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 of Service”) of the eKidz.eu app carefully, as they apply in addition to the terms of the App Store when you download, register and use the eKidz.eu application whether free trial or paid versions.

The eKidz.eu app offers some features and content for free, but the app is not intended as a free offer. It is intended to be a supplementary educational tool to enhance learning. Fees and charges will never arise without your explicit notice, such as purchasing a subscription through the App Store.

In the case of inconsistencies between the terms of the App Store and our Terms of Service as defined here, the terms of the App Store shall take precedence.

1. Scope

1.1. The Terms of Service for the eKidz.eu app (hereinafter “App”) apply between eKidz.eu Limited (Gesellschaft mit beschränkter Haftung), in Steinstraße 3, 81667 Munich, Germany represented by the managing directors Nataliia Tetruiieva, John McDonagh and Felix Haffner, phone: 0049 (0) 89 20940905, fax: 0049 (0) 89 72639293, e-mail: info@ekidz.eu, website: www.ekidz.eu (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 personal consumption only, that is, Terms of Service do not apply to any commercial or for-profit usage.

2. Data Protection Policy

2.1. The data protection policy of eKidz.eu is also part of these Terms of Service. Please carefully read the data protection policy.

3. Downloading the App

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

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

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

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

4. Free Basic Version of the App

4.1. The basic version of the app, which is intended to be used as a trial, is free of charge.

4.2. Following the download and registration of the App, you can create sub-accounts for yourself, a child, a young adult or any other language learner (hereinafter “Learner”). To set up a learner account, you must enter a username for the Learner (first and last name), choose a password for the Learner and provide some additional information about the Learner (gender, date of birth, instruction language, reading level). You do not need to use real names when creating a Learner account.

4.3. The App is only available in the App Store. There is no user manual, neither printed nor in electronic form. Please read our website if you would like to get more information about the content, useage and functionalities of the App.

4.4. If you would like to cancel your registration, please send us an email to info@ekidz.eu

5. Paid Services of the App

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

5.2. 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 the App and are summarized in full for you before completing a purchase. The purchase is made by clicking on the button “pay now” in the App Store.

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

6. Software Updates

6.1. eKidz.eu may from time to time provide updates of the App in the App Store for downloading and installing (hereinafter “software updates”). Such software updates may be made in various forms and are generally made available for troubleshooting, improvement, safety and reliability of the software as well as for software installed previously or a device previously used to access the App. This also includes completely new versions of the App.. The software updates may require restoration of previous settings in order to fully use the App.

7. Licence Rights of Use

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

7.2. You are allowed to use the App and its content, including the licenced rights granted, solely for personal purposes within the framework 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 in part, are prohibited as far as a corresponding function has not been explicitly activated in the App or has been explicitly permitted by eKidz.eu.

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

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

7.5. All rights to the App, its texts, graphics, user interfaces, visible surfaces, photographs, brands, logos, sounds, music, images and illustrations, including in particular design, structure, appearance and the contents of the App within the App, as well as all the inventory and components of the App, belong to eKidz.eu. They are licensed by eKidz.eu and are protected by copyright, patent and trademark laws as well as various other laws for the protection of intellectual property and unfair competition.

8. Suspending and Deleting Accounts

8.1. eKidz.eu reserves the right to temporarily, or definetly suspend your account if legitimate interests of eKidz.eu or third parties are breached by you or a Learner registered in your account, or in the event of reasonable suspicion of misuse or other significant irregularities regarding the use of the App by you and/or your registered Learners. Behaviour of the learners registered by you is your sole responsibility.

8.2. eKidz.eu will inform you via email about any restrictions or suspensions placed upon the use of your account, unless eKidz.eu is prohibited to do so.

8.3. Your user account can be deleted upon your request by sending an email to info@eKidz.eu.

9. Liability

9.1. Generally, you are liable for all activities that are carried out through 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.

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

9.3. For simple negligence, eKidz.eu is only liable in case of breach of an essential contractual duty. Essential contractual duties are such obligations that eKidz.eu has to fulfil according to the content and purpose of these Terms and Conditions, and if necessary, their amendments, the fulfilment of which allows the proper use of the App and your trust in usage thereof.

9.4. You agree that a 100% availability of the services of eKidz.eu, in particular the content of the App, cannot be guaranteed for technical reasons. eKidz.eu, however, endeavours to keep the App available for use 7 days a week, 24 hours a day. In particular, maintenance, security or capacities, as well as events which are not within the scope of eKidz.eu (such as disturbances of public communication networks, power failures, or other Force Majeure etc.), can lead to short-term disturbances or temporary cessation of services of the App and thus non-availability of content for which eKidz.eu shall not be held liable.

eKidz.eu makes every effort to resolve deficiencies, especially by providing updates. eKidz.eu can also ensure the performance of Service only if you install the provided updates required by the App in a timely manner, which are made available by eKidz.eu for free in the App Store. A guarantee of eKidz.eu for deficiencies, resulting from the fact that you do not need the updates required for the error correction and provided free of charge by eKidz.eu (but possibly plus the costs of your network operator for the data connection) or has not installed in time, is excluded. Any claims for damages or unlawful enrichment shall remain void in this case.

9.5. If eKidz.eu uses third-parties’ services or content for the functionality and optimization of the App, that might use cookies or other alternatives of forwarding third-party offers such as app stores, databases, websites and other services (e.g. by setting links or 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.e their timeliness, completeness, correctness or general legal validity). The content, services or offers of third parties are governed by the terms of use, data protection regulations, and other terms and conditions of such third parties.

9.6. A stabile internet connection is required to download the App and ensure the best performance. In the case that content is completely downloaded in the App, the content may be be used offline in part. An internet connection is required to manage the App and to record performance levels, in particular the storage of the answers to the comprehension questions and current progress (“synchronisation”).

10. Amendments to the Terms of Service

10.1. eKidz.eu reserves the right to change these Terms of Service, except for active Subscriptions, at any time without reason. The new Terms of Service shall be communicated via email (hereinafter “notification”) to the email address specified in the registration process no later than one fortnight (two weeks) before the date on which they will take effect. If you do not object to the changes in printed or electronic writing before the date of execution, the changes are deemed as having been accepted by you. In the notification, eKidz.eu shall explain the consequences of not reacting to the notification and the date of the intended effect of the amendments as well as the right to invoke termination not subject to the contractual termination period. If you object to the proposed amendments in timely fashion (before the new Terms of Service take effect), the Terms of Service you have most recently consented to shall remain in effect.

11. Miscellaneous

11.1. If any Terms of Service are or become invalid or ineffective, the remaining provisions are unaffected. The ineffective provision shall be replaced by a provision which is economically closest to the meaning and purpose of the ineffective provision in a lawful manner. The same applies to possible gaps in regulation. Unless otherwise agreed, the statutory provisions shall apply.

11.2. The Terms and Conditions are subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the provisions of international law which would lead to the application of the law of another state. Munich is the place of legal domicile and jurisdiction.

11.3. The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr.