Terms of service

Definitions
In the present document, the following words must be understood as :
– Application/Platform: means the web application developed by the Editor and allowing the access and the use of Kidaia.
– ToS : the present Terms of service (also meaning “terms of use” and “terms and conditions”).
– User/Child/Parent: any person who uses the platform, both children and legal guardians/parents. The child user being a minor, must be accompanied by his or her legal guardian for the administrative procedures.

PREAMBLE

The present ToS determine the rules of access to this platform of educational digital content, hereinafter referred to as the Platform.
By using this Platform, you acknowledge, as a user, that you are aware of the terms, accept them without reservation and comply with them.

The Publishers of the Platform reserve the right, at their sole discretion and without prior notice, to modify, delete or add to these ToS at any time, in particular in order to take into account any legal, jurisprudential, editorial and/or technical evolution. The version that prevails is the one that is accessible online.

You are therefore advised to refer regularly to the latest version of the said ToS.



ARTICLE 1 – USER USAGE, PRACTICAL INFORMATION

Kidaia is an innovative solution based on artificial intelligence, making possible the acquisition of the fundamental knowledge of mathematics (discovery and training).
Kidaia is the unique combination of voice recognition and 3D visualization applied to mathematics. The application and the platform are used in homes and allow children to play mathematics through numerous application exercises but also to watch our educational videos in holograms.
Kidaia also allows parents to follow the progress of their children.

The tablet on the pictures is not provided, only the holographic kit (glass + feet) is.
It is necessary to use a tablet for a good holographic experience.

Without the holographic kit, Kidaia can also be used on a smartphone computer or tablet. The device used should meet the following characteristics to ensure a good use of Kidaia:

Minimum:
System: PC Android IOS (Chrome, Firefox, Safari >= 13)
Processor: 4 cores 1.4 GHz
Memory: 3 GB of RAM

Recommended, for optimal rendering :
System: PC Android IOS (Chrome, Firefox, Safari >= 14)
Processor: 4 cores 2 GHz
Memory: 4 GB RAM



1/ Access to the parent platform

The access is done through any updated browser at https://kidaia.com.
To use the application for the first time, you will need to :
Create an account using a login and password, configure your children’s accounts.
This platform will allow you to follow the progress of your children in real time.
Find all the practical information on the following link: bit.ly/kidaia_tutos ;
On this link, you will find tutorials on how to use the system, a start-up booklet, educational sheets and consent forms for parents.



2/ Access to the exercises

The activities are permanently available (24/7) on https://kidaia.com. using Google Chrome or Mozilla Firefox on Windows, Ubuntu and Android and using Safari on MacOs and iOs.


3/ Technical support

In case of a technical problem with the application, contact us by email at contact@kidaia.com.
Our teams will do their best to answer you and solve the incidents as soon as possible.


ARTICLE 2 – LICENSE OF USE

Access to this Platform grants you a non-exclusive, private and/or collective right to use it.

Your use of the Platform implies full acceptance of these Terms of service.

This use of the Platform may only be made free of charge and must be in pursuit of educational objectives. Any commercial use of the Platform and its contents is strictly forbidden.

All content published on the Platform, including but not limited to texts, photographs, illustrations, graphics, computer graphics, maps, videograms, music, icons and software, hereinafter referred to as “Content”, may constitute works within the meaning of Article L.112-1 et seq. of the French Intellectual Property Code or content protected by rights related to copyright within the meaning of Article L.211-1 et seq.

In application of article L. 122-4 of the Intellectual Property Code, any representation or reproduction in whole or in part without the consent of the author or his successors or assigns is unlawful. It is the same for the translation, adaptation or transformation, arrangement or reproduction by any art or process.

We also remind you that the violation of copyright constitutes an offence of counterfeiting punishable in France by three years imprisonment and a fine of 300,000 euros.

Similarly, the Code of Intellectual Property punishes with three years imprisonment and a fine of 300,000 euros any fixation, reproduction, communication or making available to the public, whether in return for payment or free of charge, or any broadcasting of a performance, a phonogram, a videogram or a program, without the authorization, when required, of the owner of the rights.

Consequently, you commit yourself to :

– not to reproduce on any medium, in particular printed and digital, the downloaded Contents only on the condition that the said copies of the Contents are strictly limited to a personal or collective educational use;

– not to represent, disseminate or network, in any form or by any means, the Content outside the Platform;
not to adapt, modify, move, alter or remove the Content outside of the aggregation, modification and personalization services offered by the Platform itself;

– not to alter, modify, move, remove or replace the names of the Platform’s Publishers and/or the authors of the Content or their assignees and/or any other information relating to the rights of the publishers and/or the authors of the Content or their assignees.



ARTICLE 3 – CONTENT CREATED AND/OR SHARED BY PLATFORM USERS

You are personally liable to both third parties and the Platform’s Publishers for non-compliance with the above stipulations and guarantee the latter against any disturbance, claims or actions that may result from such non-compliance.

The Platform Publishers may modify the features or Content of the Platform and restrict access to certain areas and may, in their sole discretion, suspend, discontinue or terminate access to all or any part of the Platform for any reason, including, without limitation, failure to comply with the Platform’s “Terms of Use”; without this being subject to any dispute of any kind. They do not guarantee that the Platform is without errors or that all imperfections will be corrected.



ARTICLE 4 – LIMITATION OF LIABILITY

You are solely responsible for any direct or indirect, material or immaterial damage or harm caused by, based on or originating from the use of the Platform by you or by any person authorized by you to use the Platform. By use, it should be understood any use of the Platform whatsoever, whether fraudulent or not.

As such, you waive any claim or legal action relating to such damages, on the basis of the contractual liability of the Platform’s Publishers or on any other basis.


Minors are allowed to access the Platform, provided that they have obtained prior permission from their parents (or legal guardian) to do so and to provide the information and email addresses by which any communication may be transmitted to them. Their registration implies that they have obtained such prior authorization, which is expressly required on the Platform at the time of registration.

The Platform Editor(s) reserves the right to request written proof of such authorization at any time, and to make any verifications, and to delete any personal account for which the minor holder does not provide such proof within five (5) days of the request, or within any other time period allowed to the minor. The Platform Provider(s) will immediately delete any personal account upon receipt of a parental request to close the personal account and delete the related content.

The Platform Provider(s) will use their best efforts to ensure that access to, and use of, the Platform is secure.

Consequently, the responsibility of the Publishers of the Platform cannot be engaged in the following cases:
Temporary interruptions for the update of certain files;

Difficulties of operation or momentary interruption of these services independently of the will of the Platform Editors, in particular in case of interruption of electricity or telecommunication services;

Temporary interruptions of services necessary for their evolution or maintenance; Failure or malfunction in the transmission of messages or documents.



ARTICLE 5 – APPLICATION OF FRENCH LAW

The rules applicable to the use of the Platform and to all the Content and information it contains are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.



ARTICLE 6 – PRICE, SUBSCRIPTION, CANCELLATION


You have access to Kidaia under different formulas, depending on the number of children you want to play.


For 1 child :
– monthly subscription of 7,99€ TTC
– quarterly subscription of 19,99€ TTC
– annual subscription of 63,99€ TTC

For 2 children :
– monthly subscription of 9,99€ TTC
– quarterly subscription of 23,99€ TTC
– annual subscription of 79,99€ TTC

For 3 children :
– monthly subscription of 11,99€ TTC
– quarterly subscription of 27,99€ TTC
– annual subscription of 94,99€ TTC

For 4 or 5 children :
– monthly subscription of 13,99€ TTC
– quarterly subscription of 33,99€ TTC
– annual subscription of 109,99€ TTC

For 6 or more children, please contact us to receive a personalized quote at contact@kidaia.com

Payment is made by credit card or direct debit. In the latter case, the customer must complete a direct debit mandate. All direct debits and recurring payments are then managed by the Stripe system. Stripe’s terms and conditions apply and must be accepted by the customer.
The Hologram Kit is optional, you will receive it for free if you select the Hologram Kit option when you subscribe. In France, it is received within 5 working days after you subscribe. Your recurring payment will then take place according to the periodicity chosen at the time of your subscription, i.e.: monthly, quarterly or annually, at the same date and you will have access to all Kidaia resources during this time. You will receive automatically at each recurring payment date your invoice on the email that was communicated during your registration.
Your subscription can be cancelled at any time and will take effect at the end of the period during which it is cancelled. Unsubscribe from your account: My profile – Cancel my subscription

ARTICLE 7 – ACCESS TO THE WEB APPLICATION

The registration of the order on the Application “Kidaia” is realized when the buyer accepts the present ToS by checking the box provided for this purpose and validates his order.
This validation implies the acceptance of the entirety of the present General Conditions of Use and Sale and constitutes a proof of the sale contract.
The User is informed that all the costs necessary for the equipment and the connection to Internet are at his expense. The User must be equipped with a smartphone, computer or tablet in order to benefit from all the functionalities.
The User declares that he/she is aware of the characteristics and limits of the Internet described below:

– That data transmissions on the Internet have only a relative technical reliability and that no one can guarantee the proper functioning of the Internet (eg: Google);

– That the Editor has taken important measures to secure access to the Application as an obligation of means, and guarantees the confidentiality of the content of each conversation;

– That the Internet is an open network and that the information transmitted by this means is not protected against the risks of detour, fraudulent, malicious or unauthorized intrusion into the User’s information system, hacking, alteration or unauthorized extraction of data, modifications, malicious alterations of programs or files or contamination by computer viruses. That it is therefore up to the User to take all appropriate measures to protect his own data and/or software stored on his servers from contamination by viruses as well as from attempts by third parties to intrude into his computer system via the access service.
As a consequence of the above, and in full knowledge of the characteristics of the Internet, the User waives the responsibility of the Publisher concerning one or more of the facts or events mentioned above, except if an obligation of means has not been respected.
The User acknowledges that he has been sufficiently informed about the computer requirements for accessing the Application and that the Services meet his needs.



ARTICLE 8 – RIGHT OF WITHDRAWAL

The customer has, in accordance with the legal provisions, a period of fourteen (14) days from the day after his acceptance of these GTS-GTU, to exercise his right of withdrawal, without having to justify his reasons, by returning the withdrawal form below either to
form below either by email to the following address: contact@kidaia.com.
Or by mail to the following address SAS VMPS Corporation 4 rue Serviez – 64000 PAU
The withdrawal period of fourteen (14) days, begins to run the day after the conclusion of the contract. If this period expires on a Saturday, Sunday or holiday, it is extended until the first following day.
In order for the withdrawal period to be observed, it is sufficient for the customer to send his notice of withdrawal before the expiration of the withdrawal period.

In the event of the Student’s withdrawal from this Agreement, the Provider shall refund all payments received within a maximum of fourteen (14) days, starting from the day on which the Provider is informed of the withdrawal from this Agreement.
WITHDRAWAL FORM
To the attention of SAS VMPS Corporation,
4 rue Serviez – 64000 PAU, service.client@profenpoche.com
I hereby notify you of my withdrawal from the contract for the sale of the service below:
Contract dated :
Name and first name of the Student :
Student’s address :
Signature of the Student and or the parent (in case of paper sending) :
Date and place:

In view of the delivery of the Holographic Kit within 5 working days, the customer who accepts the present ToS and waives his right of withdrawal.


ARTICLE 9 – REGISTRATION

The customer must fill in his personal information (e-mail, telephone, name, first name, address + first name of the children users) to be able to create an account on the site and define a password to have access to his personal account.
The registration is made directly by the User.
The requested information is mandatory for the Editor who undertakes to keep the data for its own use.
The account can only be used by the registered User. The access to the account is done by means of identifiers and passwords which are strictly personal and confidential. The User agrees to keep them secret and not to disclose them.
In case of loss or theft of the login or password, the User must notify the Publisher without delay. In case of fraudulent transmission of a student’s access to one or more other students, the Publisher reserves the right to suspend all the accounts concerned.



ARTICLE 10 – CONDITIONS OF MODIFICATION OF THE ToS

The present ToS can be consulted at any time from the website https://kidaia.com
The Site Editor reserves the right to modify them in order to ensure compliance with the law and current practices.

Therefore, the user is invited to regularly consult these ToS in order to be informed of the latest changes.

It is brought to the user’s attention that the last update of these ToS occurred on October 12, 2021.