Terms of Service
Last revised: June 26, 2023
Welcome to FractalUp. These Terms of Service constitute a legal agreement between you (visitor, user, parent or legal guardian) and FractalUp. By accessing, browsing, using or registering on this website, you agree that you have read, understood and agree to be bound by these Terms of Service, including FractalUp's Data Policy and any additional guidelines incorporated herein by this reference (collectively, "the Terms").
These Terms of Use govern your use of our Service. As used in the Terms, the phrases “the FractalUp Service,” “our Service,” or “the Service” refer to the personalized service provided by FractalUp for the use of Dynamic Videos, Exercises, Exams, Personalized Help, Task, TV, Maps, Docs, 3D Models, Simulators, Social, Analytics, Classroom, UpFocus, UpTalent, and other services offered (collectively, the “FractalUp Content,” “the Content,” “our Content”; and individually, “Content Component”), including all features and functionality, browser extensions, applications installable on different operating systems, and user interfaces, as well as all software associated with FractalUp.
1. The FractalUp Service
1.1. The FractalUp Service (“FractalUp,” “we,” “us,” or “our”) is provided by CIPLI Research Center SAC, a private corporation established in the Republic of Peru. FractalUp provides a customized subscription Service that allows our users to access FractalUp Content via the Internet to laptops, desktops, certain tablets, certain cell phones, and other Internet-connected devices (“FractalUp Ready Devices”).
1.2. FractalUp operates the https://www.fractalup.com website and/or other applicable subdomains, web applications, mobile applications, browser extensions, features, Content, materials, interactive services, other user interfaces or Services offered by FractalUp (collectively, the “Site”).
1.3. Content may include products or Services developed by third parties (FractalUp Providers). Entities may agree with FractalUp what Content is displayed to corporate Users, and the Entity may even provide content owned by it for its corporate users to access within the FractalUp Service, in which the Entity assumes all responsibility for the same (quality, authenticity, veracity, etc.). In general, what Content and the ownership thereof displayed on the Site is established by agreement between the Entity(ies) and FractalUp.
1.4. To use the FractalUp Service, you must have internet access, a FractalUp-ready device, and have made payment for your subscription.
1.5. FractalUp updates the Service on an ongoing basis and we regularly conduct various tests within the Site, which may modify the user interfaces, to offer new and improved functionalities, FractalUp methodologies.
1.6. You may view, access and use FractalUp Content in the country where you established your account and only in the geographic locations where we offer our Service and where that Content is licensed. The Content you see is customized based on the data you entered during registration.
1.7. You must be 18 years of age, or the age of majority in your province, territory or country, to use the FractalUp Service. Minors should use the Service only with the consent of their legal guardian.
1.8. By using FractalUp, you give us permission to: a) access the camera and microphone of the device(s) you use when using FractalUp; and b) use facial recognition algorithms to validate your identity and/or detect patterns of misbehavior, all for the purpose of providing a secure Service to our users. The information collected by your camera and microphone will allow the validation of your identity to maintain a safe environment in our community, and to access video calls with other FractalUp members. We recommend that you verify that the device from which you access FractalUp has a camera and microphone enabled to use our Service.
2. Content Components
2.1. FractalUp reserves the right to offer FractalUp Content on an individual basis or in packages, at a price it deems appropriate. This means that there may be subscription plans in which some Content Components are not offered.
2.2. The Content Components are:
2.2.1. Dynamic videos. Audiovisual production that explains, presents, informs, describes or argues a theory, concept, example, practical case or any information.
2.2.2. Exercises. A set of questions, problems and practical cases prepared for the implementation of your knowledge.
2.2.3. Exams. A set of questions, problems and practical cases designed to assess users' progress.
2.2.4. Personalized help. Personalized help allows users to send academic questions, provided that their subscription includes it, regarding the course they registered for. The time period for the resolution of the questions sent is calculated based on the difficulty and number of the questions.
2.2.5. Tasks. Allows the entry of information into an online text document, which prevents copying and/or pasting information.
2.2.6. TV classes. also known as live classes, online classes, or online classes, are pedagogical sessions held via the Internet, without the need for participants to meet physically. In them, exercises, practical cases are solved, a specific topic is explained or some other academic activity is carried out. TV classes may be held within the Site or through third-party platforms, without exempting users from compliance with the Terms. The number, topics and dates of Live Classes may vary depending on your subscription, the promotion you accessed, or the availability of schedules or teachers.
2.2.7. Maps. Records the location of entities and other institutions affiliated or formerly affiliated with the Service.
2.2.8. Docs. Limited storage capacity is offered to the subscription you have purchased for some file formats, for example, but not limited to: .png, .jpg, .pdf, .xls, .docx, pptx, among others.
2.2.9. 3D models. Three-dimensional images representing the human body and other elements for educational purposes.
2.2.10. Simulators. Allows the diagramming and simulation of mathematical functions, electrical circuits, chemical reactions and other phenomena based on data input.
2.2.11. Social. It allows our users to meet each other, solve academic challenges, online group exercises and even meet at a FractalUp verified establishment to carry out activities that promote social and/or intellectual development. Subscription to Social is completely optional, subscribed users are responsible for their actions and the consequences thereof.
2.2.12. Analytics. Academic report that summarizes in numbers the user's evolution based on their interaction with the Content.
2.2.13. Classroom. Allows the administration of a group of users and the transfer of files. Users can request to join one or more Classrooms, if their subscription plan allows it. Classroom has a file storage space limit, we recommend that you check this limit at the beginning of your subscription. Only the storage of files for academic purposes is accepted; if we detect otherwise, we will be entitled to delete it without prior notice.
2.2.14. UpFocus. Chrome extension that allows you to block pages that are not suitable for an ideal learning session. Its use is optional and defined before you purchase your subscription.
2.2.15. UpTalent. Offers educational sessions for the entire family, based on the “Theory of Antimatter” (USA Copyright TXu 1-673-282). FractalUp offers UpTalent based on the availability of the professionals in charge and in variable subscription plans.
2.3. The functionalities of the Content are not limited to those stipulated herein. It may be modified to offer a better Service to our users.
3. Subscription
3.1. FractalUp's subscription will have a duration strictly limited to the calendar days established in your subscription plan. To use the FractalUp Service, you must have access to the Internet, a FractalUp-ready device, and make a valid and verified payment, under one of the payment methods communicated by Us.
3.2. When your subscription period expires, your account will be suspended for up to three months. If you do not re-subscribe within this period and thus reactivate your account, you authorize us to permanently delete all data in your account, if we deem it necessary.
3.3. There are two types of subscription: Personal and corporate. The personal subscription is offered to natural persons for the final use of the FractalUp Service on a personal basis. The corporate subscription is offered to Entities, which may be: companies, universities, schools, associations, business associations or any other entity that is constituted as a legal entity and that groups together persons who will be granted licenses of use (user accounts) for the FractalUp Service.
3.4. Users of a corporate subscription are referred to as “Corporate Users” and must also be bound by these Terms. When the word “users” is used in the Terms, it refers to everyone who uses the FractalUp Service, regardless of whether they have a personal or corporate subscription.
3.5. Corporate Users may optionally purchase Content Components, which are not enabled in their corporate subscription, directly from FractalUp. Additionally, they may retain their user account if they purchase a personal subscription after their Entity's subscription has expired.
4. Eligibility
4.1. FractalUp determines and limits eligibility for access to the Service at its sole discretion. Ineligible users include, for example, but not limited to: any user previously suspended, blocked, terminated or removed from the Site by FractalUp; or any user whose identity cannot be validated and/or who represents a risk to the safety of other FractalUp users.
4.2. To determine eligibility we may use information such as: the IP of the device, the social media account or WhatsApp number with which you contacted us, the email address used to create an existing or recent FractalUp account, other public data from official institutions, or chats from your FractalUp account, or other evidence of your ineligibility.
5. Access and account creation in FractalUp
5.1. If you do not accept or agree to our Terms of Service, then you should not use, access or register on the Site. CIPLI Research Center SAC's permission to use and access our Site is expressly conditioned on your consent to all of our Terms of Service, or your exclusion of them altogether.
5.2. In order to access the Site, you will be asked to enter your personal data, contact information, and additional information at the time of registration. This information will help us to: personalize our Service and Content, after-sales service, notifications about your user account, and offer the other benefits offered by the subscription you have purchased. Therefore, it is an important condition for the use of our Service that the information you have provided to us is correct, complete and up-to-date.
6. Identity validation
In order to create a safe environment for our users, we may request that you validate your identity before, during and/or after your registration, for all or some sections of the Site. To do so, you agree to: (a) receive calls or messages for account activation, reactivation, or any other reason that has the purpose of verifying the identity of our users; and (b) send your Unique Identification Code, and/or a photograph or scanned image, on both sides, of your ID, DNIe and/or other identification recognized by your region or country. In some cases, if you fail to validate your identity within 24 hours of our request, we may suspend your account indefinitely without the right to a refund or claim of any kind, until the user complies with the identity validation.
7. Account Ownership
7.1. The Account Holder is the member who opens a FractalUp account, or who allows the creation of accounts for third-party users; and who is billed for the charges for the use of the Service. Thus, it is understood that the Account Holder of a corporate user is the entity to which the user belongs. In the case of a minor user, the Account Holder is his/her legal representative.
7.2. The duration, benefits, access permissions, account types, upgrade (subscription to new Content in addition to what you already have) or downgrade (reduce the Subscription Content Components that the user already has) and other configuration and/or customization data of the Subscription Service to which you have access, are established between FractalUp and the Account Holder only.
8. Intellectual Property
All information available within the Site belongs to FractalUp. All rights involved, such as its Content and visual design, are owned by FractalUp, so the use, modification, reproduction, distribution, transmission or commercialization of the rights involved is strictly prohibited without the express written permission of Us.
9. Prohibitions
By these Terms, you agree:
9.1. Use the FractalUp Service, including all features and functionality associated with it, in compliance with all applicable laws, rules and regulations, or any other restrictions on use of the Service or its Content.
9.2. FractalUp Content for advertising or commercial purposes without prior authorization from FractalUp.
9.3. You may not download, record, archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works based on, offer for sale, or use (except as expressly authorized in these Terms) any FractalUp Content and information contained in or obtained from the FractalUp Service.
9.4. Not to avoid, remove, alter, deactivate, interfere with or circumvent the security protections of FractalUp Service Content; not to use any robot, spider, scraper or other automated means to access FractalUp Service; not to decompile, reverse engineer, disassemble any software or other product or process accessed through FractalUp Service; not to introduce any code or product into, or otherwise tamper with, or use any data mining, extraction or analysis methods on FractalUp Content.
9.5. Not to run, upload, post, email, share via storage drives, or otherwise transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FractalUp Service, including any material that contains software viruses or any other computer code, files or programs.
9.6. Do not make actions, comments or share files that demonstrate harassment, sexual references, abuse, bullying, racism, spam, or any other action that interferes with the friendly and community environment of FractalUp.
10. Blocking your user account
Regardless of whether you are a personal subscription user or a corporate subscription user, we reserve the right to block, revoke and/or cancel your user account without prior notice, at any time and without the right to any claim or refund or compensation of any kind, if:
10.1. We determine that you are not eligible.
10.2. You violate any of the Terms, or use the Service in an illegal or fraudulent manner. FractalUp may take appropriate legal action for any such grievance.
10.3. Anomalous or similar behavior is detected on the part of the user that harms FractalUp or its interests, for example, but not limited to: the use of programs, applications, software, cameras, or other means to record, hack, download, store, share, export, damage and/or circumvent the intellectual property of the FractalUp Service (FractalUp Content), damage the Site or the software, and/or obtain information from FractalUp users.
11. Billing
11.1. Subscription fees for the FractalUp Service and any other fees you incur related to your use of the FractalUp Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the day the Account Holder pays to begin using our Service.
11.2. If you decide to terminate the contracted Service before the end of your subscription, you will not be given any refunds or compensation of any kind, it being understood that the money you paid will not be returned.
11.3. FractalUp may offer offers such as discounts or promotions. Restrictions may apply to combinations between offers.
12. Quotas
12.1. When the subscription exceeds or equals two months, FractalUp may offer payment in installments. In no case will the number of installments exceed the number of months of the subscription.
12.2. Since FractalUp allows payment in installments, the Account Holder who has become entitled to a subscription is committed to paying the installments on the dates and amounts previously agreed upon. If the Account Holder fails to comply with these terms, FractalUp will proceed to block the user's access to his/her account until the Account Holder regularizes payment according to the terms established in dates and amounts. The Account Holder will not have an extension in the time of his/her subscription for the calendar days that the account was suspended, nor will he/she receive a refund or compensation of any kind.
13. Changes in price and subscription plans.
We may change our prices and subscription plans whenever we deem it prudent, without affecting our commitments to our users.
14. Passwords and account access.
14.1. You have control over the FractalUp-ready device you use and are the only one with access to your FractalUp user account. To keep it safe from anyone else, you must maintain control over the FractalUp-ready devices you use to access the Service and not disclose your account password to anyone. It is your responsibility to update and maintain the accuracy of the personal information you provide to us regarding your account. We may decide to terminate or suspend your account to protect you, FractalUp, or our users from identity theft or other fraudulent activity.
14.2. Each user is responsible for the actions committed within their account and communication channels. If the user is a minor, the legal guardian of the minor is responsible. If you detect that your account has been hacked, stolen or someone is impersonating you, request a password change and if the problem persists, contact our customer service channels immediately.
15. FractalUp software
15.1. The image quality of FractalUp Content may vary from device to device and may be affected by a number of factors, including location, available bandwidth, or Internet connection speed. The availability of High Definition (HD) Content depends on your FractalUp subscription, your Internet service, and the device in use. The minimum connection speed for SD quality is 4 Mbps. However, we recommend a faster connection for improved video quality. A download speed of at least 8 Mbps per stream is recommended to receive HD video (defined as 720p or higher resolution). All Internet access charges are your responsibility. Please check with your Internet provider for information about possible data charges for Internet use.
15.2. To enjoy the FractalUp Service optimally, use a laptop and/or desktop with Windows 7 operating system or higher and the latest version of the Chrome browser.
15.3. We are not liable if you are unable to view the Content in full or in high quality due to the factors mentioned in point 15.1, or due to using hardware and/or software with technical characteristics inferior to those established in point 15.2. In which case, you will not be able to demand refunds, compensation or make any claim.
15.4. FractalUp's software is developed by FractalUp or at the request of FractalUp and is designed to enhance the personalization of our Service, improve the Content or any of our current and/or future benefits that we may offer you. FractalUp's software, functionality and features may vary depending on the device and media used.
16. Third-party software.
You acknowledge that use of the Service may require third party software that is subject to third party licenses that will not incur additional charges to your current subscription plan. You agree that you may automatically receive updated versions of FractalUp or related third party software.
17. Disclaimer of warranties and limitations of liability
17.1. The FractalUp Service is provided "as is" without warranty or condition. In particular, our Service is not represented to be uninterrupted or error-free. You waive all special, indirect or consequential damages against us. These terms will not limit the non-waivable warranties and consumer protection rights to which you are entitled.
17.2. The FractalUp Service is continually updated to eliminate possible errors and offer the best experience to our users. You understand and agree to use, access, and obtain the FractalUp Content at your own risk, and that you will be solely responsible for any inconvenience, damage to your property (including software and hardware), or loss of data resulting as a result. In addition, we are not responsible for possible inconveniences or damage to your property (including software, hardware, and data) caused by viruses or similar on your computer or the device from which you connect and that generates inconvenience during your experience on FractalUp.
18. Advertisements
18.1. FractalUp may display advertisements contracted by third parties to its users within the Site in spaces dedicated for this purpose, provided that this does not block access to FractalUp Content. Such advertisements may be in the form of an image, interactive interface, video or other digital medium. The aforementioned advertisements must be appropriate for all ages and may contain redirect links to other websites approved by FractalUp.
18.2. FractalUp is not responsible for the privacy of the data you provide to third parties who contracted the advertisements.
19. Filing complaints and claims
We ask our users, who have used or are using the FractalUp Service and who have any complaints or claims regarding it, to contact us directly to resolve their problem.
20. Waiver of class action
To the extent permitted by applicable law, you and FractalUp agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in a class or representative action. In addition, if permitted by applicable law, unless both you and FractalUp expressly agree in writing otherwise, the court may not consolidate more than one person's claims with your claim, and may not otherwise preside over any class or representative action.
21. Miscellaneous
21.1. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Peru.
21.2. Unsolicited Material: FractalUp does not accept unsolicited materials or ideas for its Content, and is not responsible for the similarity of the content or programming of any media to materials or ideas transmitted to FractalUp.
21.3. Error Reporting: You agree to inform us of any errors or failures to comply with the purpose for which the Service was created. In particular, inform us if you detect any errors in our Service that facilitate the infringement of our intellectual property, another crime or violation of the Terms.
21.4. Customer Service: If you need more information about our Service and its features, or if you need assistance with your account, you can contact us (fractalup.com/contact). In the event of a conflict between these Terms of Use and information collected by Customer Service or other sections of our website, these Terms of Use shall govern.
21.5. Electronic Communications: We will send you information related to your account (for example: invoices, bills, password changes, class schedule changes, promotions, discounts and other information linked to your account) electronically to the channel you used to communicate with us and/or provided during your registration, for example, but not limited to: email, WhatsApp number. If you have not updated your contact information on the Site, we are not responsible for you not receiving the communication.
21.6. Continuation of validity: If any of the provisions of these Terms of Service are declared void, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will continue in full force and effect.
21.7. Changes to Terms of Service and Assignment: We may change these Terms of Service from time to time without notice to you. In addition, we may assign or transfer our agreement with you, including our associated rights and obligations at any time and you agree to cooperate with us in connection with any such assignment or transfer.