KAPDEC TERMS AND CONDITIONS
Effective: April 15, 2024
Kapdec's products and services are provided by Kapdec Academy Inc. These Terms of Use ("Terms") govern your use of Kapdec's website, apps, and other products and services ("Services"). Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Table of contents
1. USING KAPDEC
2. CONTENT MODIFICATION
3. DISCLAIMER OF STUDENT-KAPDEC RELATIONSHIP
4. CONTENT SHARING
5. SECURITY
6. INTELLECTUAL PROPERTY, COPYRIGHTS
7. COPYRIGHT AND TRADEMARK
8. PAID SERVICES
9. REFUND POLICY
10. MODIFYING AND TERMINATING SERVICES
11. DISCLAIMERS
12. LIABILITY REMINDERS
13. INDEMNIFICATION?
14. ARBITRATION AND CLASS ACTION WAIVER
15. GENERAL TERMS AND REVISIONS
16. NOTICE FOR CALIFORNIA USERS
17. ACCEPTABLE USE POLICY
18. MOBILE APP TERMS
19. HONOR CODE
20. CODE OF CONDUCT
21. WAIVER
22. ENTIRE AGREEMENT
23. SURVIVAL
24. COMPLIANCE AND TRADE CONTROL
1. USING KAPDEC
You may use our Services only if you can form a binding contract with Kapdec, and in compliance with these Terms and all applicable laws. When you create your Kapdec account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. If Kapdec offers downloadable content, then you may download content from our Services only for your personal, non-commercial use, unless you obtain Kapdec's written permission to use the content otherwise. You also agree that you will create, access, and use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
2. CONTENT MODIFICATION
Kapdec reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.
No Academic Credit
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Kapdec does not have any affiliation with any credit granting institutes. You agree not to accept credit for completing a course unless you have earned a Course Certificate (or other equivalent Kapdec credential) for that course. Kapdec, the course instructors, and our associated partners have no obligation to have a course recognized by any educational institution or accreditation organization.
3. DISCLAIMER of STUDENT-KAPDEC RELATIONSHIP
We keep it simple. Your enrollment with Kapdec, and your participation in any course offered by Kapdec, DOES NOT (a) establishes any relationship between Kapdec and educational institution (b) enrolls or registers you in any educational institution that provides the similar course or (c) entitle you to modify the resources of any educational institution beyond their offering.
4. CONTENT SHARING
You can and are welcome to share your content, such as solutions, homework, quizzes, exams, projects, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with Kapdec, instructors, and other users. You retain all intellectual property rights in and are responsible for, the User Content you share.
How Kapdec and Others May Use User Content
To the extent that you provide User Content, you grant Kapdec a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Kapdec, reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Feedback and Suggestions
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Kapdec does not waive any rights to use similar or related Feedback previously known to Kapdec, developed by its employees or contractors, or obtained from other sources.
5. SECURITY
We care about the security of our users. While we work to protect the security of your account and related information, Kapdec cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing care@Kapdec.com.
Third Party Content and Links
Through the Services, you will have the ability to access and use content provided by instructors, other users, and other third parties and links to websites and services maintained by third parties. Kapdec cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Kapdec disclaims any responsibility or liability related to your access or use of such third party content.
6. INTELLECTUAL PROPERTY, COPYRIGHTS
Kapdec respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Kapdec Copyright and Trademark Policy in accordance with applicable law. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kapdec or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to it.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kapdec content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Kapdec and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kapdec or our licensors except as expressly authorized by these Terms.
7. Copyright and Trademark Policy
Kapdec respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with violating the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
Notices must meet the current statutory requirements imposed by the DMCA. Notices and counter-notices concerning the Services can either be sent:
Via mail: 251 LITTLE FALLS DRIVE, WILMINGTON DE 19808
via email: support@kapdec.com
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Kapdec also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Kapdec in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at support@kapdec.com, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content and temporarily or permanently suspend or disable the individual's account.
8. PAID SERVICES
Kapdec offers paid Services, for a fee. Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all fees, credit card transaction fee, international transaction fee, and applicable taxes promptly with a payment mechanism associated with the relevant paid services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Prices may vary based on your location and other factors, and Kapdec reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
9. KAPDEC REFUND POLICY
This refund policy applies to all services offered on the Kapdec Marketplace (the "Platform"), including hourly tutoring plans, subscription-based services, and one-time purchases. It outlines the terms for refunds and cancellations, as well as specific scenarios where refunds may not be granted. Both tutors and students (the "Parties") must comply with this policy, Kapdec’s Terms of Use, and the Honor Code.
Kapdec reserves the right to deny refunds for users found in violation of these terms, even if the refund request is made within the designated period. Refunds are also not granted for learners who fail to pass a course, specialization, or are dissatisfied with their grades. For further details and instructions, users are encouraged to refer to the FAQs section or contact Customer Support. For details, refer: Kapdec Refund Policy
10. MODIFYING AND TERMINATING SERVICES
We continually work on improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Kapdec may terminate your use of any Service for any reason. If your use of a paid Service is discontinued, a refund may be available under our Refund Policy. None of Kapdec, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Kapdec Parties") shall have any liability to you for any such action.
You can stop using our Services at any time, for many reasons. No questions asked. Kapdec supports our students and community. However, your choice of stopping the use of services will follow the refund policy.
11. DISCLAIMERS
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE KAPDEC PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE KAPDEC PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
12. LIABILITY REMINDERS:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KAPDEC LLC and ITS SUPPLIERS MAY MAKE IMPROVEMENTS and CHANGES IN THE SITE AT ANY TIME.
KAPDEC LLC and ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KAPDEC LLC and ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAPDEC LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KAPDEC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kapdec, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kapdec reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kapdec in asserting any available defenses.
14. DISPUTES AND ARBITRATION
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of KAPDEC’S services and/or products, including the Service, will be resolved by arbitration. You and KAPDEC agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and KAPDEC are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and KAPDEC will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@kapdec.com or to the U.S. mailing address listed at in the Contact Us section of these Terms. The notice must be sent to KAPDEC within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, KAPDEC also will not be bound by them.
15. GENERAL TERMS AND REVISIONS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after the publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
16. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
17. ACCEPTABLE USE POLICY
Kapdec's mission is to provide the world's best education. We want to make sure that all of our students, instructors, parents, and employees feel safe and comfortable while using our Services. The guidelines written below are to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.
Restrictions:
You are prohibited from using our Services to share content that:
You are prohibited to:
18. MOBILE APP TERMS
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any mobile application versions of the Service (the “App”). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Service and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Kapdec. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Kapdec.
Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Kapdec, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Kapdec acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Kapdec acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Kapdec, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Kapdec acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
19. HONOR CODE
All students participating in the class must agree to abide by the following code of conduct:
20. Code of Conduct by Users
To ensure a safe, respectful, and inclusive environment for all users, the following policy outlines the conditions under which user accounts may be temporarily or permanently blocked. Social media users are expected to comply with these standards, and violations may result in appropriate enforcement actions.
Prohibited Conduct
Enforcement Actions
Appeal Process
Accounts may be blocked for engaging in the following behaviors:
Blocked users may request a review of the enforcement action by submitting an appeal within the designated timeframe. Appeals will be reviewed by the platform’s moderation team, and decisions will be communicated promptly.
21. WAIVER
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
22. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Kapdec regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
23. SURVIVAL
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
24. COMPLIANCE AND TRADE CONTROL
Your use of the Service is subject to export controls and sanctions laws and regulations (including those of the U.S.). You are not permitted to use the Services if you are: (1) subject to the restriction of a sanctions or export denial list, including, but not limited to, the U.S. Specially Designated Nationals and Blocked Persons (“SDN”) List and the U.S. Entity List, Unverified List and Denied Persons List; (2) any individual or entity ordinarily resident in or organized under the laws of a region subject to a comprehensive U.S. embargo (presently including Cuba, Iran, Syria, North Korea and the Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine); (3) using the Kapdec’s Service for any purpose prohibited by applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation, rocket, missile or unnamed aerial vehicle systems for use in delivering weapons, use in nuclear facilities not subject to IAEA safeguards, other restricted nuclear activities, military-intelligence, unauthorized surveillance activities or human rights abuses, or for a military end user or end use in a country subject to an arms embargo; or (4) a party requiring Kapdec to obtain a government license or authorization under the applicable export control and sanctions laws in order to provide, export, re-export, or transfer its products and services.
Contact Us
The platform is committed to transparent, unbiased, and consistent enforcement of this policy. Users are encouraged to report any violations and help maintain a positive online community.
Kapdec Academy Inc
251 LITTLE FALLS DRIVE
WILMINGTON DE 19808
Email Address:
support@kapdec.com
https://www.kapdec.com/terms