by Kinedu, either through any of the Internet Sites or through any of the Applications; and/or (iii) carry out the use and/or execution of any of the Applications, by carrying out the activities permitted within their functionality. In this regard, in the event of any of the events under which You accept these Terms and Conditions in accordance with the foregoing, Kinedu may execute measures to validate Your identity and Your acceptance of these Terms and Conditions.
Without prejudice to the foregoing, in the event that You act on behalf of another person (individual or legal entity), You accept, acknowledge and warrant that: (i) You have sufficient legal capacity to bind such third party to these Terms and Conditions, (ii) have read and fully understands this Agreement and (iii) accepts this Agreement on behalf of the person You represent. If You do not have sufficient legal capacity to subject such third party to these Terms and Conditions, You must not use the Services offered by Kinedu.
Services
The services provided by Kinedu through the Platforms and through the different Applications may vary depending on the purpose of the service offered by each Application; and which, but not limited to, are described below:
Kinedu App: Kinedu App is an early stimulation and development application that Kinedu offers You to guide You from pregnancy to the 4 (four) years of Your baby. Kinedu offers more than 1,800 (one thousand eight hundred) fun developmental activities based on Your child’s age and developmental level from pregnancy through four (4) years, as well as helping You understand Your baby’s developmental milestones with the child development assessment offered by this Application. Likewise, through Kinedu App You shall be able to receive communication and notifications of the different platforms and services in the event that Your child is enrolled in an educational center or with an early childhood professional who uses them.
Kinedu Educators: In case You are: (A) an educational center or early childhood professional, Kinedu Educators shall provide You with tools to plan the pedagogical day and learning experiences, understand development, and train Your teachers holistically on early childhood development. Kinedu Educators shall be able to communicate with the Parents through the Kinedu Platform. For more information, You can access edu.kinedu.com.
Payment
Some of the Services provided by Kinedu require You to pay a consideration to Kinedu; in such cases, You agree to pay the amounts indicated. Kinedu accepts most credit or debit cards through Stripe or payments through Apple’s AppStore and Google’s Play Store. Our payment terms shall be in accordance with the services rendered from time to time. The payment of the consideration that You agree to pay to Kinedu does not entail a transfer of ownership with respect to the Contents. All Content and Kinedu Algorithm shall remain the property of the Company. The money pending to be paid by the due date shall incur a default interest of 2.0 (two point zero) percentage points on the Prime rate in the United States of America, on the outstanding balance until it is paid in full and definitively. Once payment is made, there are no refunds other than those agreed to by the terms of the Apple AppStore and Google Play Store.
We reserve the right to recover any outstanding consideration due from You. In such circumstances, You shall be liable to Kinedu for payment of all administrative and trial costs resulting therefrom.
You may purchase a subscription to the Services or any of the Applications as a gift to others. The subscription and payment give the user access to the Service at issue, for the period of time referred to in the gift certificate. Gift certificates cannot be exchanged for cash or credit, save and except where required by law. Subscriptions do not begin until they are activated and have a 365-day activation period. There is no associated cost to redeem the subscription. Once payment has been made, there are no returns on gifts.
Kinedu may discontinue the Services it provides to You in the event of non-payment of any consideration due to Kinedu, without relieving You of Your payment obligation. Kinedu may also discontinue the services with 30 days notice in case of a liquidation, discontinuation of business, or bankruptcy proceedings.
In the event that You make a chargeback with Your credit or debit card issuing institution in respect of any amount paid to Kinedu, You agree to pay Kinedu the amount of the chargeback, plus any damages and administrative expenses related to the foregoing.
If You use a false credit or debit card, or any means of payment, using false or other person’s information without his/her authorization, Kinedu may discontinue the Services provided to You, without You being released from Your payment obligation to Kinedu.
Uploaded Content
In the event that You upload any photographs, comments, video or other digital audiovisual content to any of the Platforms, as applicable (the “Uploaded Content”), You grant (by that fact alone) to our Company an exclusive, perpetual, royalty-free, irrevocable, worldwide license to use any and all elements of the Uploaded Content in connection with and/or as part of Kinedu’s present or future business, including in connection with and/or any advertising in any or all media, including without limitation, printed publications, presentations, promotional material, events and marketing material, videos, or websites, in perpetuity throughout the world at the discretion and convenience that Kinedu determines, without requiring Your consent or any payment from Kinedu.
Kinedu has all right, title and interest in any or all of the results and procedures arising from the use of Uploaded Content. Kinedu has the right to transfer the rights of use of the aforementioned Uploaded Content to third parties, including without limitation, any of its parent companies, subsidiaries or affiliates, business partners, licensees, etc. Kinedu may alter, adapt or edit the Uploaded Content and any other material created under these Terms and Conditions, and market and exploit them in its sole discretion. Kinedu is not bound to make use of the Uploaded Content or exercise any of the rights guaranteed by these Terms and Conditions.
You may only upload and share content that is Your own and not that of a third party; You are solely and entirely responsible for any Uploaded Content that is uploaded by You, in which You display the image, identity and any information of a minor, whether or not You have the consent of his/her parent or guardian. In the event that You are a parent (on any of the Platforms also used by schools), You authorize the school to upload content to the Platforms, provided that such content was obtained on the premises of the school and, as a parent or guardian of such minor, You hereby consent to the use of the image of the minor by Kinedu. Also, in the event that You, in respect of a minor, share Uploaded Content on the Platforms (in any of the Applications offered by Kinedu), then You state under oath that You have, as applicable: (i) the parental authority or guardianship, as the case may be, of said minor, or (ii) the consent of the person who has previously expressed in writing to You the parental authority or guardianship, as the case may be, of said minor.
Child Safety Policy
In the use of the Services on any of the Platforms it is strictly prohibited for You to upload and share Uploaded Content that endangers the emotional or physical well-being of minors. A minor is a person who has not attained the legal age of majority in accordance with the jurisdiction and applicable law of the country concerned.
If You find any Uploaded Content that breaches the foregoing, it is Your duty to report it to the Company and to the appropriate authorities; including, without limitation, that, if You believe that a minor is in danger, You should contact the public law enforcement agency in the area in which You are located to report the situation immediately.
It is strictly forbidden to upload and share on the Kinedu Platforms, through any of the Applications, content that fits, without limitation, in any of these descriptions:
Sexualization of Minors: sexually explicit content in which minors are shown or sexually exploited is not permitted. The Company and You must report content that includes images of child sexual abuse to the appropriate authorities.
Dangerous or Harmful Acts Involving Minors: You must not upload or share images and/or videos in which minors appear participating in dangerous activities or are encouraged to do so. You should not expose yourself, or minors or any third party to risky situations in which You may be injured, such as jokes, challenges or risky activities.
Videos that cause emotional harm to minors: The Company does not admit any content that could inflict emotional harm on minors, either because of the image or the participation in the video at the time of watching it.
Misleading Family Content: You should not upload or share images or videos that mislead users into believing they are intended for families and minors, but include sexual, violent, obscene, or other adult content that is not suitable for younger viewers.
Cyberbullying and Harassment Involving Minors: In all Applications that are part of the Kinedu Platforms, images, videos and content that incite abuse or humiliation of people, reveal personal information (such as email addresses or bank account numbers), record someone without their consent, sexually harass or encourage others to commit acts of intimidation or harassment are prohibited.
Copyright Notice
All text relating to the services provided by the Company, as well as the content of the Internet Site, the Platforms and the Application are protected by copyright and industrial property rights.
The Company’s name and logo are registered and/or pending in Mexico, the United States of America, the People’s Republic of China, the European Union and Brazil. The trademark name and certain services of this Company offered on this Web Site and in the Applications are registered trademarks.
Exclusion and Limit of Liability
The information on our Websites, Platforms and the services provided through them, those and Applications, are provided on an “as is” basis and are intended for educational and entertainment purposes only. Kinedu makes no warranties with respect to the use of any of the Content, Platforms, Services or Applications. The content, information and Content and the Services in general are not intended for, nor do they constitute, legal, professional, psychological, educational, medical or health care services or diagnoses and may not be used for such purposes. The Company makes no warranties with respect to any results from the use of the Services provided. The Company recommends that parents and/or guardians never leave their children unattended and should seek their physician to resolve any questions about any medical condition. You should not act or refrain from acting based on the information, Services, Platforms, Applications or content available on our Website.
Under the full scope of the law, this Company:
Excludes all commitments and warranties relating to the Services, Platforms, Content, Kinedu Algorithm and any service and its content or whatever may be provided by any affiliated company or any other third party, including that relating to any inaccuracy or omission in this Website and/or the Company’s wording;
It does not guarantee any specific results through the use of the Services, Platforms, Contents, the Kinedu Algorithm and any of the Internet Sites;
Is excluded from all liability for damages caused by or in connection with the use of the Services, Platforms, Content, the Kinedu Algorithm and any of the Internet Sites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits is foreseeable, even if You advise the Company of the possible loss), damage caused to Your computer, computer software, systems and programs, information or any other direct or indirect damage; and
Is excluded from all liability for injury or death caused by the use of the Services provided and/or leaving minors without care.
The above exclusions and limitations apply only to the extent permitted by law. You hereby expressly acknowledge that none of Your legal rights as a consumer have been or are affected.
WITHOUT PREJUDICE TO ANY OTHER PROVISION TO THE CONTRARY CONTAINED HEREIN, KINEDU’S LIABILITY TO YOU FOR ANY CAUSE, ARISING OUT OF ANY ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY YOU IN THE LAST 90 DAYS TO KINEDU FOR SERVICES RENDERED THROUGH USE OF THE WEBSITE, PLATFORMS OR APPLICATION(S) TO WHICH YOU GIVE USE AND ENJOYMENT.
In addition to the foregoing, You, by accepting these Terms and Conditions, assume full responsibility for the Content Uploaded by You to any of the Platforms, including without limitation, images, audio, audiovisual recordings or any other means by which shows the identity and / or any information of a minor, yourself, or a third party, regardless of the type of legal relationship that originates between Kinedu and You by any of the Platforms, as well as the one that arises between the latter two between them and with respect to the Platform at issue. As applicable, when You upload and share Uploaded Content showing the identity and/or information of a minor, You (and only You) assume full responsibility for having previously obtained the consent of the minor’s parent or guardian for such activity.
Cancellation Policies
You are required to give at least 24-hours notice of cancellation; if You have made payment through Apple’s AppStore or Google Play Store, You must give notice and cancel in accordance with the procedures set forth in those platforms. Any notice in person, email, cell phone message and/or fax or any other means shall be accepted subject to written confirmation. We reserve the right to impose a fee to cover the cost of any administrative proceeding resulting therefrom. Prepaid services shall not be cancelable, and amounts shall not be refunded.
Both the Customer and Kinedu have the right to terminate any service agreement for any reason, including termination of services already in progress. Refunds shall not be offered when a service is deemed to have commenced and is, to all intents and purposes, in progress. If the purchase was made through the AppStore or the Google Play Store, You shall need to contact Apple Support or Google for a refund. Kinedu abides by their terms, so we cannot assist with any payments made through these providers. If the purchase was made through our Website and less than 24 hours have elapsed since the purchase, You may contact our customer service team at: hello@kinedu.com to review whether a refund is applicable.
Availability
You are solely responsible for assessing the fitness for a particular purpose of any download, video, program and text available through this Web Site, Platforms or Applications. Redistribution or republication of any part of this Website, Platforms, Applications or their Contents is prohibited, including integration by frames or any other means, without the express written consent of the Company. You agree not to reverse engineer the Kinedu Algorithm, Platforms, Applications and Content. Kinedu does not guarantee that the Service of this Internet Site, Platforms or Applications shall always be uninterrupted or error-free, even if the Service is provided to the best of its ability. By using the Services, the Platforms, the Applications and the Website, You agree to indemnify Kinedu, its employees, agents and affiliates for any loss or damage, in whatever manner, caused by You.
Log Files
We use IP addresses and have relationships with other providers, such as Google, Kochava, Facebook, and Mixpanel (and with those with whom we have relationships from time to time) to analyze trends, administer the Website and Platforms, track user movements, and gather demographic information as an added value. In addition, for system administration, pattern usage detection and troubleshooting, our Web site servers automatically log standard access information, including browser type, login times, requested addresses, and referral addresses. This information is not shared with third parties, save and except in those cases where we have Your express authorization and is only used within Kinedu each time it requires to know this information. No individually identifiable information relating to these data shall be used in any manner other than that described above, without Your express permission.
Notwithstanding the foregoing, by accepting these Terms and Conditions, You accept and acknowledge that, from time to time, the Company may establish mechanisms to verify the identity of its users; therefore, from this act, You agree to comply with the processes that the Company may establish for such purposes, as communicated to You by any means determined by the Company.
Links
To this Website
You may not create a link to any page of this Website without our written consent. If You create a link to any page on this Web Site at Your own risk, the exclusions and limitations set forth above shall apply to Your use of the link on this Web Site.
From this Website
We do not monitor or review the content of third-party websites linked to our Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the authors of such opinions or material. Please be aware that we are not responsible for the privacy practices or the content of these sites. We encourage our users to be careful when they leave our site and to read the privacy notices of those sites. You should assess the security and trust level of any other site that is linked to or accessed through this Web Site before disclosing personal information to them.
This Company shall not accept any responsibility for any loss or damage in any way whatsoever caused by the disclosure of Your personal information to third parties.
Communication
We have different email addresses for different queries. These and other contact information can be found in the “Contact Us” link on our website or via phone, fax or cell phone.
This Company is headquartered in Monterrey, Nuevo Leon, Mexico.
Force Majeure
Neither Party shall be liable to the other for breach of obligations under any Agreement arising out of an event beyond the control of the parties, including without limitation acts of nature, terrorism, war, political insurgency, insurrection, riot, civil disturbance, civil or military acts, insurrection, earthquake, flood or any other cause natural or created by man beyond our control, which causes the termination of an agreement or contract entered into, and which could not reasonably be foreseen. Any Party affected by such events shall promptly give notice to the other Party and shall make every effort to comply with the terms and conditions of any agreement contained herein.
Waiver
The failure of either Party to carry out the strict performance of this or any Agreement or failure to exercise any right or remedy to which they are entitled hereunder shall not constitute a waiver thereof nor a diminution of obligations under this or any Agreement.
No waiver of any provision of this Agreement shall be effective unless otherwise agreed and signed by both Parties.
Rules of Conduct
By using this Web Site, you agree that you shall not send, upload or distribute any information that:
1. (A) is defamatory, abusive, harassing, threatening, or an invasion or violation of any right or privacy of another person; (B) is intolerant, hateful, racist, or offensive; (C) is violent, vulgar, obscene, pornographic, or sexually explicit; or (D) causes harm or is likely to cause harm to any person or entity;
2. Is illegal or encourages illegal activities or the discussion of illegal activities with the intent to commit them, including presentation that is or represents an attempt to engage in child pornography, harassment, sexual harassment, fraud, trafficking in stolen or obscene material, sale of drugs and/or drug abuse, theft, or conspiracy to commit any criminal activity;
3. Infringes or breaches any right of a third party including: (A) copyrights, patents, trademarks, secrets or any other proprietary or contractual rights; (B) privacy rights (specifically, You must not distribute other people’s personal information without their express consent) or publicity; or (C) any confidentiality obligations;
4. Is commercial, business-related or advertise or offer to sell any product, service (whether for profit or not), or solicit others (including solicitation of donations or contributions);
5. Contains viruses or any other harmful components, or otherwise harms our site, the application or any connected network, or interferes with any person’s or entity’s use and enjoyment of our site, services or information; or
6. (A) does not pertain to the designated topic or relevant topic of public forum; (B) violates any restrictions applicable to public fora, including age restrictions and procedures; or (C) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling” and “griefing” as these terms are commonly understood and used on the Internet.
We cannot ensure that other users shall or shall comply with the Rules of Conduct or any other provision of these terms of use, and, between You and us, hereby assume all risk of damage or injury resulting from any non-conformity.
General
By accessing this Website and by using our Services the Platforms and any Applications (whether via webapp or via any application) You represent to be of legal age and accept these terms and conditions to the applicable jurisdiction in all disputes arising by virtue of such access. If any of these terms are held invalid or unenforceable for any reason (including, without limitation, the exclusions and limitations described above), then the invalid or unenforceable provision shall be severed from these terms and the remaining terms shall continue to apply.
The failure of the Company to enforce any of the provisions set forth in these Terms and Conditions and any Agreement or the failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce any and all such provisions.
These Terms and Conditions shall not be amended, modified, varied or supplemented, save and except in writing and signed by the authorized representative of the Company or by publication on the Website or in the relevant Application.
Notice of Changes
The Company reserves the right to change these terms from time to time as it sees fit and Your continued use of the site shall signify Your acceptance of any modifications to these terms. If there are any changes to our privacy policy, we shall notify You, on our home page and other key pages of the site, that changes have been made. If there is any change in the use of the Customer’s Personal Information, You shall be notified via email or mail. Any changes to our privacy policy shall be posted on our Website 5 (five) days before these changes take effect. We, therefore, recommend that You re-read this statement on a regular basis.
You can review our Privacy Policy here
