Legal Terms and Conditions of Use

Here you can find the current legal data of both Kydemy and our services. Please read carefully the conditions of use and other recommendations to make proper use of our services and products.

LEGAL INFORMATION

The person responsible for processing the data we collect is KYDEMY S.L (hereinafter, 'Kydemy' or the 'Company' without distinction), a Spanish entity with CIF B42711507 and registered office at Calle José Segrelles 26, piso 3 puerta 7, 46529 - Canet d'en Berenguer, Valencia - Spain and registered in the Mercantile Registry of Valencia, Volume: 10916, Book: 8194, Folio: 25, Section: 8, Page: V-195896 Inscription: 1st.

You can contact the company through the following email: contacto@kydemy.com

GENERAL CONDITIONS

The purpose of these General Conditions is to regulate the conditions of access and license of use by the user of the website or the Kydemy mobile application (hereinafter, the 'Website') as well as the services offered through its complete online management software (hereinafter, the SaaS).

The mere use of the Kydemy Website and SaaS implies expressly accepting and knowing the legal warnings, conditions and terms of use contained therein without reservation.

Kydemy reserves, without prior notice, the right to modify or update, in whole or in part, these Conditions of Use.

Users are also subject to all those particular conditions, notices or instructions regulations that are brought to their knowledge, in relation to the specific content or services, which they contemplate with the provisions of these General Conditions as long as they do not oppose.

SERVICES AND CONTENT

Kydemy offers users several services under the formula 'Software as a Service' or SaaS (computer application rental system). This will allow the user to manage their administration and business activity in a more efficient way through access to different functionalities in an integrated way such as: Management of students, classes, teachers, schedules and attendance, creation of events, accounting and reports.
The aforementioned functionalities can be progressively expanded or modified in successive software updates.

Mobile Apps:Kydemy offers services for the design, development and computer maintenance of a Mobile App to businesses that will allow comprehensive management. For this, Kydemy will manage and obtain from the registered user, hereinafter the Client, all the licenses, permits and administrative authorizations necessary for the design, development and execution of the service. The development of App Mobile may be for IOS and ANDROID. The user authorizes Kydemy to use their distinctive signs, brands and / or any content necessary for the design and development of the service, over which they claim to hold intellectual property rights.

Online payments:Kydemy offers the Client the possibility of integrating with Stripe and Paypal payment gateways so that the Client can charge for the services and products offered to their clients easily, quickly and safely with a credit card through the platform.
The payments will never be transferred through Kydemy. The payment gateway will send it directly to the Client according to the corresponding terms of use agreement between the payment gateway and the Client.
Kydemy will only charge the Client 1% for each transaction for services for the aforementioned integration between the Client's payment gateway and Kydemy.

HIRING PROCESS FOR SAAS SERVICES

Kydemy offers a one-time trial of a demo version of the SaaS. For this, an online registration of the user is required, which is free of charge. If the Center wishes to continue using the services after the 15-day trial period has ended, a paid subscription will be required. In case of not wanting to continue, the Client must notify the cancellation before the end of the trial period.

Pricing

Kydemy has different types of management plans (Basic, Standard, Business) and different payment methods (monthly or annual) that can be consulted at: https://www.kydemy.com/en/pricing. All plans will include the corresponding price, including VAT and other applicable taxes.

Payment conditions

The Kydemy subscription will be paid monthly or annually (depending on the plan chosen by the customer) by credit card. When making the first payment of the Kydemy subscription, the following charges will be made automatically.

Referral program

Kydemy offers its clients to benefit from its referral program. The Customer will get a € 100 voucher to spend on Kydemy for each referred customer who uses Kydemy. The referral must subscribe to a payment plan: Basic, Standard or Enterprise. The amount of € 100 will be automatically deducted from the following installments. The referred client will enjoy a 10% discount on the subscription for 6 months. Customers in a trial period will not apply for this promotion.

Duration

The duration will be conditioned to the selected management plan and will be automatically renewed unless the Client notifies Kydemy of his intention not to renew his subscription at least seven (7) days prior to the issuance of the next invoice. This notification will be made by email and will be sent to the following address: contact@kydemy.com. If it occurs after said invoicing or within a period shorter than that indicated, the Client must pay the corresponding invoice, even if it does not intend to continue using the SaaS.

The cancellation of the service entails the cancellation of the user account and its inability to access the SaaS Services.

Once the services are terminated, Kydemy reserves the right to keep the Client's background duly blocked and the records related to the same interactions with the SaaS exclusively for the maximum legally permitted time necessary to attend to possible responsibilities that may legally result enforceable.

Maintenance fee

If the Client needs to cancel the subscription temporarily and for reasons of force majeure, he can do so by paying a maintenance fee of € 9 + VAT.This fee will allow the client to keep his platform and the data it contains until he decides to resume activity.

The maintenance fee can only be used continuously for a maximum period of 2 months.

Right of termination of the Service (Extinction)

Kydemy reserves the right to cancel and / or remove the service to any user after a written warning notice (including an email notice) if: (I) you breach any of these Terms or our Privacy Policy and Protection of Data, (II) we have a reasonable suspicion that you are engaged in malicious behavior, such as attempting to violate our Service, (III) you are causing damage to the Service or its other Users, (IV) your account remains inactive for a period of time of a month or more, or (V) your subscription expires and is not renewed within the 15-day period. In any of these cases, your right to use the Service will cease immediately.

INTELLECTUAL AND INDUSTRIAL PROPERTY AND USE LICENSE

These General Terms do not grant any intellectual or industrial property rights over this Website and / or Saas kydemy.com, nor over any of its comprising elements.The User is expressly forbidden from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding or using them in any way, through any means or procedure, barring cases when doing so is legally permitted or authorized by the owner of the aforementioned rights.

The user knows and accepts that the entire Website, containing without exhaustive character the text, software, contents (including structure, selection, arrangement and presentation of the same), photographs, audiovisual material and graphics, is protected by trademarks, copyright and other legitimate rights registered, in accordance with international treaties to which Spain is a party and other property rights and laws of Spain.

The Client is not allowed to make copies of the SaaS and services, nor can he use them for purposes other than those for which they are intended, without the prior written consent of Kydemy. The improper use, or for a purpose other than the one agreed upon, of any distinctive sign protected by the industrial or intellectual property rights of another of them, both nationally and internationally, will empower Kydemy to terminate the contract and request the corresponding compensation for damages.

License

Kydemy grants the Client a non-temporary software use license, conditional on payment of the price, non-exclusive, non-sublicensable and non-transferable, limited to the benefits of the contracted SaaS Services and without geographic limitation. Notwithstanding the foregoing, the publication service may have geographic or language limitations. The license will be automatically terminated in the event of non-payment of the price.

The Client acknowledges that all computer elements, source code, Web pages, applications, data models, images, designs, content, logos, brands and any other product that may be protected by virtue of the applicable legislation on Intellectual Property, Patents and Trademarks to which you have access by subscribing to the SaaS Services are the property of Kydemy and / or third party owners thereof.

The payment of the price does not constitute the purchase of the solutions used, nor of the titles, nor of the corresponding copyrights. The Client may not resell or commercialize in any way, in whole or in part, the SaaS Services provided by Kydemy subcontracting them to third parties, nor transfer to third parties the rights and obligations derived from the provision of the same.

Likewise, the Client may not perform acts of reverse engineering, decompile, disassemble or attempt to obtain the source code, nor decipher, modify or create derivative works of the SaaS or of any of its parts / computer elements that constitute the applications, being considered in such case, as a breach of the intellectual property rights of Kydemy and / or third parties.

Disclaimer of Warranty

The Company makes every effort to avoid any error in the content that may appear on the Kydemy Website and / or SaaS. However, it does not guarantee, nor is it responsible for the consequences that could arise from errors in the content that may appear in them, nor does it assume any responsibility derived from the veracity, completeness, accuracy, legality and / or reliability of the information published by the Client in it.
Therefore, the Client may not host, store, disclose, publish, distribute, make available or share through it any content or material - texts, brands, logos, links, files, photographs, etc. - (I) on which does not have or holds the right or consent or is not legitimized to reproduce, transmit, disseminate, distribute, make available to third parties; (II) that infringes or violates industrial or intellectual property rights or personal rights of third parties (including, but not limited to, copyrights, trademarks, patents, designs and industrial secrets); (III) is illegal, false, misleading or inaccurate, threatening, insulting, hostile, defamatory, libelous, fraudulent, invasive of privacy, obscene, vulgar, pornographic, offensive, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is inappropriate as determined by Kydemy in its sole discretion.

Kydemy has taken, within its capabilities and the current state of technology, all reasonable measures to ensure the proper functioning of the platforms. Notwithstanding the foregoing, at no time does it guarantee its suitability for a particular purpose or its satisfactory quality. Kydemy is not responsible or guarantees that access to it will be uninterrupted, free from error or cause any damage. By way of example, not limiting, in no case will the Company be responsible for losses, damages or damages of any kind in relation to the access and use of the Website and / or the SaaS derived from:

• those caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as possible security errors that may occur due to the use of outdated software versions or the consequences that may arise from the wrong operation of the Client's device;
• for improper use or violation of the conditions that Kydemy establishes on the use of the SaaS;
• of any action of the Client that could suppose a violation of any type of standard, national or international, of the rights of intellectual or industrial property or any other right of third parties, or of the Conditions of Use;
• of the contents, activities or statements that the Client disseminates or stores in the SaaS;
• of service interruptions, delays, errors, SaaS malfunctions and, in general, of any inconvenience arising from causes beyond the control of Kydemy or from actions or services of third parties outside of Kydemy and / or due to a Malicious or culpable action of other users or third parties - attack by hackers, crackers or other third parties to the security or integrity of the computer system -, and / or that have origin in causes of Force Majeure.

In the event of a claim by the Client for non-compliance and / or damages of any kind arising from the use of Kydemy, the Client accepts that Kydemy will respond up to the amount of the monthly fee paid by the Client for the period in which it had been produced the incident or caused the damage.

APPLICABLE LAW AND COMPETENT JURISDICTION

These Conditions will be governed and interpreted in accordance with Spanish legislation in that which is not expressly established.

For the resolution of any litigious question between Kydemy and the Client derived from the interpretation, execution or fulfillment of these conditions, the courts and tribunals of the city of Valencia will be competent, expressly waiving any other jurisdiction that may correspond.