Terms and Conditions

Please read this document carefully. Continued use of the Platform and/or of the digital services entails the full and unconditional acceptance of these Terms and Conditions. "User" means any natural or legal person who accesses the Platform or uses, in any manner, the services offered.
Wiki Kids Online FZC (Free Zone Company)
Registration No.: 4420233
Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
Email: office@mindexy.com
Phone: +40 765 910 743 (RO) / +971 585 249 816 (UAE)
Information displayed in accordance with Federal Decree-Law No. 14/2023 on electronic commerce in the UAE.

1.1. This document establishes the contractual framework under which Wiki Kids Online FZC (Free Zone Company), Registration No. 4420233, with its registered office at Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates (hereinafter the "Provider"), provides digital educational services to the users of the Platform accessible at https://www.mindexy.com and at the associated websites.
1.2. The Provider is the developer, owner and operator of the Platform, of its content, functionalities and educational materials.
1.3. Any use of the Platform entails the acceptance and continuous observance of these Terms and Conditions.
1.4. The use of any section of the Platform entails the tacit acceptance of these terms, which constitute the legally binding contract between the parties.
1.5. Amendment of these Terms — principles. The Provider reserves the right to amend these Terms and Conditions, the Privacy Policy and the Cookie Policy, subject to the differentiated procedures set out in Art. 1.6 (non-material amendments) and Art. 1.7 (material amendments). The updated, dated versions are permanently available in the "Terms and Conditions" section of the Platform. Previous versions are accessible upon written request at office@mindexy.com for a minimum of five (5) years from the date on which the relevant version ceased to be binding.
1.6. Non-material amendments. Amendments of a purely editorial nature, spelling corrections, stylistic clarifications, updates of legal references without impact on the substantive content of the User's rights and obligations, or amendments required by applicable legislative changes (with no margin of appreciation for the Provider) shall be considered non-material amendments. These enter into force upon publication by display on the Platform and by updating the version date.
1.7. Material amendments — differentiated consumer / professional procedure. Any amendment to these Terms that significantly affects the rights or obligations of the User — including, without limitation, changes to prices, changes to the scope or characteristics of the services, changes to the limitations of liability, changes to the dispute-resolution procedures, changes to the data-retention periods or to the categories of data processed, changes to consumer rights or changes to the contract-termination procedures — constitutes a material amendment and is subject to the following procedure:
(A) For Parent Beneficiaries, Individual Beneficiaries and any other User who qualifies as a Consumer, the Provider:
(i) notifies the individual User by email, at the address provided when the Account was created, at least 30 calendar days before the date on which the amendment enters into force;
(ii) displays a banner or an in-app notification visible in the Platform interface upon login, containing a summary of the changes in the User's language and a comparative link between the current version and the proposed version;
(iii) requests the User's explicit acceptance of the new version through a dedicated click-wrap mechanism upon the first login following the entry-into-force date, in accordance with Art. III-2.4 (re-acceptance upon material amendments).
Right of termination without penalty. Where the Consumer User does not accept the material amendment, the User has the right, without giving any reason: (a) to terminate the contract with immediate effect by simple written communication (email to office@mindexy.com or refusal via click-wrap); (b) to receive a proportional refund for the unused access period, calculated on a pro-rata daily basis, within a maximum of 14 calendar days from the termination so expressed, using the same means of payment, without any other costs or penalties being charged; (c) to export their personal data in accordance with Art. III-8 (portability); (d) to request the deletion of the Account in accordance with Art. III-9.
Tacit refusal. The absence of explicit acceptance via click-wrap within 60 calendar days from the first display of the in-app notification upon login shall be interpreted as a tacit refusal of the material amendment and automatically triggers the right of termination and proportional refund provided above, without the Provider being able to invoke continued use of the Platform as tacit acceptance. This provision implements the mandatory protection granted to consumers by Directive 93/13/EEC (in particular Annex I points (j) and (k)) and by the analogous provisions of the applicable legislation.
(B) For School Beneficiaries, Teacher Beneficiaries and any other User acting as a Professional (B2B), the Provider notifies the material amendment by email at the address provided when the Account was created and by display on the Platform at least 30 calendar days before the entry-into-force date. Use of the Platform after the entry-into-force date constitutes acceptance of the amendment by the Professional Beneficiary. Where the Professional Beneficiary does not accept the amendment, it has the right to terminate the contract by written communication with 15 calendar days' notice, with a proportional refund for the unused access period calculated on a pro-rata daily basis, within a maximum of 14 calendar days from the termination so expressed.
1.8. Unenforceability of non-compliant amendments. Any material amendment that does not comply with the procedure set out in Art. 1.7 is not enforceable against the User. In such a case, the User remains bound exclusively by the version of the Terms in force at the time of their last express acceptance.
1.9. By accepting this document, Users undertake not to copy, reproduce, distribute or make publicly available any specific content from the Platform without the prior written consent of the Provider.

For the purposes of this document, the terms below have the following meanings:
"Platform" — the website https://www.mindexy.com, the related applications and all the digital functionalities made available by the Provider.
"Beneficiary" — the natural or legal person who creates an Account and uses the services of the Platform, in any of the categories defined in Art. 3.2 (School Beneficiary, Teacher Beneficiary, Parent Beneficiary or Individual Beneficiary).
"School Beneficiary" — a school, educational institution, training centre or other legal person that provides educational services and creates an Account for the purpose of providing such services to its own students through the Platform.
"Teacher Beneficiary" — a natural person acting in a professional capacity (for example, a teacher, instructor or independent tutor) who creates an Account for the purpose of providing educational services to their own students through the Platform.
"Parent Beneficiary" — a parent or legal guardian acting in a personal, non-professional capacity, who provides the personal data of a minor to a School Beneficiary or Teacher Beneficiary for the purpose of creating an Account for the minor, or who, in any other manner, accesses the Platform on behalf of such a minor.
"Individual Beneficiary" — an adult natural person who uses the Platform for personal, non-professional purposes (currently a category with limited availability; the creation of the Account is generally carried out through a School Beneficiary or Teacher Beneficiary).
"Authorised Representative" — any adult natural person, other than a biological or adoptive parent, who legally and demonstrably exercises parental authority (in whole or in part) over a minor, on the basis of one of the following titles: (i) a final court judgment (for example, a custody decision, judicial guardianship, curatorship, kafala); (ii) an authentic notarial deed concerning the delegation of parental authority, where the law applicable at the minor's habitual residence permits such delegation; (iii) an administrative act issued by a competent authority (for example, placement with a foster carer, a child-protection institution); (iv) any other instrument imperatively recognised by the applicable legislation of the minor's habitual residence as a basis for representation. A mere relationship of kinship (grandparent, aunt, uncle, adult sibling) does not, in itself, constitute such a title in the absence of one of the acts above, since most European civil-law systems (for example, the Italian Civil Code Art. 316–337, the French Civil Code Art. 371-378, the BGB §1626, the analogous provisions of the UAE Federal Decree-Law No. 8/2019) do not recognise the informal unilateral delegation of parental authority between relatives. The provisions applicable to Parent Beneficiaries apply to the Authorised Representative mutatis mutandis.
"Child" / "Minor" — any natural person who has not yet reached the age of legal majority under the law applicable at their habitual residence (typically 18 years); the term "Child under 16" refers, for the purposes of Art. 8 GDPR and of Law No. 190/2018, to a minor below the age threshold for autonomous consent to information-society services.
"Account" — the individual account created on the Platform, associated with a single entity (natural or legal person / school) and protected by unique credentials (email and password); the Account Type may be "School Account", "Teacher Account", "Student Account" (created on behalf of a minor) or "Individual Account".
"Consumer" — any natural person acting for purposes outside their commercial, business, craft or professional activity, within the meaning of Art. 2(1) of Directive 2011/83/EU (for Users in the EU/EEA) or of the analogous provisions of the law applicable at the User's habitual residence; Parent Beneficiaries and Individual Beneficiaries are deemed to act as Consumers.
"Trader" / "Professional" — any natural or legal person acting for purposes relating to their commercial, business, craft or professional activity, within the meaning of Art. 2(2) of Directive 2011/83/EU or of the analogous provisions; School Beneficiaries and Teacher Beneficiaries are deemed to act as Traders.
"Calendar month" — the actual calendar month (its real duration, between 28 and 31 days), in accordance with Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits, with the analogous provisions of UAE legislation (Federal Decree-Law No. 14/2023 on electronic commerce) and with the general principles for the calculation of time limits recognised in the applicable jurisdictions. Legal time limits expressed in months (for example, the withdrawal period, the limitation period, the notice periods provided for by these Terms) are calculated in actual calendar months.
"30-day period" — a fixed period of exactly 30 (thirty) consecutive calendar days, used where the Provider markets an access period under this explicit designation; it is distinct from an actual calendar month. The exact duration of the access period (actual calendar month, 30-day period, fixed period of N days or annual period) is transparently indicated in the description of the commercial offer at the time of purchase, in accordance with the consumer information requirements (Directive 2011/83/EU for Consumers in the EU/EEA and the analogous provisions).
"Access period" — the period of time for which the Beneficiary has paid and during which the Beneficiary is entitled to use the services of the Platform.
"Digital services" — access to the educational materials, lessons, tools and functionalities available through the Platform.
"Student" — the pupil or student who benefits from educational services through the School Beneficiary or Teacher Beneficiary and on whose behalf, where the Student is a minor, the Parent Beneficiary or Authorised Representative may act.
The terms "digital content", "distance contract", "personal data" have the meaning attributed by the applicable legislation of the UAE and the EU, as the case may be. In matters of data protection, Regulation (EU) 2016/679 ("GDPR") applies to users in the EEA, and Federal Decree-Law No. 45/2021 on the protection of personal data ("PDPL") applies to users in the UAE.

3.1. The Provider: Wiki Kids Online FZC, identified in accordance with Art. 1.1.
3.2. The Beneficiary: the natural or legal person who accesses or uses the Platform or purchases the digital services, identified by the data provided when the Account was created. The Beneficiary may belong to one of the following categories:
(a) School Beneficiary — a school, educational institution, training centre or other legal person (acting as a Trader/Professional); the special provisions of Part II of these Terms apply;
(b) Teacher Beneficiary — a natural person acting in a professional capacity (acting as a Trader/Professional); the special provisions of Part II of these Terms apply;
(c) Parent Beneficiary — a parent, legal guardian or Authorised Representative of a minor, acting in a personal, non-professional capacity (acting as a Consumer); the special provisions of Part III of these Terms apply;
(d) Individual Beneficiary — an adult natural person who uses the Platform for personal, non-professional purposes (acting as a Consumer); the special provisions of Part III of these Terms apply, mutatis mutandis, to the extent compatible with the absence of a minor.
3.3. The parties are collectively referred to as the "Parties" and individually as a "Party". For the avoidance of doubt, where a minor's Account is created by a School Beneficiary or Teacher Beneficiary on the basis of the personal data provided by a Parent Beneficiary, the contractual relationship concerning the use of the Platform is established jointly and severally with the Parent Beneficiary, in accordance with Art. III-2 (two-stage acceptance).
3.4. The Provider is not and shall not be deemed to be a party to the educational, contractual, commercial or financial relationships existing between any School Beneficiary or Teacher Beneficiary and their own students, parents or other contractually associated parties; these relationships are governed independently by separate agreements between those parties.

4.1. The provision of digital services consisting in granting access to the Platform to the Beneficiary, for consideration, in accordance with these clauses.
4.2. The contractual relationship exists exclusively between the Provider and the Beneficiary, in any of the categories defined in Art. 3.2. Where the Beneficiary is a School Beneficiary or Teacher Beneficiary, the relationships of that Beneficiary with their own students, parents, partners or other contractually associated parties are managed independently by the Beneficiary, at the Beneficiary's own responsibility, in accordance with Art. 3.4 and Part II. Where the Beneficiary is a Parent Beneficiary, the Provider acknowledges that the Beneficiary acts in the capacity of legal representative of a minor, the special provisions of Part III being applicable.
4.3. The specifications of the digital services are communicated on the Platform, in these Terms and/or in the commercial offers.
4.4. The provision of the services begins at the time the Beneficiary's account is activated. Payment and the ticking of the dedicated box, where applicable, constitute express confirmation for the immediate commencement of the digital service and, for Consumers, acknowledgement of the effects of the commencement of provision on the right of withdrawal, in accordance with the applicable law. This contractual confirmation is distinct from consent to the processing of personal data, which is regulated separately in the Privacy and Data Protection Policy.
4.5. If you do not agree with any of the clauses of this document, do not use the Platform and do not create an account.

5.1. The contract is deemed concluded upon the cumulative fulfilment of the following conditions: (i) the Beneficiary accepts these Terms and Conditions (by ticking the acceptance box), (ii) the Beneficiary pays the price corresponding to the access period and (iii) the Provider activates access to the Platform. The Provider activates access within a maximum of 48 (forty-eight) working hours from receipt of payment and of all the necessary data. In exceptional cases, justified by mandatory additional checks (for example, verification of the identity of a legal person, verification of parental authority over a minor, anti-fraud controls), the time limit is extended to a maximum of 7 (seven) working days, with the Beneficiary being informed. Failure to meet the activation time limit entitles the Beneficiary to a full refund of the amounts paid, within a maximum of 14 calendar days, in accordance with Art. 5.5 last paragraph, without penalties and without prejudice to the Consumer's mandatory rights under Directive 2011/83/EU and the analogous provisions.
5.2. This document constitutes a distance contract, in accordance with UAE legislation (Federal Decree-Law No. 14/2023 on electronic commerce) and, for consumers in the EU/EEA, with Directive 2011/83/EU on consumer rights.
5.3. The duration of the contract corresponds to the paid access period. Upon the expiry of the access period, in the absence of renewal and payment, the contract terminates by operation of law, and access to the services of the Platform is automatically suspended (see Art. 8).
5.4. Calculation of the duration — transparency principle. All legal and contractual time limits expressed in "months" are calculated as actual calendar months, in accordance with Regulation (EEC, Euratom) No 1182/71 and with the analogous provisions of UAE legislation and of other applicable jurisdictions. Where the Provider markets an access period under the designation "30 days" (or "N days" for any other numerical value), the duration of that period is exactly 30 consecutive calendar days (respectively N days), regardless of the calendar month in which it takes place. The actual duration of the access period and the unit of calculation used (calendar month / fixed period in days) are transparently indicated in the description of the commercial offer at the time of purchase, before payment, in accordance with the requirements for clear information of the Consumer (Art. 6(1) of Directive 2011/83/EU and the analogous provisions).
5.5. Right to refuse the creation or activation of the Account. Given that, pursuant to Art. 5.1(iii), the contract is concluded only upon the activation of access by the Provider, the Provider reserves the right, at its sole discretion, to refuse the creation, activation or reactivation of an Account, without the obligation to provide reasons, in any of the following situations: (i) reasonable suspicion of failure to fulfil the conditions of Art. 9 (accuracy of information, legal age, capacity to contract); (ii) reasonable suspicion of a breach of Art. 7.4 (prohibition of sharing the account between schools); (iii) the applicant's prior conduct on the Platform that led to suspension or termination under Art. 8; (iv) suspicion of fraud, abusive use, automated/scripted registration or the provision of false identification data; (v) any other reasonable risk to the operational, commercial, financial or legal integrity of the Platform. The refusal does not generate any financial obligation or liability for the Provider. Any amounts paid by the applicant in connection with the refused Account will be refunded in full within 14 calendar days, using the same means of payment, with no other damages due. The personal data collected on the occasion of the registration attempt will be deleted or anonymised in accordance with the Privacy Policy and Art. 17 GDPR (as the case may be). The Provider will at all times comply with the applicable legislation on non-discrimination and will not refuse access on the basis of characteristics protected by anti-discrimination legislation (including, without limitation, race, ethnicity, gender, religion, disability, age or sexual orientation), it being further clarified that the requirements of Art. 9 concerning the legal capacity to contract (in particular, legal age) constitute mandatory conditions of civil capacity under the applicable law and do not, in themselves, represent age discrimination within the meaning of the applicable anti-discrimination legislation (in particular Council Directive 2000/78/EC and the analogous international or national instruments).
5.6. Availability of alternative solutions; non-indispensable nature of the Platform. The Beneficiary acknowledges and accepts that the educational-technology market offers numerous alternative solutions and tools through which a professional, educational, teaching or business activity can be organised in an equivalent manner, including, without limitation: (i) competing educational platforms — both international and national — available on the market in the Beneficiary's jurisdiction; (ii) publicly available generative artificial-intelligence tools, usable for the creation of teaching materials; (iii) self-hosted solutions and content-management systems with educational extensions; (iv) traditional teaching methods, in person or hybrid, including the production of original teaching materials by the Beneficiary. Consequently, any decision by the Provider not to activate, to suspend or to terminate an Account, exercised in accordance with Art. 5.5, Art. 7 or Art. 8 of these Terms and Conditions, does not deprive the Beneficiary of the practical possibility of pursuing their professional, educational or business objectives by means equivalent to or substitutable for the Platform. The Beneficiary expressly acknowledges that the choice to use the Platform represents one option among the multiple alternatives available on the market and that the Provider's decision concerning the activation, suspension or termination of an Account — exercised in accordance with these Terms and within the limits of the applicable law — does not, in itself, constitute a quantifiable prejudice of a patrimonial, professional or moral nature. It is the Beneficiary's responsibility to identify, evaluate and adopt the alternative solutions appropriate to their own activity. This clause does not affect the mandatory rights granted to consumers by EU/EEA or UAE legislation, including the right to invoke and prove, as the case may be, a real prejudice in accordance with the applicable law.

6.1. The price of the services is the one indicated on the invoice and/or on the Platform at the time of purchase. All prices are expressed in the currency indicated on the invoice.
6.2. Price changes — differentiated procedure with individual notification.
6.2.1. Legal qualification. Any change to the standard price applicable to an Access Period (regardless of its duration — monthly, annual or other) or to the price of any plan, package or offer published on the Platform constitutes a material amendment of the contract and is subject to the procedure set out in Art. 1.5–1.8 of these Terms, with the particularities detailed in this Art. 6.2, in accordance with Directive (EU) 2019/2161 (the "Omnibus" Directive), Directive 2011/83/EU on consumer rights, Directive 93/13/EEC on unfair terms (in particular Annex I points (j), (k) and (l)) and the analogous provisions of UAE legislation (Federal Law No. 15/2020 on consumer protection).
6.2.2. Individual notification (Consumers). For Beneficiaries acting as Consumers (Parent Beneficiaries, Individual Beneficiaries and, in general, natural persons acting outside their professional activity), the Provider will notify any price change by individual email, sent to the contact address registered in the Account, at least 30 effective calendar days before the new price becomes applicable. The notification will transparently indicate: (a) the current price and the new price; (b) the percentage and the absolute value of the change; (c) the exact date from which the new price applies; (d) the objective reasons for the change (for example, an increase in operational costs, adjustment for inflation, expansion of the content offer), in accordance with the requirement of objective justification arising from Annex I point (j) to Directive 93/13/EEC; (e) the right to terminate without penalties and the specific manner of exercising it; (f) the consequences of inaction (tacit acceptance through continued use after the date of entry into force, pursuant to Art. 1.7).
6.2.3. Notification of professionals (B2B). For Beneficiaries acting as Professionals (School Beneficiaries and Teacher Beneficiaries acting within their professional activity), notification of the price change is made by display on the Platform and by email sent to the Account's contact address, with a minimum notice of 30 effective calendar days, with the same informative content set out in Art. 6.2.2 points (a)–(e).
6.2.4. Right to terminate without penalties (Consumers). The Consumer has the right to refuse the new price by written notice sent to office@mindexy.com before the date of entry into force of the new price. The refusal results in the termination of the contract at the end of the Access Period already paid for, without penalties, without additional costs and without loss of the amounts already paid for the period prior to the termination date. The Provider shall proportionally refund any amount paid in advance for the period subsequent to the termination date, within 14 calendar days of receipt of the refusal notice, by the same means of payment used at purchase, in accordance with Art. 13 of Directive 2011/83/EU and with the equivalent protection provided by UAE Federal Law No. 15/2020.
6.2.5. Right to terminate for professionals (B2B). The Professional has the right to refuse the new price by written notice sent at least 15 calendar days before the date of its entry into force; the refusal results in the termination of the contract at the end of the Access Period already paid for, without penalties. The proportional refund is made under the same conditions set out in Art. 6.2.4.
6.2.6. Non-retroactive application. Price changes apply exclusively to Access Periods that begin after the date of entry into force of the new price. Access Periods already paid for at the time of notification are not affected, regardless of their duration and of when they expire, in accordance with the principle of non-retroactivity and with Art. 1170 of the Italian Civil Code, Art. 1134 of the French Civil Code (as amended by the 2016 Ordinance) and the analogous provisions.
6.2.7. Prohibition of disguised increases (Omnibus clauses). In accordance with Directive (EU) 2019/2161 and the relevant CJEU case law, the following practices are expressly prohibited: (a) presenting a price change as a "reduction" by reference to an artificial reference price not actually applied in the last 30 days (in accordance with Art. 6a of Directive 98/6/EC, as amended by the Omnibus Directive); (b) successive small-scale increases, each below the threshold perceived as significant, intended to circumvent the individual notification obligation set out in this article (prohibition of "salami" practices); (c) essential changes to the content of the offer (for example, reducing the number of platforms, lessons, functionalities or users included) without applying the procedure of this article, since a reduction in value amounts to an increase in the unit price; (d) the introduction of additional costs (administrative fees, processing fees, "premium support" fees) that did not exist at the time of the initial purchase, without complying with the procedure of this article.
6.2.8. Exceptions — automatic changes by operation of law. The following changes fall outside the scope of this article and apply automatically without individual notice: (a) changes to VAT rates (EU), VAT (UAE) or other indirect taxes imposed by law, government ordinance or equivalent normative act of a competent authority; (b) changes to the official exchange rate published by the competent central bank, where the price is transparently indexed to a foreign currency declared at the time of purchase; (c) technical adjustments to the fees of payment processors (for example, interbank bank fees, Stripe/PayPal fees) passed on without changing the net price of the service to the Beneficiary. In all these cases, the change will be transparently reflected on the immediately following invoice, with a note stating the legal cause of the change.
6.2.9. Promotional prices and temporary offers. Promotional prices, discount codes, limited-duration offers, trial periods and offers of the "first Access Period at a reduced price" type are valid exclusively for the period and under the conditions expressly communicated at the time of the offer. The termination of a promotional offer at the term initially communicated and the subsequent application of the standard price does not constitute a price change within the meaning of this article, provided that the difference between the promotional price and the standard price, as well as the date of application of the standard price, were transparently communicated before the purchase, in accordance with Art. 6(1)(e) of Directive 2011/83/EU.
6.3. Means of payment and processors. Payments are made online (bank card via a secure payment processor) or by bank transfer. The Provider uses as payment processors: (a) Stripe Payments Europe Ltd. (Ireland) together with the affiliated companies of the Stripe group (in particular Stripe Inc. — USA, Stripe Technology Europe Ltd. — Ireland), for card transactions from the EU/EEA/UK and international transactions, in accordance with Stripe's terms and privacy policy (stripe.com/privacy); (b) as applicable, PayPal (Europe) S.à r.l. et Cie, S.C.A. (Luxembourg) and the affiliated companies of the PayPal group; (c) the banking institutions of the Beneficiary and of the Provider for bank transfers. The transfer of data to processors outside the EU/EEA/UK (for example, to Stripe Inc. USA) is carried out on the basis of the EU Standard Contractual Clauses (Decision (EU) 2021/914) and, where applicable, the applicable UK Addendum / IDTA (see Art. 24.3). The updated list of sub-processors may be obtained upon written request at office@mindexy.com. Invoicing is carried out in accordance with the applicable tax rules (UAE and/or EU, as applicable).
6.4. One-off payments, without automatic renewal — no subscription model. The Platform does not operate a recurring payment model, an automatically renewing subscription or scheduled billing. Each Access Period is purchased through a single payment, initiated manually by the Beneficiary, at the time chosen by the latter. The Provider does not retain bank card data for subsequent automatic charges, and the payment processor (Stripe or equivalent) processes exclusively the one-off transaction expressly authorised by the Beneficiary at the time of purchase, with strong customer authentication (SCA) in accordance with Directive (EU) 2015/2366 (PSD2) and the applicable technical standards (RTS 2018/389), respectively in accordance with the analogous rules of the Central Bank of the UAE (Regulation regarding Stored Value Facilities — Circular 5/2020) for transactions processed in the UAE jurisdiction. Upon expiry of the current Access Period, access ceases automatically pursuant to Art. 8.1, without additional charges; resuming access requires a new purchase initiated manually by the Beneficiary.
6.5. Independence of relationships — the Provider is not a party to the parent/student ↔ School/Teacher Beneficiary relationship. Non-payment by the Beneficiary's students (or by their parents) to the Beneficiary does not constitute justification for the non-payment of the Beneficiary's obligations to the Provider. For the avoidance of any doubt and in accordance with Art. 3.4 and Art. 4.2, the Provider is not and will not be considered to be a party to the contractual, educational, commercial or financial relationships existing between a School/Teacher Beneficiary and its own students, parents or other associated parties. The Provider does not mediate, does not guarantee, does not intervene in mutual claims or in disputes arising between those parties (including, without limitation, disputes concerning school fees, teaching quality, schedule changes, outstanding sessions, refunds to parents). Such disputes are settled exclusively between the directly interested parties, in accordance with their separate contracts and the law applicable to their relationship.
6.6. Expiry of the access period and non-payment. If the access period has expired and the Beneficiary has not made payment for a new period, access to the Platform's services is suspended automatically and immediately. The Beneficiary can no longer use the Platform's functionalities (including access to lessons, materials, educational tools or any other digital services) until full payment for a new access period is made. The Account data is retained in accordance with the data retention policy, but functional access is blocked.

7.1. Each account is strictly individual and is associated with a single entity (natural or legal person / school). Access to the account is made through unique credentials (email and password).
7.2. The Beneficiary is responsible for the confidentiality of the credentials and for all activities carried out through their account. Any unauthorised access or compromise of the credentials must be notified immediately to the Provider at office@mindexy.com.
7.3. The Beneficiary is not entitled to share, transfer or make available to a third party access to their account, in whole or in part, without the prior written consent of the Provider.
7.4. Prohibition of account sharing between schools (School Beneficiaries). The specific rules on the prohibition of sharing a School Account or its credentials with another school, educational institution or distinct legal person, together with the consequences of any such breach, are set out in Part II, Art. II-2 of these Terms. The provisions of Art. II-2 form an integral part of these Terms and are equally binding on any School Beneficiary.
7.5. Each school or legal person wishing to access the Platform must create its own account and pay the applicable price individually.
7.6. The Provider has the right to verify at any time the compliance of the use of the account with these rules, including by analysing access patterns (locations, devices, frequency).

8.0. Two legally distinct scenarios. This article establishes two distinct procedures, depending on the cause of the cessation of access: (A) the natural expiry of the paid Access Period, in the absence of a new purchase (Art. 8.1); (B) suspension or termination for breach of contractual obligations (Art. 8.2). These two scenarios have different legal regimes — confusing them would lead to the nullity of the clause under Directive 93/13/EEC Annex I point (g). Since the Platform does not operate an automatic recurring payment model (see Art. 6.4), there is no distinct scenario of "recurring payment failure"; the technical failure of a one-off purchase transaction does not generate access — the Beneficiary simply remains without a new Access Period, a situation governed by Art. 8.1.
Art. 8.1 — Natural expiry of the paid Access Period (without a new purchase)
8.1.1. Principle. Upon expiry of the paid Access Period, in the absence of renewal and payment for a new period, access to the Platform's services ceases automatically and by operation of law at the end of the last day actually paid for. This cessation does not constitute a suspension for sanction or contractual breach, but a natural termination of the contract through the full performance of the paid object, in accordance with Art. 5.3.
8.1.2. Pre-expiry notifications — transparency. The Provider sends the Beneficiary, by email to the address provided in the Account, daily notifications during the last 7 (seven) calendar days prior to the expiry date, indicating:
(a) the exact expiry date;
(b) the available options for purchasing a new Access Period and the related prices;
(c) the consequences of not purchasing a new Access Period (cessation of access);
(d) the ways in which the Beneficiary can export their data before cessation (see Art. III-8).
8.1.3. Uniform applicability. The procedure of this article applies uniformly to all categories of Beneficiaries (Consumers and B2B), since the expiry of a paid Access Period does not constitute a contractual sanction, but a termination by operation of law as a result of the full performance of the contractual obligations for the paid period. The Provider has no legal obligation to provide services without payment after expiry; this approach is recognised by European industry practice (fixed-term subscriptions at digital service providers).
8.1.4. Data retention post-expiry. User data (including progress, exercises completed, personal content) is retained for 90 calendar days after the expiry date, allowing the Beneficiary to resume without loss of progress, in the event that they purchase a new Access Period within this interval. After the expiry of this 90-day term, the data is anonymised or deleted, subject to the provisions of Art. III-9 (legal retention exceptions).
8.1.5. No refund on natural expiry. Since the Beneficiary has fully benefited from the paid Access Period, natural expiry does not generate a right to a refund. This provision is without prejudice to the mandatory consumer protection rights and, in particular, the right of withdrawal provided for in Art. 16.
Art. 8.2 — Suspension or termination for breach of contractual obligations
8.2.1. Grounds for breach. The Provider may suspend or terminate access to the Platform, in accordance with the differentiated procedures set out in Art. 8.2.2–8.2.4, in any of the following situations attributable to the Beneficiary:
(a) Unauthorised sharing: sharing the account with another school or entity (pursuant to Art. 7.4 and II-2);
(b) Abusive use: using the Platform in a manner that affects its functioning, security or availability;
(c) Illegal activity: using the services for activities contrary to the applicable law;
(d) Infringement of intellectual property: unauthorised copying, reproduction, distribution or modification of the Platform's content (Art. 13);
(e) Automated access: the use of bots, scraping, crawlers or other automated methods of accessing the Platform;
(f) False information: providing false or incomplete information when creating the account or during use (Art. 9);
(g) Breach of the non-competition clause: creating competing services/platforms using the Provider's materials (Art. II-3, exclusively legal persons);
(h) Diversion of contractually associated parties: diverting the students, parents, clients or partners of another Beneficiary (Art. II-4);
(i) Prejudicial conduct: any behaviour that harms the Provider's reputation or disrupts the community of users;
(j) Serious risk to minors: any conduct that creates a serious risk to the safety, integrity or well-being of the minor users of the Platform.
8.2.2. Procedure for Consumers (Parent Beneficiaries, Individual Beneficiaries). Except for the cases of "permitted immediate suspension" set out in Art. 8.2.4, the Provider sends the Consumer, before any suspension or termination, a written notice by email indicating:
(a) the specific reason for the breach (with reference to the relevant articles);
(b) the specific facts found by the Provider;
(c) the measures the Consumer must adopt for remediation;
(d) the remediation term of 15 (fifteen) calendar days from the date of receipt of the notice;
(e) the consequences of non-remediation (suspension or termination of access);
(f) the Consumer's right to submit a reasoned written response with documentary evidence.
The Provider analyses the Consumer's response in good faith and communicates the final decision within a maximum of 7 calendar days. If, at the end of the 15-day term, the breach has not been remedied and the Consumer has not submitted a convincing response, the Provider may suspend or terminate access.
8.2.3. Procedure for B2B Beneficiaries (Schools, Teachers, legal persons). The procedure is similar to that set out in Art. 8.2.2, with the following differences: (i) the remediation term is 7 (seven) calendar days; (ii) in the event of a repeated breach (a second time of the same type), the Provider may suspend immediately, without notice, on the basis of the prior warning.
8.2.4. Permitted immediate suspension (exceptions). The Provider may suspend access immediately and without notice, regardless of the Beneficiary's status (Consumer or B2B), in the following serious cases, subject to post-suspension notification within a maximum of 48 hours:
(i) proven illegal activity (Art. 8.2.1 point (c));
(ii) cyberattack, massive unauthorised access or other threats to the security of the infrastructure;
(iii) serious and actual risk to the safety of minors (Art. 8.2.1 point (j));
(iv) proven financial fraud (repeated abusive chargebacks, use of stolen cards, etc.);
(v) binding order of a competent authority.
8.2.5. Resumption after remediation. In the event of remediation within the prescribed term or of the cessation of the situation that generated the immediate suspension, access is restored within a maximum of 24 working hours from confirmation of the remediation, without additional penalties. The paid period not used during a suspension for a breach attributable to the Beneficiary is not extended proportionally; the paid period not used for other causes (Provider's error, suspension subsequently found unjustified) is extended proportionally.
8.2.6. Refund on definitive termination. In the event of definitive termination of access pursuant to this article: (a) for Consumers — proportional day-by-day refund for the unused access period, within a maximum of 14 calendar days, except in cases of fraud, illegality or proven material breach; (b) for B2B — no refund for the current access period in the event of an attributable breach.
Art. 8.3 — Voluntary deletion of the account
8.3.1. Definitive deletion of the account may be requested by the Beneficiary at any time:
(a) by direct action in the Platform's interface, if this functionality is technically available;
(b) by written email to office@mindexy.com, subject to the period necessary for processing, of a maximum of 30 calendar days, with reasonable verification of the identity of the requester and of their status, in particular where the request concerns the data of a minor.
8.3.2. Deletion of the account does not release the Beneficiary from outstanding financial obligations (unpaid invoices, proven damages).
8.3.3. The data necessary for the establishment, exercise or defence of a legal claim (Art. 17(3)(e) GDPR), as well as the accounting/tax data (Art. 17(3)(b) GDPR — retention obligation under the tax legislation applicable at the Provider's registered office, namely UAE Federal Decree-Law No. 28/2022 on tax procedures and Federal Decree-Law No. 47/2022 on corporate tax, and, where applicable, under the tax legislation of the Beneficiary's jurisdiction of residence), are retained after deletion for the applicable legal periods, in anonymised form to the extent possible.

The following obligations apply to each Beneficiary, regardless of category (School, Teacher, Parent or Individual). The additional obligations specific to each category are set out in Part II (Schools and Teachers) and Part III (Parents and Individual Users). The Beneficiary undertakes to:
Pay the price of the services when due, in full and without delay;
Use the Platform in accordance with these Terms, in good faith and in compliance with the applicable law;
Provide accurate, complete and up-to-date information when creating the Account and throughout use, and notify the Provider within 15 days of any change to the identification or contact data;
Maintain the confidentiality of the access credentials and not share them with unauthorised third parties;
Not copy, reproduce, distribute, resell, sublicense or make publicly available the Platform's content, the educational materials or any other elements protected by the Provider's intellectual property;
Not use automated methods (bots, scraping, crawlers, scripts) to access, download or extract content from the Platform;
Not attempt to gain unauthorised access to the systems, servers, networks or databases associated with the Platform;
Not use the Platform for illegal, fraudulent, defamatory activities or activities that infringe the rights of third parties;
Respect the intellectual property rights of the Provider and of third parties;
Comply with the rules applicable to course sessions and, where sessions are recorded, ensure that prior information and separate consent exist where the law requires it. Recordings involving minors are subject to the special rules set out in Art. III-6 and in the Privacy and Data Protection Policy;
Have the legal capacity to conclude this contract: be of legal age (18 years of age or older) when acting in their own name; or, if acting as a representative of a legal person, have the necessary capacity and authorisation; or, if acting as a Parent Beneficiary or Authorised Representative on behalf of a minor, hold parental authority or equivalent prerogatives of legal representation in accordance with Art. III-3.
The specific obligations applicable to School Beneficiaries and Teacher Beneficiaries (including the prohibition of account sharing, the prohibition of diverting the contractually associated parties of another Beneficiary, the non-competition clause and the obligation to inform parents) are set out in Part II. The specific obligations applicable to Parent Beneficiaries and Individual Beneficiaries (including the declaration regarding parental authority, the supervision obligation and the indemnification undertaking) are set out in Part III.

10.1. The Provider undertakes to provide the digital services in accordance with the specifications communicated, to keep the Platform functional within reasonable limits and to ensure technical support during working hours.
10.2. The Provider issues invoices in accordance with the applicable tax regulations of the UAE and, where applicable, of the Beneficiary's jurisdiction.
10.3. The Provider notifies Beneficiaries of changes to the Terms, prices or functionalities, in accordance with the deadlines established in this document.
10.4. The Provider is not responsible for the Beneficiary's relationships with third parties (students, parents, partners, other schools), nor for the Beneficiary's own processing carried out in relation to its own students, parents or clients. The roles regarding the processing of data through the Platform are those set out in Art. II-5 and in the Privacy and Data Protection Policy: as applicable, the Beneficiary may act as an independent controller and the Provider as a processor, respectively the Provider may act as an independent controller for the Platform's own functions, security, logs, account administration and proof of compliance.

11.1. The organisation of courses follows the methodology and structure established by the Provider (individually or in a group, as applicable).
11.2. Progression through educational levels is sequential; the Beneficiary cannot skip levels without completing the previous stages.
11.3. The approximate duration of a course session is approximately 90 minutes.
11.4. The Provider is not responsible for the functioning of the third-party services used in the delivery of courses (internet, Zoom, WhatsApp, other communication platforms). The Beneficiary is responsible for ensuring their own internet connection and the necessary equipment.
11.5. The marketing materials made available to the Beneficiary may be used exclusively for the promotion of the educational services offered through the Platform, without modifications to the content, except with the consent of the Provider.
11.6. The courses offered through the Platform are not accredited by the state educational authorities. The diploma/certificate issued attests to the completion of the programme and, where applicable, the passing of the internal examination.

12.1. Principle of compliance. The Provider undertakes to supply digital services that conform to the specifications presented at the time of purchase and to keep them in conformity throughout the Access Period, in accordance with Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services (transposed into the national laws of the EU/EEA), Federal Law No. 15/2020 on consumer protection in the UAE (together with Cabinet Decision No. 66/2023) and the analogous provisions of other applicable jurisdictions.
12.2. Conformity criteria. Digital services are considered to be in conformity where they cumulatively meet:
(a) the subjective conformity requirements (Art. 7 of Directive 2019/770): the description, quantity, quality, functionality, compatibility, interoperability and other characteristics provided for in the contract; fitness for the specific purpose for which the Beneficiary requires them and which the Beneficiary made known to the Provider; supply together with all accessories, instructions and customer assistance provided for; supply with the updates provided for in the contract;
(b) the objective conformity requirements (Art. 8 of Directive 2019/770): fitness for the purposes for which digital services of the same type are normally used; supply in the quantity and with the characteristics and functionalities (including accessibility, continuity and security) that the Beneficiary may reasonably expect; supply together with the accessories, instructions and updates that the Beneficiary may reasonably expect.
12.3. Obligation to provide updates — including security updates (Art. 8(2) of Directive 2019/770). The Provider imperatively undertakes to ensure that the Beneficiary is informed of and receives all updates necessary to keep the Platform and the digital services in conformity, including, without limitation:
(a) security updates — corrections of identified security vulnerabilities, patches to protect against known cyber threats, updates to encryption components, authentication and data protection protocols; these updates are provided without undue delay after identification of the vulnerability and, in any event, within a maximum of 30 calendar days for critical vulnerabilities (qualified as CVSS ≥ 7.0) and within longer but reasonable time frames for non-critical vulnerabilities;
(b) functionality updates — bug fixes, stability improvements, updates to maintain compatibility with the operating systems, browsers and devices commonly used by Beneficiaries;
(c) legal compliance updates — changes required by developments in applicable legislation (for example, GDPR, PDPL, digital accessibility under the EAA, DSA).
12.4. Duration of the obligation to provide updates. The obligation to provide updates (including security updates) applies:
(a) for each Access Period purchased, throughout its entire duration (continuous supply of digital services, in accordance with Art. 11(2)(b) of Directive 2019/770);
(b) cumulatively, for the duration of the Beneficiary's actual contractual relationship with the Provider (the sum of successive Access Periods); interruptions between Access Periods do not affect rights previously acquired;
(c) for any educational content with permanent access purchased as a separate product (for example, "unlimited access" or "lifetime" packages, if ever offered), for a minimum of 5 (five) years from the date of purchase, in accordance with the Consumer's reasonable expectations provided for in Art. 8(2)(b) of Directive 2019/770.
12.5. Information and installation. The Provider will inform the Beneficiary of the availability of important updates by email to the contact address in the Account or by clear notification on the Platform. Where an update requires action on the part of the Beneficiary (for example, installing an updated version of the mobile application, clearing the browser cache, changing a compromised password), the Provider will provide clear and easy-to-follow instructions. The Beneficiary acknowledges that the Provider cannot be held liable for the consequences of failing to install security updates within a reasonable time following notification, provided that: (a) the Provider has provided the information in accordance with this article; (b) the consequences are caused exclusively by the failure to install (Art. 8(3) of Directive 2019/770).
12.6. Hierarchy of the Consumer's remedies in the event of non-conformity (Art. 14 of Directive 2019/770). Where the digital services do not conform to the contract (including failure to comply with the obligation to provide updates), the Consumer is entitled to:
(i) bringing into conformity — repair or replacement of the non-conforming functionality, free of charge and within a reasonable time (generally a maximum of 15 calendar days from notification), without significant inconvenience to the Consumer;
(ii) a proportionate reduction of the price — where bringing into conformity is impossible, disproportionate, has not been carried out within the time limit or the Consumer has invoked it repeatedly (Art. 14(4) of Directive 2019/770);
(iii) termination of the contract — under the same conditions as in point (ii), with a proportionate refund for the unused period, within a maximum of 14 calendar days from termination, by the same means of payment;
(iv) damages — for the proven material prejudice caused by the non-conformity, within the limits of Art. 17.
The Consumer is not required to observe any particular order between these remedies except to the extent provided for by the applicable mandatory law; in particular, the Consumer is entitled to request directly a price reduction or termination where the non-conformity is of such a nature as to justify an immediate remedy (for example, a substantial non-conformity affecting data security).
12.7. Burden of proof (Art. 12 of Directive 2019/770). For digital services supplied continuously (all Access Periods of the Platform), the burden of proof regarding conformity throughout the contractual period lies with the Provider, within the applicable period (at least 2 years for the continuous supply of digital services).
12.8. Notification procedure. The Beneficiary will notify any non-conformity, including requests concerning missing or inadequate updates, by email to office@mindexy.com, with a detailed description of the problem. The Provider will confirm receipt within a maximum of 2 business days and will communicate a remediation plan with exact time frames within a maximum of 7 business days.
12.9. UAE consumers. For UAE consumers, the rights provided for in Art. 12.6 are exercised in parallel with the rights recognised by Federal Law No. 15/2020 and Cabinet Decision No. 66/2023, without these Terms restricting the mandatory protection of the applicable law.

13.1. All materials available on the Platform — including, without limitation, texts, images, graphics, videos, software, databases, educational methodologies, the structure and design of the Platform — are the exclusive property of the Provider or its licensors and are protected by UAE intellectual property legislation, the applicable international conventions and EU legislation, as the case may be.
13.2. Access to the Platform grants the Beneficiary a limited, non-exclusive, non-transferable and revocable licence to use the content exclusively for the purpose for which it was granted.
13.3. Copying, reproducing, distributing, modifying, decompiling, reverse engineering, reselling or making publicly available any element of the Platform is strictly prohibited without the prior written consent of the Provider.
13.4. Infringement of intellectual property rights entails civil and/or criminal liability in accordance with the applicable law.

14.1. The non-competition obligation applies exclusively to School Beneficiaries and other legal-person Beneficiaries (acting as Traders/Professionals) and is detailed in Part II, Art. II-3.
14.2. The non-competition obligation does NOT apply to: (a) Parent Beneficiaries or Individual Beneficiaries (acting as Consumers); (b) Teacher Beneficiaries who are natural persons (see Art. II-3.0). For the natural persons thus excluded, the protection of the Provider's legitimate interests is ensured through Art. 13 (intellectual property), Art. 15 (confidentiality) and Art. II-4 (prohibition on diverting contractually associated parties).
14.3. The provisions of Art. II-3 form an integral part of these Terms and are equally binding on any legal-person Beneficiary.

15.1. Categorisation — differentiated obligations. The extent of the confidentiality obligation differs according to the capacity of the Beneficiary, in accordance with the mandatory requirements of Directive 93/13/EEC on unfair terms (in particular Annex I(b) and (q)), of Directive (EU) 2019/2161 (Omnibus) on consumer protection, of the Charter of Fundamental Rights of the EU (Art. 11 — freedom of expression) and of the applicable UAE legislation. This article establishes two distinct regimes: (A) Professionals — Art. 15.2; (B) Consumers — Art. 15.3 and 15.4.
15.2. Confidentiality obligation — Professionals (B2B).
15.2.1. Scope of application. This Art. 15.2 applies exclusively to Beneficiaries acting in the capacity of Professionals (School Beneficiaries and Teacher Beneficiaries, including authorised natural persons, sole traders and other independent practitioners), when acting within their professional activity.
15.2.2. Confidential information. The Professional undertakes to maintain the confidentiality of the commercial, technical, methodological or organisational information obtained from the Provider through the use of the Platform, qualified as a trade secret within the meaning of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information, including, without limitation: (a) the proprietary pedagogical methodology; (b) the structure and sequencing of the educational content; (c) internal technical tools and algorithms; (d) commercial data (B2B pricing, licensing conditions, partnerships); (e) internal operational processes; (f) any information expressly marked "CONFIDENTIAL" by the Provider.
15.2.3. Use and non-disclosure. Confidential information may be used exclusively for the purpose of performing the contract and may not be disclosed to third parties without the prior written consent of the Provider.
15.2.4. Post-contractual duration. The confidentiality obligation provided for in this Art. 15.2 remains in force after termination of the contract for a period of 24 actual calendar months (calculated in accordance with Regulation (EEC, Euratom) No. 1182/71 and Art. 2 of these Terms), in accordance with the protection provided for by Directive (EU) 2016/943 and with the analogous provisions of UAE legislation on the protection of trade secrets.
15.3. Limited obligation — Consumers (Parent Beneficiaries and Individual Beneficiaries).
15.3.1. Inapplicability of the general post-contractual confidentiality obligation. Beneficiaries acting in the capacity of Consumers are NOT bound by a general post-contractual confidentiality obligation with respect to the public content of the Platform, the general pedagogical methodology, the structure of the lessons or any other information that the Consumer has perceived in the normal course of simply using the service. A general confidentiality obligation imposed on the consumer over information discovered in the course of using a consumer service would constitute a potentially unfair term within the meaning of Annex I(b) and (q) to Directive 93/13/EEC, being disproportionate to the interest protected and restricting the consumer's rights to express themselves publicly about the service.
15.3.2. Limited residual obligation — specific information. For the duration of the contract and for a period of 12 actual calendar months following its termination, the Consumer undertakes not to disclose to third parties exclusively the following limitative categories of information: (a) personal data of other identifiable users of the Platform (other students, parents, teachers), obtained incidentally (for example, in the course of support interactions); (b) technical access credentials, API keys or other security elements received individually; (c) documents or communications expressly marked "CONFIDENTIAL" by the Provider and transmitted individually to the Consumer (for example, in the context of a complaint, an investigation or a negotiation). This limited obligation is proportionate to the legitimate interest of the Provider and of the third parties concerned and does not restrict the Consumer's right to express themselves publicly about the service (see Art. 15.4).
15.3.3. Reciprocity — the Provider's obligation. The Provider is, in turn, bound by equivalent confidentiality obligations with respect to the Consumer's personal data and private information, in accordance with the GDPR, the UAE PDPL and the Privacy Policy published on the Platform.
15.4. The Consumer's right to public expression and reviews — express protection.
15.4.1. Reserved right. Consumers expressly retain the right to express themselves publicly about the quality, price, functionalities and personal experience with the Platform, including, without limitation: (a) publishing reviews on platforms such as Google Reviews, Trustpilot, Apple App Store, Google Play, Facebook, Instagram, TikTok, YouTube and other similar platforms; (b) posts on social networks; (c) discussions in online forums or parent groups; (d) warnings to other consumers or to the public regarding alleged deficiencies of the service; (e) complaints to consumer protection authorities, data protection authorities or other competent authorities. This right is recognised by Art. 11 of the Charter of Fundamental Rights of the EU (freedom of expression), Art. 10 of the European Convention on Human Rights, Directive (EU) 2019/2161 (Omnibus) and the case-law of the CJEU.
15.4.2. Objective limits of expression. The right provided for in Art. 15.4.1 is exercised in compliance with: (a) the prohibition of defamation, slander and false statements proven to be untrue; (b) the prohibition of disclosing the personal data of other identifiable users obtained through the Platform (Art. 15.3.2(a)); (c) the requirement of authenticity of reviews — reviews must reflect the author's genuine experiences, in accordance with Art. 7(6) and Annex I, points 23a–23c of Directive 2005/29/EC as amended by the Omnibus Directive.
15.4.3. Prohibition of "gag" clauses. No provision of these Terms may be interpreted as prohibiting, restricting, sanctioning or discouraging the Consumer's exercise of the right provided for in Art. 15.4.1. Any such interpretation would be null and void under Annex I(q) to Directive 93/13/EEC and the analogous provisions.
15.5. Image, name and voice — separate consent regime.
15.5.1. Principle — no implied consent. The Beneficiary does not, by merely accepting these Terms, grant any consent to the use of their name, image, voice, testimonial, personal case study or any other identifying element in the Provider's promotional, commercial, advertising or public relations materials. The processing of a child's voice for educational purposes, for pronunciation exercises or AI feedback, is distinct from the use of the voice for promotional purposes and is subject to the separate parental consent provided for in Annex 3 and in the Privacy and Data Protection Policy. Any such use is lawful exclusively on the basis of explicit, separate, freely given, specific, informed and unambiguous consent, in accordance with Art. 4(11), Art. 6(1)(a), Art. 7 and Recital 32 GDPR, with Federal Decree-Law No. 45/2021 (the UAE PDPL) and with the analogous provisions. Including the consent in the general clauses of these Terms or making the use of the Platform conditional on such consent would constitute a breach of Art. 7(4) GDPR (consent not freely given) and of Annex I(q) to Directive 93/13/EEC.
15.5.2. Consent-obtaining procedure. The Provider requests consent by means of a separate instrument (a dedicated form in the Account, a distinct email form or a written contract), which must mandatorily indicate, for each proposed use: (a) the specific purpose (for example, a testimonial on the home page, a photograph in a blog article, a voice in a podcast); (b) the exact distribution channels (website, specific social networks, printed materials, press, YouTube video, etc.); (c) the geographic area (country, EU, global); (d) the maximum duration of use (see Art. 15.5.4); (e) the identity of third-party recipients (marketing agencies, social media platforms), where applicable; (f) the express method of withdrawal in accordance with Art. 15.5.5. Consent must be obtained through a clear affirmative action (actively ticking an unticked box, distinct handwritten or electronic signature); pre-ticked boxes, inaction or general acceptance of the Terms do not constitute valid consent (Recital 32 GDPR; CJEU C-673/17 — Planet49).
15.5.3. Granularity — consent per purpose. Where the Provider intends multiple distinct uses (for example, a video testimonial for the website and a photograph for social networks and a quote in a press article), separate consent must be requested for each use, presented granularly in accordance with Art. 7(2) GDPR. The Beneficiary may accept some uses and refuse others, without the partial refusal affecting the validity of those accepted.
15.5.4. Maximum duration of consent. The consent granted is valid for a maximum period of 24 actual calendar months from the moment it is granted. Upon the expiry of this period, the Provider is obliged either to remove the materials from all active distribution channels or to request reconfirmation of the consent through the procedure provided for in Art. 15.5.2. The Beneficiary's inaction in response to the reconfirmation request amounts to tacit refusal; the materials are removed under the conditions of Art. 15.5.5.
15.5.5. Withdrawal of consent (Art. 7(3) GDPR) — as easy as granting it. The Beneficiary may withdraw consent at any time, without invoking any reason, by any of the following means, with no difference in complexity compared to the granting procedure:
(a) a dedicated "I withdraw my consent to the use of image/name/voice" button in the Account interface, if the use was granted through the Account;
(b) a written email to office@mindexy.com;
(c) a letter to the Provider's address in Art. 1.1.
Upon receipt of the withdrawal, the Provider will remove the materials as follows:
(i) digital channels directly controlled by the Provider (website, application, own social media accounts, active newsletter): a maximum of 7 business days;
(ii) third-party channels indirectly controlled (paid campaigns in progress, materials delivered to agencies, content indexed by search engines): a removal request made within a maximum of 7 business days, followed by monitoring of the actual removal within a maximum of 60 calendar days;
(iii) printed materials already distributed: no recovery obligation applies; future print runs are stopped immediately.
Withdrawal does not affect the lawfulness of the processing carried out prior to the withdrawal (Art. 7(3), final sentence, GDPR). Withdrawal does not give rise to any penalty, cost or expense for the Beneficiary and may not be treated as a breach of contract.
15.5.6. Right of review before publication. The Beneficiary has the right to view the final material containing their image, name or voice before its first publication, by transmission of the material to the Beneficiary's contact address. The Beneficiary has 7 calendar days from transmission to raise objections or requests for modification; the absence of a response within this time limit amounts to implicit approval for use in the form transmitted. This provision does not apply to minor updates (spelling corrections, trimming, cosmetic cropping) that do not materially alter the representation of the Beneficiary.
15.5.7. Compensation — optional and separate. The consent provided for in this article is, by default, free of charge. Where the Provider offers financial or in-kind compensation for the use of the Beneficiary's name, image or voice (for example, paid testimonials, brand ambassador contracts), that compensation is the subject of a separate contract, which does not alter the Beneficiary's right of withdrawal provided for in Art. 15.5.5; the financial consequences of withdrawal before the expiry of the separate contract are governed exclusively by that contract, under the conditions of the applicable mandatory law.
15.5.8. Transition to the Data Subject's majority. Where consent to the use of the image, name or voice of a minor was granted by the parent, legal guardian or Authorised Representative at Stage 2 (Annex 3), and the minor subsequently reaches the age of legal majority, the Provider will: (a) notify the former minor, at the available contact address, within a maximum of 30 calendar days from the attainment of majority, of the existence of the materials and of the right to confirm or withdraw the consent as an adult; (b) treat the materials as having valid consent for a transition period of 90 calendar days from the notification, during which period the former minor may confirm, modify or withdraw the consent; (c) in the absence of a response within the 90-day period, the materials are removed in accordance with Art. 15.5.5(i)-(iii). For recordings of minors' lesson sessions (internal educational use, distinct from marketing), the special provisions of Art. III-6 additionally apply.

16.1. B2B transactions: the right of withdrawal does not apply to contracts between professionals/traders.
16.2. EU/EEA consumers: in accordance with Directive 2011/83/EU, consumers have the right to withdraw from a distance contract, without penalty and without invoking any reason, within 14 calendar days from the date of conclusion of the contract. Exception: if the Beneficiary has expressly requested the commencement of the digital service and has confirmed their understanding of the loss of the right of withdrawal, this right can no longer be exercised (Art. 16(m) of the Directive). Further details in Annex 1.
16.3. UAE consumers: UAE legislation (Federal Law No. 15/2020) does not provide for an automatic right of withdrawal "without reason" for digital services. Nevertheless, UAE consumers are entitled to remedy or refund in the case of services that are non-conforming, defective or misleadingly presented.
16.4. Independently of the statutory rights, the Provider voluntarily offers a 7-day refund period for all users outside the EU/EEA, provided that the service has not been used. Full details in the Withdrawal and Refund Policy.

17.1. The Provider does not guarantee the uninterrupted, error-free or fully secure operation of the Platform. Access depends in part on external factors (the Beneficiary's internet connection, third-party services, force majeure).
17.2. The Provider is not liable for indirect damages, loss of profit, loss of data or consequential damages resulting from the use of or inability to use the Platform, to the maximum extent permitted by the applicable law.
17.3. Liability cap — the choice favourable to the Beneficiary. The Provider's total liability towards a Beneficiary (subject to Art. III-11.3 for Consumers), regardless of the legal basis, is limited to the greater of the following two amounts: (i) the amount actually paid by that Beneficiary in the 3 calendar months preceding the event giving rise to the liability; or (ii) the amount actually paid by that Beneficiary in the 90 (ninety) consecutive calendar days preceding the event giving rise to the liability. The cap thus determined applies to the totality of the claims arising from the same event. This wording eliminates any ambiguity arising from the difference between an actual calendar month and a fixed period of days.
17.4. The limitations of liability in this article do not apply in cases of wilful misconduct or gross negligence of the Provider and do not affect the mandatory consumer rights granted by the applicable law (EU/EEA or UAE).

18.1. Consumers: the contract terminates through: fulfilment of the obligations, mutual agreement, termination for non-conformity (under Art. 12), exercise of the right of withdrawal (as the case may be, under Art. 16), termination for non-performance (following written notice with a 15-day remediation period).
18.2. Traders/B2B: the contract terminates through: fulfilment of the obligations, mutual agreement, termination/rescission for material breach of the obligations (with the possibility of immediate suspension of access), unilateral termination with 15 days' written notice.
18.3. Non-payment when due releases the Provider from the obligation to provide the services and triggers the automatic suspension of access under Art. 6.6 and 8.1.
18.4. Upon termination of the contract, regardless of the reason, outstanding financial obligations remain due. The clauses concerning confidentiality, intellectual property, non-competition and limitation of liability survive the termination of the contract.

19.1. Neither Party will be liable for the non-performance or improper performance of obligations caused by force majeure events, as defined by the civil legislation of the UAE (Federal Law No. 5/1985 — the Civil Code, as subsequently amended) and, for EU/EEA consumers, by the legislation of the Member State of residence. The following are considered force majeure events, without the enumeration being limitative: (a) natural disasters (earthquakes, floods, major fires, volcanic eruptions, catastrophic storms); (b) pandemics, epidemics and mandatory sanitary measures (quarantines, lockdowns); (c) armed conflicts, war, civil war, terrorism, sabotage; (d) major cyber incidents — ransomware attacks affecting the infrastructure of the Provider or of its critical suppliers, large-scale DDoS attacks, zero-day exploits; (e) major disruptions of the internet infrastructure, of the cloud services (AWS, Cloudflare, GCP, Azure) or of the CDNs on which the Platform relies; (f) international sanctions, restrictive trade measures, embargoes and decisions of public authorities that prohibit or restrict the provision of the services; (g) governmental censorship or blocking of the Platform at national level; (h) general strikes or labour disputes on a national/regional scale; (i) the withdrawal or substantial modification of a mandatory licence or authorisation by a competent authority, without fault of the affected Party; (j) any other unforeseeable, unavoidable event beyond the control of the affected Party, in accordance with the criteria established by the applicable law.
19.2. The affected Party will notify the other Party within 5 days of the occurrence of the force majeure event.
19.3. If the force majeure situation persists for more than 30 days, either Party may request termination of the contract without the obligation to pay damages.

20.1. These Terms and Conditions and the contractual relationship between the Provider and the Beneficiary are governed by the laws of the United Arab Emirates.
20.2. Where the Beneficiary qualifies as a Consumer under the applicable law, the Beneficiary may resolve disputes through any of the following mechanisms, applicable at their habitual residence:
(a) the European Online Dispute Resolution (ODR) Platform: ec.europa.eu/consumers/odr, available to Consumers resident in the EU/EEA;
(b) the competent consumer protection authority of the Beneficiary's jurisdiction of residence, including, without limitation:
— France: DGCCRF — Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes;
— Germany: Bundesamt für Justiz / Verbraucherschlichtungsstelle;
— Italy: AGCM — Autorità Garante della Concorrenza e del Mercato;
— Spain: AECOSAN / OCU — Organización de Consumidores y Usuarios;
— Switzerland: SECO — Secrétariat d'État à l'économie, Bureau fédéral de la consommation (konsum.admin.ch);
— Norway: Forbrukertilsynet (forbrukertilsynet.no);
— Iceland: Neytendastofa (neytendastofa.is);
— Liechtenstein: Amt für Volkswirtschaft — Konsumentenschutz (avw.llv.li);
— United Kingdom: Citizens Advice / Chartered Trading Standards Institute (see Art. 24.8);
— UAE: Ministry of Economy — Consumer Protection Department (consumerrights.ae), telephone 600 522 225;
— any other jurisdiction: the competent consumer protection authority, the ombudsman or the alternative dispute resolution (ADR) body designated under the law applicable in the Beneficiary's country of residence;
(c) the competent courts of the Beneficiary's jurisdiction of habitual residence, in accordance with Regulation (EC) No. 593/2008 (Rome I), Art. 6(2), for Consumers resident in the EU/EEA, or with the analogous mandatory consumer protection provisions of other jurisdictions.
20.3. The minimum mandatory protection granted by the legislation of the Consumer's jurisdiction of habitual residence applies in addition to these Terms, in accordance with Regulation (EC) No. 593/2008 (Rome I), Art. 6(2), and with the analogous conflict-of-laws rules of other jurisdictions; nothing in these Terms will be interpreted as derogating from this mandatory protection.
20.4. The Parties will attempt to resolve any dispute amicably. Any disputes that cannot be resolved amicably will, in respect of relations with Traders/Professionals (School Beneficiaries and Teacher Beneficiaries), be subject to the competent courts of Sharjah, United Arab Emirates; in respect of relations with Consumers (Parent Beneficiaries and Individual Beneficiaries), the competent courts of the Consumer's jurisdiction of habitual residence will additionally have jurisdiction, in accordance with the mandatory protection in Art. 17–19 of Regulation (EU) No. 1215/2012 (Brussels I bis) and with the analogous instruments.

21.1. Communications between the Parties may be sent by email or by letter with acknowledgement of receipt, to the addresses indicated in this document or in the account.
21.2. These Terms are supplemented by the applicable law (UAE/EU). In the event of a conflict between these provisions and a separate contract concluded between the Parties, the provisions of the separate contract will prevail.
21.3. Partial invalidity: if any clause of this document is declared null or unenforceable by a competent court, the remaining clauses remain fully valid and enforceable. The affected clause will be interpreted or replaced with one that reflects the original intention of the Parties, to the extent permitted by law.
21.4. Waiver: the failure to exercise or the delayed exercise of any right conferred by these Terms by the Provider does not constitute a waiver of that right.
21.5. Assignment: the Beneficiary may not assign or transfer the rights and obligations arising from this contract without the prior written consent of the Provider. The Provider may assign the contract to an affiliated entity or a successor.
21.6. Amendment of the Terms — reference to the differentiated procedure. The Provider may amend this document exclusively in accordance with the differentiated procedures provided for in Art. 1.5–1.8, which provide for: (i) the distinction between non-material amendments (entering into force upon publication) and material amendments; (ii) for Consumers, 30 days' prior notice by individual email, explicit acceptance by click-wrap and the right to terminate without penalty with a proportionate refund in the event of refusal; (iii) for Professionals (B2B), 30 days' prior notice by email and display, with the right to terminate on 15 days' notice. The updated version, with the date of the last amendment and the version identifier, is permanently available in the "Terms and Conditions" section of the Platform; previous versions are accessible upon written request for a minimum of 5 years.

22.1. Legal framework and public commitment. The Provider undertakes to ensure the digital accessibility of the Platform for users with disabilities, in accordance with: (a) Directive (EU) 2019/882 (European Accessibility Act — EAA), applicable to e-commerce services provided to consumers in the EU/EEA as of 28 June 2025; (b) the harmonised European standard EN 301 549; (c) the Web Content Accessibility Guidelines (WCAG) 2.1 level AA published by the W3C; (d) the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the EU and the UAE; (e) Federal Law No. 29/2006 on the rights of persons with disabilities of the UAE ("My Community... a City for Everyone") and its secondary regulations; (f) the analogous provisions of other applicable jurisdictions, including the Accessibility for Ontarians with Disabilities Act (Canada), the ADA (USA) and the Equality Act 2010 (United Kingdom).
22.2. Applicable technical standard — WCAG 2.1 AA. The Provider undertakes that the Platform shall comply with the four fundamental principles (POUR):
(a) Perceivability — information and interface components must be presented to users in ways they can perceive (alternative text for images, captions for audio/video content, minimum contrast of 4.5:1 for normal text and 3:1 for large text);
(b) Operability — interface components and navigation must be operable (full keyboard navigation, no focus traps, sufficient time to read, absence of elements that may trigger epileptic seizures — no flashes >3Hz);
(c) Understandability — the information and operation of the interface must be understandable (clear language, predictable behaviour, input assistance, explicit error messages);
(d) Robustness — content must be robust enough to be interpreted by a wide range of user agents, including assistive technologies (compatibility with the NVDA, JAWS, VoiceOver, TalkBack screen readers; correct semantic HTML5 structure; ARIA attributes where necessary).
22.3. Concrete functionalities implemented. Without limitation to the below, the Platform provides: (a) descriptive alternative text for all images with informational value; (b) labels correctly associated with each form field; (c) correct hierarchical headings (H1-H6); (d) links with descriptive text (avoiding "click here"); (e) text scalable up to 200% without loss of content or functionality; (f) keyboard navigation for all interactive functionalities; (g) a visible focus indicator on active elements; (h) a logical tab order; (i) support for the operating system's high-contrast mode; (j) tested compatibility with the most recent versions of the main screen readers.
22.4. Accessibility statement (Art. 7 EAA). The Provider publishes and regularly updates an Accessibility Statement, available at https://www.mindexy.com/accessibility, which contains: (a) the level of conformity attained (full conformity, partial conformity or non-conformity); (b) the list of functionalities or sections temporarily non-conforming and the reasons; (c) the date of the last accessibility assessment; (d) the assessment method (self-assessment, external audit); (e) the feedback mechanism provided for in Art. 22.5; (f) the procedure for exercising the right to lodge a complaint with the competent authorities.
22.5. Feedback and assistance mechanism. Users who encounter accessibility difficulties or who identify non-conformities may report the issue through any of the following channels, at no additional cost and in an accessible format:
(a) email to office@mindexy.com with "ACCESSIBILITY" in the subject line;
(b) a dedicated form on the Accessibility Statement page;
(c) a letter to the Provider's address in Art. 1.1.
The Provider shall acknowledge receipt of the report within a maximum of 7 working days, shall provide a reasoned response within a maximum of 30 calendar days and, if the non-conformity is confirmed, shall communicate a remediation plan with exact deadlines. For users who cannot access a particular functionality due to a non-conformity, the Provider offers equivalent alternative assistance (for example, transmitting the information through another accessible channel, telephone assistance or assisted email support) until remediation.
22.6. Exceptions — disproportionate burden (Art. 14 EAA). In accordance with Art. 14 of Directive (EU) 2019/882, certain individual accessibility requirements may not be implemented where implementation would impose a disproportionate burden on the Provider, assessed by reference to: (a) the ratio of the implementation costs to the Provider's total operational costs; (b) the estimated cost and estimated benefits for persons with disabilities, taking into account the frequency and duration of use; (c) the ratio of costs to the Provider's revenue. The Provider expressly documents any such assessment, publishes it in the Accessibility Statement (Art. 22.4) and re-evaluates it at least once every 5 years or upon each significant change of circumstances. These exceptions do not apply to the basic requirements (Annex I, Section I, EAA).
22.7. Microenterprise status — voluntary commitment. The Provider (Wiki Kids Online FZC) has the status of a microenterprise as defined in Commission Recommendation 2003/361/EC (fewer than 10 employees and a turnover below EUR 2 million), for which Art. 4(5) of the EAA provides a conditional derogation regarding services. Nevertheless, the Provider assumes the voluntary and enforceable commitment to comply with the requirements set out in Art. 22.1–22.6, since digital accessibility constitutes an essential component of its inclusive educational mission. This voluntary commitment is binding vis-à-vis the Beneficiaries and may be invoked as a basis for exercising the remedies provided for in Art. 12.6 (bringing into conformity, price reduction, termination, damages).
22.8. Consumers' rights — cumulative remedies. Non-conformity with the accessibility requirements set out in this article constitutes a non-conformity of the digital services within the meaning of Art. 12 and opens for the Consumer the hierarchy of remedies provided for in Art. 12.6. Consumers with disabilities additionally have the right to lodge a complaint with: (a) the national EAA enforcement authority in their member State of residence (for example, the DGCCRF for France, BNetzA for Germany, AGCM for Italy, OCU/AECOSAN for Spain, the supervisory authority designated under the national act transposing the EAA in other member States); (b) the Ministry of Community Development of the UAE for users in the Emirates; (c) the ombudsman for the rights of persons with disabilities, where one is designated. These rights may not be limited or excluded by these Terms.

23.1. Legal framework. This article implements the requirements applicable to the Provider in its capacity as a hosting service provider within the meaning of Regulation (EU) 2022/2065 on a single market for digital services (Digital Services Act — "DSA"), fully in force as of 17 February 2024, as well as of the Charter of Fundamental Rights of the EU (Art. 11 — freedom of expression; Art. 24 — the rights of the child), of the UAE Federal Decree-Law No. 34/2021 on combating rumours and cybercrimes and of the analogous provisions of other applicable jurisdictions.
23.2. Definition of User-Generated Content (UGC). For the purposes of these Terms, "User-Generated Content" or "UGC" means any information, text, image, file, recording, comment, testimonial or other material provided, uploaded or transmitted on the Platform by a Beneficiary or by a person acting on their behalf, including without limitation: (a) messages transmitted through the support system or the messaging system; (b) files and teaching materials uploaded by School Beneficiaries or Teacher Beneficiaries; (c) students' answers, solved exercises and productions; (d) profile data and files (photograph, description, biography); (e) reviews, testimonials and comments, where dedicated mechanisms exist. UGC does not include: the content, exercises, lessons, tools and educational materials created and made available by the Provider.
23.3. Beneficiary's obligations — prohibited categories. The Beneficiary undertakes not to provide, upload, transmit or make available on the Platform any UGC that:
(a) is unlawful under the legislation applicable at the Beneficiary's residence, at the Provider's registered office (UAE) or of any other relevant jurisdiction;
(b) constitutes hate speech, defamation, calumny, harassment, threats or incitement to violence or discrimination against any person or group;
(c) constitutes child sexual exploitation material (CSAM), content that exposes minors to risk, or any form of "grooming" — an absolute prohibition, without exception;
(d) infringes the intellectual property rights of third parties (copyright, trademarks, patents, trade secrets);
(e) contains malware, viruses, malicious code, links to phishing, fraudulent schemes or scams;
(f) constitutes spam, unsolicited marketing, pyramid schemes, multi-level marketing or impermissible advertising;
(g) is extreme violent, terrorist content or content that promotes real violent acts;
(h) discloses personal data of other identifiable users without a legal basis (see Art. 15.3.2);
(i) infringes the safety of minors or the special prohibitions provided for in Part III of these Terms.
23.4. Licence granted to the Provider — limited in purpose. By providing UGC, the Beneficiary grants the Provider a non-exclusive, free-of-charge, worldwide, revocable licence to store, technically reproduce, transmit and display the UGC solely for the technical purpose of providing the Platform's services to the Beneficiary and to authorised persons (for example, the teacher to whom a student submits a piece of work). This licence confers on the Provider no right of commercial, promotional or derivative-creation use of the UGC; any use for promotional, marketing or public-testimonial purposes requires separate consent, in accordance with Art. 15.5.
23.5. Content moderation — principles (Art. 14 + 16 DSA). The Provider reserves the right, but assumes no general obligation, to moderate UGC. Moderation may be: (a) automated — through technical filters, automatic CSAM detection (using standard hashes, for example NCMEC), malware/phishing detection, anti-spam filters; (b) reactive — upon receipt of a notice under Art. 23.6 or of an order from a competent authority; (c) pre-publication — for specific sensitive categories (for example, public content visible to all minor users). The moderation criteria are those set out in Art. 23.3 and are applied in good faith, transparently and without arbitrariness, in accordance with the principles of proportionality and freedom of expression provided for in Art. 14(4) DSA and Art. 11 of the EU Charter.
23.6. Notice mechanism — "notice and action" (Art. 16 DSA). Any person or entity may notify the Provider regarding content presumed to be unlawful or in breach of these Terms, by:
(a) email to office@mindexy.com with "CONTENT REPORT" in the subject line;
(b) a dedicated form published on the Platform (development planned).
The notice must mandatorily contain, in accordance with Art. 16(2) DSA: (i) an explanation of the reasons why the reporter considers the content to be unlawful or in breach of the Terms; (ii) a clear indication of the electronic location of the content (URL); (iii) the name and email address of the reporter (subject to anonymity for reports of serious offences); (iv) a statement of good faith that the information is accurate and complete. The Provider acknowledges receipt within a maximum of 24 hours, assesses the notice within a maximum of 72 hours for potentially serious unlawful content and within a maximum of 7 days for other types, and communicates the decision to the reporter. Trusted flaggers certified under Art. 22 DSA benefit from priority processing.
23.7. Statement of reasons (Art. 17 DSA). Where the Provider takes measures regarding UGC (removal, restriction of visibility, account suspension, account termination), it shall communicate to the affected Beneficiary a clear and specific statement of reasons containing: (a) the relevant facts and circumstances; (b) the category of breach invoked (with reference to Art. 23.3 or a specific legal provision); (c) the legal basis (T&C and/or legislation); (d) the duration of the measure (definitive or temporary); (e) the Beneficiary's right to challenge the decision, in accordance with Art. 23.8. The statement is transmitted at the latest at the time the measure is applied.
23.8. Internal complaints — appeal (Art. 20 DSA). A Beneficiary affected by a measure provided for in Art. 23.7 has the right to challenge the decision through an internal complaint-handling system, free of charge and easily accessible:
(a) filing deadline: 6 months from communication of the decision (Art. 20(1) DSA);
(b) channel: email to office@mindexy.com with "MODERATION APPEAL" in the subject line;
(c) reviewer: a person other than the one who took the initial decision, with appropriate training;
(d) decision deadline: a maximum of 14 calendar days from receipt of the complaint;
(e) content of the decision: an extended statement of reasons on the upholding, amendment or withdrawal of the initial measure.
The revised decision is binding on the Provider, without prejudice to the Beneficiary's right to resort to the mechanisms provided for in Art. 23.9.
23.9. Alternative dispute resolution (Art. 21 DSA). A Beneficiary dissatisfied with the outcome of the internal complaint may resort to bodies certified for out-of-court dispute resolution under Art. 21 DSA, listed on the European Commission's website (the list of digital services coordinators). The decisions of these bodies are not binding on the parties except to the extent provided for by the rules of each body; the Beneficiary retains the right to resort to the competent courts in accordance with Art. 20.
23.10. Combating abusive users (Art. 23 DSA). Beneficiaries who: (a) repeatedly provide UGC that infringes Art. 23.3; (b) submit manifestly unfounded notices with frequency; or (c) file manifestly unfounded complaints with the internal appeal system — may be subject to progressive measures: written warning → temporary suspension (of proportionate duration) → termination of the Account in accordance with the procedure of Art. 8.2. The application of these measures shall take into account, in accordance with Art. 23(2) DSA: (i) the absolute number of infringements; (ii) their relative gravity; (iii) the intent; (iv) the ratio of unlawful content to compliant content; (v) the case of minors — with enhanced protection.
23.11. Protection of minors (Art. 28 DSA). For Accounts associated with minors, the Provider applies specific enhanced measures: (a) no advertising based on profiling (an absolute prohibition under Art. 28(2) DSA); (b) additional automatic filters to prevent exposure to inappropriate content; (c) the impossibility of autonomous enrolment (see Art. III-4.3 — mandatory involvement of an adult); (d) prompt cooperation with specialised bodies (for example, INHOPE, NCMEC, the national authorities) in the event of a report of CSAM content or of serious risk to minors; (e) implementation of the "safety by design" principles in accordance with the European Commission's guidelines on the online protection of minors (Art. 28(4) DSA).
23.12. Microenterprise status — partial derogations + voluntary commitment (Art. 19 DSA). The Provider (Wiki Kids Online FZC) has the status of a microenterprise under Commission Recommendation 2003/361/EC, for which Art. 19 DSA provides a derogation from certain obligations (in particular the obligations set out in Section 3 of Chapter III DSA — annual transparency reports, reporting to the DSA database). Nevertheless, the Provider assumes the voluntary and enforceable commitment to fully comply with the obligations set out in Art. 23.3–23.11, as an expression of its values of transparency and accountability. This voluntary commitment may be invoked by Beneficiaries as a basis for the remedies provided for in Art. 12.6.
23.13. Point of contact (Art. 11 + 12 DSA). The Provider designates as a single point of contact: (a) for the authorities of the member States, the European Commission and the European Board for Digital Services (Art. 11 DSA), the address office@mindexy.com with "DSA AUTHORITIES" in the subject line; (b) for the recipients of the service (users) (Art. 12 DSA), the same address office@mindexy.com. Communication may be carried out in English or Romanian, without prejudice to the obligation to respond also in other official languages of the EU where specific provisions so require.

24.1. To the extent that the Platform is offered to users habitually resident in the United Kingdom, the mandatory consumer-protection and data-protection rights applicable to them are not limited by these Terms.
24.2. Aspects concerning the processing of the personal data of users in the United Kingdom, including the rights of data subjects, any international transfers, cookies and electronic communications, are governed primarily by the Privacy and Data Protection Policy, to the extent that the Platform targets such users.
24.3. As regards consumer, digital services, compliance and remedies aspects, users in the United Kingdom may benefit from the mandatory protection afforded by the legislation applicable at their residence, without the law chosen in Art. 20 being able to reduce that protection.

In accordance with Directive 2011/83/EU, consumers in the EU/EEA have the right of withdrawal within 14 calendar days of the conclusion of the digital services contract, without giving any reason.
Exceptions: the right of withdrawal does not apply to digital services whose supply has begun with the consumer's express consent and with the acknowledgement of the loss of the right of withdrawal, pursuant to Art. 16(m) of Directive 2011/83/EU.
Exercise: withdrawal is communicated through an unequivocal statement (email to office@mindexy.com) or by using the form in Annex 2.
Refund: in the event of a valid exercise of the right of withdrawal, the refund is made without undue delay, within a maximum of 14 calendar days, using the same method of payment, subject to the legal exceptions. For services provided in part, the Provider may withhold an amount proportionate to the value of the services already rendered.
The mandatory protection afforded by the legislation of the consumer's member State of residence prevails where it offers a higher level of protection.

To be completed and sent only if you wish to withdraw from the contract (where the right of withdrawal is applicable).
To: Wiki Kids Online FZC — office@mindexy.com
Full name: [●]
Address: [●]
Email: [●]
Phone: [●]
Services from which I am withdrawing: [●]
Invoice No./Date: [●]
Account for refund (if applicable): [●]
Signature (if on paper): ________
Date: [●]

II-1.1. This Part II applies exclusively to School Beneficiaries and Teacher Beneficiaries, as defined in Art. 2 and Art. 3.2(a)-(b), who act as Traders/Professionals within the meaning of Directive 2011/83/EU and of the analogous provisions of the applicable law. The provisions of this Part II supplement, and do not replace, the general provisions of Part I.
II-1.2. The provisions of this Part II do not apply to Parent Beneficiaries or Individual Beneficiaries (acting as Consumers); the provisions applicable to them are set out in Part III.
II-1.3. In the event of a conflict between this Part II and Part I, the provisions of this Part II shall prevail with respect to School and Teacher Beneficiaries.

II-2.1. A School Account is intended exclusively for use by the School Beneficiary to whom it was issued and by its duly authorised teachers, instructors, employees or collaborators, acting within the scope of their professional duties for that School Beneficiary. A Teacher Account is intended exclusively for use by the Teacher Beneficiary to whom it was issued.
II-2.1.bis. Definition of "due authorisation". For the purposes of this article, a person is considered duly authorised by the School Beneficiary if and only if: (a) they are named specifically in a written document (electronic or on paper) issued by the legal representative of the School Beneficiary, containing: the person's full identity (surname, first name, function), the specific purposes of the access, the duration of the authorisation and the confidentiality obligation; (b) they have signed (electronically or in handwriting) an undertaking of confidentiality and of compliance with these Terms, kept available to the Provider upon request; (c) they appear on an updated internal list of authorised persons, kept by the School Beneficiary and made available to the Provider within a maximum of 7 working days of a reasoned written request. Changes to the list (additions, removals, changes of purpose) must be reflected within a maximum of 30 calendar days of the occurrence of the event that justifies them. This obligation implements the requirements of Art. 32(4) GDPR (persons acting under the authority of the Controller process the data exclusively on the basis of documented instructions) and the analogous requirements of the UAE PDPL.
II-2.2. It is strictly prohibited for any School Beneficiary or Teacher Beneficiary to share, transfer, sell, rent, sublicense or, in any other manner, make available, in whole or in part, the Account, the credentials or access to the Platform to or for:
(a) another school, educational institution or distinct legal entity;
(b) another teacher or instructor not duly authorised by the relevant School Beneficiary;
(c) any third party that has not entered into its own contract with the Provider.
II-2.3. Each school, training centre or distinct legal entity wishing to access the Platform must create its own Account and pay the applicable price individually.
II-2.4. Breach of this article results in the immediate suspension of the Account, without prior notice and without the right to a refund of the amounts paid for the current Access Period. The Provider reserves the right to claim damages for any harm caused, including, as the case may be, the equivalent of the price of the Access Periods not purchased that would have been due by the unauthorised user.
II-2.5. The Provider has the right to verify compliance with this article at any time, including by analysing access patterns (locations, devices, frequency, IP addresses) and by requesting documentary evidence regarding the identity of the persons accessing the Account.

II-3.0. Restricted scope of application. This article II-3 (post-contractual non-competition clause) applies exclusively to School Beneficiaries and other legal-entity Beneficiaries acting as Traders/Professionals. This article II-3 does NOT apply to Teacher Beneficiaries who are natural persons, regardless of the legal form under which they carry out their professional activity (authorised natural person, sole proprietorship, independent professional or any other form of organisation of a natural person). For Teacher Beneficiaries who are natural persons, the protection of the Provider's legitimate interests is ensured exclusively through: (i) Art. 13 (intellectual property rights), (ii) Art. 15 (confidentiality) and (iii) Art. II-4 (prohibition on the diversion of contractually associated parties). This exclusion reflects the mandatory requirements of European and international law regarding the validity of non-competition clauses applicable to natural persons, in particular the necessity of a proportionate financial consideration (see, without limitation, Art. 2125 of the Italian Civil Code, § 74 et seq. of the German Commercial Code [HGB], the settled case-law of the French Cour de Cassation — Chambre Sociale, judgment of 10 July 2002 No. 00-45.135 and subsequent judgments —, as well as the principles recognised at international level by ILO Recommendation No. 198/2006 concerning the employment relationship and the analogous provisions of the EU and EEA Member States).
II-3.1. For the duration of the contract and for a period of 12 effective calendar months following its termination (calculated in accordance with Regulation (EEC, Euratom) No 1182/71 and Art. 2 of these Terms), the School Beneficiary (and, as the case may be, any other legal-entity Beneficiary) undertakes not to create, develop, operate, license, distribute or participate in the creation of competing platforms, services, products or educational materials, based, in whole or in part, on the Provider's protected know-how, on the Provider's proprietary materials, methodology, structure or sequencing accessed through the Platform.
II-3.1.bis. Definition of "protected know-how". For the purposes of Art. II-3.1, "protected know-how" means exclusively the information that cumulatively meets the three criteria set out in Art. 2(1) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information, namely: (i) it is secret — in the sense that, as a body or in the precise configuration and assembly of its components, it is not generally known or readily accessible to persons within the circles that normally deal with the kind of information in question; (ii) it has commercial value because it is secret; (iii) it has been subject to reasonable steps under the circumstances, on the part of the Provider, to keep it secret (access controls, "CONFIDENTIAL" marking, confidentiality agreements, encryption). Information that does not cumulatively meet these three criteria — in particular the general pedagogical methodology available publicly, lesson structures reproducible through normal observation of the service, educational principles recognised at international level — does not constitute protected know-how within the meaning of this article and may be used freely by the Beneficiary.
II-3.2. The non-competition obligation extends to any direct or indirect participation of the legal-entity Beneficiary, whether as founder, shareholder, director, employee, consultant, licensor or licensee, in any undertaking whose activity falls within the scope of application of Art. II-3.1.
II-3.3. The non-competition obligation is justified by the Provider's legitimate interest in protecting its know-how, methodology, investment in content development and the integrity of its Platform's ecosystem; it is limited geographically to the territories in which the Provider markets the Platform and is proportionate to that legitimate interest.
II-3.4. Breach of this article obliges the legal-entity Beneficiary to fully compensate the Provider for any damage caused, including lost profit and reputational harm.
II-3.5. For the avoidance of any doubt, this article does not prevent the legal-entity Beneficiary from independently creating original educational materials that are not based on the Provider's materials, methodology or know-how.
II-3.6. Natural persons — equivalent protection by other means. For Teacher Beneficiaries who are natural persons excluded from the scope of application of this article pursuant to Art. II-3.0, the following remain fully applicable and binding: (a) Art. 13 — the prohibition on copying, reproducing, distributing, modifying, decompiling, reverse-engineering, reselling or making publicly available the Provider's materials; (b) Art. 15.2 — the B2B confidentiality obligation for a period of 24 months post-contract regarding the Provider's commercial, technical, methodological or organisational information qualifying as a trade secret (Directive (EU) 2016/943); (c) Art. II-4 — the prohibition on the diversion of students, parents, clients, partners or other contractually associated parties of another Beneficiary of the Platform.

II-4.1. The School Beneficiary and the Teacher Beneficiary undertake not to use the Platform, or any data, contact information, materials, communication channels or relationships accessed through the Platform, for the purpose of soliciting, contacting, recruiting, transferring or otherwise diverting the students, parents, clients, partners or other contractually associated parties of another Beneficiary of the Platform, regardless of whether that Beneficiary uses the same course, a different course or several courses offered by the Platform, having regard to the unitary nature of the Platform's ecosystem and the extensibility of any Account across courses.
II-4.2. The Provider has the right, at any time and at its sole discretion — including on the basis of a reasonable suspicion, an internal risk assessment or credible information received from any source (regardless of whether the acts described above have already occurred, have been completed or have been formally proven) — to adopt appropriate protective measures (including, without limitation, refusal of activation, suspension or termination of an Account) in order to protect its existing Beneficiaries and the integrity of the Platform's contractual ecosystem.
II-4.3. The Provider's right under this article is founded on internationally recognised principles regarding protection against unfair competition, in particular:
(a) Article 10bis of the Paris Convention for the Protection of Industrial Property of 1883, as revised, providing protection against acts of unfair competition;
(b) Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), providing protection against unfair commercial use of confidential business information;
(c) the analogous provisions of the laws of the United Arab Emirates and of the European Union on unfair commercial practices and the protection of business relationships.
II-4.4. Breach of this article obliges the School Beneficiary or Teacher Beneficiary to fully compensate the Provider and any affected Beneficiary for any damage caused.

II-5.1. Roles. Where a School Beneficiary or Teacher Beneficiary uses the Platform to provide educational services to its own Students and processes the personal data of those Students through the Platform, the parties acknowledge and agree that:
(a) the School Beneficiary or the Teacher Beneficiary acts as Data Controller in respect of the personal data of its Students, parents and contractually associated parties, within the meaning of Art. 4(7) GDPR and of the analogous provisions of the UAE PDPL;
(b) the Provider acts as Processor on behalf of the Beneficiary, within the meaning of Art. 4(8) GDPR and of the analogous provisions of the UAE PDPL, processing this personal data exclusively on the basis of the documented instructions of the Beneficiary, as set out in these Terms and in the Privacy Policy.
II-5.2. Subject matter, duration, nature and purpose of the processing. The Provider processes the personal data of the Students and of their parents/guardians exclusively for the purpose of providing the Platform services contracted by the Beneficiary, for the duration of the Access Period and for the retention periods set out in the Privacy and Data Protection Policy or required by the applicable law. The categories of data processed may include, as the case may be: identification and contact data, data about the Student Account, data on educational progress and activity, results and statistics, session recordings, voice sequences for pronunciation exercises/AI feedback, evidence of parental consents, logs and technical metadata. The categories of data subjects are: Students, parents/guardians/authorised representatives and the Beneficiary's authorised teachers/collaborators.
II-5.3. Sub-processors / suppliers. The Provider may engage sub-processors or suppliers that process data in connection with the Platform, including, as the case may be, providers of hosting, payment processing, video, email/SMTP, invoicing, technical support, traffic/cookie analytics, security and AI services. The list of the main suppliers is indicated in the Privacy and Data Protection Policy, and the complete and updated list may be requested at office@mindexy.com. The Provider undertakes to impose on each sub-processor data protection obligations no less strict than those set out in this article, to the extent applicable.
II-5.4. Security measures. The Provider implements appropriate technical and organisational measures, within the meaning of Art. 32 GDPR, including encryption, access control, resilience mechanisms and periodic security testing. Further details are set out in the Privacy Policy.
II-5.5. Data subject rights. The Provider undertakes to assist the Beneficiary, through appropriate technical and organisational means, in handling requests for the exercise of data subjects' rights (access, rectification, erasure, restriction, portability, objection) within the time limits set out in Art. 12 GDPR.
II-5.6. Notification of personal data breaches. Where the Provider acts as processor, it undertakes to inform the Beneficiary without undue delay after becoming aware of a personal data breach affecting the data processed on behalf of the Beneficiary. The Provider shall provide the information reasonably available so that the Beneficiary, in its capacity as controller, can fulfil its own obligations set out in Art. 33–34 GDPR. Where the Provider acts as an independent controller, it fulfils its own notification obligations in accordance with the Privacy and Data Protection Policy.
II-5.7. Audit. The Beneficiary has the right, at its own expense and with reasonable prior notice (a minimum of 30 days), to audit the Provider's compliance with this article, either directly or through an independent auditor accepted by the Provider. Audits are carried out in a manner that minimises disruption to the Provider's operations.
II-5.7.bis. Urgent audit in the event of a breach — exception to the 30-day notice. The notice period set out in Art. II-5.7 does not apply where the Beneficiary invokes, with reasons and on the basis of verifiable facts, any of the following: (a) a confirmed personal data breach notified in accordance with Art. II-5.6; (b) a reasonable suspicion, supported by credible evidence, of such a breach or of a material breach of the data processing obligations; (c) a formal request from a competent supervisory authority (for example, CNIL, BfDI, AEPD, Garante, DPC, ICO, UAE Data Office) in the context of an ongoing investigation. In these cases, the Beneficiary may request an immediate audit with 24 hours' notice. The Provider's unjustified refusal to submit to a legitimate urgent audit constitutes a material breach of these Terms and entitles the Beneficiary to terminate the contract with immediate effect, without penalties, with a proportionate refund for the unused Access Period and without prejudice to the remedies set out in Art. 12.6 or in Art. 82 GDPR.
II-5.8. Return or erasure of data. On termination of the contract, the Provider shall return, erase or anonymise, at the Beneficiary's choice and to the extent technically available, the personal data processed on behalf of the Beneficiary, in compliance with the retention periods set out in the Privacy and Data Protection Policy. Data may subsequently be retained only to the extent necessary for legal obligations, invoicing/accounting, the defence of rights, incident management, proof of consents or other grounds permitted by law.
II-5.9. Separate DPA. A separate and more detailed Data Processing Agreement is available at no additional cost upon written request at office@mindexy.com. The provisions of this article constitute a binding processing agreement in accordance with Art. 28 GDPR between the parties, until such a separate document is concluded.
II-5.10. Precedence of the separate DPA over Part II in matters of processing. Where a separate Data Processing Agreement (DPA) is concluded and signed between the Provider and the Beneficiary, the provisions of that DPA shall prevail over the provisions of this Part II with regard to the processing of personal data — to the extent of the conflict — without prejudice to the other provisions of these Terms, which remain fully applicable. This precedence clause reflects the specificity requirement of Art. 28(3) GDPR (documented instructions of the Controller) and the principle "lex specialis derogat generali" recognised in the applicable law.
On termination of the relationship with the Beneficiary, the Provider erases, anonymises or returns the data processed on behalf of the Beneficiary, in accordance with the Beneficiary's reasonable instructions and the Privacy Policy, with the exception of data that must be retained for legal obligations, the defence of rights, security, incidents or proof of consents. The public and internal retention periods must be identical and technically implemented.
II-5.15. Erasure, return and operational retention.
Where processing carried out through the Platform may generate a high risk, the Provider shall offer the Beneficiary the information available and reasonably necessary for carrying out a data protection impact assessment, including with regard to children, voice, AI, educational progress, security and the suppliers involved.
II-5.14. Assistance with DPIA and prior consultation.
To the extent that the data processed on behalf of the Beneficiary is transferred or accessed from outside the EU/EEA, including from the United Arab Emirates or through suppliers in the USA, the Provider shall use appropriate safeguards in accordance with the GDPR, including Standard Contractual Clauses, transfer assessments and supplementary measures, as the case may be. Transfers are carried out only within the limits necessary for providing the Platform and in accordance with the Privacy Policy.
II-5.13. International transfers on documented instructions.
The Provider ensures that the persons authorised to process personal data within the Platform are subject to an obligation of confidentiality and receive adequate instructions regarding the processing of data, access to children's data, account security and incident management.
II-5.12. Confidentiality of authorised persons.
The Provider shall inform the Beneficiary, within a reasonable period, of any relevant addition or replacement of a sub-processor that processes students'/parents' data on behalf of the Beneficiary. The Beneficiary may raise reasoned objections where the new sub-processor presents a reasonable risk to data protection. In the absence of a reasonable solution, the Beneficiary may cease using the affected function or the contract, with a proportionate refund if the law or the contract so requires.
The Provider may use sub-processors only if they are necessary for providing the Platform and if they are subject to data protection obligations at least equivalent to those undertaken by the Provider. The list of the main sub-processors is indicated in the Privacy Policy and in the internal register of suppliers.
II-5.11. Authorisation of sub-processors and the right of objection.

II-6.1. Where a School Beneficiary or Teacher Beneficiary collects from a parent, legal guardian or Authorised Representative the personal data of a minor (including, without limitation, the name of the parent and of the minor, the minor's date of birth, the email address and the telephone number) for the purpose of creating a Student Account through the Platform, the School Beneficiary or Teacher Beneficiary undertakes, before collecting any such personal data:
(a) to inform the parent, legal guardian or Authorised Representative, in writing and in a clear and intelligible manner, of the existence, content and location (URL) of these Terms and Conditions and of the Platform's Privacy Policy;
(b) to give the parent, legal guardian or Authorised Representative a reasonable opportunity to read these Terms and the Privacy and Data Protection Policy before transmitting any personal data;
(c) to obtain the informed written or electronic agreement of the parent, legal guardian or Authorised Representative (by email, signed form, electronic form or other equivalent written means) for (i) the creation of the Student Account, (ii) the processing of the minor's personal data through the Platform in accordance with these Terms and the Privacy and Data Protection Policy, and (iii) the involvement of the parent, legal guardian or Authorised Representative as a Parent Beneficiary within the meaning of Art. 3.2(c). Optional consents for voice, AI, recordings or marketing must be obtained separately, through distinct checkboxes or equivalent instruments.
II-6.2. Presumption of acceptance — Stage 1. By transmitting the minor's personal data and its own to the School Beneficiary or Teacher Beneficiary for the purpose of creating the Account, the parent, legal guardian or Authorised Representative declares that they have been informed by that School Beneficiary or Teacher Beneficiary of the existence and content of these Terms and of the Privacy Policy and are deemed to have accepted them in principle, subject to the definitive contractual acceptance at the first login to the Account, pursuant to Art. III-2 (Stage 2).
II-6.3. Documentary evidence. The School Beneficiary or Teacher Beneficiary undertakes to keep the documentary evidence of the information provided and of the consent obtained from the parent, legal guardian or Authorised Representative (whether in electronic format or on paper) for the entire duration of the relevant Account plus an additional period of three (3) years. This evidence shall be provided to the Provider upon request, in particular in the event of any complaint, claim, investigation or audit by a supervisory authority.
II-6.4. Acceptable forms of consent. Acceptable forms of written and informed consent include, without limitation:
(a) a signed paper enrolment form, containing a clear reference to these Terms and the Privacy and Data Protection Policy and a ticked acceptance box;
(b) an email from the parent's email address confirming acceptance of these Terms and the Privacy Policy;
(c) an electronic enrolment form, including a timestamp, IP address and a ticked acceptance box;
(d) any other written form that demonstrably proves a freely given, specific, informed and unambiguous consent within the meaning of Art. 4(11) GDPR and of the analogous provisions of the applicable law.

II-7.1. The School Beneficiary or Teacher Beneficiary is and remains solely liable for any non-compliance with Art. II-6, including any failure to inform the parent, legal guardian or Authorised Representative or to obtain the written and informed consent required therein.
II-7.2. The School Beneficiary or Teacher Beneficiary undertakes to indemnify, defend and hold harmless the Provider against any claim, complaint, investigation, fine, penalty, sanction, damage or cost (including reasonable legal fees) arising directly or indirectly from any non-compliance with Art. II-6, including, without limitation, claims by parents, legal guardians, minors, supervisory authorities (such as CNIL — France, BfDI — Germany, AEPD — Spain, Garante — Italy, DPC — Ireland, EDPB at European level, UAE Data Office under Federal Decree-Law No. 45/2021 or any other competent data protection authority) or by any third parties.
II-7.3. The Provider may treat any failure of the School Beneficiary or Teacher Beneficiary to provide, upon request, the documentary evidence required by Art. II-6.3 as a presumption of non-compliance with Art. II-6, with the consequences set out in Art. 8 (suspension) and in this article.
II-7.4. The indemnification set out in this article is not subject to the general limitation of liability set out in Art. 17.3.

III-1.1. This Part III applies to:
(a) any parent, legal guardian or Authorised Representative of a minor whose personal data is or will be processed through the Platform, whether the relevant Account is created by a School Beneficiary or Teacher Beneficiary on behalf of the minor (Art. II-6) or, exceptionally, directly by the parent or guardian; and
(b) any Individual Beneficiary (an adult natural person using the Platform for personal, non-professional purposes), mutatis mutandis, to the extent compatible with the absence of a minor.
III-1.2. Nature of the relationship. Where a minor's Account is created through a School Beneficiary or Teacher Beneficiary, the parent, legal guardian or Authorised Representative is not a direct contracting party of the Provider with respect to the educational services contracted by the School Beneficiary or Teacher Beneficiary. However, with respect to the use of the Platform on behalf of the minor, the processing of the minor's personal data and the exercise of the rights and obligations under Art. III-2 to Art. III-11, the parent, legal guardian or Authorised Representative acts as a Parent Beneficiary and is bound by, and entitled to invoke, the provisions of these Terms.
III-1.3. The mandatory consumer protection rights granted to the Parent Beneficiary or Individual Beneficiary by the law of their jurisdiction of habitual residence (in particular Directive 2011/83/EU, Directive (EU) 2019/770, Directive 93/13/EEC, the GDPR, the PDPL and analogous provisions) apply in addition to these Terms and shall prevail to the extent of any conflict.

III-2.1. Stage 1 — through the School Beneficiary or Teacher Beneficiary. Where the parent, legal guardian or Authorised Representative transmits the minor's personal data to a School Beneficiary or Teacher Beneficiary for the purpose of creating the Account, the School Beneficiary or Teacher Beneficiary informs the parent, legal guardian or Authorised Representative about these Terms and the Privacy and Data Protection Policy and obtains their written and informed consent, as provided in Art. II-6. By transmitting such data, the parent, legal guardian or Authorised Representative is deemed to have accepted these Terms in principle (Art. II-6.2), subject to Stage 2.
III-2.2. Stage 2 — at first login. Upon first login to the Student Account created on behalf of the minor (or to the Individual Account, as applicable), the Platform will display these Terms, the Privacy and Data Protection Policy and the applicable parental agreements, in the form of active, non-pre-ticked electronic tick-boxes, followed by an "Accept and continue" button or equivalent. Acceptance of the Terms and the Policy is distinct from the optional consents for features such as the processing of the child's voice, AI pronunciation feedback, session recording or the use of image/voice for promotional purposes, which must be displayed and stored separately, in accordance with Annex 3. Explicit acceptance, recorded by the Platform with a timestamp, IP address, account, targeted child, ticked options and the version identifier of the documents, constitutes the definitive contractual acceptance of these Terms by the parent, legal guardian or Authorised Representative acting on behalf of the minor (or by the Individual Beneficiary, as applicable).
III-2.3. Failure to complete Stage 2. Until Stage 2 has been successfully completed, use of the Platform is suspended; the Provider may, after a further reasonable period not exceeding 30 calendar days from the first login attempt, treat the Account as not accepted and proceed to delete it, with the deletion or anonymisation of the personal data processed up to that date, in accordance with Art. III-9.
III-2.4. Re-acceptance upon material changes. Where these Terms are materially amended, the Provider may require a new acceptance at Stage 2 from the Parent Beneficiary, legal guardian or Authorised Representative, or from the Individual Beneficiary, as the case may be. For Student Accounts belonging to minors, acceptance and the optional consents are expressed by the responsible adult until the age of majority is reached, without the minor granting these consents alone.
III-2.5. Allocation of liability. Stage 1 is the contractual responsibility of the School Beneficiary or Teacher Beneficiary towards the Provider (Art. II-6, II-7). Stage 2 is implemented by the Provider through the Platform. The combination of Stage 1 and Stage 2 is intended to meet the requirements of Art. 4(11) GDPR (freely given, specific, informed and unambiguous consent), Art. 8 GDPR (parental authorisation for information society services offered to children below the applicable age threshold) and the validity requirements for distance contracts under Directive 2011/83/EU and analogous provisions.

III-3.1. By accepting these Terms at Stage 2 on behalf of a minor, the parent, legal guardian or Authorised Representative declares and warrants on their own responsibility that:
(a) they are the lawful holder of parental authority over the minor or have been duly appointed as legal guardian, curator or Authorised Representative in accordance with the applicable law;
(b) where parental authority is shared with another parent or guardian, they have obtained the necessary consent of the other holder of parental authority or are otherwise entitled to act alone in respect of decisions concerning the minor's participation in distance educational services;
(c) the identification and contact details and the date of birth provided in respect of the minor are accurate, complete and up to date;
(d) they have the capacity to assume binding commitments under these Terms in respect of the minor.
III-3.2. The Provider is not obliged to verify the truthfulness of the declarations made under Art. III-3.1 and is entitled to rely on them in good faith. Any dispute between the holders of parental authority concerning the minor's participation in the Platform shall be settled exclusively between those holders, without the involvement of the Provider.
III-3.3. Indemnification. The parent, legal guardian or Authorised Representative undertakes to indemnify, defend and hold harmless the Provider against any claim, complaint, damage, cost or fine arising from any inaccuracy in the declarations made under Art. III-3.1, including any claim by another holder of parental authority. This indemnification is limited to cases of proven fault (intent, gross negligence or material breach of the accuracy obligation) and does not constitute strict liability.

III-4.1. The Platform provides information society services that may be used by minors under the legal age of majority in accordance with the applicable law at their habitual residence. In accordance with Art. 8 GDPR, where such services are offered to a Child below the applicable age threshold (a threshold varying between 13 and 16 years in EU/EEA Member States, according to the national legislation implementing Art. 8 GDPR; an analogous threshold under the UAE PDPL — Federal Decree-Law No. 45/2021 and secondary regulations; and, for users in other jurisdictions, according to the applicable local law, including UK GDPR / Data Protection Act 2018, COPPA in the USA and analogous instruments), the processing of the Child's personal data is lawful only if and to the extent that consent is given or authorised by the holder of parental authority.
III-4.2. Parental consent mechanism. The Platform does not rely on consent expressed directly by the child for Student Accounts. The combination of Stage 1 (Art. II-6, the agreement/information transmitted through the School Beneficiary or Teacher Beneficiary) and Stage 2 (Art. III-2, the explicit click-wrap acceptance at first login by the Parent Beneficiary, legal guardian or Authorised Representative on behalf of the minor) is intended to meet the requirement of parental authorisation provided under Art. 8 GDPR and by the analogous provisions of the applicable law.
III-4.3. No autonomous enrolment of minors. The Platform does not allow the autonomous enrolment of minors without the prior involvement of a School Beneficiary or Teacher Beneficiary and of a parent, legal guardian or Authorised Representative. A minor cannot enrol on the Platform without the unique enrolment link issued by a School Beneficiary or Teacher Beneficiary in accordance with Art. II-6.
III-4.3.bis. Absolute minimum age for a Student Account. For the soroban, speedreading, english and chess sub-platforms, the absolute minimum age of the minor for whom a Student Account may be created is 5 (five) completed years at the date the account is created, taking into account the cognitive and motor capacity required for the effective use of the exercises and interactive features. For content explicitly intended for young preschoolers (for example, "Vedic Math Tutorial" and similar introductory content), the absolute minimum age is 3 (three) completed years, with use entirely under direct parental supervision. Below these thresholds, the processing of a minor's data for the creation of a functional Student Account does not meet the principle of data minimisation provided under Art. 5(1)(c) GDPR and is not permitted; any distance educational activity for minors below the minimum age is carried out exclusively through the account of the parent or of the School/Teacher Beneficiary, without any processing of data about the minor.
III-4.4. Withdrawal of consent. The parent, legal guardian or Authorised Representative may withdraw at any time the consent granted on behalf of the minor, through the Account settings, if this feature is available, or by written notice to office@mindexy.com. Withdrawal takes effect for the future and may lead, as the case may be, to the deactivation of the consent-based feature, to the restriction of access to certain optional features or to the deletion of the Student Account, if use of the Platform can no longer continue without the processing in question. Withdrawal does not affect the lawfulness of the processing carried out prior to the withdrawal.

III-5.1. The parent, legal guardian or Authorised Representative remains legally liable for the minor's use of the Platform and shall ensure that the minor uses the Platform in accordance with these Terms, in good faith and in compliance with the applicable law.
III-5.2. Attribution of acts. The acts carried out by the minor through the Student Account (including, without limitation, acceptance of these Terms or of any subsequent amendment displayed at login, the exercises performed, the content transmitted, the communications sent) are attributed to the parent, legal guardian or Authorised Representative for the purposes of the contractual relationship under these Terms.
III-5.3. Duty of supervision. The parent, legal guardian or Authorised Representative undertakes to exercise an appropriate level of supervision over the minor's use of the Platform, taking into account the minor's age, degree of maturity and the nature of the services.
III-5.4. Indemnification (limited to proven fault). The parent, legal guardian or Authorised Representative undertakes to indemnify the Provider for any damage caused by the minor to the Platform, to other users or to any third party through the use of the Platform, to the extent that such damage results from a proven breach of the duty of supervision provided under Art. III-5.3 (intent, gross negligence or material breach). This indemnification does not constitute strict liability and is without prejudice to the parent's mandatory consumer protection rights.

III-6.1. The course sessions provided through the Platform may be recorded (audio and/or video) only where this feature is active, where users have been informed in advance and where the applicable legal basis exists. For minors, recording is permitted exclusively in compliance with Art. III-6.2–III-6.6, Annex 3 and the Privacy and Data Protection Policy.
III-6.2. Separate consent for minors. Where a recording captures the image, voice or identifiable participation of a minor, the recording is permitted only on the basis of the separate, specific and informed consent of the parent, legal guardian or Authorised Representative, obtained at Stage 2 (Annex 3) or through a separate written instrument. This consent is independent of, and additional to, the acceptance of these Terms in general.
III-6.3. Allocation of tasks. It is the responsibility of each School Beneficiary or Teacher Beneficiary operating a session in which a minor participates:
(a) to inform in advance, in writing or by electronic means, the parent, legal guardian or Authorised Representative of the fact that the session will be recorded, the purpose, the retention period and the recipients of the recording;
(b) to obtain in advance the consent of the parent, legal guardian or Authorised Representative for the recording, by means of a separate electronic tick-box or an equivalent written instrument;
(c) to offer the parent, legal guardian or Authorised Representative the option to refuse the recording without loss of the child's access to the course, to the extent that participation without recording is technically and pedagogically possible. In the absence of consent, participation without recording, deactivation of the camera/microphone, access to alternative materials or another proportionate solution shall be used, as appropriate, without using the minor's recording for incompatible purposes.
III-6.4. Purpose limitation. Recordings involving minors may not be used for marketing purposes or for other commercial purposes without the separate, specific and informed consent of the parent, legal guardian or Authorised Representative.
III-6.5. Retention. Recordings involving minors are retained for a maximum of 12 effective calendar months, after which they are anonymised or deleted, except where a longer retention period is required by the applicable law or by a documented legitimate interest.
III-6.6. Right to object. The parent, legal guardian or Authorised Representative may object at any time to the further processing of recordings involving the minor, by written notice to office@mindexy.com and/or to the relevant School Beneficiary or Teacher Beneficiary acting as a data Controller.

III-7.1. The Provider does not send direct marketing communications to minors. All commercial or marketing communications concerning a Student Account are addressed exclusively to the parent, legal guardian or Authorised Representative.
III-7.2. The parent, legal guardian or Authorised Representative controls the communication preferences for the Student Account and may unsubscribe at any time from any marketing communication, in accordance with Art. 21 GDPR and the ePrivacy Directive (Directive 2002/58/EC) or analogous provisions.
III-7.3. This provision implements the enhanced protection granted to children by Recital 38 GDPR, Directive (EU) 2018/1808 on audiovisual media services and the analogous provisions of the UAE PDPL.

III-8.1. The parent, legal guardian or Authorised Representative may exercise, on behalf of the minor, all the rights granted to the data subject by Art. 15 to Art. 22 GDPR and by the analogous provisions of the UAE PDPL, including:
(a) the right of access to personal data;
(b) the right to rectification of inaccurate or incomplete data;
(c) the right to erasure ("the right to be forgotten");
(d) the right to restriction of processing;
(e) the right to data portability, as applicable;
(f) the right to object to processing based on legitimate interest or for direct marketing purposes;
(g) the right not to be subject to a decision based solely on automated processing with legal or similarly significant effects.
III-8.2. Requests may be submitted to office@mindexy.com. The Provider will respond within the time limit set out in Art. 12(3) GDPR (a maximum of 30 calendar days, extendable by 60 days for complex requests, with notification to the requester).
III-8.3. The parent, legal guardian or Authorised Representative has the right to lodge a complaint with the competent supervisory authority at the data subject's habitual residence (for example, CNIL for France, BfDI for Germany, AEPD for Spain, Garante per la protezione dei dati personali for Italy, DPC for Ireland, EDPB at European level, the UAE Data Office for the United Arab Emirates — pursuant to Federal Decree-Law No. 45/2021 — and the ICO for the United Kingdom).

III-9.1. The parent, legal guardian or Authorised Representative may request at any time the deletion of the Student Account and of the minor's personal data, by written notice to office@mindexy.com.
III-9.2. Upon receipt of a duly identified request, the Provider will delete the Student Account and remove the minor's personal data within a maximum of 30 calendar days, in accordance with Art. 17 GDPR.
III-9.3. Exceptions. The following categories of data may be retained after the deletion of the Account to the extent and for the period strictly necessary to comply with the applicable law:
(a) accounting, tax and invoicing data, in accordance with the requirements of tax legislation (Art. 17(3)(b) GDPR);
(b) data necessary for the establishment, exercise or defence of a legal claim in court (Art. 17(3)(e) GDPR);
(c) anonymised statistical data that no longer permits the identification of the minor.
III-9.4. Deletion of the Student Account does not affect the contractual obligations of the School Beneficiary or Teacher Beneficiary towards the Provider for the current Access Period.

III-10.1. Date of birth. The minor's date of birth, as declared by the parent, legal guardian or Authorised Representative upon creation of the Account and confirmed at Stage 2, constitutes the reference point for determining the age of majority and the age thresholds under Art. 8 GDPR and analogous provisions.
III-10.2. Notice prior to majority. The Provider will notify the parent, legal guardian or Authorised Representative and, as the case may be, the Student, by email and through the Platform interface, at least 30 calendar days before the date on which the Student is scheduled to reach the legal age of majority in accordance with the applicable law at their habitual residence (typically 18 years).
III-10.3. Transfer of the Account. Upon reaching the age of majority, the Student may, through explicit acceptance via the Platform (a new Stage 2 acceptance in their own name), take over the Account as an Individual Beneficiary, becoming the direct contracting party with respect to any subsequent use of the Platform. The Provider will update the Account records accordingly and will notify the former Parent Beneficiary.
III-10.4. Solution in the absence of acceptance. Where, within 60 calendar days from the date on which the Student reaches the age of majority, the Student has not accepted the transfer of the Account in accordance with Art. III-10.3, the Provider will, in the absence of contrary instructions from the Parent Beneficiary or School Beneficiary, proceed to delete the Account and the Student's personal data in accordance with Art. III-9.
III-10.5. Continued processing under Stage 1 instructions. Where the Account is operated through a School Beneficiary or Teacher Beneficiary, that Beneficiary's contractual relationship with the Student (now an adult) continues to be governed by the separate agreement between them, subject to the new consent of the Student (now an adult) for the processing of their personal data.
III-10.6. Review of parental consents upon majority. Within a maximum of 30 calendar days from reaching majority, the Provider may send the former minor, at the available contact address, an information notice concerning the account and the active consents previously granted by the parent, legal guardian or Authorised Representative, including for session recording, the AI/voice features and the use of image, name or voice in promotional materials, if such consents exist. The former minor who has become an adult may confirm, amend or withdraw these options through the dedicated interface in the Account, if available, or by email to office@mindexy.com. In the absence of confirmation, the optional consents concerning marketing, the use of image/voice for promotional purposes and the optional AI features will not be extended on the basis of parental consent and will have to be reconfirmed by the former minor who has become an adult if their continued use is necessary. Processing strictly necessary for the administration of the account will be carried out only if the former minor accepts the continued use of the Platform in their own name, in accordance with Art. III-10.3; otherwise, Art. III-10.4 concerning the deletion of the account applies.

III-11.1. Where the parent, legal guardian, Authorised Representative or Individual Beneficiary qualifies as a Consumer under the applicable law, the dispute resolution mechanisms provided under Art. 20 apply universally, including:
(a) the European Online Dispute Resolution (ODR) Platform, for Consumers resident in the EU/EEA;
(b) the competent consumer protection authority or ombudsman in the Consumer's jurisdiction of habitual residence;
(c) any alternative dispute resolution (ADR) body designated under the law of the Consumer's habitual residence;
(d) the competent courts in the Consumer's jurisdiction of habitual residence, in accordance with Art. 17–19 of Regulation (EU) No 1215/2012 (Brussels I bis) for Consumers in the EU/EEA, or with the analogous mandatory provisions of other jurisdictions.
III-11.2. Nothing in these Terms shall be construed as derogating from the mandatory consumer protection rights granted to the Consumer by the law of their jurisdiction of habitual residence. Any contractual provision which, under those mandatory provisions, would be considered unfair within the meaning of Directive 93/13/EEC or of analogous instruments shall be treated as not binding on the Consumer.
III-11.3. The limitation of liability provided under Art. 17.3 (cap at the amounts paid in the last 3 months) does not apply to the relationship with Consumers; the Provider's liability towards Consumers is determined in accordance with the mandatory provisions of the law of the Consumer's habitual residence and Art. 17.4.

III-12.1. The Platform may allow the parent, legal guardian or Authorised Representative to complete an enrolment request for a minor and to choose the school to which they wish the request to be transmitted.
III-12.2. The transmission of the request to the selected school does not guarantee the minor's acceptance to the course, the availability of a place, the conclusion of a contract with the school or the retention of the school's price or commercial conditions. The subsequent educational and commercial relationship is established directly between the parent and the chosen school, on the terms communicated by the latter.
III-12.3. The data entered in the form is saved in the Platform's database and becomes visible exclusively to the selected school, in a dedicated page or area, strictly for the analysis and management of the enrolment request. The processing of this data is detailed in the Privacy and Data Protection Policy.
III-12.4. If the parent does not have an active account on the Platform and wishes to delete the information entered through the enrolment form, they may submit a request to office@mindexy.com, with the note "Delete enrolment data". The request will be examined within the applicable legal time limit, with reasonable verification of the requester's identity and capacity.
III-12.5. The selected school acts as an independent controller for the processing operations it carries out after accessing or taking over the request, including for contacting the parent, organising the child's participation in the course and managing its own relationship with the parent/student.

This Annex describes the simplified form of the agreements that may be displayed electronically on the Platform at first login, upon activation of a feature or upon amendment of the applicable documents. It is not necessary to complete a manual form, where the Platform allows the options to be expressed through separate electronic tick-boxes.
Recommended text for the Platform interface:
Optional agreements expressed by the parent for the child
For certain features of the Mindexy Platform, the agreement of the parent, legal guardian or authorised representative of the child is required. The child does not grant these consents alone.
Please tick only the options you agree with:
As a parent/legal guardian/authorised representative, I agree to the processing of the child's voice within the pronunciation exercises available on the Platform, exclusively for educational purposes.
As a parent/legal guardian/authorised representative, I agree that the child's voice may be analysed through artificial intelligence features, exclusively for indicative pronunciation feedback. I have understood that AI feedback does not constitute an official assessment, does not produce legal effects and is not used for admission, exclusion, official grading or biometric identification.
As a parent/legal guardian/authorised representative, I agree to the audio/video recording of the course sessions in which the child participates, for educational, support, quality, safety and incident-resolution purposes. I have understood that these recordings will not be used for marketing, advertising, social media or promotional materials without a separate agreement.
I confirm that I am the parent, legal guardian or authorised representative of the child and that I have read the Terms and Conditions and the Privacy and Data Protection Policy.
I may withdraw these agreements at any time, with effect for the future, from the account, if this feature is available, or by email to office@mindexy.com.
Recommended button: Confirm the options
Technical evidence of the agreement/refusal:
The Platform must retain, to the extent that this feature is technically implemented, evidence of the options expressed by the responsible adult: the date and time, the IP address, the account through which the agreement or refusal was expressed, the targeted child, the version of the accepted documents and the options ticked distinctly for each feature.