Terms & Conditions

1. Introduction and General Provisions.

Welcome to the use of the services of Edukapi SpA, Tax Identification Number 77.840.622-5, domiciled for these purposes at Av. Juan XXlll 6699, Apartment 404, Building 2, Vitacura, Metropolitan Region (hereinafter, indistinctly, "Edukapi" or "We"). Edukapi SpA is the owner and operator of (i) the “edukapi” application that helps users solve questions in different educational 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 together with the Application and all the content provided through the latter, the "Platform").

This instrument describes the terms and conditions of use of the Platform and the Services —as defined below— (hereinafter, the "Terms and Conditions"), which are binding and enforceable, for all legal purposes, upon any person who makes use of the Services, the Platform, or accesses it as a User —as defined below—. Consequently, any person who uses the Services, the Platform, or accesses it as a User must first accept these Terms and Conditions and our Privacy Policy, and will be bound by their provisions. Anyone who does not accept the referred Terms and Conditions and Privacy Policy must refrain from using the Services and the Platform.

It is hereby expressly stated that, for all purposes, the manner in which the Platform is accessed or the Services are used will not condition the obligation to accept these Terms and Conditions. Thus, regardless of how the Platform is installed, accessed and/or used and/or the Services are used, whether through personal computers, mobile devices or otherwise, the rights and obligations contained in this instrument will be binding on both parties.

The Terms and Conditions described herein constitute a binding agreement between the User and Edukapi, which defines the rights and obligations of both parties in relation to the Platform and the offering and use of the Services, and expressly replace any prior agreement or commitment entered into between Edukapi and the User. For this reason, it is important that the User reads and understands the Terms and Conditions at the time of accepting them.

By downloading, installing, accessing, or using the Platform and/or Services, the User confirms that they have read and understood the Terms and Conditions and any other document mentioned herein, including, without limitation, our Privacy Policy, and that they agree to be bound by this agreement. Consequently, if they do not accept the Terms and Conditions, the User may not use, access, or register on the Platform or the Services, and must immediately uninstall and delete all copies of the Application that are part of the Service.

The use of the Platform and the Services, the application of these Terms and Conditions, and the acts and contracts that Edukapi concludes through the Platform, are subject to the laws of the Republic of Chile and in particular to Law No. 19.496, which establishes rules on the Protection of Consumer Rights, regardless of the place where the Services and/or the Platform are accessed.

By accepting these Terms and Conditions, the User’s access and use of the Platform and Services are regulated.

No person may use the Services through the Platform without having previously accepted these Terms and Conditions, and without having registered on the Platform through a user profile. The user profile will indicate their name, age, email address, and general Application preferences, and eventually a profile picture, if the User chooses to register through Google, Apple, or Facebook platforms where they are already logged in (hereinafter, the "Account" and the "User", respectively). Therefore, registration of the Account entails and requires prior knowledge and acceptance of the Terms and Conditions.

It is expressly noted that the Services, the Platform, and its content and interactions are suitable for children from 4 years of age and up. Edukapi aims to offer Services that promote personal growth, encourage self-learning, and in this pursuit, help develop new skills and tools that allow the correct resolution of study problems and questions. For this reason, it is designed to be an ideal complement for students of any age. However, it is expressly stated that, for contractual and legal purposes, and for the proper acceptance of these Terms and Conditions and the consequent use of the Platform and Services, minors under 18 years of age must use it through their legal representative —parents or legal guardian— in accordance with Article 43 of the Civil Code. Edukapi is not responsible for the submission of incorrect or false information on the Platform that seeks to circumvent the required age and obligations expressed in this paragraph. Edukapi is committed to protecting minors by offering access to the Services through an inclusive but safe Platform. Therefore, by accepting these Terms and Conditions, the User acknowledges that they have the legal capacity to register as such, or that they have the necessary authorizations or representation for its download, access, and use. If Edukapi becomes aware of any breach of this clause, it reserves the right to suspend the Services and cancel and deny access to the Platform until sufficient and legally enforceable capacity, authorizations, or representations are provided, with the burden on the User or their legal representative to prove the above. Therefore, any person who registers or creates an Account on the Platform indicating that they are under 18 years of age shall be deemed, for all purposes, to be acting through their authorized representative — parent or legal guardian— as the case may be.

Any new function or tool added to the Platform will also be subject to these Terms and Conditions. Likewise, in addition to these Terms and Conditions, the User agrees to comply with any supplementary policy, terms related to the Services, policies related to specific services (including, without limitation, any SDK “Software Development Kit” that may be made available with respect to the Service), as well as all other operating rules, policies, and procedures that may be published from time to time on the Services and/or the Platform, which are deemed, as of now, to be part of these Terms and Conditions.

Edukapi reserves the right to stop offering or deny access to the Platform or the Services to one or more Users either totally or partially if they infringe, in any way, the Terms and Conditions described. In case of such infringement, and considering that the Users are aware of the referred Terms and Conditions, they shall have no right to any claim, waiving all actions that may correspond to them.

Edukapi is a learning and problem-solving tool and must be used as such. Its unfair use or use to cheat on exams or assignments in no way represents Edukapi’s principles, values, or ideals, and such conduct is strongly rejected. This will only harm the User, preventing them from learning properly and developing all possible skills through the proper use of the Platform and Services.

These Terms and Conditions and the rights and obligations described herein under no circumstances constitute an employment relationship between Edukapi and the Users.

2. Modifications.

At any time and under any circumstances, and at its sole discretion, Edukapi may modify or amend these Terms and Conditions, as well as make changes to the Platform or Services offered, with respect to the latter, always seeking to improve their functionalities and ensuring better access and use for Users. Consequently, any new function or tool added to the Platform will also be subject to these Terms and Conditions and shall be deemed to form part thereof. In the case of direct modifications to these Terms and Conditions, Users will be notified at their registered email addresses, in addition to the updated version being kept available on the Platform, the official means through which such amendments will be communicated. It is the sole responsibility of the User to regularly review these Terms and Conditions, so any new updates will remain online and open to anyone wishing to access them. Consequently, any use and/or access through their Accounts to the Platform and/or the Services subsequent to such updates constitutes acceptance by the User of the new Terms and Conditions, without any objection of any kind.

Likewise, Edukapi reserves the right to immediately terminate these Terms and Conditions, as well as the Services and access to and use of the Platform.

3. Services.

Edukapi is an interactive personalized assistance platform that facilitates the development of problem-solving skills, improves critical thinking, and seeks to be a complement or support for students and parents of students in the learning process. Through artificial intelligence technology, the Platform allows Users to explore and deepen their knowledge in various academic subjects of interest (for example, but not limited to, mathematics, logic, natural sciences, scientific theories, among others) through textual, visual, and voice interactions with a virtual tutor called "Kapi," being an accessible space for curiosity and self-learning, according to different subscription plans for Users (hereinafter, the "Services").

Edukapi is not obligated to provide updates, upgrades, or related services. However, it may automatically update or upgrade the version of the Services that the User is using on their device, which the User accepts under these Terms and Conditions. In the event that the update is accompanied by a separate license different from Edukapi’s, in such case 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 to any person, geographic region, or jurisdiction, whenever, at its discretion and judgment, they are not being used properly by Users, undermining respect, honor, and Edukapi’s principles and values. Should such an event occur, Edukapi will notify Users whose accounts have been limited, suspended, or restricted via their contact email, without any compensation to those Users and without prejudice to any other legal actions available to Edukapi.

Furthermore, Edukapi is not obligated to maintain the Services nor to provide specific content through them, reserving the right to interrupt, suspend, or modify at any time the Services offered on the Platform, whether permanently or temporarily, without requiring Users’ consent or prior notice, without prejudice to any refunds that may correspond in such cases.

It is expressly stated that the termination of the Services, the limitation, suspension, restriction, or cancellation of a User’s Account, for any reason, shall in no case exempt the User (or former User) from responsibilities and obligations that may arise from their use of the Platform and/or the Services, which shall survive the termination of these Terms and Conditions.

4. Guarantee of Services.

Access to and use of the Services is at the User’s own risk, who through these Terms and Conditions understands and accepts that they are provided in the form already known to them.

Since the Services use artificial intelligence as their basis, Edukapi does not offer any guarantee for the completeness, accuracy, availability, timeliness, security, or reliability of the responses provided on the Platform. When using the Services, the predictive nature of the models employed must always be taken into account, which the User acknowledges at the time of contracting them and accepting these Terms and Conditions.

Edukapi does not guarantee that the Services will meet the User’s expectations; therefore, this may not be grounds for any claim or objection. Edukapi will make its best efforts to offer an accurate Service and provide the most personalized assistance and experience possible for the User. However, it is not possible to guarantee that all interactions on the Platform will deliver secure and error-free information. Therefore, no response provided by the Platform stating otherwise, in any form of communication, shall be deemed a guarantee unless expressly described in these Terms and Conditions.

Likewise, the Services may contain translations and transcriptions for better understanding by Users, for which Edukapi assumes no responsibility nor guarantees their accuracy, reliability, or adequacy. While reasonable efforts have been made to provide an accurate translation and transcription, it must be considered that no automatic translation or transcription is perfect, and these are intended solely as a feature for Users and are in no way intended to guarantee any right of use of the Services. For this reason, Edukapi notes that the official language of the Application and the Website is Spanish, which shall be considered the only authoritative version for all purposes. Any discrepancy or difference created in the translation or transcription shall not be binding, and Spanish shall always prevail as the reference language. Therefore, if the User has doubts or questions related to the accuracy of the information contained in the translated or transcribed Application or Website, they are advised to consult the Spanish version, which is considered the official version.

Acceptance of these Terms and Conditions releases Edukapi from any objection, claim, demand, or lawsuit regarding the accuracy of the results, responses, reasoning, explanations, resolutions, translations, transcriptions, and other similar outputs obtained from the use of the Platform and/or the Services, with the User waiving any legal action in this regard.

5. Chat Service (AI and Friends).

1. Scope: This clause governs messaging interactions within the Platform, whether with the virtual tutor "Kapi" or between Users through the "Friends" feature. The term "Chats" refers to both cases.
2. Code of Conduct: The User agrees to:
   1. Maintain respectful language strictly related to educational purposes.
   2. Refrain from disclosing or requesting personal data (address, phone, identity documents, passwords, banking information).
   3. Not send illicit, defamatory, violent, discriminatory, sexually explicit, spam, or malicious link content.
   4. Not impersonate others or promote plagiarism or academic cheating practices.
3. Moderation and Reports:
   1. Each message or conversation includes the option to "Report".
   2. Upon a report, authorized Edukapi staff may access the reported message and its immediate context to (i) verify the violation, (ii) document the incident, and (iii) apply appropriate measures.
   3. Possible measures: warning, temporary suspension, permanent Account cancellation, and/or device blocking.
   4. There is no maximum response time for a report.
   5. Edukapi’s decisions do not generate any right to compensation.
4. Specific Parental Consent: When the User declares to be under the applicable digital age, the activation of the "Friends" feature is subject to double verification: (i) validation of the User’s phone number and (ii) confirmation previously sent to the registered guardian’s email. The guardian may revoke this consent at any time from the Application or by writing to legal@edukapi.com; Edukapi will deactivate the feature and delete the associated data in accordance with section 17 of these Terms.
5. Access and Retention of Chats:
   1. Chats are visible only to their participants, unless subject to a report, support request, or legal requirement.
   2. Edukapi stores conversations while the Account remains active and for an additional period deemed necessary for security, audit, or defense against claims, without exceeding applicable legal limits.
6. Limitation of Liability:
   1. The content generated in Chats is the sole responsibility of the person who issues it.
   2. Edukapi does not guarantee the truthfulness or educational usefulness of messages between Users and will not be liable for damages arising from them; however, it will act with reasonable diligence to remove infringing content as soon as it becomes aware of it.
   3. The User releases Edukapi from all liability for losses or damages —including lost profits and moral damages— arising from interactions with other Users.
7. Additional Indemnity: The User agrees to indemnify and hold Edukapi, its directors, employees, and providers harmless from (i) any third-party claim based on Chat content or use of the "Friends" feature, (ii) penalties imposed by authorities due to breaches attributable to the User, and (iii) reasonable legal costs and fees incurred in defending such claims.
8. Unilateral Termination: Edukapi may, at its sole discretion and without prior notice, partially or completely deactivate Chats or delete messages when (i) necessary to preserve Platform security; (ii) required by law; or (iii) misuse contrary to these Rules of Conduct is detected.

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, who by creating their Account and accepting the Terms and Conditions, represents and warrants that they will use the Service within the legal framework and in compliance with applicable regulations. Therefore, the use of the Services is not authorized in any jurisdiction where the Service or any part thereof may violate its laws or regulations, and the User may not access or use the Platform or the Services in such jurisdictions.

To use the Platform as a User, the registration form must be completed, which will allow the creation of the Account, which the User may access with the personal password or access key they choose for this purpose. Once the Account has been created, the User will receive an email to the address they provided, confirming the subscription —whether free or paid— according to the plan chosen by the User.

The information requested for the Account, namely, full name, age, and email address (hereinafter, the "Personal Data") and general Application preferences, will be the only data requested from the User, the processing of which is referred to in our Privacy Policy. The information provided by the User must be accurate, precise, and true, being their sole responsibility in case of misuse of such information or the falsity of any statement therein. Edukapi shall not be responsible, in any case, for the provision of incorrect or false information entered on the Platform intended to circumvent the required age or any of the rights and obligations of these Terms and Conditions, and Edukapi may suspend the Services and cancel or deny access to the Platform in the event of any breach as described above. Consequently, the Personal Data entered by the User when registering their Account must be accurate, current, and truthful at all times. Edukapi is not responsible for the accuracy of such Personal Data, as they are provided by the User and are their sole and exclusive responsibility. In this sense, the User guarantees and is liable, in any case, for the truthfulness, accuracy, validity, and authenticity of their Personal Data. The Personal Data provided by the User will be kept in complete confidentiality by Edukapi, with the User retaining, at all times, the rights enshrined in Law No. 19.628 on the Protection of Privacy, as stated in clause 17 of these Terms and Conditions and in our Privacy Policy.

In any case, such Personal Data will be used to validate the User’s identity and to provide the Services in a personalized manner according to their interests and preferences, as an integrative process, allowing internal statistics to be generated to make the User’s interaction and experience on the Platform more effective and efficient. In no case will Personal Data be transferred to third parties, except when expressly authorized by the User, when required by law, or when the competent authority, by virtue of a court ruling or express order of the relevant supervisory authority, so indicates. On the other hand, Statistical Data, which, in accordance with Law No. 19.628 on the Protection of Privacy, cannot be associated with an identified or identifiable owner, either because Edukapi has carried out a data dissociation procedure or another similar mechanism, may be used for commercial purposes and brand and company valuation.

The Account is personal, unique, and non-transferable, and it is expressly prohibited for a User to lend, assign, or lease their account to third parties for any purpose. The User will be solely responsible for the care and proper use of their Account, as well as for keeping their access key protected.

Edukapi, at its sole discretion, may terminate the registration and/or Account of a specific User at any time, unilaterally, for violation of these Terms and Conditions.

Any cost incurred by a person for the creation of their Account, or by a User for accessing it, will be the sole responsibility of such person or User, and Edukapi will have no obligation or responsibility in this regard.

7. User Content.

By using the Services, the User will generate content based on the interactions carried out on the Platform, as well as on other social or informational networks where Edukapi maintains active accounts, such as Instagram, Facebook, TikTok, X, YouTube, Discord, and/or LinkedIn. "User Content" shall be understood as any content created or uploaded by the User to the Platform or to any of the aforementioned social or informational networks, such as texts, math or other subject problems, photographs, videos, images, files, data, questions, comments, suggestions, feedback, ideas, error reports, and any other information sent or automatically submitted.

User Content is not considered confidential information.

The User is solely responsible for the User Content, agreeing not to send or upload to the Platform any User Content that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal, or any User Content that infringes or violates the rights of another party (including, but not limited to, intellectual property rights and rights of privacy and publicity).

The User agrees that by uploading User Content to the Platform, they irrevocably grant Edukapi a license over all exclusive rights to said User Content, authorizing Edukapi to use and dispose of it at its discretion and for any purpose, whether to improve interaction with the User, feed the Service software, reproduce and generate new responses and content, market, distribute, transmit, publicly display, digitize, modify, create derivative works, incorporate into other works, and otherwise use and exploit it in any medium, existing or developed in the future, including, without limitation, websites, audio formats, and any printed media formats, among others. In this sense, the User permanently waives any claim and declaration of rights of use or benefit regarding the User Content, declaring that Edukapi may make any use of it for all legal purposes, without recognition or compensation of any kind to the User.

In this regard, the User guarantees that they have the necessary rights, licenses, and/or authorizations to generate and upload the User Content to the Platform, and that such Content, as well as Edukapi’s exercise of rights over it as described in the preceding paragraph, do not infringe or violate, under any circumstances, any intellectual property right or other rights of any third party, such as trademarks, copyrights, moral rights, publicity rights, among others. Likewise, the User declares that they hold all rights necessary for the reproduction, distribution, transmission, public performance, public display, and any other exploitation of the User Content, and that they have sufficient legal capacity to authorize its use by Edukapi. Thus, the User agrees to hold Edukapi harmless and compensate for any damage that may be caused due to any claim, demand, or action by third parties for acts committed by the User or for material or content uploaded by them in violation of the terms of this paragraph. Furthermore, any use Edukapi makes of the User Content under this clause and these Terms and Conditions shall be considered legitimate and in good faith, and if for any reason a third party claims rights over such uses or over the material or content itself, as applicable, the User shall assume Edukapi’s defense in the corresponding process, or act as a supporting party if applicable, and in any case, bear all expenses Edukapi may incur in its defense, and compensate all damages and losses caused by the User’s breach.

User Content may under no circumstances (hereinafter, the "Prohibited Content"):

• Be pornographic, obscene, slanderous, defamatory, tortious, harassing, or otherwise illegal.
• Promote racism, intolerance, hatred, or physical harm of any kind against any group or individual.
• Be “junk mail,” “chain letters,” or “spam.”
• Promote illegal activities or abusive, threatening, obscene, defamatory, or slanderous conduct.
• Be of a commercial nature without the corresponding authorizations.

Edukapi has no responsibility for the conduct of any User in the use of the Services, including any User Content submitted or uploaded to the Platform. Any User who views or finds on the Platform any content that, in their judgment and in good faith, they consider offensive, hateful, harassing, or qualifying as Prohibited Content, may notify us atcontact@edukapi.com.

8. Platform and Terms of Use.

The Services and use of the Platform may only be used for legal purposes in accordance with these Terms and Conditions. The User is solely responsible for the knowledge and compliance with any and all laws, rules, and regulations pertaining to their use of the Services and the Platform, including but not limited to those related to personal data protection, copyright, and intellectual property.

The User agrees to use the Services and the Platform in accordance with the uses permitted in these Terms and Conditions and assumes responsibility for their actions when using the Services and the Platform. In particular, but without limitation, the User agrees not to:

• Use the Platform or the Services for any unlawful, illegal, or unauthorized purpose.
• Copy, modify, adapt, translate, or reverse-engineer any part of the Platform or the Services.
• Use automated systems or software to extract data from the Platform (screen scraping, bots, crawlers, etc.).
• Disrupt or interfere with the security, integrity, or performance of the Platform or Services.
• Introduce viruses, malware, or any other malicious code.
• Attempt to gain unauthorized access to any part of the Platform or its related systems or networks.
• Resell, lease, sublicense, or otherwise exploit the Platform or the Services for commercial purposes not authorized by Edukapi.
• Use the Platform to send unsolicited messages or spam.
• Infringe intellectual property rights or any other rights of third parties when using the Platform.

Edukapi reserves the right, at its sole discretion, to suspend or terminate the Account of any User who violates these rules of use, as well as to take any legal action deemed necessary. The User acknowledges that any violation of this section may result in civil and/or criminal liability.

Edukapi may, at its sole discretion, introduce and implement measures to prevent unauthorized use of the Platform and the Services, including, but not limited to, technological restrictions, monitoring, and reporting mechanisms.

9. Subscriptions and Payment.

Edukapi offers both free and paid subscription plans for the use of its Services. The scope of access, functionalities, and limitations of each plan will be indicated on the Platform at the time of contracting. By selecting a paid plan, the User agrees to pay the fees established by Edukapi in accordance with the payment terms indicated at the time of contracting.

Payments for subscription plans will be processed through third-party platforms authorized by Edukapi (such as App Store, Google Play, or others enabled at any given time). The User accepts that Edukapi is not responsible for errors, surcharges, or issues derived from the operation of such platforms, whose terms and conditions shall additionally apply.

The subscription will be automatically renewed for the same period unless the User cancels it at least 24 hours prior to the end of the current billing cycle, in accordance with the conditions of the third-party platform used for payment. By not canceling within the indicated period, the User authorizes Edukapi and/or the corresponding platform to charge the fee for the next cycle.

All payments made are non-refundable, unless otherwise expressly indicated by Edukapi or unless otherwise provided by law. In cases where Edukapi determines the right to a refund, it will be processed through the same payment method used by the User.

Edukapi reserves the right to modify the price of subscriptions at any time, ensuring that such changes are communicated to the User in advance through the Platform or by email. The new rates will apply starting from the next billing cycle, and the User will have the right to cancel the subscription if they do not agree with the new conditions.

It is the User’s responsibility to ensure that their payment information is accurate, valid, and up to date. Edukapi shall not be liable for the suspension or interruption of Services resulting from payment failures attributable to the User.

10. Typographical or Translation Errors.

a. Typographical Errors

In the event that any of the plans offered to access the Services appears with an incorrect price or with incorrect information directly due to a typographical error, Edukapi shall have the right to refuse or cancel any paid subscription of the plan listed with the incorrect price. In this way, Edukapi reserves the right to deny or cancel such subscriptions, whether or not the payment order has been confirmed and charged to the User’s bank account. In the event that the purchase has been charged to their bank account and their order is canceled for the reasons described in this paragraph, the corresponding credit note will be issued immediately with the respective amount, in order to make the pertinent refund.

b. Translation Errors

Edukapi SpA provides translations of the service, content, and policies using the Google Translate API with the aim of facilitating the customization of the platform in different languages. However, Edukapi SpA is not responsible for the accuracy, completeness, or reliability of such translations, as they are automatically generated and are for informational purposes only, without binding effect. In case of discrepancies or differences between the translated version and the original version in Spanish, the Spanish version shall always prevail. We do not offer any warranties, express or implied, regarding the suitability of the translations for any particular purpose. Users are responsible for consulting the original content in Spanish to verify the accuracy of the information and to 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 only while they appear in it, unless a specific promotion is indicated for a determined period of time. Edukapi may modify any information contained on this site, including that related to services, prices, stock, and conditions, at any time and without prior notice, until a purchase is confirmed.

Promotional prices are valid only under the conditions indicated on the Platform and for as long as they appear published. Such promotions are not cumulative with other offers unless expressly indicated otherwise.

12. Liability.

Edukapi shall not be liable in any way for the improper use of the Services or the Platform by the User. Likewise, Edukapi does not guarantee continuous and uninterrupted access to the Platform and Services, as they may be affected by technical issues or Internet failures, or by any other circumstance beyond Edukapi’s control. In such cases, efforts will be made to restore access and functionality as quickly as possible, without generating any type of liability for Edukapi.

Edukapi shall not be responsible for any damages, losses, or harm of any kind caused by failures in the system, the server, the Internet, or arising from third-party actions. Users shall not hold Edukapi liable or demand payment for lost profits, direct or indirect damages, or moral damages, resulting from difficulties in using the Platform or Services.

Edukapi does not guarantee the absence of viruses or other harmful elements that may cause alterations in the User’s computer systems, electronic documents, or files, excluding all liability for damages that may result from such causes.

Edukapi’s liability, in any case and to the fullest extent permitted by law, shall be limited to the amount effectively paid by the User for the Services that gave rise to the claim. In the event that the User uses the Services free of charge, Edukapi shall not assume any liability.

The User expressly acknowledges and accepts that the use of the Platform and the Services is at their own risk and responsibility.

13. Intellectual and Industrial Property.

All intellectual and industrial property rights over the Platform, the Application, the Website, the Services, and their content, including but not limited to text, software, source code, graphics, trademarks, logos, databases, trade names, and any other material, whether registered or not, are the exclusive property of Edukapi or third parties who have authorized Edukapi to use them.

The User does not acquire any intellectual or industrial property rights by the mere use of the Platform or the Services, and such use is limited to what is expressly authorized in these Terms and Conditions. Any reproduction, distribution, transformation, public communication, or any other act of exploitation not expressly authorized by Edukapi is strictly prohibited.

The User undertakes not to remove, alter, or manipulate any protective device or security system installed on the Platform, the Application, the Website, or the Services. Likewise, they agree not to use Edukapi’s name, logos, or trademarks without prior written authorization from Edukapi.

In the event that the User submits comments, suggestions, ideas, or proposals related to the improvement of the Platform or the Services ("Contributions"), the User acknowledges and accepts that such Contributions may be freely used by Edukapi without any compensation or recognition to the User, and without generating any rights for the User over them.

14. Third-Party Services and Links.

The Platform may contain links to websites, applications, or services owned and operated by third parties. The inclusion of such links does not imply any relationship, recommendation, supervision, or endorsement by Edukapi of such websites, applications, or services.

Edukapi has no control over such third-party sites and is not responsible for their content, privacy policies, practices, or availability. The User accesses and uses such third-party services at their own risk and responsibility.

The User acknowledges and agrees that Edukapi shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website, application, or service.

The User is advised to carefully read the terms and conditions and privacy policies of any third-party website, application, or service they access through the Platform.

15. Security of the Platform.

Edukapi makes its best efforts to keep the Platform free of viruses, malicious software, and any other harmful digital elements. However, Edukapi cannot guarantee the absolute absence of such elements and, therefore, does not assume responsibility for damages that may arise from them.

The User undertakes to use appropriate protection tools on their devices, such as antivirus and firewalls, to prevent any damage that may result from browsing or using the Platform and the Services.

Any attempt by the User to damage, interfere with, or alter the proper functioning of the Platform, the Services, the databases, or the security systems shall be considered a violation of these Terms and Conditions and may give rise to the suspension or cancellation of the User’s Account, without prejudice to any applicable civil and criminal liabilities.

16. Privacy and Personal Data Protection.

Edukapi is committed to protecting the privacy of its Users and to safeguarding their personal data in accordance with Law No. 19.628 on the Protection of Privacy and other applicable legislation in the Republic of Chile.

The collection, storage, and processing of the User’s personal data will be carried out exclusively for the purposes of providing the Services, improving the Platform, personalizing the User’s experience, generating internal statistics, and complying with legal obligations.

Edukapi will not share or transfer the User’s personal data to third parties without their prior consent, except in cases expressly authorized by law, by judicial order, or by express requirement of the competent authority.

The User, as the owner of their personal data, may exercise the rights of access, rectification, cancellation, and opposition (ARCO rights) recognized in Law No. 19.628, by sending a request to the emaillegal@edukapi.com.

By accepting these Terms and Conditions, the User expressly authorizes Edukapi to process their personal data for the purposes indicated above.

For more details about the processing of personal data, the User should carefully read Edukapi’s Privacy Policy, which is an integral part of these Terms and Conditions.

17. Termination.

Edukapi may, at its sole discretion, suspend or terminate the User’s Account and access to the Services and/or the Platform, in whole or in part, at any time and without prior notice, if it determines that the User has violated these Terms and Conditions, the Privacy Policy, or any applicable law or regulation.

Upon termination of the Account, the User’s right to access and use the Services and the Platform shall immediately cease. In such cases, Edukapi may, without prior notice, deactivate or delete the User’s Account and all related information and files, without generating any liability to the User or third parties.

The User may terminate their Account at any time by requesting deletion through the Platform or by contacting Edukapi atlegal@edukapi.com. In such cases, Edukapi will proceed with the closure of the Account and the deletion of the User’s personal data in accordance with the terms established in the Privacy Policy and applicable regulations.

Termination of the Account, whether voluntary or imposed by Edukapi, shall not exempt the User from complying with any obligations that may have arisen prior to termination, including, without limitation, payment obligations or liabilities for damages caused.

18. Notifications.

All notifications, communications, or requirements that Edukapi must make to Users in relation to the Platform, the Services, these Terms and Conditions, or the Privacy Policy, will be made through the Platform itself or to the email address registered by the User in their Account.

Notifications sent to the email address registered by the User will be considered valid and fully effective from the moment they are sent, regardless of whether the User has read them.

Users may contact Edukapi for inquiries, claims, or requests through the following email address:contact@edukapi.com.

19. Jurisdiction and Applicable Law.

These Terms and Conditions, as well as any relationship between the User and Edukapi arising from the use of the Platform or the Services, shall be governed and interpreted in accordance with the laws of the Republic of Chile.

For all legal purposes, the parties establish their domicile in the city of Santiago, Metropolitan Region, and submit to the jurisdiction of its Ordinary Courts of Justice.

In the event of any conflict, discrepancy, or claim arising from the interpretation, validity, execution, or termination of these Terms and Conditions, the parties shall first seek to resolve the dispute amicably. If no agreement is reached within a reasonable period, the matter shall be submitted to the competent courts of Santiago, Chile.

20. Contact Information.

For any questions, requests, or communications related to these Terms and Conditions, the Privacy Policy, the Platform, or the Services, Users may contact Edukapi through the following channels:

• Email:contact@edukapi.com
• Legal matters:legal@edukapi.com
• Address: Av. Juan XXlll 6699, Apartment 404, Building 2, Vitacura, Metropolitan Region, Santiago, Chile.

Edukapi will make its best efforts to respond to communications within a reasonable timeframe, depending on the nature of the request or inquiry.

21. Domicile 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 used or accessed.

For all legal purposes, Edukapi and the Users establish their domicile in the commune 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 established in these Terms and Conditions without Edukapi’s prior written consent.

For its part, Edukapi may assign, without the need for Users’ prior consent, the rights and obligations arising from these Terms and Conditions to any entity within its corporate group, its parent company, related parties, as well as to any person or entity that succeeds it in the exercise of its business, under any title or capacity.

23. Notifications and Contact.

Users who use the Platform may choose whether or not to receive notifications from Edukapi, as indicated at the time of creating and configuring their respective Accounts.

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

Likewise, Users who wish to contact the Platform, whether for changes, complaints, suggestions, or questions regarding its use, the Services, or any doubts about the Terms and Conditions or the Privacy Policies, may do so through the following contact email:legal@edukapi.com.