Terms and conditions
BrainsPro provides an online training content creation platform designed to create online Academies and provide online courses, MOOCs, online consultancies, tutorials … (the “Services”), and which allows end users (hereinafter “Users”), to provide training and learning services to Students through https://www.brainspro.com and sub-domains, mobile applications and other media managed by BrainsPro (hereinafter “Sites”).
PLEASE READ THIS DOCUMENT CAREFULLY. BrainsPro is a project of Ecoemprende S.L. with registered address in Calle San Bartolomé 7 6ºE, 29013, Málaga, Spain, registered in the Mercantile Register of Malaga, to volume 5265, folio 171, sheet MA-122.766, inscription 1ª, and CIF B93325603. BrainsPro (hereinafter “Us” or “our”) offers a service for the creation of online content through its website published under the domain brainspro.com and subdomains. Registering on the platform as a subscriber or as a student, or using any of our services, you accept these Terms and conditions of service (hereinafter, “agreement”), constituting a binding agreement between you and BrainsPro (Ecoemprende). If you do not want to be contractually bound by this agreement, do not use our services.
- Account types
- Billing periods
- Payments and refunds
- Account cancelation
- Duration and termination
- Content Restrictions
- Code of conduct
- Other licenses
9.2 Text, images, questionnaires and downloadable files
- Declarations and Warranties
- Rights of third parties and other rights
- Limitation of Liability
- General dispositions
LICENSE: With your account you obtain a limited and non-exclusive license to access and use the BrainsPro platform for your own personal and commercial purposes. This includes the right to view the content available. This license is personal to you and can not be assigned or sublicensed to another person.
RESTRICTIONS: Except as expressly permitted in writing, you will not reproduce, redistribute, sell, create derivative works, decompile, reverse engineer or disassemble the service offered. Neither will you take any action to interfere or damage it. All rights not expressly granted by us are reserved.
- What information we can collect about you;
- What we use that information for; and
- With whom we share this information.
REGISTRATION: To use the BrainsPro service, you must register as a user providing your name, password and valid email address. You must provide complete and accurate registration information and notify us if your information changes. If you are a company, government or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow other users to use your account. You must safeguard the confidentiality of your password. If you use a device that others have access to, you must disconnect from your account after using the service. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Account types
ACCOUNT TYPES: BrainsPro offers two types of account: ACADEMIES (subscription) and STUDENTS (type of account acquired at the moment a user subscribes to any of the published content).
For the ACADEMY account type, BrainsPro offers three subscription plans: BASIC, BRAINS and PRO. Check the plans and prices page to see the features and prices. Features and prices are subject to change.
5. Billing periods
BILLING TERMS: By default, all subscription plans are invoiced month by month or annually.
The acquisition of content by the students is done in one payment.
6. Payments and refunds
PAYMENT CONDITIONS: BrainsPro transfers to the owners of the SCHOOLS their accumulated income (payouts) every 15 days. The income corresponds to 100% of the final sales obtained by each student less the 5% corresponding to bank fees and administration fees.
You can cancel your subscription at any time from your control panel. When you cancel a plan, it is immediately canceled but you are not refunded the remaining days of the period in which you have already been charged. (See more in point 7 ACCOUNT CANCELLATION).
STUDENT REFUNDS: Students may receive a full or partial refund of their purchase within 14 days of purchase and upon request here. After this period, no refunds will be accepted.
7. Account cancellation
By canceling your SUBSCRIPTION plan, your account will cease to be public and your access will be disabled. Your students will only be able to access the content they have already purchased. To completely eliminate all your content, you must send a request here. It is your total responsibility to properly inform your students of the changes produced due to the cancellation and deletion of your account and contents. Your subscription to the current payment will remain active unless you explicitly request that it be removed upon canceling the subscription.
Your subscription can be canceled automatically if payment is suspended or there is an error in the renewal. In such case, you will have seven (7) days, prior notice, to reactivate your subscription.
You can delete your STUDENT account at any time by request here. Once you have deleted your account, you will no longer have access to your content.
TERMINATION FOR BREACH: We may suspend, disable or delete your account (or any part thereof) or block or delete any content you post if BrainsPro determines that you have violated any provision of this Agreement or that your conduct or content could damage our reputation . If we remove your account for these reasons, you will not be able to re-register with BrainsPro. BrainsPro can block your email address and internet protocol address to prevent further registration.
EFFECT OF THE RESOLUTION / ACCOUNT STATEMENT: By deleting or canceling your account, all licenses granted will terminate. If you delete your account for any reason, your content will no longer be available. BrainsPro will not be responsible for the loss of such content.
8. Duration and termination
DURATION: This Agreement begins on the date you first use BrainsPro and continues as long as you have an account with us.
9. Content restrictions
You may not upload, post or transmit (hereinafter “submit”) any video, image, text, audio recording or other work (hereinafter “content”) that:
- Infringes third party copyrights or other rights (eg trademark, privacy rights, etc.);
- Include or refer in any way to sexually explicit content or pornography (provided, however, non-sexual nudity is allowed);
- Include or refer in any way to hateful, defamatory or discriminatory content or incite hatred against any individual or group;
- Explode minors;
- Describe illegal acts or extreme violence;
- Describe animal cruelty or extreme violence towards animals;
- Promote fraudulent schemes, multi-level marketing schemes (MLM), or any other dubious monetary firm; or
- He violated any law.
All content you submit must also comply with the Ecoemprende Guidelines, which are incorporated into this Agreement.
10. Code of conduct
When using BrainsPro, you must behave in a civic and respectful manner at all times.
Also, you should not:
- Acting deceptively, among other things, posing as another person;
- Harass any other person;
- Damage or exploit minors; or
- Distribute “spam”.
BrainsPro has the right, but not the obligation, to monitor any conduct and content posted or shared.
11. Other Licenses
LICENSE to BrainsPro: Between you and BrainsPro, you are the owner of the video content (“videos”) that you publish. BrainsPro will not copy, transmit or publicly display your video content without your express permission.
LICENSE TO OTHER USERS: You also grant permission to all registered students to your courses to view your videos for personal and non-commercial purposes. If you have configured your videos as downloadable, your students also have the right to download a copy of your videos on their personal devices. The previous licenses are in addition to any license that you decide to grant (for example, a Creative Commons license).
DURATION OF LICENSES: Previous licenses will continue until you remove your videos, in which case the licenses will terminate within a commercially reasonable period. Notwithstanding the foregoing, the license for archival / conservation purposes shall continue indefinitely.
11.2 Text, images, questionnaires and downloadable files
You also have all the text, images, questionnaires and downloadable content that you upload to your SCHOOL. All registered students of your courses will be able to access your content for your personal and non-commercial purposes. If you have uploaded downloadable documents, your students also have the right to download a copy of these documents on their personal devices.
12. Declarations and Warranties
For each piece of content you submit, you represent and warrant that: (a) you have the right to send the content to BrainsPro and grant the licenses previously established; (b) BrainsPro will not need to obtain third party licenses or pay royalties to third parties; (c) the content does not infringe the rights of third parties, including intellectual property rights and privacy rights; And (d) the content complies with this Agreement and all applicable laws.
You will compensate, defend and hold harmless BrainsPro and its affiliates, directors, employees and agents from and against all actions of third parties that: (a) arise from their activities in our service; (b) are the result of a breach by you of any term of this Agreement; OR (c) is the result of any content you submitted to BrainsPro and violates any law or infringes any rights of third parties, including any intellectual property or right of privacy.
14. Rights of third parties and other rights
BrainsPro respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set out in our Copyright Policy, which is incorporated into this Agreement. For other intellectual property claims, send us an email notice to firstname.lastname@example.org
We reserve the right to modify our Service and we undertake to inform you of any changes or modifications affecting the terms of this Agreement. You are responsible for providing your own access (for example, equipment, mobile device, Internet connection, etc.) to BrainsPro. BrainsPro has no obligation to monitor or monitor any content and does not guarantee that any available content complies with this Agreement or is suitable for all users.
BrainsPro provides its Service “as it is” and “as available”. Therefore, you use it at your own risk. BrainsPro expressly disclaims any and all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties that may arise under Any law. Without limiting the foregoing, BrainsPro makes no representation or responsibility:
- That our service is allowed in your jurisdiction;
- That our service is uninterrupted or error-free;
- Of any content submitted by any member;
- The use by third parties of the content you send;
- That our service meets your business or professional needs;
- Of sites and resources outside our service, even if they are linked.
To the extent no liability exemption or limitation of liability applies, all applicable express, implied and statutory warranties shall be of limited duration for a period of thirty (30) days after the date you first used BrainsPro , With no guarantee being applied after this period.
16. Limitation of liability
To the greatest extent permitted by law: (a) BrainsPro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (b) BrainsPro’s total liability to you will not exceed the amounts paid by you to BrainsPro during the twelve (12) months prior to your claim(s).
17. General dispositions
APPLICABLE LAW: This Agreement shall be governed by Spanish law, without regard to the principles of conflict of laws.
DISPUTES: Any action that arises from or related to this Agreement or its use of the Service must be initiated according to the arbitration procedure recognizing the jurisprudence applicable to the territory in which our headquarters is located.
INTERPRETATION; DIVISIBILITY; RESIGNATION; REMEDIES: Headings are for convenience only and should not be used to interpret the terms of this Agreement. If any term of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, that term shall be severed from this Agreement. No failure or delay by us in the exercise of any right under this document shall exonerate any further exercise of that right. BrainsPro’s rights and remedies are cumulative and non-exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARY: This Agreement is binding and shall apply to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and authorized assigns. You may not assign this Agreement without our prior written consent. No third party shall have any rights hereunder.
WARNINGS: You agree to receive all communications including notices, agreements, disclosures or other information from us electronically. BrainsPro can provide all these communications by email or posting them on your site. For questions related to support, you can contact us. Nothing contained herein shall limit our right to object to subpoenas, claims or other claims.
MODIFICATION: This Agreement can not be modified except by a revision of the Terms of Service published by us or a written amendment signed by an authorized representative. The revised Terms of Service will be effective as of the date it is published on BrainsPro.
FULL AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between BrainsPro and you on the subject matter of this document and supersedes all prior agreements and understandings therein.