Terms of use

Last updated on April 20, 2020.


These terms of use (the “Terms of Use”establish the terms and conditions for accessing and using the websites hosted under the domain names and any subdomains depending thereupon, as well as any applications or websites owned by GENIALLY WEB, S.L. (“GENIALLY”made available to its users (hereinafter, “Users”) free of charge.


Hereinafter, the websites and applications listed in the paragraph above shall be referred to jointly as “GENIALLY Applications and Websites”.


Simply accessing Genially Applications and Websites necessarily entails the knowledge, understanding, and unconditional acceptance of these Terms of Use. Therefore, Users should carefully read these Terms of Use, as well as any messages, instructions, or warnings provided to them while they browse or use the GENIALLY Applications and Websites, as Users must comply with all of them. If Users disagree with these stipulations, they should not use the GENIALLY Applications and Websites.


GENIALLY reserves the right to modify or update the Terms of Use at any time without prior notice due to regulatory requirements, technical issues, changes to the services offered by GENIALLY, or the company’s strategic decisions by modifying or updating the text accessible to Users in these Terms of Use; Users should therefore periodically review them.


If Users do not agree with the changes, they must refrain from using GENIALLY Applications and Websites and, where applicable, deregister from any registries associated therewith. Any use of GENIALLY Applications and Websites after such changes shall entail acceptance thereof.


1. Owner identity

The owner of the GENIALLY Applications and Websites is GENIALLY WEB SL, TIN: B56019912; Registered Office: PLAZA RAMÓN Y CAJAL, 4, 4º, 14003 Córdoba, Spain; Registered in the Commercial Registry of Córdoba, Book 2154, Sheet 51, number CO-35517, entry 1.


Email: support@genial.ly


2. Purpose

The Website provides users with a tool to easily and intuitively create and customize digital and interactive content, Creations, based on their needs (the “Service”).


3. Minors

Users who use the services offered on GENIALLY Applications and Websites guarantee they are over 14 years old. If GENIALLY discovers a that a minor under 14 is using or has used, made a purchase, collected data, or registered as a User, it will immediately delete all of the data and information collected, as well as remove their GENIALLY Applications and Websites User data from the registry and suspend the provision of Service.


In the event that a User who signs up for the services offered on the GENIALLY Applications and Websites is 14-17 years old, they must notify their parents or guardians of the provisions of these Terms of Use, Conditions of Service, Privacy Policy, and Cookie Policy, as well as use the Service provided by the GENIALLY Applications and Websites under the supervision of their parents or guardians.


4. Access to GENIALLY Applications and Websites

Accessing, browsing, and using the GENIALLY Applications and Websites is free. However, some of the services provided via the GENIALLY Applications and Websites may be paid services governed by special conditions of service, policies, and/or instructions that, in such cases, shall replace, supplement, or amend the content of these Terms of Use.


Users must access GENIALLY Applications and Websites in accordance with good faith, public order, and these Terms of Use. Access is exclusively the responsibility of the User, who shall be liable for any damages they may cause to third parties or GENIALLY.


Users undertake to appropriately and lawfully use GENIALLY Applications and Websites pursuant to applicable legislation and these Terms of Use. Users must refrain from:


  • Making any unauthorized or fraudulent use of GENIALLY Applications and Websites;
  • Accessing or attempting to access restricted resources on GENIALLY Applications and Websites;
  • Impersonating third parties or harassing other Users, as well as using GENIALLY Applications and Websites and their different applications in an offensive, harmful, or inappropriate manner, pursuant to the law, good faith, common decency, and public order;
  • Using GENIALLY Applications and Websites for purposes that are unlawful, illegal, contrary to the provisions of these Terms of Use, that violate the rights and interests of third parties, or any other use that may damage, render useless, overload, or hinder the normal use or enjoyment of GENIALLY Applications and Websites;
  • Damaging GENIALLY Applications and Websites, third-party systems, or other Users’ systems, as well as, particularly, introducing or disseminating viruses or any other hardware or software that may damage GENIALLY, third-party, or other Users’ systems;
  • Attempting to access, use, and/or manipulate the data of GENIALLY, third-parties, or other Users;
  • Uploading to creations any image or photo not permitted by law or common decency, or uploading to the GENIALLY Applications and Websites any type of file camouflaged as an image containing any kind of virus or similar code;
  • Applying reverse engineering, decompiling, or decryption techniques or using any other system to see the source code of GENIALLY Applications and Websites or any other component subject to copyright or intellectual or industrial property rights;
  • Sharing or publishing the formula models GENIALLY provides registered Users via GENIALLY Applications and Websites for commercial purposes;
  • Providing the email address of one or more third parties without their express consent;
  • Using any material subject to third-party intellectual or industrial property rights, without said parties’ express authorization, to create creations. Creations shall be totally original and any User who creates one undertakes to hold GENIALLY harmless for any liability to third parties alleging a violation of their intellectual or industrial property rights that may arise from the components of different creations made by the User; and/or
  • Modifying or attempting to modify GENIALLY Applications and Websites or carrying out any actions or using any measures to alter its appearance or functions.

5. Limitation of liability

GENIALLY does not guarantee the availability or continuous functioning of GENIALLY Applications and Websites. As a result, GENIALLY shall under no circumstances be held responsible for any damages that may arise from:


  • Lack of availability or access to GENIALLY Applications and Websites;
  • Interruption to the functioning of GENIALLY Applications and Websites or bugs, telephone malfunctions, disconnections, delays, or blockages caused by deficiencies or overloaded telephone lines, data centers, Internet systems, or other electronic systems occurring while they are in operation;
  • Errors to or delays in access to GENIALLY Applications and Websites for Users when introducing their data into the registration form, slowness, or any other anomaly that may arise when these incidents are due to problems with the Internet network, acts of God or force majeure, or any other unforeseeable contingency unrelated to GENIALLY’s good faith;
  • Losses or damages of any kind arising from accessing and using GENIALLY Applications and Websites, including, but not limited to, those occurring on IT systems or those caused by the introduction of viruses and/or cyberattacks;
  • The truthfulness, completeness, or timeliness of any information not created internally;
  • Any differences or inaccuracies arising on GENIALLY Applications and Websites due to a lack of resolution on the mobile device's screen, problems with the browser being used, or other problems of this nature;
  • Technical failures due to acts of God or other events that hinder the normal functioning of the online service. Lack of availability of GENIALLY Applications and Websites due to maintenance or other reasons affecting the availability of the service.
  • Other damages that may be caused by third parties in unauthorized interference out of the control of GENIALLY Applications and Websites.

GENIALLY does not guarantee the absence of viruses or other elements introduced by third parties unaffiliated with GENIALLY onto GENIALLY Applications and Websites that may alter User hardware or software or their electronic documents and files stored on their systems. As a result, GENIALLY shall not, under any circumstances, be held liable for damages of any kind arising from the presence of viruses or other components that may alter Users’ hardware or software, electronic documents, or files.


Under no circumstances does GENIALLY guarantee or assume any liability for the availability or accessibility of the payment platform or interruption to its functioning, bugs, errors, or delays not attributable to GENIALLY Applications and Websites or GENIALLY.


GENIALLY does not guarantee that unauthorized third parties cannot learn the conditions, characteristics, and circumstances under which Users access GENIALLY Applications and Websites. As a result, GENIALLY shall under no circumstances be liable for any damages that may arise from said unauthorized access.


GENIALLY shall not be liable for any content provided by the User, such as photographs or files, nor does it confirm the ownership of copyright on User-provided images or videos.


By executing these Terms of Use, Users state that they shall hold GENIALLY harmless from any claims leveled against it or its parent company, executives, partners, employees, attorneys, and agents arising from Users’ failure to comply with any provision contained in these Terms of Use or any law or regulation applicable thereto regarding non-compliance with or the violation of third-party rights.


GENIALLY shall only be liable for damages to Users resulting from any fraudulent or manifestly negligent action performed by the former with regard to access to GENIALLY Applications and Websites, the provision of its services, as well as the use of the content, tools, and functionalities of GENIALLY Applications and Websites.


6. Links to third-party sites

GENIALLY has no control over the content of other websites that can be accessed from GENIALLY Applications and Websites; or those that provide access to it via different links. Therefore, GENIALLY shall be held harmless for the information contained thereon and any repercussions arising from said information. GENIALLY makes said links available to Users for their comfort and convenience, and this action can in no way be interpreted as GENIALLY’s approval or sponsorship of the content of said websites. GENIALLY does not offer any express or tacit guarantees on the truthfulness, ownership, validity, or legality of any of the linked websites or their content.


If any User or third party believes that the content to which GENIALLY Applications and Websites allow access via links may violate the law, common decency, or public order, they should inform GENIALLY via email: support@genial.ly.


7. Compensation

In the event that GENIALLY, the companies within its group, or any other parties involved in the creation, production, and distribution of these GENIALLY Applications and Websites incur any damage, harm, loss, or cost (including attorneys’ fees where necessary) as a result of Users’ failure to comply with these Terms of Use, the Users in question shall be compelled to indemnify said damages in full. The provisions above shall particularly apply in cases including, but not limited to the following: when, as a result of Users’ failure to comply, claims are filed by third parties against GENIALLY or any other company in its group. Users shall hold GENIALLY and the companies in its group harmless for any cost, expense, or damage to which they may be entitled as a result of said parties’ actions, provided that said cost, expense, or damage, is based on a failure on the part of the User to comply with these Terms of Use.


8. Intellectual and industrial property

These GENIALLY Applications and Websites belong to GENIALLY. Their contents (including, but not limited to, their source code, trademarks, images, icons, designs, and general appearance) are protected pursuant to Spanish, European Union, and international regulations, copyright, trademarks, and other intellectual and industrial property rights owned by GENIALLY, companies in its group, or third parties. Accessing these GENIALLY Applications and Websites does not grant authorization or license of any kind over said content and rights nor can it be interpreted as such.


Certain trade names, brands, logos, slogans, drawings, fashion designs, and other material displayed on these GENIALLY Applications and Websites belong to and/or are duly registered by GENIALLY or other companies. Users are not authorized to use any of said components, which shall continue to be the property of GENIALLY.


Any reproduction, distribution, transformation, public communication, or any other type of full or partial disclosure of the content of the GENIALLY Applications and Websites, and/or generally any full or partial exploitation of the content (images, texts, design, indices, forms, etc.), and any databases that GENIALLY may contain for any purpose protected by applicable legislation, especially pursuant to intellectual and industrial property regulations, is expressly prohibited.


Users may occasionally print copies of models, formulas, or documents from GENIALLY Applications and Websites, provided it is for personal, non-commercial use.


GENIALLY expressly reserves the right to file any civil and criminal action to which it may be entitled by virtue of Spanish and foreign law as a result of the violation of the peaceful possession and/or unauthorized use of its industrial and intellectual property rights.


9. Data protection

Browsing and using certain Services on GENIALLY Applications and Websites may require Users to provide personal data. GENIALLY processes these kinds of data in compliance with the applicable legislation, pursuant to its Privacy Policy , which is part of these Terms of Use.


10. Cookie policy

While browsing GENIALLY Applications and Websites, cookies will be used. Their use shall be governed pursuant to the provisions of the applicable regulations and the provisions of the GENIALLY Applications and Websites  Cookie Policy which, in turn, is part of the Privacy Policy.


Cookies are small data files that are stored on the Users’ devices when they visit GENIALLY Applications and Websites. The files contain or store certain information about the visit.


11. Notifications

GENIALLY shall send any relevant notifications to the email address provided by the users in their registration forms.


12. Transfer

Users cannot transfer their rights and obligations under these Terms of Use without prior written consent from GENIALLY. Moreover, GENIALLY may make transfers to any company within its group, anywhere in the world, as well as to any individual or entity involved in the operation of its business for any reason.


13. Waivers

No GENIALLY waiver of a specific right or legal action or a failure by GENIALLY to require strict User compliance with any of their obligations shall entail the waiving of any other rights or actions arising from a contract or these Terms of Use, nor shall it release Users from compliance with their obligations.


No GENIALLY waiver of any of these Terms of Use or the rights or actions arising from a contract shall become effective, unless the waiver is expressly established, set out in writing, and furnished to the User.


14. Severability and interpretation

These Terms of Use constitute an agreement between each of the Users and GENIALLY. If the competent authority declares any provision to be illegal, invalid, or unenforceable, it must be interpreted in the manner most similar to the original intent of said provision. Such declaration with regard to one or several clauses shall not affect the validity of the remaining clauses. GENIALLY’s failure to require strict compliance with any of the stipulations contained in these Terms of Use does not constitute nor may it be interpreted under any circumstance as said party waiving a requirement of strict compliance in the future.


15. Language

The language applicable to these Terms of Use is Spanish. Therefore, Users expressly accept that they are governed by the Spanish language version. If a version is made available in any other language, it is a courtesy provided for the comfort of the Users.


16. Applicable law and jurisdiction

These GENIALLY Applications and Websites, their contents and services, the relationships between Users and GENIALLY, as well as these Terms of Use shall be governed and must be interpreted pursuant to Spanish law; except when the applicable regulations require them to be subject to another law.


Any issue or dispute arising from or related to these GENIALLY Applications and Websites, their content and services, the relationships between Users and GENIALLY, as well as these Terms of Use shall be subject to the courts and tribunals of the city of Madrid; except in cases where the applicable regulations require another jurisdiction, such as the courts and tribunals of the domicile of the User, which shall be strictly respected, where required.


Conditions of service

Last updated on April 20, 2020.


These conditions of service (the “Conditions of Service””) set out the terms and conditions that will govern the provision of the services provided by GENIALLY WEB, S.L. (“GENIALLY”) via the websites hosted under the domain names and subdomains dependent thereon, as well as any applications or websites owned or controlled by GENIALLY, that are made available to users (the “Users”) free of charge.


Hereinafter, the websites and applications listed in the paragraph above shall be referred to jointly as “GENIALLY Applications and Websites”.


The User's registering for GENIALLY Websites and/or Applications necessarily entails the knowledge, understanding, and unconditional acceptance of the terms and conditions stipulated in these Conditions of Service, as well as the terms and conditions stipulated in the terms of use available via the following link Terms of Use. Therefore, Users should carefully read these Conditions of Service, as well as the Terms of Use, any messages, instructions, or warnings provided to them while they browse or use the services provided on the Website, as Users must comply with all of them. If Users disagree with these stipulations, they should not use the Website.


GENIALLY reserves the right to modify or update the Conditions of Service at any time without prior notice due to regulatory requirements, technical issues, changes to the services offered by GENIALLY or the strategic decisions made by companies that are part of GENIALLY, by modifying or updating the text accessible to Users in these Conditions of Service; Users should therefore periodically review them.


If Users do not agree with the changes, they must refrain from using the Website and, where applicable, deregister from any records associated therewith. Any use of the Website after such changes shall entail acceptance thereof.


1. Identity of the Website’s owner

The owner of this Website is GENIALLY WEB SL, TIN: B56019912; Registered Office: PLAZA RAMÓN Y CAJAL, 4, 4º, 14003 Córdoba, Spain; Registered in the Commercial Registry of Córdoba, Book 2154, Sheet 51, number CO-35517, entry 1.


Email: support@genial.ly


2. Definitions

The following definitions apply to these Conditions of Service:


  • Subscription Plan: The services purchased by the User indicated in the “Cost of Service” section.
  • Free Templates: Models that can be used by Free Users.
  • Premium Templates: Models that can be used by Premium Users.
  • Creations: Content generated by Users with the templates provided by the Website.
  • Public Creation: Creations that the User marks as public allowing them to be shared with a public URL. Such Creations may be found on commonly used search engines.
  • Private Creation: Creations that the User marks as private allowing them to be shared with a private URL. Such Creations may not be found on commonly used search engines. The User will also have the option to password protect the Creation.
    If the User decides to share their Private Creations via URL, they will only be visible to the User and anyone they share it with.
  • Reusables: Creations that, having been marked as Public Creations, the User decides to mark as reusable, allowing other Users to use the design and content included therein.
  • Free Users: Any User who selects the free Subscription Plan, as indicated in the “Cost of Service” section.
  • Premium Users: Any User who selects any of the paid Subscription Plans, as indicated in the “Cost of Service” section.

3. Services provided by GENIALLY

The Website provides users with a tool to easily and intuitively create and personalize digital and interactive content, Creations, based on their needs (the “Service”).


4. Features for Free and Premium Users

Depending on the Subscription Plan chosen by Users, they will enjoy different features. You can learn about the features of the different Subscription Plans offered by GENIALLY


Users must also take into account that Free Users may only use the Free Templates, while Premium Users can use the Free and Premium Templates under the conditions indicated in the “Cost of Service” section.


5. Reusables Service

Free Users may use the Creations generated with Free Templates that are marked as Reusable.


Premium Users may use the Creations generated with Free and Premium Templates that are marked as Reusable.


However, if a Premium user shares a Reusable created with a Free Template, Free Users will be able to use said Reusable within the limitations indicated in their Subscription Plan.


Moreover, Users that use any Reusable must comply with the provisions of the “Intellectual and industrial property rights” section of these Conditions of Service.


Reusables shall be governed by their own specific terms and conditions, which will be provided to Users when they decide to mark their Creation as a Public and Reusable Creation. Users may also consult said specific terms and conditions via the following link.


6. Sharing User Creations

Users may share their Creations through the different channels enabled on the GENIALLY Website, pursuant to the provisions of these Conditions of Service and the Terms of Use of the Website. The above notwithstanding, other Users cannot modify said Creations for their own purposes.


In the event that a User becomes aware that intellectual or industrial property rights, or similar, are being violated with Creations, they may notify GENIALLY by sending an email to support@genial.ly including a claim with all the relevant information.


Said claim must contain the following information:


  • A description of the work protected by copyright or any other intellectual property right that has been violated.
  • A reasonably sufficient description of the content and the infringing information to allow us to locate the infringing content.
  • User contact information, including their address, phone number, and email address.
  • A statement that the User has unsuccessfully requested the infringing User cease all infringing activity or that they were unable to identify said infringing User.
  • A statement from the User stating that they believe in good faith that the use of the infringing content identified is not authorized by the owner of said rights, their representative, or the law.
  • A statement from the User that the information in the notification is accurate and that they are the owner of the infringed copyright or other intellectual property right, or they are authorized to act on behalf thereof.
  • The User’s signature.

7. Cost of Service

The price of the Service provided by GENIALLY shall depend on the Subscription Plan the User signs up for.


GENIALLY currently offers several different Subscription Plans Users can learn about the services and prices offered by GENIALLY with the following link.


Service shall be charged in the way selected by the User, via the payment methods provided by GENIALLY on the Website.


8. User obligations and liability

When they register for the Website, Users undertake to diligently, appropriately, and lawfully use the Website and Services in full compliance with the law, common decency, public order, and commonly accepted practices.


GENIALLY restricts certain Services to Users who have previously registered for Website. When Users register, they must select a username (ID) and password and undertake to keep and use it with due care. Users may register via social media and other media enabled by the Website.


Credentials are personal and non-transferable, and therefore passwords cannot be shared with third parties. As a result, the User is solely responsible for the proper use of their credentials and shall be held strictly and absolutely liable for any other use thereof. In the event that you discover or suspect that your password is being used by third parties, you should notify GENIALLY of this circumstance as soon as possible.


Users guarantee to GENIALLY that all the personal information they provide is accurate, truthful, and timely; this includes the banking information they provide to pay for the Services. The User is responsible for keeping their data up-to-date at all times; the User is solely responsible for any inaccuracies or falsehoods in the data provided to GENIALLY and any damages they may cause GENIALLY or third parties.


Users accept that GENIALLY utilizes the Creations generated thereby to promote its brand on the market and will identify the User who created said Creation. In the event that the creator is an individual, the consent of the User in question will always be requested in advance. If the creator is a legal entity, the Customer authorizes GENIALLY to credit it and include its distinctive signs within the framework of its informational and promotional activity. Users also accept that, in the event they share their Creations on social media, GENIALLY may use said materials, which are entirely public and accessible via the Internet, to promote its brand on the market. In this case, consent will not be sought from the User in question.


The User is expressly prohibited from:


  • Any unauthorized or fraudulent use of the Website;
  • Accessing or attempting to access the Website’s restricted resources;
  • Impersonating third parties or harassing other Users, as well as using the Website and its different applications in an offensive, harmful, or inappropriate manner, pursuant to the law, good faith, common decency, and public order.
  • Using the Website for purposes that are unlawful, illegal, contrary to the provisions of these Terms of Use, that violate the rights and interests of third parties, or any other use that may damage, render useless, overload, or hinder the normal use or enjoyment of the Website;
  • Damaging the Website, third-party systems, or other Users’ systems, as well as, particularly, introducing or disseminating viruses or any other hardware or software that may damage GENIALLY, third-party, or other Users’ systems;
  • Attempting to access, use, and/or manipulate the data of GENIALLY, third-parties, or other Users;
  • Inserting into Creations any image or photo not permitted by law or common decency, or uploading to the Website any type of file camouflaged as an image containing any kind of virus or similar code.
  • Applying reverse engineering, decompiling, or decryption techniques or using any other system to see the source code of the Website or any other component subject to copyright or intellectual or industrial property rights;
  • Sharing or publishing the formula models GENIALLY provides Registered Users via the Website for commercial purposes;
  • Providing the email address of one or more third parties without their express Consent; and/or
  • Modifying or attempting to modify the Website or carrying out any actions or using any measures to alter its appearance or functions.

9. GENIALLY obligations and limitation of liability

GENIALLY is responsible to its Users for providing the Services in accordance with the provisions of these Conditions of Service.


GENIALLY does not guarantee the availability or continuous functioning of the Website. As a result, GENIALLY shall under no circumstances be held responsible for any damages that may arise from:


  • Lack of availability or access to the Website;
  • Interruption to the functioning of the Website or bugs, telephone malfunctions, disconnections, delays, or blockages caused by deficiencies or overloading on telephone lines, data centers, the Internet system, or other electronic systems occurring while they are in operation;
  • Errors to or delays in access to the Website for Users when introducing their data into the registration form, slowness, or any other anomaly that may arise when these incidents are due to problems with the Internet network, acts of God or force majeure, or any other unforeseeable contingency unrelated to GENIALLY’s good faith;
  • Losses or damages of any kind arising from accessing and using the Website, including, but not limited to, products on IT systems or those caused by the introduction of viruses and/or cyberattacks;
  • The truthfulness, completeness, or timeliness of any information not created internally;
  • Any differences or inaccuracies arising on the Website due to a lack of resolution on the mobile device's screen or issues with the browser being used, or other problems of this nature;
  • Technical failures due to acts of God or other events that hinder the normal functioning of the online service. Lack of availability of the Website due to maintenance or other reasons affecting the availability of the service.
  • Other damages that may be caused by third parties by unauthorized intrusions out of the control of the Website.

GENIALLY does not guarantee the absence of viruses or other elements introduced by third parties unaffiliated with GENIALLY onto the Website that may alter User hardware or software or their electronic documents and files stored on their systems. As a result, GENIALLY shall not, under any circumstances, be held liable for damages of any kind arising from the presence of viruses or other components that may alter Users’ hardware or software, electronic documents, or files.


GENIALLY does not guarantee that unauthorized third parties cannot learn the conditions, characteristics, and circumstances under which Users access the Website. As a result, GENIALLY shall under no circumstances be liable for any damages that may arise from said unauthorized access.


GENIALLY shall not be liable for any content provided by the User, such as photographs or files, nor does it confirm the ownership of copyright on User-provided images or videos.


By executing these Conditions of Service, Users state that they shall hold GENIALLY harmless from any claims leveled against it or its parent company, executives, partners, employees, attorneys, and agents arising from Users’ failure to comply with any provision contained in these Conditions of Service or any law or regulation applicable thereto regarding non-compliance with or the violation of third-party rights.


GENIALLY shall only be liable for damages to Users resulting from any fraudulent or manifestly negligent action performed by the former, with regard to access to the Website, the provision of its services, as well as the use of the content, tools, and functionalities of the Website.


10. Waiving of the right to return services

Users accept the immediate provision of the Service upon signing up for any of the Subscription Plans offered by GENIALLY. Users also accept that they shall have no right to return the Service.


If Users wish to return the Service once it has been provided by GENIALLY, they must follow the cancellation procedure set out in the “Renewing or canceling the Subscription Plan” section.


11. Renewing or canceling the Subscription Plan

The Subscription Plan chosen by the User shall be automatically renewed upon completion, unless the User canceled said Subscription Plan previously.


Users may cancel their Subscription Plan at any time and shall continue to have access to it and any associated services until the end of the billing period. No cancellation shall entail the reimbursement of any amount already paid for the Subscription Plan. Payments are non-refundable and no returns or credits will be provided for any portion of monthly or annual subscription periods.


The cancellation of the Subscription Plan shall take effect upon completion of the Subscription Plan taken out and Users who cancel their Subscription Plans shall become Free Users at the end of the purchased Subscription Plan.


In order for a User to be able to cancel their subscription they must follow the steps indicated by GENIALLY for said cancellation to become effective.


If the User purchased the Subscription Plan with a discount coupon, said discount shall only be applied once. Therefore, at the end of the Subscription Plan, if the User has not previously canceled the plan by the deadline, the Subscription Plan shall be renewed for the non-discounted amount indicated in the “Cost of Service” section.


12. Compensation

In the event that GENIALLY, the companies within its group, or any other parties involved in the creation, production, and distribution of this Website incur any damage, harm, loss, or cost (including attorneys’ fees where necessary) as a result of Users’ failure to comply with these Conditions of Service, the Users in question shall be compelled to indemnify said damages in full. The provisions above shall particularly apply in cases including, but not limited to the following: when, as a result of Users’ failure to comply, claims are filed by third parties against GENIALLY or any other company in its group. Users shall hold GENIALLY and the companies in its group harmless for any cost, expense, or damage to which they may be entitled arising from said parties’ actions, provided that said cost, expense, or damage is based on a failure on the part of the User to comply with these Conditions of Service.


13. Intellectual and industrial property

This Website belongs to GENIALLY. Its contents (including, but not limited to, its source code, trademarks, images, icons, designs, and general Creation) are protected pursuant to Spanish, European Union, and international regulations, copyright, trademarks, and other intellectual and industrial property rights owned by GENIALLY, companies in its group, or third parties. Accessing this Website does not grant authorization or license of any kind over said content and rights nor can it be interpreted as such.


Certain trade names, brands, logos, slogans, drawings, fashion designs, and other material displayed on this Website also belong to and/or are duly registered by GENIALLY or other companies. Users are not authorized to use any of said components, which shall continue to be the property of GENIALLY.


Any reproduction, distribution, transformation, public communication, or any other type of full or partial disclosure of the content of the Website, and/or generally any full or partial exploitation of the content (images, texts, design, indices, forms, etc.), and any databases that GENIALLY may contain for any purpose protected by applicable legislation, especially pursuant to intellectual and industrial property regulations, is expressly prohibited.


Users may occasionally print copies of individual pages of the Website, provided it is for personal, non-commercial use.


Users who create any Creation guarantee that they did not use any material subject to third-party intellectual or industrial property rights without said parties’ express authorization. Creations shall be totally original and any User who creates one undertakes to hold GENIALLY harmless for any liability to third parties alleging a violation of their intellectual or industrial property rights that may arise from the components of different Creations made by the User.


Any User who uses and/or plagiarizes a portion of any Reusable, as said term is defined in the Specific Reusable Conditions, must credit the creator thereof whenever the work is not anonymous. The User shall also respect all intellectual and industrial property rights arising from the Reusable.


GENIALLY expressly reserves the right to file any civil and criminal action to which it may be entitled by virtue of Spanish and foreign law as a result of the violation of the peaceful possession and/or unauthorized use of its industrial and intellectual property rights.


14. Data protection

Browsing and using certain Services on this Website may require Users to provide personal data. GENIALLY processes these kinds of data in compliance with the applicable legislation, pursuant to its Privacy Policy, which is part of these Conditions of Service.


15. Cookie Policy

While browsing the Website, cookies will be used. Their use shall be governed pursuant to the provisions of the applicable regulations and the provisions of the Website’s Cookie Policy which, in turn, is part of the Privacy Policy.


Cookies are small data files that are stored on the Users’ devices when they visit the Website. The files contain or store certain information about the visit.


16. Complaint forms

EComplaint forms are available to Users. They can request them by writing to our support email support@genial.ly


17. Notifications

GENIALLY shall send any relevant notifications to the email address provided by the Users.


18. Transfer

Users cannot transfer their rights and obligations under these Conditions of Service without prior written consent from GENIALLY. Moreover, GENIALLY may make transfers to any company within its group, anywhere in the world, as well as to any individual or entity involved in the operation of its business for any reason.


19. Waivers

No GENIALLY waiver of a specific right or legal action or a failure by GENIALLY to require strict User compliance with any of their obligations shall entail the waiving of any other rights or actions arising from a contract or these Conditions of Service, nor shall it release Users from compliance with their obligations.


No GENIALLY waiver of any of these Conditions of Service or the rights or actions arising from a contract shall become effective, unless the waiver is expressly established, set out in writing, and furnished to the User.


20. Severability and interpretation

These Conditions of Service constitute an agreement between each of the Users and GENIALLY. If the competent authority declares any provision to be illegal, invalid, or unenforceable, it must be interpreted in the manner most similar to the original intent of said provision. Such declaration with regard to one or several clauses shall not affect the validity of the remaining clauses. GENIALLY’s failure to require strict compliance with any of the stipulations contained in these Conditions of Service does not constitute nor may it be interpreted under any circumstance as said party waiving a requirement of strict compliance in the future.


21. Language

The language applicable to these Conditions of Service is Spanish. Therefore, Users expressly accept that they are governed by the Spanish language version. If a version is made available in any other language, it is a courtesy provided for the comfort of the Users.


22. Applicable law and jurisdiction

This Website, its contents and services, the relationships between Users and GENIALLY, as well as these Conditions of Service shall be governed and must be interpreted pursuant to Spanish law; except when the applicable regulations require them to be subject to another law.


Any issue or dispute arising from or related to this Website, its content and services, the relationships between Users and GENIALLY, as well as these Conditions of Service shall be subject to the courts and tribunals of Madrid; except in cases where the applicable regulations require another jurisdiction, such as the courts and tribunals of the domicile of the User, which shall be strictly respected, where required.


Specific reusable as template conditons

Last updated on April 20, 2020.


Users (the “Users”) who use or browse the websites hosted under the domain names and any subdomains dependent thereon, as well as any applications or websites owned or controlled by GENIALLY WEB, S.L. (hereinafter, “GENIALLY”) shall be able to publicly share any creations they wish to with other Users so that they can reuse the design and content included therein. Such Creations shall be referred to in these conditions as the “Reusables.”


Hereinafter, the websites and applications listed in the paragraph above shall be referred to jointly as “GENIALLY Applications and Websites.”


The acceptance that GENIALLY may publish the User's creations on GENIALLY Applications and Websites and treat them as Reusable necessarily entails the knowledge, understanding, and unconditional acceptance of the specific conditions set out in this document.


Users who are minors cannot share Reusables. In the event that a minor publishes a Reusable and GENIALLY becomes aware of this circumstance, any content and data collected shall be deleted and the Reusable in question shall be immediately deleted. If any User has knowledge that a minor has published a Reusable, they can notify GENIALLY at support@genial.ly


In order for Users to be able to reuse their Creations, they must mark them as Public, Reusable Creations in advance. Under no circumstances can Creations configured as Private Creations be published as Reusable Creations.


The User who created it shall be able to modify the Reusable whenever they see fit (the “Update”). Said Update shall apply automatically, on the social panel of the GENIALLY Application or Website, immediately replacing the original Reusable. The original Reusable shall only be available to Users that actually reused it on their personal panel prior to the update by the User who created it.


Any User who decides to share any Reusable guarantees that they own the intellectual and industrial property rights, and other similar rights, to the texts, images, brands, logos, domain names, designs, and any other components, creations, inventions, or distinctive signs that may be protected by intellectual and industrial property rights.


As the exclusive owner, the User who created the Reusable and its Updates, where applicable, transfers to GENIALLY the intellectual and industrial property rights, including the application, use, management, any other exploitation of such rights, and any potential rights arising from the work, vis-à-vis the different components that may be set out in any way in the Reusable and its Updates, such as, inter alia, texts, images, bands, logos, domain names, designs, and any other components, creations, inventions, or distinctive signs (the “Intellectual Property Rights”), and GENIALLY accepts said rights.


The User who created the Reusable and its Updates recognizes and authorizes that such Intellectual Property Rights may be used by the Users of the GENIALLY Application or Website within any territorial scope and for the corresponding periods of time, with no further agreement, action, or deal required from said creator to guarantee the peaceful use thereof.


Intellectual Property Rights shall be used by other Users in accordance with the conditions that GENIALLY deems appropriate at any given time and as specified in the General Terms of Service, always in compliance with the regulations applicable at any given time.


The User who created the Reusable in question and its Updates may use the mechanism enabled for such purpose to request GENIALLY remove from the GENIALLY Application or the Website any content that may be strictly subject to intellectual property, pursuant to the law, and without prejudice to any compensation that the User who created it may be required to pay as a result. The above notwithstanding, the User accepts that, although GENIALLY may remove the content of said Reusable and its Updates, where applicable, from the GENIALLY Application or Website, any Users who saved said Reusable or its Updates on their private profiles will continue to enjoy said content.


The name of the User who created the Reusable in question (i.e., the User's pseudonym or nick) shall be published with the Reusable on the GENIALLY Application or Website to indicate their authorship to other Users if said creator so requests.


The User who created the Reusable and its Updates guarantees that they did not use any material subject to third-party intellectual or industrial property rights to create the Reusable in question without said parties’ express authorization. Reusables shall be totally original and any User who creates one undertakes to hold GENIALLY harmless for any liability to third parties alleging a violation of their intellectual or industrial property rights that may arise from the components of different Reusables made by the User.


Users authorize GENIALLY to disseminate and use the Reusables shared thereby for any legitimate purpose, including the purposes of advertising and self-promotion, with sufficient information to carry out the desired purposes, provided their right to be considered the creator thereof and any other moral rights to which they may be entitled are strictly respected.


The User guarantees that the Reusable shall not contain any personal data (beyond any of the creator’s own personal data that they deem appropriate to share) confidential information, information pertaining to the private matters of third parties, or material that may infringe upon good faith, common decency, public order, any specific provision, or that may otherwise be considered unlawful or in violation of the conditions stipulated by GENIALLY.


GENIALLY processes the following types of personal data from Users to publish the Reusable and any Updates thereto:


  • Identifying data, e.g., first and last name.
  • Contact information, such as email address.

GENIALLY wishes to legally process all data received and therefore it must justify the processing of your data with sufficient legal basis. Pursuant to the above, GENIALLY uses these data to provide its services. This processing is necessary for GENIALLY to be able to perform the contract with Users and provide the service. In the event that the User fails to provide any of these data, GENIALLY may not be able to provide some of its services.


At any time and/or when they deem appropriate, Users may exercise their rights to Access, Rectification, Cancellation, Object, Portability, and to be Forgotten by writing an email to the email address set up for this purpose: support@genial.ly; Users must attach a copy of their passport or government-issued ID (data subject), expressly indicating in the subject line the request they’d like to make.


If you have any questions about how Users’ personal data are processed by the GENIALLY Application or Website, see our Privacy Policy via the following link


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