Governing language. This is the English version of these Terms and Conditions. The Spanish version, available at https://peekabookkids.com/terminos, is the official text. This English version is legally valid and binding; however, in the event of any discrepancy in interpretation between the two, the Spanish version shall prevail.
By downloading, installing, accessing or using Peek a Book Kids, you expressly agree to these Terms and Conditions and enter into a legally binding contract with the Licensor. If you do not agree with any of its provisions, do not download or use the Application.
THE APPLICATION IS A FREE DOWNLOAD. Part of the content is available at no cost. Access to Premium Content requires a separate purchase made outside the Application, in accordance with Section 5. That purchase is not processed through Apple's or Google Play's in-app purchase system.
IF YOU ACQUIRED THE APPLICATION AS A PAID APP BEFORE THESE TERMS TOOK EFFECT, you retain full access to the complete content at no additional cost. See Section 7 (Purchases Made Prior to the Transition Date).
SECTIONS THAT LIMIT YOUR RIGHTS. Sections 13 (Warranties and Limitation of Liability), 20 (Governing Law, Jurisdiction and Dispute Resolution) and 21 (Provisions Required by Apple Inc.) contain limitations of liability, warranty disclaimers and, in certain jurisdictions, waivers of class actions and jury trial. Please read them carefully. Nothing in this contract limits any rights granted to you on a non-waivable basis by the mandatory consumer protection laws of your jurisdiction.
In accordance with applicable electronic commerce and consumer protection provisions, the following information is disclosed:
Licensor and provider: Carlos Alberto Duarte Ortega, an individual engaged in business activity.
Federal Taxpayer Registry (RFC): DUOC770203MN8
Address: Bosque de Cedros, Manzana 46 Lote 1, Col. Los Héroes de Tecámac Sección Bosques, C.P. 55764, Tecámac de Felipe Villanueva, State of Mexico, Mexico.
Contact email: contacto@peekabookkids.com
Website: https://peekabookkids.com
Application: Peek a Book Kids — White Noise (Stories and Meditations), published on the Apple App Store under identifier 6757008412, and on Google Play under the package name com.peekabookkids.app.
Territorial availability: The Application is available for download worldwide, in every country and region where Apple operates the App Store and where Google operates Google Play. Premium Content is sold from Mexico through the Purchase Site.
Address for notices: the address stated in this Section, as well as the email contacto@peekabookkids.com, which you accept as a valid means of notice.
For purposes of these Terms, the following capitalized terms, whether singular or plural, shall have the meanings set out below:
Access Database: the record hosted on Firebase (Google LLC) infrastructure that stores the Account identification data and the Premium Content entitlement status, used solely to validate your access.
Account: also referred to as the "Peek a Book Kids Total Account." The access account created by the User on the Purchase Site using an email address or Google account authentication, which constitutes the sole means of identifying the User for purposes of enabling Premium Content.
Apple Account: the User's account with Apple Inc. used to download the Application. It is independent of the Account.
Application: the software "Peek a Book Kids — White Noise," in all its versions, updates, improvements and successive iterations, published by the Licensor on the Apple App Store and on Google Play.
Application License: the limited, personal, revocable, non-exclusive and non-transferable right to download, install and use the Application in accordance with Section 8.
Authorized Device: any iPhone, iPad, iPod touch or Mac, or any Android device, owned by the User or under the User's lawful control that meets the technical requirements set out in Section 4.
Family Sharing: the Apple feature that allows the download of the Application to be shared with up to six (6) members of a family group linked to a single Apple Account. Its Android equivalent is the Google Play Family Library, subject to the conditions and limits Google establishes from time to time.
Google Play Account: the User's account with Google LLC used to download the Application from Google Play. It is independent of the Account.
Free Content: the items of Multimedia Content that the Licensor makes available within the Application's Modules for immediate playback, with no need for an Account and at no charge.
Legacy User: a User who acquired the Application as a paid app on the App Store prior to the Transition Date, in accordance with Section 7.
Minor: any person who has not reached the age of majority or the applicable digital consent threshold in their jurisdiction, taken as: 13 years in the United States of America (COPPA), 16 years or the applicable national threshold in the European Union (GDPR, Article 8), and 18 years in Mexico.
Modules: the twelve (12) thematic sections through which the Application organizes and presents Multimedia Content.
Multimedia Content: all audiovisual and editorial material forming part of the Application, including narrated video stories and audiobooks, guided meditations, breathing exercises, affirmations, white noise and sleep audio, content for infants, resources for parents, books and stories in PDF format, images and animations.
Payment Processor: Stripe, Inc. and its affiliates, an independent third party responsible for processing transactions carried out on the Purchase Site.
Premium Content: the items of Multimedia Content to which access is restricted and which are identified within the Application by a padlock icon, and whose enablement requires the acquisition described in Section 5 or Legacy User status under Section 7.
Premium Content License: the limited, personal, revocable, non-exclusive and non-transferable right to access Premium Content through the Account, in accordance with Section 8.
Purchase Site: the website https://app.peekabookkids.com/, operated by the Licensor, the sole authorized channel for acquiring Premium Content.
Technology Providers: the third parties whose infrastructure the Licensor uses to operate the Application, identified in Section 11.
Terms: this instrument, including its annexes and the policies incorporated herein by reference.
Transition Date: the effective date of these Terms, from which the Application is offered as a free download in accordance with Section 5.
User: the individual of legal age and with full legal capacity who downloads, installs, accesses or uses the Application, and/or who acquires Premium Content. Where the Application is intended for use by a Minor, the User shall in all cases be the parent or legal guardian who downloads and supervises it, and who is the contracting party.
These Terms constitute an end-user software license agreement (EULA) with respect to the Application, together with a digital services agreement and a content access license with respect to Premium Content. Under no circumstances is ownership of the Application, the Multimedia Content or any intellectual property right transferred to the User.
To govern (i) the conditions for downloading, installing and using the Application; (ii) the conditions for accessing Free Content; (iii) the conditions for acquiring and enabling Premium Content; and (iv) the reciprocal rights and obligations between the Licensor and the User.
The contract is formed at the moment the User downloads or uses the Application, or completes the acquisition of Premium Content on the Purchase Site, whichever occurs first. The User acknowledges that a declaration of intent expressed by electronic means produces full legal effect and has the same evidentiary value as a handwritten signature, in accordance with the electronic commerce provisions of the Commercial Code of the United Mexican States and equivalent rules in the User's jurisdiction.
The User represents, under penalty of perjury, that they are of legal age and have full legal capacity to be bound by this contract. The Application is not intended for direct contracting by Minors.
The Licensor shall retain electronic records of the acceptance of these Terms, of the version accepted and of the transactions entered into, in complete and unaltered form, and shall make them available to the User upon written request. The User may download and print these Terms at any time from https://peekabookkids.com/terminos.
Peek a Book Kids is a children's content application designed to accompany the bedtime routine and to nurture emotional development, imagination and calm before sleep, without overstimulation, advertising or addictive retention mechanics. Multimedia Content is created or supervised by the Licensor and by individuals experienced in child development.
The Application organizes Multimedia Content into twelve (12) Modules, freely browsable from the home screen. Each Module may contain both Free Content and Premium Content. Premium Content is visually identified by a padlock icon.
With respect to Premium Content and to any other feature, the Application contains no purchase button, purchase link, payment form, redemption code, subscription mechanism, invitation to purchase, or any explanation of how to obtain access. The Application incorporates no in-app purchases of any kind, whether via In-App Purchase or via Google Play Billing. Users wishing to acquire Premium Content reach the Purchase Site by their own means and through channels external to the Application.
The Application displays no third-party advertising, incorporates no advertising networks, permits no uploading or publication of user-generated content, and includes no user-to-user communication features, forums, chats or public profiles.
The User is responsible for having the necessary equipment, operating system and bandwidth. The Licensor is not liable for deficiencies arising from the User's Internet connection, their telecommunications provider or the limitations of their device.
The current version of the Application requires no access to the camera, microphone, location, contacts, photographs or any other sensitive device permission.
The Licensor may incorporate scanning and recognition features, interactive learning activities and other improvements in later versions. Any future feature requiring additional device permissions will be notified in advance and will request the explicit consent of the parent or legal guardian before activation, and refusal shall not affect access to content already acquired.
From the Transition Date, the Application is offered as a free download on the Apple App Store and on Google Play. Obtaining the Application through the "Get" or "Install" button, as applicable, generates no charge, consideration, trial period or payment obligation of any kind toward Apple, toward Google or toward the Licensor.
Certain items designated in advance by the Licensor within each Module are permanently available free of charge to every User, with no need to create an Account or to identify oneself. The Licensor reserves the discretion to determine, expand or modify which items constitute Free Content, without this giving rise to any right to compensation.
Access to Premium Content is acquired solely and exclusively through the Purchase Site (https://app.peekabookkids.com/), in an environment external to the Application and external to the commerce systems of Apple Inc. and of Google LLC (Google Play). The User acknowledges having learned of the Purchase Site through means external to the Application, such as the Licensor's social media, newsletters, third-party recommendation or prior familiarity with the brand.
Price: MXN $597.00 (five hundred ninety-seven Mexican pesos 00/100), an amount that includes Value Added Tax. The price displayed is the total and final price the User will pay; no charges, taxes or fees will be added at checkout.
Method: a single, non-recurring payment.
There are no subscriptions, recurring charges, automatic renewals, deferred charges, hidden fees or any additional consideration whatsoever. The Licensor does not store payment instruments for future charges.
The reference price is denominated in Mexican pesos. Where the User's payment instrument is denominated in another currency, the Payment Processor or the issuing financial institution will apply the corresponding exchange rate and fees under its own policies. The Licensor takes no part in that conversion and is not liable for exchange rate variations, bank fees, international transaction charges or taxes payable in the User's jurisdiction.
To acquire Premium Content, the User must create an Account on the Purchase Site, providing a valid email address or authenticating through their Google account. The Account is independent of and unrelated to the User's Apple Account. The User undertakes to provide truthful, accurate and up-to-date information.
Payment is processed entirely and exclusively by the Payment Processor (Stripe, Inc.) as an independent third party subject to payment card industry security standards (PCI-DSS). The Licensor does not collect, process, transmit or store full card numbers, verification codes or the User's banking credentials, and has no access to such information. By making the payment, the User additionally accepts the Payment Processor's terms of service, available at https://stripe.com/legal.
Upon completion of the transaction, the User will receive at the registered email address an electronic receipt setting out the details of the transaction, the amount, the date and the transaction identifier.
Tax invoice. A User requiring a Mexican digital tax receipt (Comprobante Fiscal Digital por Internet, or CFDI) must request it at factura@peekabookkids.com within the calendar month in which the transaction took place, providing their Federal Taxpayer Registry number, name or corporate name, tax domicile postal code, tax regime, CFDI use and the transaction identifier shown on the electronic receipt. Issuing the CFDI does not alter the total price paid: the invoice will itemize the consideration and the Value Added Tax already comprised within the MXN $597.00, with no additional charge to the User.
Once payment is confirmed, the User must open the Application, select "Sign in" and identify themselves using the same email address or Google account used on the Purchase Site. The Application will query the Access Database and, upon verifying the purchase status, will enable all Premium Content.
Access to Premium Content is linked to the User's Account, not to any particular device. The User may sign in with their Account on any Authorized Device they own or lawfully control, and on any number of them, in order to access the Premium Content acquired. Reinstalling the Application, changing devices or restoring the system does not affect access, which is recovered simply by signing in again.
The Licensor may implement reasonable and proportionate measures to detect anomalous simultaneous use of a single Account from a number of devices or locations manifestly inconsistent with the intended family use, in accordance with Section 6.4.
The Premium Content License is granted for the useful life of the Application, understood as the period during which the Licensor keeps the Application published and operational, with no predetermined time limit and with no need for renewal or additional payment. This duration is subject to Sections 16 and 18.
All Multimedia Content that the Licensor adds to existing Modules after the acquisition shall be covered by the Premium Content License already acquired, at no additional cost. This obligation does not prevent the Licensor from launching separate and distinct products, applications or content lines in the future, subject to their own consideration, provided they are clearly identified as such.
The User expressly acknowledges and agrees that:
The Account is personal and non-transferable. Its holder is the adult User who created it. The Account may not be assigned, sold, leased, lent, commercialized or transferred to third parties on any basis, save by reason of death in accordance with applicable succession law.
The User may permit members of their immediate household to use Premium Content within their home and under their supervision, on their Authorized Devices. This family use is the natural purpose of the product and does not constitute a breach.
The Licensor shall not be liable for damages arising from the User's failure to comply with these obligations.
Publicly disclosing credentials, commercializing them, distributing them at scale or engaging in any conduct intended to grant access to Premium Content to persons outside the User's household constitutes a material breach and entitles the Licensor, upon prior notice to the User and after granting a reasonable period to respond — save in cases of manifest fraud or imminent risk — to suspend or cancel the Account in accordance with Section 18.
The User may recover access to their Account through the reset mechanisms available on the Purchase Site. Where the User has lost control of the associated email address, they may evidence their ownership to the Licensor by means of the transaction receipt in order to migrate their access to a new address.
The User may request deletion of their Account at any time. The User acknowledges that deleting the Account entails the loss of access to Premium Content, without this giving rise to any right to a refund where the request is made outside the period set out in Section 12.
Safeguard clause. Prior to the Transition Date, the Application was offered on the App Store as a paid app. This Section ensures that no person who acquired it on that basis shall see the access they lawfully contracted for diminished, conditioned or extinguished.
A Legacy User is any person who, prior to the Transition Date, acquired the Application on the App Store as a paid app — whether by paying the then-current price of MXN $599.00 or its equivalent in their regional storefront, or by means of a promotional code issued by the Licensor — as well as the members of their Family Sharing group who obtained the Application by that route. This Section applies exclusively to that history of acquisitions on the Apple App Store; the Application was never offered as a paid app on Google Play, so the Legacy User status does not exist with respect to that platform.
The Licensor acknowledges that the Legacy User acquired the right of full and permanent access to all Multimedia Content, including content added after their acquisition, on the terms offered at that time. The change of commercial model provided for in these Terms does not modify, condition, reduce or extinguish that right. Accordingly, the Legacy User retains full access to Premium Content on a permanent basis and at no additional cost, and shall in no case be required to make the payment provided for in Section 5.4 or any supplementary payment of any kind.
To enable their access, the Legacy User must create an Account on the Purchase Site or request enablement by writing to contacto@peekabookkids.com, evidencing their status by means of the purchase receipt issued by Apple or any other reasonable means. The Licensor shall enable full access, at no cost, within five (5) business days of receiving such evidence. This right is subject to no limitation period and does not lapse; it may be invoked at any time during the useful life of the Application.
Should it prove technically impossible to restore full access to the Legacy User for reasons not attributable to them, the Legacy User shall be entitled, at their election, to a refund of the price actually paid or to equivalent compensation, without prejudice to any rights afforded by the consumer protection laws of their jurisdiction. In the event of any conflict between this Section and any other provision of these Terms, this Section 7 shall prevail where it is more favorable to the Legacy User.
The Licensor grants the User a limited, personal, revocable, non-exclusive, non-transferable license, without the right to sublicense, to download, install and use the Application on their Authorized Devices, for personal, household, family and educational purposes only, and never for commercial purposes.
Upon acquiring Premium Content in accordance with Section 5, or upon establishing Legacy User status in accordance with Section 7, the Licensor grants the User a limited, personal, revocable, non-exclusive and non-transferable license to access Premium Content by streaming within the Application, subject to the same purposes and limitations set out in the preceding clause.
All rights not expressly granted in this Section are reserved in their entirety to the Licensor. No provision of these Terms may be construed as an assignment, transfer or implied license of any right.
The User is strictly prohibited, whether directly or through any intermediary, from:
Breach of this Section entitles the Licensor to suspend or terminate access in accordance with Section 18, without prejudice to any civil, criminal and administrative actions available under the law applicable in the infringer's jurisdiction, including those provided for in the Mexican Federal Copyright Law (Ley Federal del Derecho de Autor) and the Mexican Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial).
Carlos Alberto Duarte Ortega is the sole and exclusive owner of, or holds sufficient license over, all economic copyright and industrial property rights in:
The foregoing rights are protected by the Mexican Federal Copyright Law and the Mexican Federal Law for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, the TRIPS Agreement, the United States Copyright Act, European Union copyright legislation and other applicable law.
The Licensor expressly reserves the rights of reproduction and extraction in respect of the Multimedia Content for text and data mining purposes, and prohibits its use for the training, fine-tuning or evaluation of artificial intelligence systems. This reservation is made expressly and visibly and is effective against any third party.
Where the Application enables features allowing the User or the supervised Minor to create their own content (for example, drawings or mood entries), the User retains all rights in that content. The User grants the Licensor a limited, non-exclusive, royalty-free and revocable license strictly confined to what is necessary to operate the relevant feature on the device. The Licensor does not commercialize, assign, publish or use such content for promotional purposes, save with the User's prior, express, specific and written consent.
Any person who considers that content available in the Application infringes their intellectual property rights may notify the Licensor at contacto@peekabookkids.com, identifying the allegedly infringed work, the specific content complained of, their contact details and a good-faith statement as to the ownership asserted. The Licensor will review the claim and, if well founded, will expeditiously remove or disable the content.
To operate the Application, the Licensor relies on the following third parties, each with a defined function:
The Technology Providers act as data processors or infrastructure service providers to the Licensor, in accordance with their respective terms and conditions of service. They are not parties to these Terms and assume no obligation toward the User arising from them, save as provided in Section 21 with respect to Apple Inc. The details of the personal data processing each of them carries out are described in the Privacy Policy.
By reason of the technical nature of streaming and of access validation, the IP address of the User's device is necessarily transmitted to the servers of Cloudflare and Google (Firebase) in order to establish the connection. That transmission is indispensable to the provision of the service and is limited to that purpose; those providers do not use that information to identify, profile, segment or track Users on the Licensor's behalf, and receive no other personal data of the Minor from the Licensor.
The User acknowledges that the Technology Providers' infrastructure may be located outside their country of residence, including in the United States of America. The Licensor adopts the contractual safeguards required by applicable law, including standard contractual clauses where appropriate, as detailed in the Privacy Policy.
The Licensor may replace any Technology Provider for technical, economic or security reasons, without this affecting the access rights already acquired by the User or the level of protection of their personal data. Where the substitution entails a material change in the processing of personal data, notice shall be given in accordance with Section 19.
As no consideration is payable for downloading the Application from the Transition Date, no refund applies on that account.
The User may request a full refund of the price paid for Premium Content within fourteen (14) calendar days following the date of the transaction, with no need to state any reason or justification.
The request must be sent to contacto@peekabookkids.com, with the subject line "Refund Request — Premium Content," stating the email address or Google account used for the purchase and, where possible, the transaction identifier shown on the receipt. The Licensor will acknowledge receipt within seventy-two (72) business hours.
Once the request is approved, the refund will be issued through the Payment Processor to the same payment instrument used in the original transaction, within a maximum of five (5) business days from approval. The actual credit to the User's account will depend on their financial institution's timelines, generally between five (5) and ten (10) additional business days, which is not attributable to the Licensor.
Once the refund is processed, the Premium Content License terminates automatically and the corresponding access is disabled, with the User retaining access to Free Content.
Users resident in the European Union or the United Kingdom have a fourteen (14) calendar day right of withdrawal under Directive 2011/83/EU and implementing national law. In the case of digital content supplied without a tangible medium, that right is lost where the User has expressly consented to the immediate commencement of performance and has acknowledged that they thereby lose their right of withdrawal. The Licensor will obtain that consent separately and expressly on the Purchase Site. In any event, the commercial guarantee under Section 12.2 is granted independently of this statutory right and neither replaces nor limits it.
Irrespective of the foregoing period, the User is entitled to the remedies provided by the consumer protection laws of their jurisdiction in the event of lack of conformity of digital content, including, as applicable, bringing the content into conformity, a price reduction or termination of the contract with a refund of the price.
The User undertakes to exhaust the procedure set out in this Section before initiating a dispute or chargeback with their financial institution. This obligation neither limits nor suspends the exercise of their statutory rights against that institution. Chargebacks brought in bad faith, or in respect of services actually rendered and not previously complained of, entitle the Licensor to suspend the Account in accordance with Section 18 and to claim any documented costs incurred.
The User acknowledges that, as the acquisition of Premium Content is not processed through Apple or through Google Play, neither the portal reportaproblem.apple.com nor Google Play's refund mechanism is an appropriate channel for requesting a refund of it. That Apple portal remains available only in respect of purchases made through Apple, including those of Legacy Users prior to the Transition Date.
Save as expressly warranted in the preceding clause, and to the fullest extent permitted by applicable law, the Application and the Multimedia Content are provided on an as-is basis. The Licensor does not warrant:
The Multimedia Content is recreational, educational and emotionally supportive in nature. It does not constitute medical, psychological, psychiatric, pediatric or therapeutic advice, does not replace consultation with health professionals, and must not be used to diagnose, treat or prevent any condition. For any concern relating to a Minor's sleep, behavior, development or emotional health, the User should consult a duly qualified health professional.
Monetary cap: the Licensor's total aggregate liability to the User, on any basis and regardless of the form of claim, shall not exceed the amount actually paid by that User in the twelve (12) months preceding the triggering event, and shall in no case exceed MXN $599.00 or its equivalent. For Users who have accessed only Free Content and have made no payment, that cap shall be MXN $0.00.
Excluded damages: the Licensor shall not be liable for indirect, incidental, special, punitive or consequential damages, nor for loss of profit, loss of data, loss of opportunity, reputational harm or loss of time.
The foregoing limitations and exclusions do not apply, and therefore have no effect, in respect of: (i) death or personal injury caused by the Licensor's gross negligence; (ii) willful misconduct or fraud; (iii) willful infringement of the User's intellectual property rights; (iv) product liability where mandatory law does not permit its exclusion; and (v) any other liability that cannot be limited or excluded under mandatory law applicable in the User's jurisdiction. Nothing in these Terms limits any non-waivable rights afforded to the User by consumer protection law.
The User undertakes to hold harmless, defend and indemnify the Licensor against any claim, demand, proceeding, penalty, documented damage and reasonable defense cost arising directly from: (i) their breach of these Terms; (ii) improper, unlawful or unauthorized use of the Application, the Account or the Multimedia Content; (iii) infringement of third-party rights attributable to them; and (iv) use of the Application by Minors under their responsibility without due supervision. This obligation does not extend to cases where the harm arises from the Licensor's own conduct and is limited to what is permitted by applicable consumer protection law.
The Application is designed to be used by Minors under adult supervision, but the contract is in all cases entered into with the parent or legal guardian, who is the sole User for purposes of these Terms. Minors may not create Accounts, acquire Premium Content or be bound by this instrument.
By downloading the Application or creating an Account, the User represents and warrants that they are the parent or legal guardian of the Minor who will use the Application, or that they hold express authorization from such person, and that they give informed consent to the Minor's use of the Application.
The Licensor collects no full name, photographs, voice recordings, precise location, contact details, persistent advertising identifiers or any data enabling the Minor to be directly identified or contacted. Account data belongs to the responsible adult, not to the Minor.
The Application displays no advertising, engages in no behavioral advertising, and incorporates no third-party advertising networks or cross-app or cross-site tracking tools for advertising purposes.
Elements of the Application intended exclusively for the responsible adult — including sign-in, Account management and any links leading outside the Application — are placed behind a parental gate requiring an action a Minor cannot reasonably complete, in accordance with the practices required for applications directed to children.
The responsible adult may at any time request access to, rectification of or deletion of the data associated with the Account, and may withdraw their consent, by writing to contacto@peekabookkids.com. Withdrawal takes effect prospectively and may render it impossible to continue providing the service.
The Licensor observes the Children's Online Privacy Protection Act (COPPA) of the United States of America, the General Data Protection Regulation of the European Union, the Mexican Federal Law on Protection of Personal Data Held by Private Parties, published on March 20, 2025 and in force since March 21 of that year, the Mexican General Law on the Rights of Children and Adolescents, and the applicable App Store provisions and Google Play Families Policy concerning applications directed to children.
Privacy Policy: https://peekabookkids.com/politicadeprivacidad, which forms an integral part of these Terms and is incorporated herein by reference.
Carlos Alberto Duarte Ortega, at the address and contact details set out in Section 1, is the controller of the personal data collected through the Application and the Purchase Site.
Processing is based on performance of the contract entered into with the User, compliance with tax and accounting legal obligations, the responsible adult's consent in respect of use by Minors, and the Licensor's legitimate interest in the security of its systems.
Account data is retained for the duration of the contractual relationship and thereafter for the limitation periods applicable to claims arising from the contract and for the periods imposed by tax obligations, after which it is deleted or anonymized.
The Licensor does not sell, rent, commercialize or transfer to third parties the User's personal data or any information relating to Minors, whether for advertising or any other purpose.
The User may exercise their rights of access, rectification, cancellation and opposition, as well as any rights of restriction, portability, erasure and withdrawal of consent afforded by applicable law, by submitting a request to contacto@peekabookkids.com. The Licensor will respond within the applicable statutory periods. The User may also apply to the competent data protection authority in their jurisdiction.
The Licensor implements reasonable administrative, technical and physical security measures proportionate to the risk, designed to protect personal data against loss, misuse, unauthorized access, disclosure, alteration or destruction. In the event of a security breach materially affecting the User's rights, the Licensor will notify the User without undue delay and will report the incident to the competent authority where required by law.
The Licensor will use commercially reasonable efforts to keep the Application continuously available, without committing to any particular service level or guaranteed availability percentage.
The Licensor may temporarily suspend the service to carry out maintenance, updates or corrections. Where the suspension is scheduled and foreseeable, the Licensor will endeavor to carry it out during off-peak hours and to give reasonable advance notice.
The Licensor shall incur no liability for failure or delay in performing its obligations where this results from causes beyond its reasonable control, including without limitation: widespread Internet or telecommunications failures, prolonged outages affecting Technology Providers, cyberattacks, natural disasters, armed conflict, acts of authority, regulatory changes or rulings preventing provision of the service. Where such cause persists for more than ninety (90) calendar days and renders performance impossible, either party may terminate the contract, with a proportionate refund of the price where applicable under Section 18.5.
All Application updates are provided at no additional cost. The Licensor may require the installation of mandatory updates for reasons of security, defect correction or compatibility.
The exercise of the foregoing powers may not deprive a User who has already acquired Premium Content, or a Legacy User, of substantial access to the content offering on the basis of which they contracted. The occasional withdrawal of specific items for reasons of rights, quality or suitability does not in itself constitute a substantial deprivation.
The Licensor may permanently discontinue the Application upon ninety (90) calendar days' prior notice, given by email to Users holding an Account and by prominent notice within the Application and on the website. During that period, the Licensor will make available, so far as technically possible, a means for the User to download any downloadable materials to which they are entitled, and will assess in good faith whether a proportionate refund is appropriate under Section 18.5.
These Terms remain in force for as long as the User keeps the Application installed or holds an active Account.
The User may terminate the relationship at any time by uninstalling the Application and, where applicable, requesting deletion of their Account. Voluntary termination outside the period set out in Section 12.2 gives rise to no right to a refund.
The Licensor may suspend or terminate the Application License and/or the Premium Content License where the User:
Save in cases of manifest fraud, imminent risk to the security of the service or order of a competent authority, the Licensor will give the User prior notice of the conduct alleged and will allow a period of not less than five (5) business days to respond or to remedy the breach before implementing suspension or termination. Any measure adopted must be proportionate to the seriousness of the conduct.
Upon termination of the license, the User must cease all use and uninstall the Application. Data associated with the Account will be retained for thirty (30) calendar days, during which the User may request its export, after which it will be deleted, save for data whose retention is legally required. Termination attributable to the User's breach gives rise to no right to a refund. Termination attributable to the Licensor, or early discontinuation of the service, shall give rise to a proportionate refund of the price where applicable under the relevant consumer protection law.
Sections 7, 9, 10, 13, 15, 18.5, 18.6, 20 and 22 shall survive termination of this contract on any ground.
The Licensor may amend these Terms to reflect regulatory changes, the evolution of the service or the correction of material errors.
Material amendments — meaning those affecting price, the scope of the access acquired, limitation of liability, jurisdiction or the processing of personal data — will be notified at least thirty (30) calendar days in advance, by email to Users holding an Account and by prominent notice within the Application.
A User who does not accept a material amendment may terminate the relationship before it takes effect. Where the amendment materially and adversely affects access to Premium Content already acquired, the User shall be entitled to a proportionate refund of the price paid.
No subsequent amendment may retroactively deprive the User of access to Premium Content lawfully acquired, nor affect the rights recognized in Section 7.
The Licensor will keep the current version available at https://peekabookkids.com/terminos, stating its version number and effective date, together with access to earlier versions.
These Terms are governed by the laws of the United Mexican States, without prejudice to the mandatory consumer protection provisions of the User's country of habitual residence where these are more favorable to them, which shall prevail to that extent.
With respect to Premium Content, the Licensor acts as supplier and direct seller to the User, without Apple's or Google's intermediation. Accordingly, the provisions on electronic transactions and consumer protection of the User's jurisdiction apply directly, including, for Mexican consumers, the Mexican Federal Consumer Protection Law (Ley Federal de Protección al Consumidor).
The parties will seek to resolve any dispute by good-faith negotiation, for which purpose the User may write to contacto@peekabookkids.com. The Licensor will address the complaint within thirty (30) calendar days.
A consumer User in Mexico may apply to the Federal Consumer Protection Agency (PROFECO), including its online conciliation system (Concilianet), and this contract shall not limit that right.
A consumer User resident in the European Union may use the alternative dispute resolution mechanisms available in their Member State, and may bring proceedings before the courts of their place of habitual residence.
For disputes not resolved by the foregoing means, the parties submit to the jurisdiction of the competent courts of Mexico City. A consumer User retains in all cases the right to sue and be sued before the courts of their place of habitual residence, where the mandatory rules applicable to them so provide.
To the fullest extent permitted by applicable law, disputes shall be resolved individually and not by way of class or representative actions. This waiver does not apply where the User's state law prohibits it, including the states of California and Washington in the circumstances contemplated by their legislation.
To the fullest extent permitted by applicable law, the parties waive their right to trial by jury.
Any action arising from these Terms must be brought within one (1) year from the date on which the cause of action accrued, unless the mandatory law applicable to the User provides a longer period, in which case the latter shall prevail.
Scope of this Section. The following provisions govern exclusively the download and use of the Application obtained through the App Store, as they are provisions contractually required by Apple Inc. of developers who distribute software through that store. They do not apply to the Application obtained through Google Play, for which Google requires no equivalent clauses, and which is instead governed by the rest of these Terms. In accordance with Section 5.13, the acquisition of Premium Content takes place outside the commerce systems of both Apple Inc. and Google LLC, and accordingly the provisions concerning warranty and refund by Apple set out in this Section do not apply to Premium Content.
By using the Application on an Apple device, the User expressly acknowledges and agrees that:
22.1 Entire agreement. These Terms, together with the Privacy Policy and any particular conditions of the Purchase Site, constitute the entire agreement between the parties as to their subject matter and supersede any prior communication, offer or understanding on the same matter, without prejudice to Section 7.
22.2 Severability. A declaration of invalidity, nullity or unenforceability of any provision by a competent authority shall not affect the validity of the remainder, which shall remain in full force. The affected provision shall be construed and applied to the fullest extent permitted by law so as to preserve the parties' original intent.
22.3 No waiver. Forbearance or delay in exercising a right does not constitute a waiver of that right and does not preclude its subsequent exercise.
22.4 Assignment. The User may not assign their contractual position or any rights arising from these Terms. The Licensor may assign them in cases of merger, spin-off, acquisition or transfer of assets, upon notice to the User and without diminishing their acquired rights, in particular those recognized in Section 7.
22.5 Independence of the parties. These Terms create no employment, partnership, agency, franchise or joint venture relationship between the parties.
22.6 Headings. Section headings are included for ease of reading and do not affect the construction of their content.
22.7 Language. Spanish is the official version of these Terms. The English version, available at https://peekabookkids.com/terms, is legally valid. In the event of discrepancy, the Spanish version shall prevail.
22.8 Notices. To the Licensor: contacto@peekabookkids.com and the address set out in Section 1. To the User: the email address associated with their Account or, failing that, with their Apple Account or their Google Play Account, as applicable, together with notices published within the Application. The User undertakes to keep their email address up to date.
22.9 Construction in favor of the consumer. In the event of doubt as to the scope of any clause, it shall be construed in the manner most favorable to the consumer User.
Email: contacto@peekabookkids.com
Invoicing: factura@peekabookkids.com — for requests for Mexican digital tax receipts (CFDI) under Section 5.8 only. Legal notices, refund requests and the exercise of data protection rights must be sent to contacto@peekabookkids.com.
Hours: Monday to Friday, 9:00 to 18:00, Central Time (Mexico), CST/CDT.
Response time: 48 to 72 business hours.
Website: https://peekabookkids.com
Resources for parents: https://peekabookkids.com/recursos-padres
Languages: Spanish and English.
Postal correspondence: to the address set out in Section 1. Response time: 5 to 10 business days.
For enquiries concerning the acquisition of Premium Content (including refunds), please include the receipt issued by Stripe and the email address or Google account used for the purchase.
By downloading, installing, accessing or using the Application, or by acquiring Premium Content, the User represents that:
This document constitutes a legally binding contract between the User and Carlos Alberto Duarte Ortega.