TERMS OF SERVICE

1. Service provider details

The Services are operated and provided by:

KOKI SOFTWARE COMPANY LIMITED

Address: No. 6, Alley 35, Ngo Thi Sy Street, Ha Dong Ward, Hanoi City, Vietnam

Tax ID: 0111043866

Email: info@koki.vn

Website: https://koki.vn

2. Definitions

In these Terms:

• Koki Flashcards is the flashcard learning application provided by Koki.
• Website is the koki.vn website operated by Koki.
• Services comprise the Website, the Koki Flashcards application, Koki accounts, the learning content, and the related features.
• User or you is the individual or organisation accessing or using the Services.
• Account is the account created in order to use Koki Flashcards and its related features.
• Premium is the right to use the paid content, features, or entitlements Koki publishes for each plan at the time of the transaction.
• Redemption code is the electronic code Koki issues to activate the Premium entitlement for an account.
• Order is a request to purchase a product or Service created through the Website.
• User content is the flashcards, notes, text, and other content that users create, upload, or store through the Services.

3. Scope, and formation of transactions

These Terms apply to:

• Access to the Website
• The creation and use of a Koki account
• Use of Koki Flashcards
• The purchase and use of Koki Premium
• Content created by users
• Direct transactions between users and Koki.

For purchases of Premium made directly on the Website, before confirming the order the buyer is given the key information relating to the transaction, such as:

• The service plan
• The price
• The term or entitlements of the plan
• The total amount payable
• The payment method
• Any relevant important conditions or restrictions.

Buyers are responsible for checking this information before confirming an order.

Purchases made directly on the Website are also governed by Koki's specific policies as published from time to time.

4. Minors and capacity to transact

Users must have the civil capacity appropriate to carry out transactions relating to the Services on their own behalf.

Persons under 18 transact in accordance with the law on civil capacity.

Where the law requires a transaction to be consented to, or to be carried out through, a parent, guardian, or legal representative, the user must ensure this condition is met before transacting.

Koki may request information or reasonable verification measures where there are grounds to believe the person transacting does not have the necessary authority or capacity.

The processing of children's personal data is carried out in accordance with Koki's Privacy Policy and applicable law.

5. User accounts

6. Description of Koki Flashcards and Premium

Koki Flashcards is an application that supports learning through flashcards and the spaced repetition method.

The Services may include:

• Creating and managing flashcards
• Decks provided by Koki
• Tracking study progress
• Synchronising data across devices
• Free study features
• Premium content and features
• Other functions added as the Services develop.

Koki may provide a free version with certain limits.

Premium provides the content, features, and entitlements described on the Pricing page, on the purchase screen, or in the app at the time of the transaction.

Purchasing Premium does not mean the user owns, or is assigned, the application, source code, content, or intellectual property rights of Koki.

7. Conditions and limitations on the provision of the Services

This section publishes the main conditions and limitations on the provision of Koki Premium and Koki Flashcards.

8. Rules for using the Services

Users must not use the Services to:

• Carry out unlawful conduct
• Infringe the lawful rights and interests of others
• Copy or bulk-download Koki's content for redistribution
• Resell content or access without Koki's permission
• Share redemption codes publicly
• Use bots, crawlers, or automated tools to collect data without authorisation
• Attempt to circumvent security measures
• Interfere with the systems or the normal operation of the Services
• Distribute malware
• Commit payment fraud
• Impersonate another person
• Access another person's account or data without authorisation
• Exploit the Services for commercial purposes beyond the scope licensed.

Koki may apply reasonable measures to detect, prevent, and address such conduct.

9. User-created content

10. Koki Premium and transactions on the Website

Users may purchase Premium directly on the Website where Koki makes this method available.

Purchases made directly on the Website are governed by:

• The Pricing Policy
• The Payment Policy
• The Service Provision, Service Termination, and Refund Policy
• The conditions of the specific programme or plan, if any.

The Website currently uses bank transfer as its payment method, by means of the QR code displayed on the payment page.

A redemption code purchased directly on the Website:

• Grants the Premium entitlement for the period corresponding to the plan purchased
• Is not an auto-renewing subscription
• Does not automatically charge the user in a following period.

11. Transactions through the Apple App Store or Google Play

Koki may offer Premium or subscription purchases directly in the app through the Apple App Store or Google Play.

For those transactions:

• Payment is processed through the relevant platform
• The price and currency may depend on the country or region
• Automatic renewal, subscription management, cancellation, and certain refund requests are governed by the mechanisms and terms of the relevant platform.

Users are responsible for reviewing the price, term, and renewal information displayed by the App Store or Google Play before confirming a purchase.

A redemption code purchased on the Website does not automatically become an App Store or Google Play subscription, or vice versa.

12. Prices, taxes, and promotions

Prices for direct sales on the Website are published in accordance with the Pricing Policy.

Before the buyer confirms a transaction, Koki displays the total amount payable according to the information applicable to the order.

Koki may apply:

• Discounts
• Promotional codes
• Promotional programmes
• Prices for specific groups
• Programmes granting additional time of use.

The conditions of each programme will be published before the transaction is confirmed.

13. Payment

The payment methods for direct purchases on the Website are set out in the Payment Policy.

Buyers are responsible for:

• Checking the order details
• Scanning the correct QR code provided on the Website
• Checking the recipient's name
• Paying the correct amount
• Leaving the pre-filled transfer reference unchanged, where there is one.

Koki does not ask buyers to provide banking passwords, PINs, OTPs, or CVV codes in order to process an order.

14. Provision and termination of Premium, and refunds

The following matters:

• Delivery of the redemption code
• Activation of Premium
• Changing plan
• Termination of Premium
• Handling of Premium on expiry
• Refund requests
• The method and timing of refunds,

are set out in detail in the Service Provision, Service Termination, and Refund Policy.

Termination of Premium does not automatically mean the account or learning data is deleted.

Early termination also does not of itself create a right to a refund, except where the refund conditions are met or the law provides otherwise.

15. Koki's intellectual property

Except for User content, the components of the Services such as:

• The software
• The source code
• The interface
• The design
• The logo
• The trade marks
• The deck content provided by Koki
• Text
• Images
• Audio
• Databases
• Learning materials,

are owned by Koki or used by Koki on the basis of a right, licence, or other lawful basis.

Using the Services does not transfer intellectual property rights to the user.

Koki grants the user a limited, non-exclusive, non-transferable right to use the Services for personal and educational purposes in accordance with these Terms.

Except where permitted by Koki or by law, users must not:

• Copy in bulk
• Distribute
• Resell
• Sub-license
• Exploit commercially
• Create derivative products from Koki's content.

16. Content and features of the Services

Koki may:

• Fix faults
• Update learning content
• Add features
• Change the interface
• Improve algorithms
• Adjust how decks are organised
• Remove content that is no longer appropriate or can no longer be provided lawfully.

Koki will not use Service updates to reduce unreasonably the core entitlements the user has paid for, except where:

• The law requires it
• There is an intellectual property issue
• There is a safety or security risk
• There is a necessary technical reason
• There is another reasonable cause.

If Koki cannot continue to provide the paid part of the Services as committed, Koki will apply the appropriate measures under the Service Provision, Service Termination, and Refund Policy and the law.

17. Suspension or termination of accounts for breach

Koki may warn, restrict, suspend, or terminate an account where there are reasonable grounds to believe the user has:

• Committed transaction fraud
• Abused the refund policy
• Shared an account without authorisation
• Copied or distributed content without authorisation
• Intruded into or interfered with the systems
• Used the Services to carry out unlawful conduct
• Seriously or repeatedly breached these Terms.

Koki will consider the nature, seriousness, and consequences of the conduct before applying a measure.

Where appropriate, Koki may give notice and an opportunity to remedy.

Koki may act immediately where necessary in order to:

• Prevent fraud
• Protect accounts
• Protect the systems
• Protect the rights of others
• Comply with a request from a competent state authority
• Prevent imminent harm.

The treatment of amounts already paid, or of any remaining Premium term, is dealt with under the relevant policies and the law.

18. Advertising and third-party services

The free version, or certain parts of the Services, may display advertising.

Koki may use third-party advertising, analytics, infrastructure, and technical service providers.

The related data processing is described in the Privacy Policy.

The Services may also contain links or connections to products operated by third parties.

Where a user uses a third party's service directly, that third party's terms and policies may apply.

19. Personal data protection

The collection, use, storage, sharing, and protection of personal data is carried out in accordance with Koki's Privacy Policy.

The Privacy Policy covers matters including:

• The types of data processed
• Flashcard content stored on the systems
• The purposes of processing
• Service providers
• Advertising and analytics
• Retention periods
• Protective measures
• Users' rights
• Account deletion
• Personal data requests and complaints.

20. Availability and limitation of liability

Koki applies reasonable measures to maintain the Services, protect data, and handle incidents.

However, no online system can absolutely guarantee that:

• The Services will never be interrupted
• Every device version will be compatible
• Every fault can be fixed immediately
• Third-party services will always operate normally.

Koki is not liable for loss arising entirely from:

• The user's intentional acts or fault
• The user disclosing their sign-in credentials or redemption code
• Devices or software managed by the user
• Third-party services beyond Koki's reasonable control
• Force majeure events,

except where the law provides that Koki remains liable.

Where loss arises from Koki's fault or breach of obligation, Koki's liability is determined according to:

• The lawful agreement between the parties
• The nature and degree of the fault
• The actual loss
• Applicable law.

Nothing in these Terms is intended to:

• Exclude liability that the law requires Koki to bear
• Deprive consumers of the right to complain, claim compensation, or seek a lawful remedy
• Limit consumer rights contrary to law.

21. Force majeure

Koki is not treated as being in breach in respect of any obligation it cannot perform on time because of a force majeure event as provided by law, provided that Koki takes reasonable measures to:

• Limit the effects
• Restore the Services
• Notify users where appropriate.

A force majeure event does not exclude the obligation to refund money or to take measures protecting users' interests where the law still requires that obligation to be performed.

22. Feedback, requests, and complaints

Users may submit feedback, requests, or complaints to:

Email: support@koki.vn

Receipt and resolution are carried out in accordance with the Methods for Receiving and Resolving Feedback, Requests, and Complaints published by Koki on the Website.

The matters may include:

• Accounts
• Orders
• Payments
• Redemption codes
• Premium
• Technical faults
• Refunds
• Content
• Personal data
• Other matters relating to the Services.

Use of Koki's internal resolution process does not limit the user's right to apply to a state authority, a consumer protection organisation, mediation, arbitration, or a court in accordance with the law.

23. Governing law and dispute resolution

These Terms are governed by the laws of Vietnam to the extent applicable.

If a dispute arises, Koki and the user are encouraged first to:

1. Exchange and verify information
2. Negotiate or mediate
3. Use other dispute resolution methods provided by law if no agreement is reached.

Where a dispute is brought before a court, the competent court is determined in accordance with the law.

For consumers in other countries or regions, mandatory consumer protection rules in that place may apply to the extent the relevant law so provides.

24. Changes to these Terms

Koki may update these Terms where:

• The Services change
• The features change
• The transaction model changes
• The distribution platform's policies change
• Security requirements change
• Legal requirements change
• There is another reasonable cause.

A new version will:

• Be published on the Website
• State the date of the update
• Take effect from the time it is published, or from another time clearly notified.

For changes that significantly affect the rights or obligations of users currently using the Services, Koki will use an appropriate means of notification where necessary.

New Terms do not apply retrospectively so as to reduce unlawfully the entitlements already arising from completed transactions.

For new purchases, the version of the Terms and policies in force at the time of the transaction applies.

Where the law requires consent to a specific change, Koki will obtain consent as required rather than treating the user's silence as consent.

25. Relationship between these Terms and other policies

These Terms apply together with:

• The Privacy Policy
• The Pricing Policy
• The Payment Policy
• The Service Provision, Service Termination, and Refund Policy
• The Methods for Receiving and Resolving Feedback, Requests, and Complaints
• The specific conditions of each plan or programme published before the transaction.

If there is a difference between these Terms and a specific policy on a particular matter, the specific policy prevails in respect of that matter, provided its content does not conflict with the law.

26. Severability

If a provision, or part of a provision, of these Terms is determined to be invalid or unenforceable under the law, the remainder continues to apply to the extent permitted by law.

An invalid provision will be interpreted or replaced in the manner that best matches the lawful purpose of the original content and safeguards the parties' rights under the law.

27. Contact

Any question relating to these Terms of Service may be sent to:

KOKI SOFTWARE COMPANY LIMITED

Address: No. 6, Alley 35, Ngo Thi Sy Street, Ha Dong Ward, Hanoi City, Vietnam

Tax ID: 0111043866

Email: info@koki.vn

Website: https://koki.vn