TERMS AND CONDITIONS FOR THE USE AND SALE OF COGNIGO CONSULTING & DEVELOPMENT LTD SERVICES EFFECTIVE ON NOVEMBER 16th 2019
The Company COGNIGO CONSULTING & DEVELOPMENT LTD (hereinafter "COGNIGO") wishes to offer Users access to and use of its Website, Subdomain, and Educational Applications and their Contents according to the conditions below.
The following words and expressions beginning with a capital letter, in the singular or the plural, are used in these General Conditions. They have the following meanings:
"COGNIGO": Refers to the Company whose legal information appears in the article 3.1
"Site": The website , which is published by COGNIGO.
"Applications": NOBOXTODAY smartphone and tablet applications which are accessible to Users on Apple iOS Mobile Operating Systems and allow access to Content following these Terms and Conditions.
"Service": The Content whose terms of access are described in the TOS and governed by the GCS with regard to paid Content.
"Contents": Free or paid educational games that are accessible from an Application after download.
"NoBoxToday": Service subject to a Subscription.
"Subscription": The NoBoxToday Service whose access terms are subject to a paid subscription.
"Account": means the individual account opened by a User with Apple, Google or Amazon, allowing them to access the services of a Store and use Secure Payment Solutions.
"Secure Payment Solution": Set of payment tools made available on the Applications via the payment service of the Mobile Operating System on which the Terminal works (Apple iOS or Android). It allows the User to pay for the Contents in accordance with the terms and conditions of said platforms.
"Stores": The App Store for iOS. Application Stores where Users can download Apps and purchase Services by logging in to their Account.
"Mobile operating system": Operating system for smartphones or tablets published by Apple Companies (Apple iOS).
"Terminal" : Computer, smartphone or tablet on which the User installs and uses an Application.
"User": Any natural person navigating the Site, the Subdomain or using an Application.
"Terms of Service" (hereinafter "TOS"): Establish the conditions of access and use of the Site, Subdomain and Applications.
"General Conditions of Sale" (hereinafter "GCS"): Determine the conditions applicable to the paid Content.
"General Terms and Conditions": Designate the TOS (Section 1), GCS (Section 2) and the stipulations common to the T & Cs (Section 3).
PURPOSE AND SCOPE
The purpose of these General Terms and Conditions is to define the conditions under which COGNIGO puts its Site and Applications at Users' disposal as well as the reciprocal rights and obligations of each party within the framework of the use of a Service, the purchase of a Service or the Subscription to a paid Service.
Any navigation on the Site or access to an Application is subject to compliance with these Terms and implies the User’s full and unreserved acceptance of these Terms.
Accordingly, the User accepts, without reservation, these Terms in their entirety before using the Site or an Application.
The simple act of navigating the Site, an Application or the use of the Service before even ordering paid Content automatically implies the User’s acceptance of these Terms.
The User agrees to read the GCS before placing an order. The act of placing an order implies the User’s immediate, complete and unreserved acceptance of the GCS.
These General Conditions are available at any time on the Site and in the "Settings" page of the Applications.
SECTION 1: TOS
ARTICLE 1.1 - DESCRIPTION OF SERVICES
COGNIGO provides Services with the objective of offering autonomy to the child who uses the Content.
All Contents are educational games based on a pedagogy method named “Reshit Shiach Matemati” created by Moshe Klein.
The Services are available in multiple languages and may contain tutorials and oral instructions that guide non-readers.
All the Services offered by COGNIGO are presented on the Site.
The User can take note of all the NoBoxToday Applications produced by COGNIGO and may download them from a Store under the conditions provided by the GCS, from the Site.
The User is required to supervise a minor child who uses the Services.
ARTICLE 1.2 - ACCESS TO SERVICES
1.2.1 Access to Application Content
The User must download an Application to their Terminal to access its Content.
Downloading an Application may be free or paid and may also include in-app purchases to access all Content. When Content is paid, the User must comply with the conditions provided by the GCS.
When the User accesses free Content, some features will not be accessible.
When accessing the Contents of an Application, whether free or paid, the is not required to create a NoBoxToday account.
1.2.2 Access to NoBoxToday Content
Access to NoBoxToday Content requires a paid Subscription under the conditions provided in the GCS. They are accessible from the NoBoxToday Application, which must be installed on a Terminal.
New Content is added to NoBoxToday on a regular basis.
COGNIGO may also offer a Subscription to a free trial period that allows the User to access all the NoBoxToday Content of the Application free of charge for a fixed period of time. The Subscription will then become paid the day after the free trial period expires.
SECTION 2: GCS
CONDITIONS OF SALE ARTICLE 2.1 - PREREQUISITES TO USE A STORE’S SECURE PAYMENT SOLUTIONS
To pay to download an Application, make purchases to be integrated into an Application, or to purchase a Subscription from a Store, the User must use the Secure Payment Solution offered by the Store by logging in to their Account. To do this, the User acknowledges and agrees that they must first accept the publisher of the Secure Payment Solution’s terms and conditions and other requirements.
They can be viewed by following this link:
for the App Store: https://www.apple.com/legal/internet-services/itunes/en/terms.html
Should the User fail to comply with the publisher of the Secure Payment Solution’s terms and conditions, they acknowledge and agree that they can not order the Service or that the Service ordered is automatically canceled. The User will not receive any compensation for this.
ARTICLE 2.2- PRICES AND PAYMENT TERMS
The prices of the Applications are indicated in the Stores and the prices of the Subscriptions are indicated in the Stores. They are indicated in the currency of the country or store from which the user is connecting. If the User is in Finland, prices are indicated in Euros, all taxes included, at the legal VAT rate in effect.
COGNIGO reserves the right to change prices at any time. The prices applicable to an order are those in effect at the time that the User confirms the order.
2.2.1 Paid applications (excluding the NoBoxToday Application)
In accordance with article 1.2.1 of the TOS, the User must download the Application on a Terminal to access its Content.
The download of the Application may be paid or free and may contain in-app purchases to access all Content. This information is specified in the Store before purchase.
The User pays for the Application and/or its Contents only via the Secure Payment Solution offered by the Store under the conditions set out in article 2.1.
2.2.2 Subscription to the NoBoxToday Service
The User may subscribe to the NoBoxToday Service from the Application.
22.214.171.124 Characteristics of the Subscription
Subscriptions last for a fixed period of time. They are renewable for the same duration, unless the User cancels the Subscription before the due date or deactivates the automatic renewal of the Subscription under the conditions in Article 2.3.
In the event that the Subscription would be accompanied by a free trial period, the User’s Subscription will become paid only the day after the expiry of the free trial period. If the User wishes to terminate the free trial period, they must terminate their Subscription 24 hours before the end of the free trial period under the conditions in article 2.3.
126.96.36.199 Subscription to the NoBoxToday Application
The Application is free to download.
To get a Subscription to the NoBoxToday Application downloaded on a Terminal, the User must solve an equation to certify that they are of legal majority. They must then choose the duration of their Subscription from the subscription periods offered and confirm the purchase.
The User pays for the Subscription via the Secure Payment Solution offered by the Store after logging in to their Account under the conditions in Article 2.1.
The user will be charged for the first subscription period immediately after they subscribe to the Service. The User will then be charged at each renewal period through the Store’s Secure Payment Solution unless the Subscription is terminated under the conditions in Article 2.3.
ARTICLE 2.3 - TERMINATING AND MODIFYING A SUBSCRIPTION TO THE MONTESSORI PRESCHOOL SERVICE
2.3.1 Terminating or modifying a subscription made from a store
The subscription is automatically renewed unless it is canceled from the store at least 24 hours before the end of the current subscription period.
In addition, the renewal of a subscription made from a store will be billed 24 hours before the end of the current period.
To disable the automatic renewal, terminate, or modify a Subscription the User must refer to the conditions applicable by the Store and can find the information here:
For Apple: https://support.apple.com/en-en/ht202039
The User also has the option of changing the duration of their Subscription by choosing another type of Subscription from the store.
ARTICLE 2.4 - ABSENCE OF RIGHT OF WITHDRAWAL
The User is informed and acknowledges that by subscribing to a Service provided by COGNIGO, subject to the provisions provided by the Stores where applicable:
Access to the Content of a Service within a period of less than the deadline of legal withdrawal which is fourteen (14) days from receipt of payment, and
When they confirm their order, the User acknowledges expressly to waive the right of withdrawal.
Therefore, the User acknowledges and expressly accepts no right of withdrawal.
SECTION 3: COMMON PROVISIONS
ARTICLE 3.1 - LEGAL INFORMATION
NoBoxToday Applications are published by:
COGNIGO, a Limited Company, registered in the Israeli Trade Register under number 515226041
VAT no.: 515226041
Headquarters and principal place of business is at COGNIGO 14 Amos, Holon 5884437, Israel.
Publication Director: Olli Pelz
ARTICLE 3.2 - Access to the Site and Applications
COGNIGO strives to provide access to the Site and Applications 24 hours a day, 7 days a week, except in cases of force majeure and subject to possible breakdowns and maintenance required for their proper functioning.
COGNIGO reserves the right to modify, temporarily or permanently interrupt all or part of the Site or Application, at any time.
COGNIGO assumes no responsibility in the case of impossibility of access to the Site or to an Application.
Access to the Site and Applications implies the User’s knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times, data collection, risks of interruption, and more generally, risks inherent to any connection and transmission over the Internet, the lack of protection of certain data against possible diversions and the risk of contamination by possible viruses circulating on the network.
ARTICLE 3.3 - RESPONSIBILITY
3.3.1 The User’s Responsibility
The User guarantees that the personal information on the Services is accurate and up-to-date.
The User agrees to keep their login information secret and to choose a password known only to them and impossible to guess by anyone who knows them.
The User agrees to use the Site Applications in strict compliance with the laws and regulations in effect.
The User agrees not to transmit any information or data that is defamatory, abusive, obscene, violent or inciting violence, sexist, political, racist or xenophobic and in general, any text that would be contrary to the laws and regulations in effect in Finland, basic human rights and morality.
The User accepts that they will be will be solely and exclusively responsible for the consequences should they fail to comply with all or part of the legislation and regulations in effect, or the rights of third parties.
The User is solely responsible for how they use the Site and Applications, and the consequences of this use.
3.3.2 COGNIGO’S Responsibility
COGNIGO can not be held responsible for any direct or indirect damage resulting from an interruption, a malfunction, a suspension of the Site or any Application for any reason whatsoever, or any direct or indirect damage that would result, in any way, from a connection to the Site, an Application or how the User uses the data that they consult and/or transfer on the Internet.
The data published on the Site and Services come from sources considered reliable, however they are likely to contain typographical errors. COGNIGO reserves the right to correct them as soon as it becomes aware of them.
The User is therefore solely responsible for how they use the data published on the Site and Services.
It is the responsibility of the User to take all appropriate measures to protect the data and/or software stored on their computer equipment against any type of attack, including those of exogenous origin. Any person’s connection to the Site and Services is under their full responsibility.
It is reminded that the User agrees to keep their identifiers secret and to choose a password that can not be guessed by anyone who knows them. Accordingly, the User acknowledges and agrees that COGNIGO can not in any way be responsible for the direct or indirect consequences of the loss, theft or disclosure to a third party, in any way, of the User's login details. It would be a result of their own wrongdoing.
If the user notices an issue with a paid service, they should notify COGNIGO by email. COGNIGO will provide an answer to the User as soon as possible.
Any failure or damage reported to COGNIGO must be proven by the User by any means deemed necessary.
ARTICLE 3.4 - INTELLECTUAL PROPERTY
This article applies without prejudice to the rules set forth by the Mobile Operating System publisher.
All the elements composing the Site and the Applications are the property of COGNIGO.
These General Terms and Conditions do not grant the User any rights of ownership over the elements of the Website or the Applications that are made available for the purposes of the Services.
No component of the Site or an Application may be represented, reproduced, altered, in any manner whatsoever, in any medium whatsoever, in part or in whole, without the prior written permission of COGNIGO.
The Site may contain hyperlinks to third party Sites over which COGNIGO has no control. It can not, therefore, be held responsible for the unavailability of these sites and/or their content.
ARTICLE 3.5 - PERSONAL DATA
Personal data is subject to a confidentiality charter that is accepted by the User in addition to the acceptance of these Terms and Conditions prior to the use of a Service.
ARTICLE 3.6 - FORCE MAJEURE
Neither COGNIGO, nor the User will be responsible for any damage directly related to a case of force majeure as stipulated by Finnish legislation and jurisprudence, as well as in case of interruption, suspension, reduction or interruption of electricity or telecommunication networks.
The defaulting party following a case of force majeure informs the other party without delay and does everything possible to limit the consequences.
ARTICLE 3.7 - MODIFICATION OR TERMINATION OF TERMS AND CONDITIONS, SUSPENSION OR FINAL STOP OF SERVICE
The User acknowledges and expressly agrees that COGNIGO may, at any time, make unilateral changes to these Terms and Conditions as well as suspend or stop a Service. The User will be informed of any modifications to the General Conditions and of any suspension or stoppage of a Service, by any means at the convenience of COGNIGO.
Should COGNIGO modify the present General Conditions, the applicable General Conditions are those which were in effect when the User ordered the paid Service.
The User acknowledges and accepts that the refusal of the modifications entails the immediate renunciation to the use of the concerned Service.
In the event of the definitive termination of a Service, these General Conditions may be terminated automatically by COGNIGO, without any compensation of any kind for the User.
ARTICLE 3.8 - ASSIGNMENT OF TOS
The User acknowledges and agrees that COGNIGO may, at any time, freely transfer to any third party of its choice, in whatever form, its rights and obligations arising from these Terms and Conditions. The User will be informed of this transfer, by any means at the convenience of COGNIGO.
In case of assignment, the User acknowledges and agrees that COGNIGO will be immediately and completely released from its obligations.
The User acknowledges and agrees that the opposition to this assignment leads to the immediate renunciation of the use of the Service concerned.
Unless expressly agreed otherwise by COGNIGO, the User acknowledges and agrees that they may not assign any third party, in any form whatsoever, the benefit of these General Terms and Conditions.
ARTICLE 3.9 - DIVISIBILITY
If any of the articles in these General Terms and Conditions prove void or unenforceable by virtue of a law or regulation or following a court decision, the other articles will retain their full force and effect.
ARTICLE 3.10 - WAIVER
The fact that COGNIGO does not to avail itself of one or more provisions of these General Terms & Conditions does not imply a waiver of all of the said General Terms & Conditions.
ARTICLE 3.11 - SETTLEMENT OF DISPUTES
When a dispute arises between the User and COGNIGO, the Parties undertake to attempt to find an amicable solution. To do this, the User must address their complaint by registered letter with acknowledgment of receipt.
In accordance with EU Regulation 524/2013, the User can contact the European Commission's online dispute resolution portal by following this link: https://webgate.ec.europa.eu/odr/. The complaints logged on this platform are transmitted to Finnish mediation bodies.
In case of failure, the User may apply to any competent jurisdiction.
These General Terms & Conditions are written in English. They can only be interpreted in their English version.
These General Terms & Conditions are subject to Finnish law.