Terms of Service
Please read these Terms of Service ("Terms of Service") carefully before using Piloto.Inc's services. By using the Company's Services, as defined below, you agree to be bound by these Terms of Service and any modifications thereto and represent that you are at least 18 years of age. If you are under the age of 18, your parent, legal guardian, or authorized school official must read and accept these Terms on your behalf.
Piloto provides a smartphone usage education app for children under the age of 7. The Company's Services include mobile applications, websites, and other resources that the Company makes available from time to time in connection with the Services.
1.
General conditions and license
1.1 This Agreement
1.1.1 Overview
The terms of service in this Agreement govern the relationship between you and Piloto Inc. regarding your use of Piloto's mobile applications, educational content, games, related workbooks, and other related services and websites (together, the "Services"). We refer to you as a parent, legal guardian, or authorized school official, as an educational setting or implementing partner, and as the child or student whom we have authorized to access the Services. An educational setting or implementing partner may include, but is not limited to, a non-governmental organization, non-profit organization, foundation, government agency, United Nations agency, or research organization whose purpose is to provide educational or support services to children. The Company Services include, but are not limited to, the application <Taki> and the website <Piloto.kr>. If you are a parent or legal guardian and you allow your child to use the Services, you agree to these Terms of Service.If you are an educator or an official of a school, educational setting, or implementation partner and you allow your students to use these Services, you agree that (i) you are authorized to do so and (ii) you will comply with these Terms of Service. You agree to these Terms of Service in accordance with the Family Educational Rights and Privacy Act (FERPA) (if applicable) and other applicable data privacy regulations.
1.1.2 Terms of Service and Privacy Policy
By using our Services, you: (1) agree to be bound by these Terms of Service and Conditions; (2) agree to our Privacy Policy, which is incorporated herein by reference; and (3) agree to be bound by other policies and legal notices that may be posted on our website from time to time. The legally binding Terms of Service in this document describe your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to this "Agreement" (consisting of these Terms of Service and our Privacy Policy), you must not use our Services. You may use the Services only if you agree to comply with all applicable laws and this Agreement. We encourage you to review our Privacy Policy and raise any related questions with us.
1.1.3 Eligibility to Accept Terms of Service
If you are under the age of 18, you must have a parent, legal guardian, or authorized school, educational setting, or implementation partner official to accept these Terms of Service. Parents may only sign up for a Parent Account for their child(ren). Parents confirm that they have legal parental or guardianship authority to consent to their child's use of the Services where consent is required. Officials of a school, educational institution, or implementing partner confirm that they have the legal authority to consent to the use of the Services associated with a student's account where consent is required. Parent and authorized school, educational institution, or Implementing Partner officials confirm that they have read and accepted these Terms of Service and Privacy Policy and have the ability and authority to enter into the terms, conditions, obligations, affirmations, representations, and warranties of the Services. set forth in this Agreement. Parents, legal guardians, and authorized school, educational setting, or implementation partner officials agree to be bound by this Agreement.
1.1.4 Consent to Electronic Communications
Your registration and use of the Services constitutes your consent to receive electronic communications from Phyllotto and our subscription providers in connection with your account. You agree that such communications from Philoto or our subscription providers will satisfy any legal requirements, such as notices provided to you in writing. You also agree to receive promotional messages, offers, surveys and solicitations electronically. If you no longer wish to receive non-transactional communications, you may unsubscribe at any time by using the link at the bottom of any electronic communication.
1.2 Creating an Account
1.2.1 Overview.
When creating or updating a Parent or School Account, you will be asked to provide certain personal information to Philoto, which may include your name and email address, school or educational setting account, organization name, city and country location. This information will be held and used in accordance with our Privacy Policy. You agree to provide true, accurate, and complete information to Philoto and to update that information promptly after it changes.
1.2.2 Subscriptions
Some of our Services may be offered as one-time subscriptions or monthly recurring subscriptions through mobile application stores or other third-party online distributors (app stores and third-party distributors together are referred to as "Subscription Providers" and subscriptions purchased through a Subscription Provider are referred to as "Third Party Subscriptions").If you choose to purchase a Third Party Subscription, you expressly agree to authorize our Subscription Provider to charge you the fees associated with the service you select (the "Service Fees"). Purchases made through a Subscription Provider are subject to that Subscription Provider's terms and conditions. All inquiries regarding third-party subscriptions should be directed to the Subscription Provider. If you have a dispute with a Subscription Provider, you resolve that dispute at your own risk.You acknowledge that certain credit cards, payment by check, or other Piloto-approved payment methods are available, and you warrant that all information you submit to us, the Subscription Provider, or any third party designated by us is true, correct, and accurate (including, without limitation, your credit card number and expiration date).You agree to pay all fees incurred by you, including any applicable sales taxes, and you are responsible for paying the service fees associated with the Services you choose to purchase.
1.2.3 Refunds
If you used a mobile application store or third-party subscription service, you should contact the mobile application store and third-party subscription provider for their refund policies. Refunds for users of memberships offered directly by the Company are subject to the terms of payment for the paid service.
1.2.4 Free Trials or Free Access
Free trials or free access to our Services are still subject to these Terms of Service.
1.3 Limited License for Personal or Non-Commercial Use
1.3.1 License
Piloto grants you a non-exclusive, non-transferable, revocable, limited license, subject to the restrictions in Section 1, to access and use the Services for your internal, personal and non-commercial purposes. You may not transfer your account to another person without our prior written approval. This license is granted subject to the following restrictions.
•
If you are under the age of 18, you may not create a parent or school account.
•
You may not use a false identity or information or create an account on behalf of anyone other than yourself, your school or educational institution.
•
You are responsible for maintaining the confidentiality of your password and information for this account.
•
You are solely responsible for the activities that occur under your account and must notify us immediately of any unauthorized use of your account.
•
You will not use the Services for any commercial or political purposes.
•
You are responsible for obtaining and maintaining any equipment or ancillary services necessary to connect to, access, or use the Services, including, but not limited to, hardware, software, or internet service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
1.3.2 License Restrictions
Any use of the Service that violates these license restrictions is strictly prohibited and may result in the immediate revocation of the limited license granted by these Terms of Service and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services, including undermining or tampering with the legitimate operation of the Piloto Services, is a violation of Piloto policy and may violate criminal and civil laws.You agree that under no circumstances will you do any of the following
•
Do anything that Piloto deems to be in conflict with the spirit or intent of the Service, including, without limitation, circumventing or manipulating these Terms of Service
•
knowingly or unknowingly use or facilitate the use of the Services in connection with any violation of any applicable law or regulation
•
interfere or attempt to interfere with the proper working of the Service or connect to or use the Service in any manner not expressly permitted by these Terms of Service
•
Violate the security of any computer network or decipher any security encryption code
•
Except as permitted by law, reverse engineer, decompile, disassemble, decipher or otherwise attempt to decipher the source code of any underlying software or other intellectual property used to provide the Services, or attempt to obtain information from the Services using any method not expressly authorized by Piloto.
•
Copy, modify, or distribute any rights or content from the Service or any of Philoto's copyrights or trademarks, or use any method of copying or distributing Service content, except as specifically permitted in these Terms of Service;
•
use any meta tags or any other "hidden text" utilizing our trademarks or otherwise; or
•
Use automated methods (such as scripts, robot scrapers, or spiders) to access or collect information from any Service.
1.4 Suspension and Termination of Accounts and Services
Without limiting our other remedies, Philoto may restrict, suspend, terminate, modify or delete your account or access to the Services or any part thereof, with or without notice to you, if you fail to comply with the Terms of Service or engage in (or Philoto suspects that you are engaging in) any actual or suspected unlawful or inappropriate use of the Services. Any such breach will not affect your obligations to us (including your payment obligations to us) and you will not be entitled to a refund of any fees paid by you. Account termination may include disabling your access to the Service. You may cancel or delete your registered account at any time by sending an email to support@piloto.kr.
1.5 Ownership
1.5.1 App and Services
The Services are protected by copyright, trademark, and other intellectual property laws of the United States or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or display of all text, graphic images, music, sound sampling, and other protected material. Violations of applicable intellectual property laws may result in civil or criminal penalties. Piloto reserves all rights, including but not limited to all intellectual property or other proprietary rights, in and to the Service, except to the extent attributable to third parties. You acknowledge and agree that nothing in these Terms of Service will have the effect of transferring any of your copyright, trademark, service mark, trade name, moral rights or other proprietary rights. You promise not to do any act or thing that is inconsistent with such titles or likely to prejudice such titles in any way.
1.5.2 Parent and School, Educational Setting, or Implementation Partner Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other proprietary interest in the Account, and further acknowledge and agree that all rights in and to the Account will be owned and maintained forever for the benefit of Piloto; provided, however, that any personally identifiable Student Data collected within the Teacher or Administrator Dashboard will be anonymized a reasonable period of time after the end of the Account Term. In general, accounts created on Piloto are considered active until we receive a request to cancel or delete them, or a reasonable period of time after the end of your subscription period for the Services. We also reserve the right to terminate accounts that have not been accessed for 180 days.
1.6 Customer Service
For customer service inquiries regarding our Services, you may go to our website and use our Help Center FAQs. If you are unable to resolve your question after reviewing the FAQs, please contact us at support@piloto.kr. Customer service issues related to subscriptions purchased through a subscription provider may be directed to the subscription provider.
2. Updates to the Service
We are constantly adding learning content and games and improving the Services, so the Services will change over time. We may suspend or discontinue portions of the Services, introduce new features, impose limits on certain features, or restrict access to portions of the Services. We will endeavor to notify you when we make material changes to the Services that may adversely affect you, such as by posting on our website, messages through our Services, or email messages, but this may not always be possible. Piloto may require you to accept updates to the Services that you have installed on your mobile device. You acknowledge and agree that Philoto may update the Services with or without notice to you.
3. Disclaimers
3.1 Disclaimer of Warranties
the service and all content and games contained therein are distributed and transmitted "as is" and "as available" without warranty of any kind, either express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, non-infringement, or that use of the service will be uninterrupted or error-free. Piloto makes the Services available to you on the assumption that the settings and specifications of your device are in the usual condition as warranted by the manufacturer. We will not be liable for any infection or contagion of your system, or for any delays, inaccuracies, errors or omissions arising from your use of these services or in connection with the information and materials contained in these services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of all materials is with you.
3.2 Limitation of Liability
to the maximum extent permitted by applicable law, Piloto and its officers, directors, employees, agents and third party providers to the services shall not be liable for any damages of any kind, including compensatory, indirect, incidental, special or similar damages, that may result from the use of, or the inability to use, the materials contained in the services provided by Piloto or any third party. notwithstanding the foregoing, in no event shall Piloto's liability for all claims, damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount you paid to access the services.
3.3 Indemnification
You will indemnify Piloto from and against all losses, damages (actual and consequential), costs and expenses (including attorneys' fees), arising out of or in connection with your use of the Service or your breach of these Terms of Service. You agree that the provisions of this paragraph will survive any termination of your account or service.
4. Dispute resolution
4.1 General
You and Piloto agree to resolve any claim or controversy in law or equity arising out of this Agreement or the Services ("Litigation") in accordance with Section 4 or as otherwise agreed to in writing by Piloto and you. We will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or arbitration, as an alternative to litigation.
4.2 Choice of Law
This Agreement will be treated as executed and performed in Seoul, South Korea. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
4.3 Arbitration
Any legal controversy or claim arising out of or relating to this Agreement or the Services (other than any legal action taken by us or you to collect or recover damages for intellectual property rights or infringement) shall be resolved solely by confidential, binding arbitration in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Any such controversy or claim shall be arbitrated separately and shall not be consolidated in any arbitration involving any other party's claim or controversy. The arbitration will take place in Seoul, South Korea. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys' fees.Notwithstanding the foregoing obligation to arbitrate disputes, either party shall have the right to seek injunctive or other equitable relief at any time in a court of competent jurisdiction. The language of this Agreement shall be construed in its proper sense and shall not be construed strictly against or in favor of any party. Rules of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
5. Severability
You and Philoto agree that if any part of this Agreement is found to be illegal or unenforceable, in whole or in part, by an arbitrator or court of competent jurisdiction, it shall not affect the remaining provisions of the Agreement, which shall continue in full force and effect in any other manner or jurisdiction, and that such provision as to such jurisdiction shall be ineffective only to the extent of such determination.
6. General provisions
6.1 Assignment
You may not assign or delegate any of your rights or obligations under the Terms of Service or Privacy Policy without Piloto's prior written consent, and any unauthorized assignment or delegation by you will be null and void and of no effect.
6.2 Agreement
These Terms of Service contain the entire understanding between you and Philoto and supersede all prior understandings, whether electronic, oral or written, whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
6.3 Headings
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
6.4 Notices
We may give you notices by posting them on piloto.kr or by email or messaging in our Applications. All notices given by you or required of you under these Terms of Service must be in writing and sent to support@piloto.kr으로. Any notice given without complying with this section on notices will have no legal effect.
