User Terms and Conditions
Kred Education, Inc. (“Kred”)

Last Updated: June 20, 2020

Background

These User Terms and Conditions (these “Terms”) sets forth the legally binding terms between Kred Education, Inc. (the “Company”, “Kred,” “us,” or “we”) and its Users (“Customers”), as well as their access to and use of our multi-platform Kred platform (“Kred Platform”) that enables Customers of the Kred mobile application (the “App“) to acquire and redeem Kred Points with their compatible mobile device.

By checking the box “I AGREE” or by accessing or using the website located at https://www.kredapp.com/ (“Website”) in any way, downloading, installing or using the App or any other software supplied by Kred (collectively, with the App, the “Software”), accessing or using any information, services, features or resources available or enabled via the Website or Software (each, a “Service” and collectively, the “Services”)), you agree, effective as of such date (the “Effective Date”) to be bound by these Terms. Together, the Website, the App, the Services, and the Software constitute the “Kred Platform”). You also agree to our Anti-Money Laundering / Sanctions (“AML / Policy”) Policy, which is incorporated by this reference, and consent to the practices concerning data collection, transmission and use set forth therein. You are only authorized to use the App if you agree to abide by all applicable laws and this agreement. If you do not agree with these Terms, you should not install the App or should discontinue its use immediately. These Terms create a binding legal agreement between you and Kred, and include an arbitration clause under which certain claims may not be brought in court or decided by a jury. Please read them carefully.

We may, without prior notice or liability to the Customer, modify the Kred Platform by adding or removing features and functionalities. We may also revise these Terms from time to time in our sole discretion, subject to Applicable Laws (as defined below). When we revise these Terms, we will notify the Customer via email, the Kred Platform, our website, or any other method we deem to be reasonable in the circumstances. Except as otherwise expressly stated by us, all changes to these Terms are effective immediately and apply to Customer’s access to and use of the Kred Platform. Customers are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for a Customer to continue accessing or using the Kred Platform. If a Customer does not agree to these Terms or any revised version of these Terms, its sole recourse is to terminate its access to or use of the Kred Platform. Except as otherwise expressly stated by us, Customer’s access to and use of the Kred Platform are subject to, and constitute its acceptance of, the version of these Terms in effect at the time of Customer’s access or use. For purposes of these Terms, “Applicable Law” means any law, rule, regulation, ordinance, code, or order to which a Customer may be subject or under which a Customer may exercise rights.

Accounts

There are 3 types of accounts available on the platform:

Student account – can only receive Kreds (from Parent accounts) or Points (from Teacher/School accounts) and redeem for items in the Kred Rewards Catalog or School Rewards Catalog. Student accounts can also pick and track skills.

Parent/Caretaker account – which can buy Kreds, give Kreds to linked Student Accounts but cannot redeem points in a catalog. Parent accounts can suggest skills and adjust tracking of skills as needed.

Teacher/School account – which can buy Points, give Points to linked Student Accounts associated with the school but cannot redeem points in a catalog. Teacher/School accounts can suggest skills and view the tracking.

Kreds and Points

Kreds are the reward units purchased by a parent/caretaker in the Kred Rewards to reward to a linked Student. The Student can then use Kreds to redeem items in the Kred Rewards Catalog. Points are the reward units provided to a teacher/school under a school agreement that can be rewarded to a Student. The Student can then use the Points to redeem items in a catalog created by the teacher/school available to the Student in the Kred Rewards.The following establishes the different characteristics of Kreds and Points.

Kreds
Maximum Cap for Student accounts linked to Parent accounts: $12,000 USD
Expiration: None

Points
School Year Allocation: All Points given during the school year (Aug – Jun) expire on Jun 30th of the end of the school year.
Summer Allocation: All Points given between Jun 30 – August 1 remain until the Teacher removes the Points.
24 months after the last transaction received by the Kred Rewards.

Kreds and Points

Kred may grant you credit toward purchases as set out in these terms in the form of Kred credit (“Kreds”) or Points. Kreds are credits toward eligible purchases in a particular dollar amount that is associated with a unique Kred customer account. From time to time, Kred may also issue Kreds or Points to you for other purposes (for example, to refund a purchase that you have made). Points have no associated dollar amount.

Contest/Competitions

From time to time, Kred may run contests or competitions (“Contests”). Those Contests will be subject to these Terms, as well as rules specific to each Contest (“Contest Rules”). The Contest Rules may specify other eligibility rules.

For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.

Student Account Eligibility

For use of our Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.

You are granted the revocable, non-transferable right and license to use the Services, including content and games accessed through the Services, for your private, non-commercial use. These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:
You shall not create an account or access the Services without the express consent of a parent, legal guardian, or authorized school official if you are under the age of 13;
You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall use your account only for non-commercial purposes;
You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
You shall not use your account to engage in any illegal conduct.

Parent, Guardian and Teacher Customer Registration and Representations

In order for a Parent, Guardian or Teacher to use Kred Rewards to initiate transactions and/or engage in any rewards programs provided by Kred, you must first register with Kred Rewards, create a User Account, and associate a valid debit and/or credit card. Your registration and use of a User Account is subject to these Terms. By registering, you agree, represent, and warrant:

1. All information provided to Kred is accurate, current and complete, and that you will maintain and update such information as it changes.

2. You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions.

3. You are at least 18 years of age to form a binding contract.

4. You do not and have never used or maintained any other Kred Pay account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement).

5. Your registration and your use of Kred Rewards is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.

Payment Terms and Methods

1. You understand that: (a) the prices for menu items displayed through the Services may differ from the prices offered or published by Merchants for the same menu items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) Kred has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Kred reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on the Company’s income). Payment will be processed by the Company, using the preferred payment method designated in your account.

2. Charges paid by Customers for completed and delivered orders are final and non-refundable. Kred has no obligation to provide refunds or credits, but may grant them, in each case in Kred’s sole discretion.

3. Kred may change the fees for our Services as we deem necessary or appropriate for our business.

4. Charges for Services and any other fees are subject to change at any time at Kred’s discretion.

5. Kred Rewards enables you to make card-based purchases through Kred Pay of goods provided by Merchants by linking to your Kred Pay User Account a debit, credit, and/or prepaid credit card. Your User Account is not a bank account. Kred Pay is not a bank and is a money transmitter exempted from registering as a money service business, per the U.S. Department of Treasury Financial Crimes Enforcement Network (FinCEN) exemption for payment processors (see 31 CFR § 1010.100(ff)(5)(ii)(B)). By linking a payment instrument to your User Account, you represent to Kred that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your Kred account is at all times current, non-expired, and valid for payments.

User Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Kred Platform by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not Kred, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the Kred Platform. Kred may monitor User Content from time to time but Kred does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Kred be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Kred Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Kred Privacy Policy and all other User Content will be considered non-confidential.

By submitting, posting or displaying User Content on or through the Kred Platform or otherwise to Kred, you grant Kred, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant Kred the right (although Kred does not have the obligation) to pursue at law any person or entity that violates your or Kred’s rights in the User Content by a breach of these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Kred has no obligation to post or display any User Content on the Kred Platform.

User-Related Content

Kred may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (“User-Related Content”). You grant to Kred a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Kred Privacy Policy. User-Related Content is not considered confidential or proprietary.

License Grant

Subject to these Terms, Kred hereby grants you a limited, non-exclusive and nontransferable license to download, install, display, perform, access and use the App on a single smartphone, tablet or other mobile device that you own or control for your personal, non-commercial use.

License Restrictions

You shall not: (i) copy the App or any element thereof, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App or any element thereof; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any element thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time; or (vi) use the App to violate any applicable law, including without limitation any law regarding the purchase or sale of alcoholic beverages. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).

Reservation of Rights

You acknowledge that the App is licensed, not sold, to you. Kred reserves all rights in and to the App not expressly granted to you under this Agreement. You do not acquire any ownership interest in the App under this Agreement. Kred and its licensors and service providers reserve and retain the entire right title and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding the App (“Feedback”), Kred will be free to use such Feedback for any purpose. The word marks “Kred” and the “Kred” and “TO” logos and all associated marks and logos displayed within the App are our trademarks (unless otherwise noted).

Third Party Establishments

You acknowledge and agree that the App is a tool that enables You to redeem Kred Points to receive goods and services (each a “Transaction”), with third-party establishments, (each, an “Establishment”). You acknowledge that all Transactions are between you and the Merchants and that Kred is not a party to such Transactions. Kred is not responsible for examining or evaluating the quality, or any other aspect of such products or services of any Establishment and will not have any liability or responsibility to you or any other person therefor. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the App to pay for a Transaction in an Establishment, any chargeback for such charge shall apply to such Establishment and that we will not have any liability to you.

Payment Vendors

Kred is a technology provider. It is not a bank, credit union, payment processor or other financial institution. Transactions are processed via an Establishment’s payment processor and/or point of sale (“POS”) system vendor (each a “Payment Vendor”). By processing a Transaction via the App, you authorize an Establishment’s Payment Vendor to charge your credit card or other payment method. Transactions processed via the App may also be subject to the terms and conditions of the applicable Payment Vendor.

Refunds

You acknowledge and agree that Kred does not provide refunds via the App. You hereby agree to seek any refunds of Transactions by contact Kred Customer Service.

Acknowledgements

You acknowledge that this Agreement is between you and Kred and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “Application Store Provider,” or “ASP”) and that Kred (not the applicable ASP) is responsible for the App. You acknowledge and agree that no ASP makes any warranties or has any obligations whatsoever under these Terms or has any warranty obligations with respect to the App. You acknowledge that ASP have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that ASP have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights.

If you are using the App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store terms and conditions and Apple and its subsidiaries are third party beneficiaries. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. If you are using the App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google

Maintenance

Scheduled system maintenance shall take place from time to time, and during such time, updates the App or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. If the App is down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.

Updates

Updates. Kred may, but is not required to, develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Kred has not obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet, the App may automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates and Kred may, in its sole discretion, cease supporting prior versions of the App after an Update is made available. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.

Consent to Communications

You consent to receive communications, including commercial communications (whether by phone, email, text, or the Kred Platform) from Kred and our third-party partners, which may include Establishments and other third parties, including without limitation brands. You acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. Your electronic acknowledgement of These Terms has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if Kred had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you. If at any time you change your mind regarding your consent to such messages, you must contact us. You have a right to receive Disclosures in paper form and you may opt out of receiving messages that are primarily commercial in nature. To stop receiving communications from Kred, you must terminate your account. If the App enables you to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.

Push Notifications

Kred may send you “push notifications” if your device supports such communications. By downloading the App and clicking to allow push notifications, you “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from Kred and our third party partners. Should you wish to stop receiving push notifications via the App, you may turn off these notifications through the applicable settings on your device.

Limitations on Availability

The App is based in the United States. We make no representation that the App is available or permitted in any particular location. Use of the App is void where prohibited. You use the App at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the App as required by law.

Term and Termination

The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by Kred or you. You may terminate this Agreement by deleting the App and all copies of it from your mobile device. Kred may terminate this Agreement at any time without notice in its sole discretion, including if it ceases to support the App, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the App and destroy all copies, full or partial, of the App. You acknowledge that Kred may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.

Disclaimers and Limitations of Liability

This section is important – please read it carefully – it limits Kred’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.

(a) Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.

(b) Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE APP. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR THE APP, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disputes Between You and an Establishment or Other User

You are solely responsible for your interactions and Transactions with Establishments or other users of the App. You hereby agree to look solely to such Establishments and other users for any claim, damage or liability associated with any Transaction commissioned via the App and expressly waive and release Kred from any and all claims, damages and liabilities arising out of any act or omission of any Establishment, other user or third party.

Export and Other Restrictions

You may not use or otherwise export or re-export the App or elements thereof except as authorized by the laws of the jurisdiction in which the App was accessed or obtained. The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Amendments

This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by Kred via a click-to accept mechanism.

Miscellaneous

The laws of the state of California in the United States, excluding its conflicts of law rules, govern this this license and your use of the App. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in California, United States, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the App. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

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