Terms and Conditions
Edukapi
Last version date: October 18, 2024
Terms and Conditions Version: 2.0

1. Introduction and General Information.

Welcome to the use of Edukapi SpA services, Tax Identification Number 77.840.622-5, located at Av. Juan XXIII 6699, Apartment 404, Building 2, Vitacura, Metropolitan Region, Chile (hereinafter, referred to interchangeably as "Edukapi" or "We"). Edukapi SpA is the owner and operator of (i) the “Edukapi” application, which helps users solve educational questions in various subjects, such as mathematics, natural sciences, and others (hereinafter, the "Application"), and (ii) the website related to the Application, located at www.edukapi.com and its possible subdomains (hereinafter, the "Website," and collectively with the Application and all the content provided through it, the "Platform").

This document outlines the terms and conditions for the use of the Platform and Services—as defined below—(hereinafter, the "Terms and Conditions"). These are binding and mandatory for any individual who uses the Services, accesses the Platform, or registers as a User—as defined below. Consequently, anyone wishing to use the Services, access the Platform, or register as a User must first accept these Terms and Conditions, as well as our Privacy Policy, and abide by their provisions. If someone does not agree to these Terms and Conditions or the Privacy Policy, they must refrain from using the Services and Platform.

It is expressly stated that access to the Platform or the use of Services is not conditional upon the acceptance of these Terms and Conditions. Regardless of how the Platform is installed, accessed, or used—whether through personal computers, mobile devices, or otherwise—the obligations and rights contained herein are binding on both parties.

These Terms and Conditions constitute a binding agreement between the User and Edukapi, defining the rights and obligations of both parties concerning the Platform and the provision and use of Services. This agreement expressly supersedes any prior agreement or commitment between Edukapi and the User. Therefore, it is important that the User reads and understands these Terms and Conditions before accepting them.

By downloading, installing, accessing, or using the Platform and/or Services, the User confirms they have read, understood, and agreed to these Terms and Conditions and any other documents mentioned herein, including without limitation our Privacy Policy. Consequently, if the User does not agree to these Terms and Conditions, they may not use, access, or register with the Platform or Services and must immediately uninstall and delete all copies of the Application.

The use of the Platform and Services, the application of these Terms and Conditions, and all actions and contracts performed through the Platform are subject to the laws of the Republic of Chile, especially Law No. 19.496, which establishes regulations on Consumer Rights Protection, regardless of the location from which the Services or Platform are accessed.

Acceptance of these Terms and Conditions governs the User’s access to and use of the Platform and Services.

No one may use the Services through the Platform without first accepting these Terms and Conditions and registering an account on the Platform. The user profile will include their name, age, email address, and general preferences for the Application, as well as an optional profile picture if the user registers via Google, Apple, or Facebook platforms with an active session (hereinafter, the "Account" and the "User," respectively). Consequently, registering an Account implies prior knowledge and acceptance of the Terms and Conditions.

It is expressly noted that the Services, the Platform, and their content are suitable for children aged 4 and older. Edukapi aims to offer Services that encourage personal growth, promote self-directed learning, and help users develop new skills and tools to effectively solve study-related questions and problems. Therefore, it is designed as a complementary tool for students of all ages. However, for contractual and legal purposes, minors under 18 years of age must use the Platform under the supervision of their legal representative—parents or legal guardian—in accordance with Article 43 of the Chilan Civil Code. Edukapi is not responsible for false or incorrect information entered into the Platform to bypass the stated age and obligations. Edukapi is committed to safeguarding minors by providing an inclusive yet secure platform. By accepting these Terms and Conditions, the User confirms they have the legal capacity to register or have the necessary authorization or representation to download, access, and use the Platform. In case Edukapi becomes aware of a breach of this clause, it reserves the right to suspend Services and deny access to the Platform until sufficient and legally enforceable authorization is provided.

Any new feature or tool added to the Platform will also be subject to these Terms and Conditions. Additionally, the User agrees to comply with any supplementary policies, service-related terms, or additional rules published from time to time on the Platform or Services, which shall be considered part of these Terms and Conditions.

Edukapi reserves the right to deny access to the Platform or Services, in whole or in part, to Users who violate these Terms and Conditions. In such cases, Users forfeit any right to claims, expressly waiving all actions that may arise.

Edukapi is a tool for learning and solving educational questions and problems and should be used accordingly. Misusing it to cheat on exams or assignments does not align with Edukapi’s principles, values, or ideals and is strongly discouraged. Such misuse ultimately harms the User by preventing them from learning properly or developing their skills through the Platform’s correct use.

These Terms and Conditions and the rights and obligations described herein do not establish any employment relationship between Edukapi and its Users.

2. Modifications

At any time and under any circumstances, Edukapi may modify or amend these Terms and Conditions at its sole discretion. Edukapi may also make changes to the Platform or the Services offered, always aiming to improve their functionality and ensure better access and usability for Users. Consequently, any new features or tools added to the Platform will also be subject to these Terms and Conditions and will be considered part of them.

In the event of direct modifications to these Terms and Conditions, Users will be notified via their registered email addresses, and the updated version will also be made available on the Platform, which serves as the official channel for such updates. It is the User's sole responsibility to regularly review these Terms and Conditions, as all updates will be published online and accessible to anyone wishing to review them.

Therefore, any use and/or access to the Platform and/or Services through their Accounts after such updates will be deemed as the User's acceptance of the new Terms and Conditions, without any reservations or objections.

Additionally, Edukapi reserves the right to terminate these Terms and Conditions, the Services, and access to and use of the Platform at any time and with immediate effect.

3. Services

Edukapi is an interactive platform for personalized assistance that facilitates the development of problem-solving skills, enhances critical thinking, and serves as a complement or support for students and their parents in the learning process. Using artificial intelligence technology, the Platform allows Users to explore and delve into various academic subjects of interest (e.g., but not limited to, mathematics, logic, natural sciences, scientific theories, among others) through textual, visual, and voice interactions with a virtual tutor called “Kapi.” It provides an accessible space for curiosity and self-directed learning, according to different subscription plans for Users (hereinafter, the "Services").

Edukapi is not obligated to provide updates, improvements, or related services. However, it may automatically update or enhance the version of the Services the User is using on their device, which the User agrees to by accepting these Terms and Conditions. If an update is accompanied by a separate license other than Edukapi's, the terms of that license will be communicated to the User and will apply accordingly.

Edukapi reserves the right, but is not obligated, to limit Accounts and/or Services for any individual, geographic region, or jurisdiction if, in its sole discretion, the Services are being misused by Users in ways that undermine respect, honor, and Edukapi’s principles and values. In such cases, Edukapi will notify the Users whose accounts have been limited, suspended, or restricted via their registered email address. This will be done without any compensation for those Users and without prejudice to any other legal actions Edukapi may pursue.

Furthermore, Edukapi is not obligated to maintain the Services or provide specific content through them. Edukapi reserves the right to discontinue, suspend, or modify the Services offered on the Platform, either permanently or temporarily, without requiring User approval or prior notice. However, in cases where refunds are applicable, these will be processed accordingly.

It is expressly noted that the termination of Services, or the limitation, suspension, restriction, or cancellation of a User's Account for any reason, does not exempt the User (or former User) from responsibilities and obligations arising from their use of the Platform and/or Services. These responsibilities and obligations will survive the termination of these Terms and Conditions.

4. Service Warranty

Access to and use of the Services is at the User's own risk. By accepting these Terms and Conditions, the User understands and agrees that the Services are provided "as is."

Given that the Services are based on artificial intelligence, Edukapi does not guarantee the completeness, accuracy, availability, timeliness, security, or reliability of the responses provided on the Platform. Users must always keep in mind the predictive nature of the models used, which is acknowledged by the User at the time of agreeing to these Terms and Conditions.

Edukapi does not guarantee that the Services will meet the User's expectations, and therefore, this cannot be grounds for claims or objections. Edukapi will make its best efforts to provide accurate Services and offer a personalized and supportive experience for the User. However, it is not possible to guarantee that all interactions on the Platform will deliver error-free and secure information. Consequently, no response provided by the Platform that implies otherwise, through any form of communication, shall constitute a warranty beyond what is expressly stated in these Terms and Conditions.

Additionally, the Services may include translations and transcriptions to improve User understanding. However, Edukapi does not take responsibility for or guarantee the accuracy, reliability, or suitability of these translations or transcriptions. While reasonable efforts have been made to provide accurate translations and transcriptions, no automatic translation or transcription is perfect. These are intended solely as a convenience for Users and do not grant any rights regarding the use of the Services. Edukapi emphasizes that the official language of the Application and the Website is Spanish, which should be considered the only authoritative version for all purposes. Any discrepancies or differences arising from translations or transcriptions are not binding, and the Spanish version shall always prevail as the reference. If the User has questions or concerns about the accuracy of the information in the translated or transcribed Application or Website, it is suggested to consult the Spanish version, which is considered the official one.

By accepting these Terms and Conditions, the User releases Edukapi from any objections, claims, demands, or lawsuits regarding the accuracy of results, responses, reasoning, explanations, resolutions, translations, transcriptions, or similar outputs obtained from the use of the Platform and/or Services. The User explicitly waives any action in this regard.

5. AI Chat Service

The User is obligated to treat Kapi, the virtual tutor, with respect. The User agrees not to use obscenities, make threats, or discuss topics unrelated to the subject of study or learning for which they are seeking help or guidance. The User also agrees not to disclose any personally identifiable information to Kapi other than what is provided in their Account, such as their address, phone number, ID number, passwords, personal photographs, or any other information that could be used to identify or locate them. Similarly, the User agrees not to request such information from Kapi. Failure to comply with these prohibitions grants Edukapi the right to suspend or cancel the User’s Account without any compensation and without prejudice to any other legal actions Edukapi may pursue.

If Kapi requests such information or interacts with the User in a disrespectful, immoral, racist, or otherwise inappropriate manner unrelated to the academic matter being discussed, Edukapi declares that it is not responsible for such interactions and that it has not authorized or directed such responses or suggestions. The User must immediately report this behavior to the contact provided in clause 23 of these Terms and Conditions. In such cases, Edukapi is committed to addressing the issue promptly and may suspend access to Accounts and Services to ensure User safety.

6. User Accounts

The Services and their use through the Platform are intended solely for the personal use—or duly represented or authorized use, as applicable—of the User. By creating an Account and accepting these Terms and Conditions, the User represents and warrants that they will use the Service within the legal framework and comply with applicable regulations. Therefore, the use of the Services is not authorized in any jurisdiction where the Service or any part of it may violate local laws or regulations. Users in such jurisdictions may not access or use the Platform or the Services.

To use the Platform as a User, a registration form must be completed, allowing for the creation of an Account, which the User can access using a personal password or access key of their choice. Once the Account is created, the User will receive a confirmation email at the provided email address, confirming their subscription—whether free or paid—according to the plan selected by the User.

The required details for creating an Account, including full name, age, email address (hereinafter, the “Personal Data”), and general Application preferences, are the only data that will be requested from the User. The processing of this information is governed by our Privacy Policy. The information provided by the User must be accurate, precise, and truthful, and the User is solely responsible for any misuse of this information or false declarations. Edukapi is not liable for incorrect or false information entered into the Platform, especially if it is used to circumvent the required age or any rights and obligations outlined in these Terms and Conditions. Edukapi may suspend the Services, cancel Accounts, and deny access to the Platform in the event of any violations of these provisions. Consequently, the Personal Data entered by the User during Account registration must always be accurate, current, and truthful. Edukapi is not responsible for the accuracy of this information, as it is provided by the User, who bears sole responsibility. The User guarantees the truthfulness, accuracy, validity, and authenticity of their Personal Data and will be held accountable for any misrepresentation.

The Personal Data provided by the User will remain completely confidential and protected by Edukapi. The User retains the rights established under Law No. 19.628 on Privacy Protection, as detailed in clause 17 of these Terms and Conditions and in our Privacy Policy.

The purpose of collecting Personal Data is to validate the User's identity and offer personalized Services tailored to their interests and preferences as part of an integrated process. This data also allows for the generation of internal statistics to enhance the User’s interaction and experience on the Platform. Personal Data will not be shared with third parties unless explicitly authorized by the User, required by law, or mandated by a judicial resolution or a competent authority. Statistical Data, which under Law No. 19.628 on Privacy Protection cannot be associated with an identified or identifiable individual due to data anonymization or similar mechanisms, may be used for commercial purposes and to enhance Edukapi's brand and business valuation.

The Account is personal, unique, and non-transferable. Users are expressly prohibited from sharing, lending, or renting their Account to third parties for any purpose. The User is solely responsible for the care and proper use of their Account, including safeguarding their access key.

Edukapi, at its sole discretion, may terminate the registration and/or Account of any User unilaterally at any time due to violations of these Terms and Conditions.

Any costs incurred by an individual to create an Account or by a User to access it are the sole responsibility of that individual or User. Edukapi bears no obligation or responsibility for such costs.

7. User Content.

When using the Services, the User generates content based on their interactions on the Platform, as well as on other social media or information platforms where Edukapi maintains active accounts, such as Instagram, Facebook, TikTok, X, YouTube, Discord, and LinkedIn. "User Content" refers to any content created or uploaded by the User to the Platform or any of the aforementioned social media or information platforms. This includes, but is not limited to, text, mathematical problems or other academic subjects, photographs, videos, images, files, data, questions, comments, suggestions, feedback, ideas, bug reports, and any other information sent or automatically uploaded.

User Content is not considered confidential information.

The User is solely responsible for their User Content and agrees not to send or upload any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, illegal, or otherwise inappropriate User Content. This includes content that infringes or violates the rights of any party (including, but not limited to, intellectual property rights and rights of privacy and publicity).

By uploading User Content to the Platform, the User irrevocably grants Edukapi all exclusive rights to the User Content, allowing Edukapi to use and manage it at its discretion for any purpose. This includes improving User interactions, enhancing the software, generating new responses and content, marketing, broadcasting, public display, digitizing, modifying, creating derivative works, incorporating it into other works, and any other usage or exploitation through any existing or future medium, including websites, audio formats, print media, and others. The User permanently waives any claims or rights of use or profit from their User Content, acknowledging that Edukapi may use it for all purposes without recognition or compensation.

The User guarantees that they have the rights, licenses, and/or authorizations necessary to generate and upload User Content to the Platform. They further guarantee that this content and Edukapi's use of it as described above do not infringe any intellectual property or other rights of third parties, such as trademarks, copyrights, moral rights, or publicity rights. The User also declares they have all necessary rights for the reproduction, distribution, public performance, display, and any other exploitation of the User Content and that they have the legal capacity to authorize Edukapi to use it.

The User agrees to indemnify and hold Edukapi harmless from any claims, lawsuits, or actions by third parties resulting from the User's actions or content uploaded in violation of this clause. Should any third party claim rights over User Content or its use, the User will assume Edukapi’s defense in the corresponding process or act as a co-defendant if necessary. Additionally, the User will bear all costs incurred by Edukapi in its defense and compensate for any damages resulting from the User's noncompliance.

User Content must not (hereinafter, "Prohibited Content"):

Be pornographic, obscene, defamatory, libelous, tortious, harassing, or otherwise illegal.
Promote racism, intolerance, hatred, or physical harm against any group or individual.
Be "junk mail," "chain letters," or "spam."
Promote illegal activities or abusive, threatening, obscene, defamatory, or libelous conduct.
Be commercial in nature without proper authorization.

Edukapi assumes no responsibility for the conduct of any User or the User Content sent or uploaded to the Platform. Any User who encounters content on the Platform they deem offensive, hateful, harassing, or qualifying as Prohibited Content, may notify us at contacto@edukapi.com.

8. Platform and Terms of Use

The Platform and Services are designed to be accessible through devices running Apple and Google operating systems, ensuring that everyone, regardless of their socioeconomic background, has the opportunity to explore and expand their knowledge and skills.

Simply visiting the Platform does not impose any obligation on those accessing it unless they unequivocally express their intention to contract with Edukapi to use the Services as outlined in these Terms and Conditions. In such cases, an Account must be created to be registered as a User.

Therefore, Users may only access the Services of the Platform through authorized means, after accepting these Terms and Conditions and successfully completing the Account registration process.

The Platform can be used for free, with paid subscription options available for those seeking a more robust and continuous experience. Users can either access the Services for free or subscribe to one of the paid plans, which offer expanded functionality (e.g., extended access to interaction histories and additional customization options).

Edukapi makes available to Users their interaction histories on the Platform, including questions, problems, and responses generated, for a specified period:

For free Users, history is available for 2 weeks from the date of interaction in the Platform chat.
For paid Users, history is available for up to one year from the date of interaction.

It is expressly stated that the User is solely responsible for:

The use of their Account.
The accuracy and completeness of the Personal Data provided during Account registration.

The User agrees to use the Platform appropriately and lawfully, in accordance with applicable law, these Terms and Conditions, morality, good customs, and public order.

a. User Rights

By accessing and using the Platform and Services, the User:

May download and install a copy of the application on any authorized device they own and control and use this copy exclusively for personal and non-commercial purposes.
May access their Account anytime and choose among the subscription plans offered by Edukapi.
May use the communication channels outlined in clause 23 of these Terms and Conditions.
Has irrevocable rights over their Personal Data, and Edukapi has the obligation to safeguard it. The User may object to the use of their Personal Data for advertising, market research, or opinion surveys at any time.
May exercise the right of withdrawal as set forth in clause 13 of these Terms and Conditions, within the timelines and conditions specified therein.
May request a refund of fees paid for the Services—minus amounts corresponding to Services already used—if Edukapi fails to deliver the Services or unjustifiably suspends, cancels, or terminates them, provided that such suspension, cancellation, or termination is not due to the User's fault or misconduct.

Edukapi commits to providing a Service that supports the User, always acting in good faith to offer the best tools and the most personalized experience possible to maximize the User's self-directed learning potential.

b. User Obligations

By accessing and using the Platform and Services, the User agrees to:

Comply with any technical restrictions of the Services that enable their correct use.
Use the Platform solely for personal purposes or on behalf of their representative, as applicable, and agree not to lend, transfer, or share their Account with third parties.
Not authorize third parties to use their Account and take full responsibility for any actions performed in their name or through their Account, whether or not authorized.
Not use the Account for illegal purposes, acts contrary to these Terms and Conditions, good faith, or public order, or in ways that harm third-party rights or interests or involve fraudulent intent.
Not use the Platform to harass, abuse, stalk, threaten, defame, or infringe on the rights of others.
Not harm or interfere with the Platform or Services, including attempts to access restricted areas.
Secure and keep their Account credentials confidential.
Not access or use the Platform with unauthorized or incompatible devices.
Not copy, reproduce, modify, or create derivative works from the Services or any part thereof.
Not extract information about the artificial intelligence model used by Edukapi or attempt to access Edukapi's proprietary information, problem-solving methods, or trade secrets.
Not scrape or collect data from the Services using automated tools such as bots or crawlers.
Not upload harmful content, including viruses, malware, or code that could damage the Platform or compromise other Users' data.

Additionally, no User may reproduce, distribute, display, sell, rent, transmit, translate, modify, or exploit the Platform or its content in any way unless expressly permitted in writing by Edukapi.

Indemnity

Users agree to indemnify, defend, and hold harmless Edukapi, its parent company, subsidiaries, affiliates, partners, and related entities from any claims, demands, or legal actions, including reasonable attorney fees, arising from non-compliance with the use of the Platform and/or Services as stipulated in these Terms and Conditions.

9. Payment Terms

The paid Services offered by Edukapi will display their prices and costs directly on the Platform, which will also reflect any updates or changes to these values. Users can make payments through Apple and Google operating systems. By accepting these Terms and Conditions, Users also agree to adhere to the respective payment terms of these platforms.

Once the payment is successfully processed and confirmed by Apple or Google, the User will receive a confirmation email for their paid subscription at the email address registered in their Account. However, the payment receipt issued by Apple or Google will be sent by their respective servers and will serve as the official proof of payment for the User.

Edukapi reserves the right, at its sole discretion, to change the prices and costs of the Services without requiring prior authorization from Users. In the event of price changes, Edukapi will notify Users accordingly and ensure the Platform reflects the updated pricing.

10. Typographical or Translation Errors

a. Typographical Errors

If any of the plans offered for accessing the Services is listed with an incorrect price or inaccurate information due to a typographical error, Edukapi reserves the right to reject or cancel any paid subscription for the plan listed at the incorrect price. Edukapi may deny or cancel such subscriptions regardless of whether the payment order has been confirmed and charged to the User's bank account. If the purchase has been charged to the User’s bank account and the order is canceled due to the reasons described in this paragraph, a corresponding credit note for the respective amount will be issued immediately, and the refund will be processed promptly.

b. Translation Errors

Edukapi SpA provides translations of services, content, and policies using the Google Translate API to facilitate platform customization in different languages. However, Edukapi SpA does not guarantee the accuracy, completeness, or reliability of these translations, as they are automatically generated and intended solely for informational purposes, without any binding nature.

In the event of discrepancies or differences between the translated version and the original version in Spanish, the Spanish version shall always prevail. No warranties, express or implied, are made regarding the suitability of translations for any specific purpose. Users are responsible for consulting the original Spanish content to verify the accuracy of the information and make informed decisions based on that version.

11. Validity of Offers on the Platform

The prices of the Services available on the Platform are valid and applicable only while they are displayed on the Platform. These prices do not necessarily apply to other Channels and Social or Information Networks (as defined later) used by Edukapi. Similarly, promotions offered on the Platform are not necessarily the same as those offered through other Channels and Social or Information Networks used by Edukapi unless explicitly stated on the Platform.

Edukapi reserves the right to make changes to its prices without prior notice to Users or third parties.

12. Promotions

If promotions or offers for the Services are made on the Platform (such as new plan offerings, discounts on existing plans, or others), they will only be valid for purchases made between the start and end dates of those promotions or offers. The terms and conditions of these promotions will be communicated directly on the Platform.

In accordance with clause 11, promotions offered on the Platform are not necessarily the same as those offered on other channels used by Edukapi.

13. Right of Withdrawal

The User may unilaterally terminate these Terms and Conditions without providing a reason and request: (i) the cancellation of their Account, in the case of free subscriptions, at any time; and (ii) the cancellation of their Account and a refund of the applicable portion of the price, in the case of paid subscriptions, within 48 hours of purchasing the Services.

To exercise the above right, the following procedure must be followed:

i) For Users with free subscriptions: Users may delete their Account and the Application from their mobile devices without notifying Edukapi or requiring approval.

ii) For Users with paid subscriptions: Users must notify Edukapi in writing of their decision by emailing legal@edukapi.com, at which point a case number will be generated to handle the cancellation of their Account exclusively. Edukapi will resolve the case as quickly as possible and, in any event, within 10 days of receiving the User’s withdrawal notification.

For a refund of the payment made, the User must use the support services of Apple or Google, depending on the payment platform used to purchase the Services, and adhere to their respective cancellation policies. The resolution of the case and the refund of the amounts paid—minus the Services already provided to the User as of the withdrawal date—will, in any case, be completed within 45 days of the User's withdrawal notification to Edukapi and the respective payment support platform, whichever occurs later.

14. Intellectual Property

All content included on the Platform, including but not limited to text, photographs, images, forms, videos, and sounds, is the exclusive property of Edukapi. Users or third parties are strictly prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any of these in any way.

Edukapi reserves all rights, including intellectual and industrial property rights, to the "Edukapi" trademark, other related trademarks, patents, and trade secrets associated with the Services offered on the Platform, as well as the Platform's content, databases, programs, software, hardware, codes, information, technology, integration phases, functionalities, domains, files enabling Users to interact with their Accounts, sales tools, patents, copyrights, trademarks, industrial designs and models, logos, and graphics related to the Services, among others. These are protected under Chilean law and regulations, with many registered with the Instituto Nacional de Propiedad Industrial de Chile (INAPI).

Additionally, any information, materials, solutions, suggestions, feedback, files, and interactions provided by the User while using the Services, as well as any rights or titles associated with them, may be used at Edukapi's discretion. Edukapi holds a license or usufructuary right over these as described in clause 7 above.

Any trademarks appearing on the Platform, other than the Edukapi brand, are the exclusive property of their respective owners. Neither Edukapi, Platform Users, nor third parties have any rights or authority over these trademarks or their associated industrial and intellectual property rights. These trademarks are also protected under Chilean laws and regulations. Consequently, any imperfections, damage, or harm caused directly or indirectly by these trademarks to Users will, under no circumstances, be Edukapi's responsibility, and Edukapi is entirely indemnified.

Unless expressly authorized in writing by Edukapi, the use or partial/total reproduction of Edukapi's intellectual and industrial property rights is prohibited for Users and third parties. Access to and use of the Services and Platform do not grant or guarantee any right or license for the User to reproduce or use the name "Edukapi," its trademarks, graphics, or logo in any form.

Users are prohibited from using any software, device, application, or other means that could interfere with the activity, functioning, or operations of Edukapi, whether in accessing the Platform or using the Services as authorized. Likewise, any interference with Accounts, their access, manipulation, Edukapi's databases, or similar activities is strictly forbidden.

The use of the Platform and Services only grants the User the right to use them while these Terms and Conditions and the specified licenses for the Platform's and Services' software remain in effect. Under no circumstances does the use of the Platform and/or Services transfer ownership rights to the User over the Service, Platform, or Edukapi.

Any violation or act contrary to intellectual and industrial property laws or the prohibitions outlined in this clause grants Edukapi the right to take all corresponding legal actions and obligates the infringer to indemnify Edukapi for all damages or harm caused by such noncompliance.

15. Third-Party Material

The Platform may contain links to websites and content owned and/or operated by third parties. These links and content are provided solely for informational purposes. Edukapi is not responsible for such third-party websites or the content offered on them, and any access by a User to these sites is at their own risk, with the understanding that Edukapi has no control over these sites or their content.

The inclusion of a link to a third-party website or content on the Platform shall not, under any circumstances, be understood as an endorsement, advertisement, or promotion of such sites or their content by Edukapi. Any harm, damage, claims, costs, expenses, or other issues caused to a User by a third-party site or its content, whether directly or indirectly, will be the sole responsibility of the User. Edukapi has no obligation or liability in this regard.

16. Advertising

Edukapi may use various channels and networks to advertise its Services and Platform, such as Instagram, Facebook, TikTok, X, YouTube, Discord, LinkedIn, catalogs, and others (hereinafter, "Channels and Social or Information Networks"). However, under no circumstances shall these third-party sites or channels used for advertising purposes be considered operated or managed by Edukapi. Therefore, any interaction with these applications or sites by Users or other users is at their own risk and responsibility, as outlined in clause 15 above.

Any interaction on Edukapi's Channels and Social or Information Networks is solely for informational and/or advertising purposes.

17. Privacy and Security

By accepting these Terms and Conditions, the User explicitly consents and authorizes Edukapi to process their Personal Data in accordance with Law No. 19.628 on Privacy Protection. This includes data necessary for proper identification, contact information, and any other essential data to ensure the functionality and continuous improvement of the Services. Personal Data processing encompasses all operations defined under this law. Users retain all rights granted by the law regarding their Personal Data.

Edukapi may use the information provided by Users for the following purposes:

Validate the User's identity.
Provide better Services to the User.
Respond to User inquiries about the Services and communicate with them generally.
Inform Users about new tools or changes to these Terms and Conditions.
Improve the Platform.
Analyze data, compile statistics, and conduct email marketing while ensuring proper anonymization, so Users cannot be identified, thereby converting the data into Statistical Data.
Conduct internal analysis to enhance Service and Platform management.
Train new models or develop complementary programs or services.
Validate, confirm, and process transactions through the Platform, including subscription plans.
Prevent fraud, illegal or criminal activities, or misuse of the Services that could harm Edukapi or its Users.
Protect the security of Edukapi’s IT systems, architecture, and networks.
Fulfill Edukapi’s legal obligations and protect its rights, privacy, security, or property, as well as those of its affiliates, partners, or Users.

The User acknowledges that the Platform uses behavioral tracking systems via "cookies," "web beacons," and similar technologies. These tools store small amounts of information in the User’s browser, allowing the Platform to remember preferences and track Platform usage to improve services and provide relevant information. These technologies cannot execute programs or introduce viruses to the User's device. Additionally, the Platform may include third-party cookies from affiliated companies, service providers, or advertisers.

The Platform may include links to third-party websites, which does not imply ownership or operation by Edukapi, as noted in clause 15. Third-party processing of Personal Data from these websites is not Edukapi’s responsibility. By accepting these Terms and Conditions, Users acknowledge that Edukapi has no control over such websites and is not liable for their content, services, or data processing practices.

To exercise their rights under Law No. 19.628 on Privacy Protection or resolve questions, concerns, or complaints, Users can use the contact mechanisms provided on the Platform, detailed in clause 23 of these Terms and Conditions. Users may also rectify or cancel the information provided on the Platform at any time by deleting their Account.

Edukapi commits to not sharing Users’ Personal Data with third parties under any circumstances, except when authorized by the User, required by law, or mandated by a judicial resolution or regulatory authority. Statistical Data, which cannot be associated with any identifiable individual due to anonymization or similar processes, may be used for commercial purposes and brand valuation.

By accepting these Terms and Conditions, Users agree to:

Respect the privacy of other Users.
Avoid unauthorized collection of content or information from other Users or accessing the Platform or Services in an unauthorized manner, including but not limited to the use of "bots," "scrapers," or other automated methods without Edukapi’s permission.
Not disclose Personal Data or sensitive information about others, including addresses, phone numbers, emails, photos, credit card numbers, or any information that could be used to track, contact, or impersonate someone.
Not provide false Personal Data to Edukapi or create an Account on behalf of another person without authorization.

For more details about Edukapi’s Privacy Policy, Users can visit the following link: https://www.edukapi.com/politicas-de-privacidad

18. Indemnity

The User agrees to indemnify and hold harmless Edukapi SpA, its affiliates, partners, directors, employees, and staff from any claim or demand, including attorney’s fees, made by any third party arising out of or related to the User's breach of these Terms and Conditions or applicable laws.

No statement or clause in these Terms and Conditions shall be construed to exclude or limit the User's liability.

19. Waiver and Severability

The failure of Edukapi to exercise any right under these Terms and Conditions shall not constitute or be construed as a waiver or forfeiture of such rights.

If any provision of these Terms and Conditions is deemed illegal, void, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

20. Dispute Resolution

Any questions, conflicts, difficulties, or disputes arising between the parties regarding this agreement—whether related to its validity, interpretation, performance, breach, termination, or any other matter—shall first be resolved by mutual agreement through direct negotiation.

If such resolution is not possible, disputes shall be resolved before the competent Local Police Courts of Chile or, as applicable, the competent Ordinary Courts of Justice of Chile.

21. Jurisdiction and Applicable Law

These Terms and Conditions, as well as the relationship between Edukapi and the User, shall be governed and interpreted in accordance with the laws in force in the Republic of Chile, regardless of where the Services and/or the Platform are accessed or used.

For all legal purposes, Edukapi and the Users establish their domicile in the municipality and city of Santiago, Chile, and submit to the jurisdiction and competence of the Local Police Courts and/or the Ordinary Courts of Justice, in accordance with clause 20 above.

22. Assignment

Users may not assign their rights and obligations under these Terms and Conditions without prior written consent from Edukapi.

Conversely, Edukapi may assign the rights and obligations arising from these Terms and Conditions without prior User consent to any entity within its corporate group, its parent company, or related entities, as well as to any person or entity succeeding it in the operation of its business, under any title or capacity.

23. Notifications and Contact

Users of the Platform can choose whether or not to receive notifications from Edukapi when creating and configuring their respective Accounts.

Notifications will be sent to the address or email provided by Users in their Accounts.

Users wishing to contact the Platform—for changes, complaints, suggestions, questions about its use or the Services, or inquiries regarding the Terms and Conditions or Privacy Policies—may do so via the following email:

legal@edukapi.com.

Terms and Conditions Edukapi Last version date: October 18, 2024 Terms and Conditions Version: 2.0