TERMS OF SERVICE

Effective Date: March 1st, 2024.

IMPORTANT NOTICE FOR U.S. CUSTOMERS: THESE TERMS & CONDITIONS CONTAIN A BINDING (WITH LIMITED EXCEPTION) ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

 

Welcome to Erandi Aprende!

 

Erandi Aprende offers a platform through its website https://www.erandiaprende.com (the site) and mobile app (the app), providing diverse educational content for kids to learn through play. This includes chats, videos, interactive exercises, and additional products and services aimed at supporting parents in raising exceptional children. Erandi Aprende is operated by Erandi Aprende Inc., a company organized under the laws of the Delaware Revised Uniform Limited Partnerships Act, with a registered address at 3500 South DuPont Highway, Dover, DE, 19901, USA.



Please carefully review these Terms & Conditions (Terms) and our Privacy Policy (INSERT LINK) as they govern your use of our Services. Do not proceed with the purchase of a subscription, account registration, or any other interaction with the Services if you do not agree to these Terms.

 

For clarity, users of the Services include Child Users, who are children using the child-directed learning segment, and Adult Users, individuals over 18, including parents, guardians, teachers, and school administrators. All users are collectively referred to as you, your, or users.

 

  1. Acceptance of Terms

 

These Terms, along with any Additional Terms, apply to your use of the Services or any related sweepstakes, service, or product. In case of a conflict between these Terms and Additional Terms, the latter will prevail unless expressly stated otherwise.

  1. Modifications to these Terms

We reserve the right to change or modify parts of these Terms at any time. Changes will be posted on the Services, with the new effective date indicated. Your continued use after changes become effective signifies acceptance. If you disagree, refrain from using the Services. We may change or discontinue the Services, in whole or in part, at our discretion, without notice.

  1. Accounts and Passwords

To access the Services, create an Erandi Aprende account (Account) and agree to these Terms and our Privacy Policy. Only Adult Users may create an Account, and Child Users may use the Services through an Adult User’s Account.

Erandi Aprende Account holders may access the Service via the Erandi Aprende App Premium, a subscription-based service, providing access to premium content and features.

Passwords and Account Access. The designated Adult User must be at least 18, not barred from contracting with us. You’re responsible for password and Account confidentiality, providing accurate registration information, notifying us of unauthorized use, and not selling or transferring your Account. Ineligible users’ Accounts may be deactivated.

 

  1. Purchases

 

  1. Account Fees & Recurring Billing

 

For certain types of Accounts or access to specific Services features, fees such as an Account fee or subscription fee may apply. All fees are payable as per the payment terms in effect when the fee or charge becomes due.

 

For instance, our Erandi Aprende Premium subscription is available for a fee. Erandi Aprende Premium can be accessed by purchasing a subscription through the site, within the app, as permitted by app marketplace partners, or bundled with one or more of our partners.

 

Authorization to Charge for Services:

To activate and maintain a paid Account, you must use a Pay Mechanism like a credit card, debit card, or other accepted methods (e.g., Google Play Store, Apple’s iTunes App Store). By registering for an Account, you authorize us to charge the Pay Mechanism used during registration. You are also responsible for charges related to products or services ordered through the Services. Failure to receive payment from the Pay Mechanism used requires you to pay all due amounts upon our demand. In the event of an initial decline, we may attempt to recharge the Pay Mechanism. Any overdraft fees or penalties from your payment provider are your sole responsibility.

 

Accuracy of Payment Information:

You agree to provide complete and accurate account information for all purchases. Updating your Account information promptly, including email address and payment details, is your responsibility. A third-party service provider processes payments on our behalf. You acknowledge that we are not liable for any data breach from the third-party payment processor.

 

Terms Applicable to Apple’s App Store:

Apple is not responsible for claims related to the app, including product liability, legal or regulatory non-compliance, or infringement claims. Apple and its subsidiaries are third-party beneficiaries of these Terms, with the right to enforce them against you.




Subscription Renewal:

Upon purchasing a subscription, we may automatically renew it for the same term unless you cancel before the renewal date. We will charge your credit card (or other Pay Mechanism used) for the new term’s applicable price. Your subscription fee billing begins at registration and recurs at each subsequent subscription period. Non-payment may result in subscription suspension, cancellation, or termination.

 

Trials and Promotional Fees:

Promotional trial subscriptions may be offered, and your usage rights are subject to trial terms. Cancelling your Account during a promotional period avoids full subscription fees. Specific cancellation procedures apply, detailed in the Subscription Cancellation section below.

 

Changes to Fees or Account Features:

Fees are set by Erandi Aprende at its discretion. We may change fees, subscription terms, or features at our discretion. Notice of upcoming automatic renewal will be sent if legally required. Your continued enrollment after effective changes constitutes acceptance.

 

Subscription Cancellation:

Cancellation before renewal is possible through the Manage My Subscription area in the Parents Section of the App or by contacting Customer Support at contacto@erandiaprende.com. Access continues for the prepaid period after cancellation.

 

Refunds:

Refund details are shared under request by emailing contacto@erandiaprende.com. Later in the year we will have a dedicated page for the latter.  Unauthorized payments made outside Erandi Aprende Inc.’s control must be reported within thirty (30) days for investigation.

 

  1. Online Store

 

We reserve the right to limit product or service sales by person, region, or jurisdiction. Product descriptions and pricing may change, and we may discontinue products at our discretion. We may refuse any order, limit quantities, and cancel orders, notifying you if changes are made.

 

  1. Promotional Codes, Gift Cards, & Gifted Subscriptions

 

Gift cards, promotional codes, or gift subscriptions may be offered by Monkimun or third parties. Additional Terms may apply, presented during the promotional item purchase.

 

  1. Privacy

 

Refer to our Privacy Policy for information on how we collect, use, and share your and your child’s information.

 

  1. Services Ownership and License

 

  1. Ownership. The Services, including specific functionalities of our products and/or services, are owned and controlled by us. All Content related to the Service is protected by U.S., European Union, and international intellectual property laws. Content includes text, graphics, user interfaces, photographs, logos, sounds, music, artwork, and computer code. It encompasses materials related to us, our products, and services, such as activities, games, lesson plans, teacher training, printables, characters, photographs, audio clips, sounds, pictures, videos, animation, trademarks, and other intellectual property.

 

  1. Limited License. Subject to strict compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to access, display, view, use, play, and/or print one (1) copy of the Content for personal, non-commercial use only. The License does not confer ownership or any other intellectual property interest, and you cannot use the Content or Services without our express written permission. Unauthorized use is prohibited.

 

  1. Content You Submit

 

We allow the posting, submission, or distribution of User-Generated Content on or through the Services. User-Generated Content rights remain with the user. By submitting User-Generated Content, you grant us a limited, non-exclusive, transferable, perpetual, worldwide, royalty-free license to use, copy, distribute, display, transmit, modify, publish, and sublicense such content for the specified purposes in these Terms. You consent to the publication of User-Generated Content generated through your account by Child Users in a way that doesn’t readily identify them. If you’re an Adult User, you also consent to the publication of information that can identify you in conjunction with User-Generated Content.

 

  1. Services and Content Use Restrictions

 

You agree not to:

 

  • Harm us, the Services, users, or any third party.
  • Engage in unlawful, false, misleading, offensive, or objectionable activities.
  • Violate any third party’s rights, including intellectual property rights.
  • Reverse engineer, disassemble, or modify any source or object code.
  • Interfere with users’ access or proper operation of the Services.
  • Access or collect information using automated means.
  • Interfere with security features, circumvent restrictions, or use meta tags with our Trademarks.
  • Use the Services for unauthorized purposes.
  • Disclose private information about third parties without their consent.
  • Violate these Terms or solicit, encourage, or facilitate such violations by others.

 

  1. Linking To and From Our Services

 

  1. Linking to or Framing Our Services. When linking to our Services, you may not create the false appearance that your websites and/or organization is sponsored, endorsed, affiliated with, or associated with us. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

 

  1. Third Party Links. Certain portions of our Services may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We have no responsibility or liability for any third-party materials, products, or services. Review third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

  1. Right of Withdrawal

 

If you are a resident of the EEA, the United Kingdom, or Switzerland, you agree that immediate access to some Services upon Account creation or payment of a subscription fee (see Clause 4 above) waives your right of withdrawal within fourteen (14) days (or any other period required by local laws) after Account creation or fee payment.

 

  1. Termination

 

These Terms are effective unless terminated by either you or us. You may terminate these Terms at any time by notifying us. We reserve the right to modify or discontinue the Services, suspend or terminate your access, including Accounts or User-Generated Content, at any time, without notice, for any reason. If your provided information violates these Terms, we may suspend or terminate your Account. Suspension or termination won’t affect your obligations, and no refund, except as provided by law, will be given. Upon termination, your License will end, except for surviving clauses: 4, 7, 8, 9, 10, 12, 13, 14, and 15.

 

For EEA, United Kingdom, or Switzerland consumers’ personal data, the Company complies with Regulation (EU) 2016/679, and after termination, consumers must refrain from using digital content or services and making them available to third parties.

 

  1. Governing Law / Jurisdiction

 

These Terms, and any Additional Terms, are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware. Exclusive jurisdiction for Disputes not required to arbitrate is the state and federal courts in Dover, Delaware, and users waive objections to jurisdiction and venue in such courts.

 

For users in the EEA, the United Kingdom, or Switzerland, these Terms are governed by the laws of your country, and legal disputes may be brought in your local courts.

 

  1. Arbitration

 

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH ERANDI APRENDE AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

 

YOU AND ERANDI APRENDE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SERVICES, THESE TERMS, OR CONTENT (A “DISPUTE” AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, INDIVIDUAL BILATERAL ARBITRATION, AS DETAILED BELOW.

 

Users who are residents of the USA

 

You and Erandi Aprende agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

 

Disputes

 

“Disputes” shall include, but are not limited to, any claims or controversies between you and Erandi Aprende against each other related in any way to or arising out of in any way from the Services or the Content including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Erandi Aprende, even if the claim arises after you or Erandi Aprende has terminated use of Services or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) that Erandi Aprende brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Erandi Aprende, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Erandi Aprende; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. Disputes do not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets, claims of piracy or unauthorized use of intellectual property (collectively, intellectual property claims).

 

Initial Dispute Resolution

 

Most disputes can be resolved without resort to litigation. You can reach our support department at [insert support email]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

 

Binding Arbitration Process and Procedure

 

Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Erandi Aprende agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Erandi Aprende are each waiving the right to a jury or to participate in a class action. Erandi Aprende and you further agree to submit to the personal jurisdiction of any state or federal court in [insert location] to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. This arbitration provision shall survive termination of these Terms.

 

To begin an arbitration proceeding, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at [insert arbitration service website]); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to [insert arbitration service name and address]; and (c) send one copy of the Demand for Arbitration to [insert Erandi Aprende’s address].

 

The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to [insert arbitration service]’s most current version of the Streamlined Arbitration Rules and procedures available at [insert arbitration service website]; all other claims shall be subject to [insert arbitration service]’s most current version of the Comprehensive Arbitration Rules and Procedures, available at [insert arbitration service website]. [Insert arbitration service]’s rules are also available at [insert arbitration service website] or by calling [insert arbitration service phone number]. If [insert arbitration service] is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the [insert arbitration service] Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

 

Payment of all filing, administration, and arbitrator fees will be governed by the [insert arbitration service] rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of these Terms.

 

Authority of Arbitrator

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable or whether any claims are not subject to Arbitration. The arbitrator will decide the rights and liabilities, if any, of you and Erandi Aprende. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall issue a written award and a statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

 

Waiver of Jury Trial

 

YOU AND ERANDI APRENDE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Erandi Aprende are instead electing that all covered claims and disputes shall be resolved by individual binding arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

 

Severability

 

Subject to the section titled “Waiver of Class or Consolidated Actions,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

 

Survival of Agreement

 

This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Erandi Aprende.

 

Users Residing in the EEA, the United Kingdom, or Switzerland

 

Except as provided herein, if we cannot resolve a Dispute informally, any conflict derived from this contract or in relation to this contract, including any matter regarding its existence, validity, termination, interpretation, or execution will be definitively resolved via arbitration administered by the European Association of Arbitration, in accordance with its Regulations in force on the date on which the arbitration request is presented and the concerned parties are aware of this.

 

The concerned parties accept that the arbitration tribunal composed for such a purpose be made up of one sole Arbitrator, and the language of arbitration will be Spanish or English, and the arbitration proceedings will be held in Madrid, Spain.

 

This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Erandi Aprende, or any employee, officer, director, or investor of Erandi Aprende, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.

 

This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Erandi Aprende.

 

Subject to the section titled “Waiver of Class or Consolidated Actions,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

 

As a consumer, you have the right to refer the matter to a court of law where you reside. You may also choose to make a complaint in the first instance to the relevant consumer protection agency in your territory or to the relevant EU or national board/authority for consumer disputes, or you can go to [insert link to online dispute resolution platform] to resolve a consumer dispute out of court online.

 

  1. Contact Us

 

If you have any questions, concerns, or need to contact us regarding these Terms or the Services, you may reach out to us through the following channels:

 

ERANDI APRENDE INC.

 

3500 South DuPont Highway, Dover, DE, 19901, USA

Email: contacto@erandiaprende.com

 

Website: https://beta.erandiaprende.com/ 

We will make our best effort to address your inquiry promptly.