Terms of Use
Effective date: March 1st, 2020
Last updated: October 3, 2026
The Kharty Services are provided by KHARTY TECNOLOGIA EDUCATIVA, S.L., a company registered in Spain with tax identification number (NIF) B22769434, whose registered office is at Calle O'Donnell 43, 7 C, 28009 Madrid, Spain, and which you can contact at contact@kharty.com.
These Terms of Service and our Privacy Policy, which is incorporated herein by reference (together, these "Terms"), describe the terms and conditions on which Kharty and its affiliates (collectively "Kharty", "we" or "us") offer you access the websites, applications, services, mobile applications, and social media sites on or to which these Terms are linked or within which they are referenced (collectively, the "Kharty Services").
Before accessing and using the Kharty Services, please read these Terms carefully as they constitute a legal agreement between Kharty and you.
BY USING ANY OF THE KHARTY SERVICES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you, to the extent the law allows. Section 11 explains how disputes between you and Kharty are resolved.
Every user of the web and mobile application of Kharty accepts at a personal level the following conditions. If you do not agree with any of the points set out here, then please do not use the Kharty services.
1. RESPONSIBLE USE AND CONDUCT
By accessing our services and content as a user, you accept the responsible use of such information and not upload content that is protected by copyright or infringing rules that violate individual rights. The user of Kharty may only upload content to the platform for the permitted purposes (A): complying with our usage policy and (B): submitting on a personal level to the laws of the country in which they are located.
Each user of Kharty agrees to comply with these requirements in a responsible manner. In the event that you fail to comply with these requirements, Kharty reserves the right to take legal action against you and to suspend your account without notice.
2. INTELLECTUAL PROPERTY
You agree that the SERVICES, including but not limited to content, graphics, user interface, audio, video, editorial content, scripts, software for the implementation of the services contain proprietary information and material that is owned by Kharty and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal and noncommercial uses in compliance of this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement.
You agree not to modify, rent, loan, sell or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Kharty name, the Kharty logo, and all the services and trademarks related to it are trademarks of Kharty. You are granted no right or license to use, modify, or distribute any aforementioned content for commercial purposes or that do not adapt to the Terms of Service with respect to any aforesaid trademarks.
The Kharty Services and Kharty's own content are the property of KHARTY TECNOLOGIA EDUCATIVA, S.L. Content that you upload remains yours, as section 4.6 describes; you grant Kharty the licence set out in that section. We guarantee a limited and nonexclusive use, with a revocable license when using our application. This limited use license will remain in force until you decide to be terminated by either party, or by ceasing to use the application or by account suspension carried out for a breach of the legal terms.
3. KHARTY CONTENT
The Kharty platform allows you to upload multimedia content to be used for educational purposes. Such graphic content, text, use of trademarks or any other type of content should not be protected by copyright.
In the event that any user violates the rules regarding the uploading of copyrighted content, Kharty reserves the right to suspend the account and make legal decisions.
Kharty is not responsible for the correctness and update of the content uploaded to the platform.
Kharty respects the intellectual property rights of others and expects users of the Kharty Services to do the same. The Kharty Services, including any information, graphics, images, artwork, text, video clip, data compilations, software, audio clip, trademark, service marks, log, trade names and other content provided on, in, or through the Kharty Services (collectively, the "Content") are the property of their respective owners and may be protected under both United States and foreign copyright, trademark patent and other laws. We reserve the right to remove Content alleged to be infringing without prior notice to you, at our sole discretion.
Only if you agree to these Terms (as well as any additional terms and conditions as may be related to specific Content), does Kharty grant to you a personal, nonexclusive, nontransferable and limited license (without the right to sub-license) to access and use the Kharty Services and browse, and interact with the Content solely for your own personal use and subject to these Terms.
We strive to keep all Content accurate, current, and up-to date. However, we cannot guarantee the accuracy, completeness, adequacy or currency of the Content and therefore the Content is not warranted or guaranteed in any way or form. For more information, see our Disclaimer of Warranties & Limitations of Liability in section 9 below.
4. USING THE KHARTY SERVICES
4.1 Your account:
Kharty is an application that requires access to a user’s account or the use of external platforms like Google or Facebook to obtain such access. Whatever creation from a user’s account contains false content will be at Kharty’s disposition to suspend the user’s account without prior notice.
Please do not share your Account, including your login credentials, with anyone else. You are responsible for all use of your Account, including use by others to whom you have provided access to your Account. Kharty may act upon any instructions received under your password and e-mail address without further verification.
4.2 Your Responsibilities:
You may use the Kharty Services for lawful purposes only. You may not use the Kharty Services in any manner that could damage, disable, overburden or impair Kharty 's servers or networks or interfere with any other party’s use and enjoyment of the Kharty Services.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to) remove any copyright, trademark or other proprietary rights notices contained in the Kharty Services; transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; interfere with another user's use of the Kharty Services;
Kharty may terminate your access to the Kharty Services without notice for any violation of the above rules at any time in its sole discretion.
You are solely responsible for any and all charges, fees and other costs related to use of the Kharty Services, if any.
4.3 Submissions:
Kharty may from time to time offer areas where you and other users can post or otherwise submit ratings, suggestions, ideas, notes, concepts or other information or materials to us regarding the Kharty Services (collectively, "Submissions"). By sending, posting or transmitting Submissions to Kharty (and/or our designees) or any area of the Kharty Services, you grant Kharty and our designees a worldwide, non- exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sub-license (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.
In other words, Kharty has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if Kharty uses one of your Submissions. All Submissions are deemed non- confidential and non-proprietary.
You acknowledge and agree that Kharty has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Kharty takes no responsibility and assumes no liability for any Submission posted by you or any third party.
Kharty strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. Kharty is not responsible for information that you choose to communicate via Submissions.
4.4 DMCA and user content report
DMCA provides tools to those copyright owners who believe that these rights are being violated through the dissemination of their work through broadcast channels or the sale of their original or previously modified material, without prior authorization.
If you believe or suspect that your copyrighted material is being disseminated through any service related to Kharty, you or your agent should contact us by e-mail requesting that said content be removed from the platform.
If your content has been wrongly or improperly reported by copyright, you can make a counterclaim. Both the copyright infringement notification and the counter-claims must maintain the format provided at the time the claim is made. For more information you can consult www.copyright.gov
Claims and counter-claims should be sent to:
Attn: Legal - DMCA Notices
E-mail: contact@kharty.com
KHARTY TECNOLOGIA EDUCATIVA, S.L.
Calle O'Donnell 43, 7 C
28009 Madrid, Spain
We recommend that before filing a claim or counterclaim you consult with your legal advisor.
Kharty reserves the right to unilaterally terminate and suspend user accounts that do not respect the copyrighted material.
Taking all of the above into account and in addition, Kharty reserves the right to make decisions in cases where it is suspected that copyright is being infringed, suspending accounts and removing content without prior notice.
4.5 Copyright Claims
Kharty respects the intellectual property and copyright of third parties. It is our policy to respond appropriately to any type of claim related to a copyright infringement. Kharty will use reasonable efforts to investigate claims of intellectual property infringement and will take proportionate action based on legal decision-making and regarding content removal and deletion and blocking of user accounts. Kharty is not responsible for the content uploaded by any user, although the company is capable of taking legal action and deleting content and accounts, ultimately it will be the user who infringes copyright who is solely responsible and who must bear the costs generated in the event that legal actions are taken.
4.6 User Content.
You acknowledge and agree that in addition to Submissions: (a) all responses, information, data, text, software, music, sound, photographs, images, video, messages or other materials communicated or transmitted using the Kharty Services (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from who such User Content originated; (b) you, and not Kharty, shall be responsible for all User Content that you upload, post, email, distribute, communicate, transmit, or otherwise make available using Kharty Services or that is otherwise made available through the use of your account, whether or not authorized by you; (c) by using the Site and the Service, you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, indecent, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; (d) you retain your rights to any User Content you submit, post or display on or through the Kharty Services; (e) Kharty may use any User Content publicly transmitted on the Kharty Services in whole or in part in any form; (f) you automatically grant (or represent and warrant that the owner of such User Content has expressly granted) Kharty a perpetual, irrevocable, non-terminable, worldwide, fully paid, royalty free, non-exclusive, worldwide license to use, copy, distribute in whole or in part, publicly display, modify, make derivative works, and sublicense any User Content you publicly submit or make available through the Kharty Services. Any information considered personally identifiable will be treated as Personal Information and shall be used in accordance with our Privacy Policy terms.
Kharty does not control the User Content originating from users of Kharty Services, and does not guarantee the accuracy, integrity, or quality of such User Content.Kharty reserves the right to delete any User Content from its databases at any time and from time to time without notice to you. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Kharty Services or received by you through the use of the Kharty Services. Kharty shall not be liable for any purging, deletion, or failure to retain any such User Content.
4.7 Restrictions on Submissions and User Content.
You warrant, represent and agree that you will not contribute any Submissions, User Content or otherwise use the Kharty Services in a manner that:
- infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party, including identifying any person without such person's consent;
- violates any law, statute, ordinance or regulation;
- is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
- makes unsubstantiated claims about any third party or its products or services;
- adversely affects or reflects negatively on Kharty 's goodwill, name or reputation or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Kharty Services;
- sends or results in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called ’spamming’;
- transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horse, spyware, or other potentially harmful programs or other material or information;
- falsely claims to be from an employee or agent of Kharty;
- circumvents, disables or otherwise interferes with security-related features of the Kharty Services or the features thereof that prevent or restrict use or copying of any content; and/or
- intercepts or attempts to intercept email or other private communications not intended for you.
Kharty reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have breached the obligations set forth herein).
You agree that, in order to comply with the aforementioned behavioral clauses, Kharty has the right to review the content uploaded to its servers in order to determine if the content is lawful and / or appropriate. Kharty has the right to totally or partially modify, eliminate or hide content that it believes, in its own discretion, is not suitable or that violates some terms and conditions of use.
Even so, and reserving this right, Kharty is not responsible for the content uploaded to the platform and the user, who must respond to it in case of breaking any law.
5. THIRD-PARTY SITES & SERVICES
The Kharty Services may contain links to third-party websites and services, including social media (collectively, "Social Media"). Social Media are not under the control of Kharty and Kharty is not responsible for any Social Media or for any information or materials on, or any form of transmission received from, any Social Media. The inclusion of a link does not imply endorsement by Kharty of the Social Media or any association with the operators of the Social Media. Kharty does not investigate, verify or monitor the Social Media. Kharty provides links to Social Media for your convenience only. You access Social Media at your own risk.
6. ADVERTISEMENT; THIRD PARTY ADVERTISEMENT
As well as advertisements for our own goods and services, we may allow third-party companies to serve ads and/or collect certain information when you use the Kharty Services. To learn more about how your information is collected and used by us or any third party advertisers, please read our Privacy Policy.
7. MOBILE “IN-APP” PURCHASES
The Kharty Services may offer "in-app" purchase options for its mobile apps (the "In-App Purchases"). If In-App Purchases are available to you, you acknowledge and agree that all billing and transaction processes related to In-App Purchases are handled and processed through the Google Play or Apple App Store from which you originally downloaded the application ("the App Store Provider"). All In-App Purchases are governed by the App Store Provider's terms and conditions. You may access the applicable In-App Purchases terms and conditions directly from the App Store Provider. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.
Subscriptions. Kharty+ and Kharty PRO are subscriptions. Their price, billing period and any free trial are shown to you before you buy. A subscription renews automatically at the end of each period, at the price then in force, until you cancel it; a free trial becomes a paid subscription when it ends unless you cancel it before.
You can cancel a subscription at any time: one bought in the app, in the subscription settings of the store you bought it from; one bought on kharty.com, in your account's subscription settings on kharty.com or by writing to contact@kharty.com. Cancelling stops the next renewal, and you keep access until the end of the period already paid.
AI Khartys bought in packs are a one-off purchase of digital content; they do not expire. Purchases on kharty.com are processed by Stripe.
8. PRIVACY/SECURITY
Please make sure that you carefully read our Privacy Policy to learn about the information that Kharty collects on the Kharty Services and how we process such information.
Without limiting the terms of our Privacy Policy, you understand that Kharty does not and cannot guarantee that your use of the Kharty Services and/or the information provided by you through the Kharty Services will be private or secure. Kharty is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation, device, location and intended use of the Kharty Services. Kharty reserves the right at all times to disclose any information Kharty deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
9. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE KHARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, Kharty specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Kharty does not warrant that (a) the Kharty Services will meet your requirements, (b) operation of the Kharty Services will be uninterrupted or virus- or error- free or (c) errors will be corrected. Any oral or written advice provided by Kharty or its authorized agents does not and will not create a warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE KHARTY SERVICES IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL KHARTY BE LIABLE (a) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF KHARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (b) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE KHARTY SERVICES. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law. IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN KHARTY 'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL NOT EXCEED $100 OR THE TOTAL AMOUNT PAID TO US FOR YOUR USE OF THE KHARTY SERVICES IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Kharty would not be willing to provide the Kharty Services and/or to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
10. INDEMNIFICATION
You agree to indemnify and defend Kharty and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys' fees brought against Kharty by any third party arising from your use of the Kharty Services or any violation of these Terms, the rights of a third party or applicable law. Kharty reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Kharty may be made without Kharty 's prior written approval.
11. DISPUTE RESOLUTION
These Terms are governed by the laws of Spain. You and Kharty agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
Before bringing a claim, please write to us at contact@kharty.com so that we can try to resolve the matter with you.
Any dispute arising from or relating to these Terms or the Kharty Services will be heard by the courts of Madrid, Spain. If you use the Kharty Services as a consumer, you may instead bring proceedings before the courts of your place of residence, and Kharty may bring proceedings against you only before those courts.
If you do not use the Kharty Services as a consumer, notice of any claim arising from or related to these Terms must be given within one (1) year after the claim arose.
12. ELECTRONIC CONTRACTING
Your affirmative act of using and/or registering for the Kharty Services constitutes your consent to enter into agreements and to transact with us electronically.
13. TERMINATION
Your license and permission hereunder to use the Kharty Services and Kharty Content automatically terminates when you fail to comply with any material term or condition hereof. Kharty may terminate or modify your access to the Kharty Services, with or without notice to you, at any time for any reason. For example, access to the Kharty Services may be denied without notice if Kharty believes that you are a minor using the Kharty Services without parental consent.
You may stop using the Kharty Services at any time. Deleting the application from your device does not delete your account or cancel a subscription: to end this Agreement and close your account, delete your account in the app (Profile > Settings > Delete account) or write to contact@kharty.com, and cancel any subscription as section 7 explains. When you delete your account, the Khartys you made public stay available without your name, as the Privacy Policy explains.
Termination will not limit any of Kharty 's other rights or remedies.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the US Digital Millennium Copyright Act ("DMCA"), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Kharty Services, please send your claim or notice of infringement to our DMCA agent at:
AtTN: Legal - DMCA Notice
E-mail: contact@kharty.com
KHARTY TECNOLOGIA EDUCATIVA, S.L.
Calle O'Donnell 43, 7 C
28009 Madrid, Spain
Your notice must contain (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.
15. GEOGRAPHIC CONSIDERATIONS
These English-language Terms of Service is Kharty's official statement of its terms relating to the Kharty Services. In case of any inconsistency between this English-language Terms of Service and any translation into another language, this English-language document prevails.
16. ACCEPTANCE OF TERMS OF USE
By installing the application, the "Terms of Use" are accepted, the duty and obligation of the user to read and fully understand this document, which is a binding contract between Kharty and the user, is relegated on a personal level. The fact of not having read said terms and conditions, of not understanding them or of not agreeing disables any person the ability to use the application for any purpose.
If as a user you do not agree in whole or in part with the above terms and conditions of the service, you are not authorized to use the application. For any breach of the above terms, violation of laws and copyright, you will be personally and financially responsible for any damages that may occur.
17. CONTACT US
If you have any questions about these Terms of Use, our Privacy Policy or the Kharty Services, please contact us at contact@kharty.com
Complaints. If something you bought from us does not work as it should, or you have any other complaint about the Kharty Services, write to contact@kharty.com and describe the problem. We answer every complaint within fourteen (14) days of receiving it.
18. CONSUMERS IN THE EUROPEAN UNION
This section applies to you if you use the Kharty Services as a consumer, that is, outside your trade, business, craft or profession, and you are habitually resident in the European Economic Area. It applies in addition to the rest of these Terms, and where any other provision of these Terms conflicts with this section, this section prevails. Section 15 provides that the English-language version of these Terms prevails over any translation of them; that precedence does not deprive you of any right that the mandatory rules of the law of your country of habitual residence give you.
The following applies to you instead of the provisions named:
- Governing law: the choice of the law of Spain made in section 11 does not deprive you of the protection afforded to you by the mandatory rules of the law of your country of habitual residence, which continue to apply to you.
- Collective actions: nothing in these Terms prevents you from taking part in a collective action that is available to you under the law of your country of habitual residence.
- Courts: you may bring proceedings against Kharty before the courts of your country of habitual residence or before the courts of Madrid, and Kharty may bring proceedings against you only before the courts of your country of habitual residence.
- Warranties: the statement in section 9 that the Kharty Services are provided "as is" and "as available", and the exclusion of implied warranties in that section, do not exclude or limit the statutory guarantee of conformity for digital content and digital services, or the guarantee against hidden defects, where the law of your country of habitual residence provides for them.
- Liability: the limitations and exclusions of liability in section 9, including the maximum amount stated in that section, do not apply to death or personal injury, to intentional misconduct or gross negligence, or in any other case in which the law of your country of habitual residence does not allow liability to be limited or excluded.
- Mandatory consumer law: nothing in these Terms excludes or limits a right that the mandatory law of your country of habitual residence gives you as a consumer, and any provision that would do so does not apply to you to that extent. This includes the provisions of sections 1, 4.7 and 13 on suspending accounts and removing content, which apply to you only as the last item of this section describes.
- Indemnification: section 10, and the statement in section 16 that you are personally and financially responsible for damages, apply to you only where you are at fault, and only to the extent that the law of your country of habitual residence allows.
- Licences: the licences you grant Kharty in sections 4.3 and 4.6 cover only the uses known when you grant them and apply only to the extent that the law of your country of habitual residence allows; where that law lets you terminate a licence, you keep that right.
Right of withdrawal: you have fourteen (14) days from the conclusion of a purchase from Kharty to withdraw from that purchase, without giving any reason. A subscription is a digital service: if you ask us to start it during that period and then withdraw, you keep your right of withdrawal and owe us only an amount in proportion to the days of the subscription used before you withdrew; the rest is refunded. A free trial does not shorten or replace this right: the fourteen days run from the day you subscribe, whether or not the subscription begins with a trial. For a one-off purchase of digital content not supplied on a tangible medium, if you ask us to supply it immediately, within that period, and acknowledge that you thereby lose your right of withdrawal once performance has begun, your right of withdrawal ends at that point. To withdraw, send us an unambiguous statement to that effect, before the period ends, at contact@kharty.com. As section 7 explains, a purchase made through the Google Play store or the Apple App Store is billed and processed by that store, and withdrawal from, or a refund of, such a purchase is handled by that store under its own terms and conditions.
You may use the following model withdrawal form, but you do not have to:
To KHARTY TECNOLOGIA EDUCATIVA, S.L., Calle O'Donnell 43, 7 C, 28009 Madrid, Spain, contact@kharty.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following digital service/digital content (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Out-of-court dispute resolution: If you are a consumer in France, you may also refer a dispute to a consumer mediator (médiateur de la consommation) free of charge, after you have first contacted us at contact@kharty.com and given us the opportunity to resolve the dispute directly. If you are a consumer in Poland, you may also ask for help from your municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), or ask a provincial inspectorate of the Trade Inspection (wojewódzki inspektorat Inspekcji Handlowej) to mediate a dispute with us.
Termination and content removal: where section 1 allows Kharty to suspend your account without notice, where section 4.7 allows Kharty to remove content, and where section 13 allows Kharty to terminate or modify your access to the Kharty Services with or without notice, we will give you a statement of the reasons for that decision and a means of contesting it. To contest such a decision, write to us at contact@kharty.com.