General Terms and Conditions

Updated June 2022

1. Who are we?

Genially was born in 2015 and since then our mission has been to help you create all kinds of audiovisual and interactive content in a quick and easy way. We know how boring it is to read these types of legal texts, but, even though we’re chiller than chill, we have obligations to fulfill too. We’re committed to guaranteeing that you can make use of our Website in the simplest, most intuitive, and safest way possible.

You can also check out our Privacy Policy, Legal Notice, and our Cookie Policy for some more light bedtime reading to send you right off to sleep.

Company: Genially Web S.L
ID: B56019912
Address: Plaza Ramón y Cajal, 4, 4th floor, 14003 Cordoba (Spain)
Email: support@genially.com

2. What does registering on our Website imply?

Bear in mind that by ticking the box to accept these Terms and Conditions during the registration process on the Website, the service will be contracted in accordance with the information detailed here, so please read these Terms and Conditions carefully, along with the Privacy Policy, before proceeding to register on the Website. In the case that you want to contact Genially to resolve any query or incident with respect to the Terms and Conditions, you can do so at this email address: support@genially.com or at the mailing address above.

3. What does registering on our Website imply?

The present Terms and Conditions regulate the Service that Genially makes available to you as a User so that you can make your own Creations or geniallys both individually through a Personal Workspace (hereinafter, "Personal Workspace") and collaboratively through a Collaborative Workspace (hereinafter, "Collaborative Workspace").

In this sense, you will be able to use certain features that will depend on the Plan to which you have subscribed, as well as the Role you have assigned in the case of a Collaborative Workspace. Any natural or legal person is permitted to access the Website as long as they fulfill certain requirements:

Natural persons: Access to the Website is permitted provided that you comply with our K12 User Policy, and is subject to the additional requirements laid out by the applicable legislation in the country in which you reside:

If you reside in the U.S - Be at least thirteen (13) years old or have the express consent of a parent or legal guardian.
If you reside outside of the US - Be at least sixteen (16) years old or have the express consent of a parent or legal guardian.

Please bear in mind that, depending on your age, it is possible that certain features of our Website may be restricted due to the FERPA and COPPA regulations, which will be detailed below. Consequently, in order to guarantee compliance with the FERPA, COPPA, and GDPR regulations, as well as any other regulations that may be applicable, Genially reserves the right to conduct the appropriate checks, to limit certain features, and to prohibit or restrict the access of Users who are known or suspected not to be compliant with the requirements established in these Terms and Conditions.

Legal persons: If you are acting on behalf of a company, school, educational institution, or other legal entity, you confirm that you are authorized to bind said entity to comply with these Terms and Conditions. In this case, the terms ‘you’ or ‘User’ will refer to said entity. If you are not authorized or you do not agree with these Terms and Conditions, please do not access this Website. Additionally, Legal Persons confirm that they have been informed of the necessity to comply with the FERPA, COPPA, and GDPR regulations as it pertains to the use of personal information, to which end you may:

Sign our DPA
Access the FERPA declaration
Access the COPPA declaration
Access our AB1584 declaration of compliance from the State of California (US).

Notwithstanding the above, Schools and Educational Centers are informed that Genially uses the data of K12 Users based on the consent of their parents or legal guardians through the system validated by IkeepSafe "Email Plus". Therefore, in accordance with FERPA, in no event shall Genially be considered a "School Official", nor is the data collected considered an "Educational Record". If you are acting on behalf of a school, please contact us so that we can enter into an appropriate agreement if necessary.

4. How can you register on our Website?

Access to the contents of the Platform is completely free, notwithstanding that there may be certain paid features that require for their use and enjoyment the payment of an economic consideration, of which, in any case, the User will be duly informed to expressly accept the terms of service before proceeding to the contract.

As previously outlined, access to the Website is allowed to both natural and legal entities when they have completed the registration successfully. However, legal entities (companies or educational institutions) shall be responsible for the use made of the Website by individuals to whom they provide access. For these purposes, legal entities shall be responsible for ensuring compliance with these Terms and Conditions avoiding any conduct contrary to the law, morality, and public order by their employees, students, teachers, collaborators, and/or anyone who is provided with access to the Website.

You can register on the Website by going to this section, providing your email address, and setting a password to allow you to create a profile in Genially. To do so, the User will have to confirm that they have read the Privacy Policy and accept the present Terms and Conditions by checking the box provided for this purpose.

The password you choose during the registration process will be personal and non-transferable. Sharing it with third parties is not permitted, even temporarily. In this sense, you commit to diligent use and keeping the password chosen secret, in order to access your profile on the Website and the Service provided. If the User knows of or suspects the loss, theft, or use of the password by third parties, the User will have to inform Genially as soon as possible. Keep in mind that you are the sole owner of your password, so in the case that it is used by a third party in any improper or negligent manner, the responsibility will fall to you. For this reason, please try to protect it as best you can.

If you make a mistake when entering your personal information when registering on the Website, you can correct it by sending an email to support@genially.com. It is important that you check the information entered and correct any mistakes before finalizing the registration.

You agree that, once the registration process on the Website is complete, which is understood as the provision of all the requested information as well as the confirmation of acceptance of the present Terms and Conditions by marking the corresponding checkbox, a contractual relationship now exists between you and Genially.

After registration on the Website, you will have a free Personal or Collaborative Workspace that will allow you to use certain features of the Website. However, if you wish, you can acquire paid features, by selecting the Plan you are interested in purchasing, following the instructions indicated at the time of contracting the Service, and providing the following information:

Name of the cardholder.
Type of card.
Card number.
Card expiration date or any other information required during the purchase process.

A registration summary screen will then be displayed with the subscription details, and you will automatically receive an email confirming that the registration and purchase of the Service have been successfully completed. If you do not receive the email, you should check your "junk mail" or "spam" folder and, if you do not find it there, you will have to communicate it to Genially as soon as possible so that the incident can be resolved. In addition, you can access your invoices by entering your profile, going to the ‘Account Settings’ section, and clicking on ‘Billing’.

5. How do Genially Workspaces work?

Once you’ve registered on the Website, you will have a Workspace where you can produce creations individually or collaboratively. Please note that the terms of use will be different for a Personal Workspace and a Collaborative Workspace, especially regarding the ownership of the intellectual property rights of the Creations, so please read these Terms and Conditions carefully.

5.1. Personal Workspace

This is a personal and private space where you can produce and edit your Creations. You will have lots of features and content available to you so that you can create any type of communication experience, full of interactivity and animation, in a simple and accessible way.

Users are also given the possibility of converting their own creations into creations that can be reused by other Users by marking them in their profile as public and reusable. These features will vary according to the type of plan you choose, as well as the age requirements of our K12 Users Policy. You can consult the types of Services and their features and prices here.

Notwithstanding the above, if you live in the U.S. and have accessed our Website with the permission of your parents or legal guardians because you are under thirteen years of age, you will have limited access to the features outlined in section 6 of the present Terms and Conditions, due to compliance with the FERPA and COPPA regulations.

5.2. Collaborative Workspace

This is a space for both you as Owner and any Users you should invite to be members of your Collaborative Workspace by using a CSV file or email invites. The features and the number of Seats in your Workspace will depend on the Plan you have chosen. The free version of your Collaborative Workspace will allow you to add up to five (5) users, that is, four (4) Users as well as yourself. However, if you wish, you can purchase a paid Subscription with additional features and/or increase the number of Seats at any time, which will allow you to incorporate more Users into your Collaborative Workspace.

As well as inviting Users to be part of your Collaborative Workspace and use the Plan you have purchased, you will also be able to join other Collaborative Workspaces to which you are invited and benefit from the corresponding Subscriptions.

In Collaborative Workspaces, you can create:

Spaces: Places created by Team members to share geniallys for a specific purpose, a Common Space is created by default and all Team members have access to it.
Groups of Users: Ability allocated to the owner and/or administrator role to group members of the space in which they usually work collaboratively (in Settings > Members). Groups can be added as collaborators to both Creations and Spaces.

a) How are Collaborative Workspaces managed?

In order to manage the activity and interaction between Users, each Collaborative Workspace allows you to assign one of the following roles to the Users:

Owner: This User is the creator of, and person responsible for, a Collaborative Workspace. This User will be in charge of managing the Seats and will assign a name to the Collaborative Workspace that will be visible to the rest of the members, among many other functions. A User can be Owner of up to a maximum of fifteen (15) Collaborative Workspaces, which will also depend on the subscription. Once the maximum has been reached, the Create Team button will disappear from the sidebar. In addition to the aforementioned capabilities, Owners will also have the same features as Administrators and Editors.
Administrator: This is the User appointed by the Owner to manage the Collaborative Workspace and the interaction of the members involved in it; they are able to create, leave, or delete the space. A User may be Administrator of as many Workspaces as they wish. In addition to the aforementioned capabilities, Administrators will also have the same features as Editors.
Editor: These are members of the Collaborative Workspace that are part of the Team. These Users can use the Subscription plan of the space and will have content creation capabilities including creating, editing, renaming, duplicating and/or deleting Creations, as well as moving them to other folders or downloading them in different formats, and other functions that vary according to the Subscription of the Collaborative Workspace they are part of. A User may be Editor of as many Workspaces as they wish.
Guest: These are Users that have been invited to a Collaborative Workspace without being a member of it, as they are invited by email as a one off, or temporarily, to participate in the creation of a specific genially, so they do not occupy a Seat in the Team. It is important to point out that Guests can only be invited to collaborate on specific geniallys, not to Spaces or folders.
Guests have the following features available to them:
- They can modify the title of a genially.
- They can publish or disable the publication of a genially.
- They can edit in real time with other Users (Live Collaboration) in the specific genially that has been shared with them as long as the Subscription of the Collaborative Workspace to which they have been invited allows it.
- They can use the brand kit in the Editor as long as the Subscription of the Collaborative Workspace to which they have been invited allows it.
  
  Bear in mind that a Workspace may have up to a maximum of one hundred (100) Guests, and these Guests can collaborate on as many geniallys as is required.

IMPORTANT NOTE** If you collaborate on the creation of a genially in a Personal Workspace and its Owner has become a member of a Collaborative Workspace, you will automatically be considered a Guest in the creation of that genially.

b ) What features does a Collaborative Workspace provide?

The features of the Service are not attributable to the individual User, but to the Collaborative Workspace of which they are a member. As such, Users will have at their disposal the features that have been purchased by the Owner of the Collaborative Workspace, as they may belong to multiple Collaborative Workspaces.

In addition to the purchased Plan, the features granted to the Users will also depend on the Role they have been assigned in the Collaborative Workspace. If you wish, you can consult these features here.

6. How will the personal information of K12 Users that live in the U.S. be used?

Genially has established a series of checks with the aim of providing greater protection to K12 users residing in the U.S. in accordance with FERPA and COPPA regulations:

The participation of a K12 User does not obligate them to provide more details than is reasonably required to use Genially.
Minimize compiled information.
Adopt reasonable measures so as to only provide personal information to service providers and third parties that are capable of maintaining confidentiality, security, and integrity. To this end, Genially sends a "Letter of Guarantee" to third parties that process personal information when providing services to Genially to ensure that they are aligned with its security policies in accordance with FERPA and COPPA.
Obtain guarantees that they will be able to comply with these responsibilities.
Keep personal information only for a period that is reasonably necessary in order to complete the purpose for which it was obtained.
Delete the information in a secure manner once there is no longer a legitimate reason to keep it.

If you are a K12 User and you reside in the U.S., to register on our Website you need to enter your date of birth on the verification screen and then enter the email address of a parent or legal guardian so that they may be informed of your registration and can authorize your access. It is necessary for your parents or legal guardians to give their consent within seven (7) natural days from the receipt of said email. If we have not received a response within this period, all data provided, including the email addresses of parents or legal guardians, will be deleted.

Once we have received the authorization of your parents or legal guardians, you will be able to access our Website. However, the following features will be restricted:

You can only publish your Creations using the ‘private’ option (they will not be indexed in Google).
You won’t be able to make your Creations reusable.
You won’t be able to add collaborators.
Your personal information will not be public.
You will not have the option to share your Creations on social media that are not educational.
All email notifications will be deactivated.
You won’t have a social profile.
You won’t be able to access the Website via social media.
You won’t be able to incorporate external content using script.

In addition, parents of K12 Users will have the right to be informed about how Genially processed the information of their children as well as managing, limiting, and forbidding the use of said information. To this effect, parents can communicate with Genially at the following address: support@genially.com

7. Where can you find information about our prices?

The price of the Service offered on the Website by Genially will depend on the Plan you have chosen. Currently, Genially offers different Subscription Plans which you can see in the ‘Plans’ section of the Website. Payment for the Services will be undertaken using one of the methods of your choice provided by Genially via our Website.

8. How can you renew the contracted services?

The Services will be renewed automatically, as well as the number of Seats contracted at the time of renewal in the case of Collaborative Workspaces. However, you may cancel the Services:

In a Personal Workspace, if you notify us of your intention to cancel the Services in writing by sending an email to support@genially.com thirty (30) days prior to the end date of your Subscription.
In a Collaborative Workspace, if the Owner notifies us of their intention to cancel the Services in writing by sending an email to support@genially.com thirty (30) days prior to the end date of your Subscription.

If you purchased a Plan using a discount coupon, you will have a discount effective during the period fixed in the coupon. Therefore, at the end of this period, if you have not canceled your Plan, it will be renewed automatically for the non-discounted amount indicated in the "Plans" section. In addition, you agree to pay the overdue fees applicable to the Service, plus all related fees, and to reimburse Genially for any collection costs or interest on overdue amounts, including, if applicable, any associated costs, and applicable taxes and fees. Any non-payment may result in the termination of your subscription.

9. How can you cancel the contracted services?

The ability to cancel the contracted Services shall only be held by the Owner of a Personal Workspace and the Owner of a Collaborative Workspace, by notifying within the terms indicated in the previous paragraph, that is, thirty (30) days prior to the renewal of the Subscription.

To cancel a subscription, you should go to your Workspace and select “Cancel my plan” in the Settings section. Once you’ve canceled, the Workspace will maintain the contracted Services until the end of the subscription period. In any case, if you cancel, you can sign up to our Services again whenever you wish. The cancellation shall in no case entail the reimbursement of the amounts paid. Payments are non-refundable and no refunds or credits will be provided for partial monthly or annual subscription periods. Once you've canceled your subscription, this will take effect from the moment that your Plan expires, at which time you will switch to the new Plan you’ve purchased or, if no purchase has been made, a Free Plan.

10. Can you exercise the right to withdraw?

Our Services imply immediate provision of digital content from the moment it is contracted, meaning you will not have the right to request a refund of the amounts paid. If you wish to cancel the Services once you have signed up, you will need to follow the cancellation process outlined in the previous section. However, consent to the processing of personal data may be withdrawn at any time in accordance with our Privacy Policy.

11. When and how will we modify the Terms and Conditions?

It is possible that, due to the inclusion of new features, changes to our Services, or organizational issues, we may need to modify the Terms and Conditions. In any such case, we will inform you of any changes we make with at least thirty (30) days’ notice. Also, to continue using the Website and the Services provided by Genially, your express acceptance of the new Terms and Conditions will be necessary.

12. How do we protect your personal information?

Genially will process your personal data with the purpose of providing its Services in accordance with the provisions of the Organic Law 3/2018, of December 5th, on the Protection of Personal Data and guarantee of the digital rights (LOPD) and the Regulation (EU) 2016/679 regarding the protection of natural persons with regard to the processing of personal data (RGPD), the Children’s Online Privacy Protection Act (COPPA), and the Family Educational Rights and Privacy Act (FERPA). All personal data provided during the use of the Website will be processed in accordance with the provisions of Genially's Privacy Policy and the corresponding security measures will apply.

Bear in mind that our Privacy Policy will only apply to the information that Genially collects and uses via the Website. Any information revealed to third parties will be handled in accordance with the privacy policies of each of the third parties. However, we only use the services of third parties whose policies are coherent with our own. If you have any concerns, we would encourage you to review the privacy policies of our data processors in order to understand how they process your information in section 7 of our Privacy Policy:‘Who do we share your personal data with?’.

13. What cookies do we use on our Website?

Genially uses cookies on the Website with the purpose of improving navigation. However, the you can at any time reject and/or configure them by accessing our Cookies Policy. Cookies are small data files that are hosted in the terminal of the User visiting the Website and that contain or store certain information of the visit to the Website in order to improve the navigation experience.

14. Who does intellectual and industrial property belong to?

First, we should define two types of intellectual property that exist on our Website: that which is related to the functioning of the same (Content), which is, of course, ours; and that which you make by using our Website to generate your own Creations, which, of course, is yours if you use a Personal Workspace, or belongs to the Owner in the case of a Collaborative Workspace.

14.1. Intellectual and industrial property of the Content

Genially is the owner or, in its case, has the corresponding licenses, of the intellectual and industrial property of this Website, as well as of all the Content hosted in it, including, but not limited to, its source code, trademarks, logos, texts, photographs, images, infographics, templates, illustrations, audios, sketches, icons, designs as well as any audiovisual work and/or editing tool that allows the functioning of the creation tool of the Website (hereinafter, the "Content"). Consequently, you understand and accept that in no event will it be construed that the access, navigation, and use of the Website by the User or the use, acquisition, and/or contracting of the Services offered through the same implies a renunciation, transmission, license, or total or partial cession of such rights by Genially.

All the intellectual and industrial property rights to the Contents of the Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, communicate publicly, transform, or distribute, by any means and in any form, the totality or part of the same, except for when said Contents are used by Users in the production of their own Creations.

It is also forbidden to remove or manipulate the copyright notices or other credits that identify the rights holders of the Content that the User finds on the Website, as well as technical protection devices, or any protection mechanism or information incorporated into the content offered on the Website.

That said, if you become aware of the existence of any Content that is illicit, illegal, goes against regulations, or that could mean an infringement of intellectual and/or industrial property rights, you should notify Genially immediately using the email address support@genially.com so that it may proceed to take the appropriate measures.

At Genially, we are committed to your protection as a User, which is why if you think that any of the Content of the Website infringes on your intellectual and/or industrial property rights, or any others, you can contact support@genially.com with the following information:

Identifying data and means of contact of the claimant or his legal representative.
Documentation that shows you to be the person whose rights have allegedly been infringed upon.
A detailed account of the rights supposedly infringed on by Genially, as well as their exact location within the Website.
Express statement by the claimant that the use of the Content has been made without the consent of the owner of the allegedly infringed rights.

Notwithstanding, Genially expressly reserves the right to bring any civil and criminal actions under Spanish and foreign law that may be applicable to it as a consequence of the infringement of the peaceful possession and/or unauthorized use of its industrial and intellectual property rights.

14.2. Intellectual and industrial property of Creations and Reusables in a Personal Workspace

You may use the Content of the Website to make your own creations and produce presentations, infographics, dossiers, video presentations, as well as other audiovisual content. Likewise, you are allowed to publicly share these Creations with other Users so that they can reuse them ("Reusables"). To make your Creations reusable, you must first mark them as public and reusable Creations in your Personal Workspace. In no event shall it be possible to publish as Reusable Creations that are configured as private Creations.

In this sense, you are deemed for legal purposes the author of your Creations and Reusables, since these will be considered original work. Consequently, you have the intellectual property rights to your Creations and Reusable Materials and may share them with third parties in any way you should deem appropriate, including the commercialization of the same.

Likewise, as owner of your Creations you guarantee that you will not make use of any material protected by the intellectual or industrial property rights of third parties for the production of the same, without express authorization from them, and agree to indemnify Genially from any responsibility to third parties for an infringement of intellectual or industrial property rights that could be caused by the production of your Creations and Reusables.

If you use any of your own material in the production of Creations and/or Reusables, you declare, warrant, and accept that such materials do not infringe on any intellectual or industrial property right, trade secret, or any other rights of third parties and that you will indemnify Genially from any kind of liability that may arise from a negligent action. Finally, you guarantee that Creations and/or Reusables will not contain any personal data (beyond your own personal data that you may consider appropriate to share, as long as you are not a K12 User), or confidential information, information affecting the privacy of third parties, material that may be contrary to the good faith, morals, or public order or that in any other way may be considered illegal or contrary to the conditions stipulated in these Terms and Conditions.

As previously indicated, if you are subject to the requirements of our K12 Users Policy and you reside in the United States, you cannot share Reusables. If, in spite of this, Genially becomes aware that you have done so, Genially will remove all content and information that has been collected and will immediately remove the Reusable in question. If you become aware that another User who does not meet the age requirements has posted a Reusable, you can inform Genially by sending an email to the following address: support@genially.com.

14.3. Intellectual and industrial property of Creations and Reusables in a Collaborative Workspace

The Creations or geniallys are the assets produced by the Users belonging to a Workspace by means of the use of our Services, e.g. presentations, infographics, dossiers, video presentations, as well as any other audiovisual content. However, in contrast to with a Personal Workspace, we should highlight that the Intellectual Property generated in a Collaborative Workspace will belong to the Workspace or its Owner. Consequently, you understand and accept that any Intellectual Property you produce in a Collaborative Workspace will be assigned, without limitation, to the Owner of said Workspace.

Likewise, the Owner is allowed to publicly share these Creations with other Users so that they can reuse them. To make Creations reusable, they must first be marked as public and Reusable Creations in the Collaborative Workspace. In no event shall it be possible to publish as Reusable Creations that are configured as private Creations. The Owner of a Collaborative Workspace with a premium plan will have a feature that will allow them to activate or deactivate the Creations that are marked as Reusable by other members of a Collaborative Workspace.

In this sense, the Owner of a Collaborative Workspace is considered for legal purposes the author of the Creations and Reusables that have been generated in said space, regardless of who has been involved in the creation of the same. Consequently, the Owner has the intellectual property rights over the Creations and Reusables and may share them with third parties in any way they deem appropriate, including the commercialization of the same.

Notwithstanding the above and the Role you have in a Collaborative Workspace, you guarantee that you will not make use of any material protected by the intellectual or industrial property rights of third parties for the production of the Creations or Reusables, without express authorization from them, and agree to indemnify Genially from any responsibility to third parties for an infringement of intellectual or industrial property rights that could be caused by the production of your Creations and Reusables. If you use any of your own material in the production of Creations and/or Reusables, you declare, warrant, and accept that such materials do not infringe on any intellectual or industrial property right, trade secret, or any other rights of third parties and that you will indemnify Genially from any kind of liability that may arise from a negligent action. Finally, you guarantee that Creations and/or Reusables you work on will not contain (i) any personal data (beyond your own personal data that you may consider appropriate to share, as long as you are not a K12 User), (ii) confidential information, (iii) information affecting the privacy of third parties, or (iv) material that may be contrary to the good faith, morals, or public order or that in any other way may be considered illegal or contrary to the conditions stipulated in these Terms and Conditions.

14.4. Intellectual Property claims

In compliance with Royal Decree-Law 24/2021, we inform you that we will make our best efforts to respect the intellectual property of third parties. To this effect, we have obtained the corresponding authorizations in accordance with article 20 of the LPI so that our Website complies with the legislation in this matter.

However, despite our internal controls in this regard and due to the large number of Creations and Reusables produced by our Users on a daily basis, it is extremely difficult to detect which actions involve an infringement of third party intellectual property rights. Consequently, we undertake to adopt the following measures in the event that we receive a notification of an infringement of intellectual property rights:

Creations or Reusables that are the subject of a claim will be immediately blocked until such claim is resolved.
Claims related to intellectual property rights will be resolved in under ten (10) business days.
If it is confirmed that an infringement of intellectual property rights has occurred, the Creation and Reusable in question will be immediately deleted and, depending on the circumstances and the seriousness of such infringement, the account of the infringing User may be closed.

15. Social Profile

Among the features of the Web Site offered by Genially, there is the possibility to create a Social Profile that will grant you different features depending on whether you are in a Personal Workspace or a Collaborative Workspace (hereinafter, "Social Profile").

a) Social Profile for a Personal Workspace

This feature allows you to identify yourself using a public user name, to add personal information (status, sector, and/or company to which you belong, city, country) and to include a profile picture. The data provided will be processed in accordance with Genially's Privacy Policy.

To access the Social Profile, you’ll need to have completed the registration process on the Website and have validated your account through the verification email that was sent by Genially when you completed registration. Once within your profile, you can click on "Activate my Social Profile". Once this process is completed, your Social Profile will be visible to the rest of the Users and your Reusables will be automatically transferred to said profile. However, you may at any time mark Reusable items as private, and they will disappear from your Social Profile. Likewise, you will have the option to deactivate your Social Profile at any time by simply marking this option in your profile.

If you are a K12 User who resides in the U.S, in accordance with our FERPA and COPPA policies, you won’t be able to activate your Social Profile. If, in spite of this, Genially becomes aware that you have activated your Social Profile, Genially will remove all content and information that has been included on it and will immediately delete the Profile. If you become aware that another K12 User who does not meet the age requirements and resides in the U.S. has activated a Social Profile, please inform Genially by sending an email to the following address: support@genially.com.

In case of access to the Website or to any of the restricted features by a User who does not comply with the age requirements, Genially will suspend this User's access.

Genially reserves the right to delete the Social Profile of any Users who do not comply with the present Terms and Conditions. In this sense and in order to ensure the correct functioning of this community, we recommend that you report any content and/or behavior that you consider to infringe on your rights (including the intellectual property rights) or on the present Terms and Conditions.

b) Social Profile for a Collaborative Workspace

In a Collaborative Workspace, the Social Profile can only be activated and deactivated by the Workspace Owner. To do so, the "Activate social profile” option must be enabled in the Workspace "Settings" section. When activating the Social Profile for the first time, you must indicate the name of the Social Profile and identify the URL that will be the domain of the Social Profile. Likewise, it will be possible to customize certain fields that will be shown on the Social Profile, such as the avatar, header, name, description and/or social networks.

In the case of Collaborative Workspaces and once the Social Profile has been activated by the Owner, any member of the space may publish and/or disable the publication of their Creations or Reusables, with the exception of the Guests of said space. To grant specific Roles to each member of the Social Profile to manage the publications in a personalized way it is necessary to purchase a paid Subscription.

We also inform you that, if you wish to know how Genially will use the personal data provided in the Social Profile, you can consult our Privacy Policy.

If you are a K12 User who resides in the U.S, or your Collaborative Workspace is made up of K12 Users who reside in the U.S, in accordance with our FERPA and COPPA policies, you will not be able to activate your Social Profile. If, in spite of this, Genially becomes aware that you have activated your Social Profile, Genially will remove all content and information that has been included on it and will immediately delete the Profile. If you become aware that a User does not meet the age requirements and has activated a Social Profile, please inform Genially by sending an email to the following address: support@genially.com.

In case of access to the Website or to any of the restricted features by a User who does not comply with the age requirements, Genially will suspend this User's access.

16. What obligations and responsibilities do you have as a user?

By registering on the Website, you commit to making diligent, correct, and lawful use of the same, as well as of the Services, and to total compliance with the law, morality, public order, and commonly accepted customs.

Genially conditions the use of its Services to the previous registration as User on the Website. When registering as a User, you will have to select a password and commit to keeping it safe and to using it with due diligence. Also, you may identify yourself through social networks or other means provided by the Website.

Bear in mind that the use of the password is personal and non-transferable, and it is not allowed to provide it to third parties. Consequently, you are the only one responsible for the diligent use of your password with complete indemnity for Genially in the contrary case. In the event that you become aware of or suspect the use of your password by a third party, you must inform Genially as soon as possible.

In addition, you guarantee Genially that all personal information provided is accurate, truthful, and up to date, as well as the banking information provided for the payment of the Services. It is your responsibility and obligation to keep your personal data up to date at all times, being that you are the only one responsible for the inaccuracy or falseness of the data provided to Genially and for the damages that could be caused to Genially or to third parties.

It is expressly forbidden to:

Make unauthorized or fraudulent use of the Website;
Access or attempt to access restricted resources of the Website;
Impersonate third parties, harass other Users, or use the Website and its various possibilities in an offensive, harmful, or inappropriate manner in accordance with the law, good faith, morality, and public order.
Use the Website for purposes that are illicit, illegal, contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way could damage, disable, overload, or impede the normal use or enjoyment of the Website;
Cause damage to the Website, in a Workspace, or to the systems of third parties or other Users, as well as, in particular, to introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to Genially's systems, those of third parties, or of other Users;
Attempt to access, use and/or manipulate Genially's data, that of third parties or of other Users, or those of a Workspace if you do not have authorization to do so;
Insert in the Creations any image or photograph that does not comply with the law or morality, or upload on the Website any type of file, camouflaged as an image, containing any type of virus or similar;
Apply reverse engineering techniques, decrypt, decompile or use any other system to know the source code of the Website or any other element subject to copyright or intellectual or industrial property rights;
Produce Creations/Reusables that damage third-party rights. In particular, Users shall refrain from introducing in their Creations and/or Reusable any materials that may damage intellectual property rights, their own image, or the honor of third parties, that may involve a violation of data protection regulations and/or be contrary to the law, morality, and public order;
Share or publish Genially's own Content on the Website for commercial purposes;
Provide the email address of third parties without their express consent.
Genially reserves the right to block or restrict the access of the Users who do not comply with the provisions of these Terms and Conditions, notwithstanding a request for compensation for the damages that they may have incurred.

17. What are Genially’s responsibilities?

Genially is responsible for providing the Services in accordance with the present Terms and Conditions so that you may enjoy our Website in the easiest and most intuitive way possible. However, due to circumstances outside of Genially’s control, we cannot guarantee the availability and continuity of the functioning of the Website. Consequently, Genially will not, in any case, be responsible for any damages that may result from:

The lack of availability or accessibility to the Website.
Interruption in the operation of the Website due to computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in the telephone lines, data centers, in the internet system, or in other electronic systems, produced in the course of its operation.
Errors or delays in the access to the Website when entering data in the registration form, the slowness or any anomaly that may arise when these incidences are due to problems in the internet network, causes of fortuitous event or force majeure, and any other unforeseeable contingency beyond the good faith of Genially.
The losses, damages, or harm of any kind arising from accessing and making use of the Website, including but not limited to those produced in the computer systems or those caused by the introduction of viruses and/or computer attacks.
The truthfulness, integrity, or updating of the information that is not self-made.
The differences or inaccuracies that may exist in the Website due to the lack of resolution of the screen of the mobile device, problems with the browser being used, or others of this nature;
Technical failures that, due to fortuitous or other causes, prevent normal operation of the Service via the internet.
Lack of availability of the Website for maintenance or other reasons, which may impede the availability of the Service.
Other damages that may be caused by third parties through unauthorized intrusions beyond the control of the Website.

Genially does not guarantee the absence of a virus or other elements on the Website that may be introduced by third parties outside the Website and that may cause disturbances in the physical or logical systems of the User or in the electronic documents and files stored in its systems. Consequently, Genially will not be, in any case, responsible for any damages of any nature that could arise from the presence of viruses or other elements that could cause disturbances in the physical or logical systems, electronic documents, or files of its Users.

Genially does not guarantee that unauthorized third parties cannot know the conditions, characteristics, and circumstances in which our Users access the Website. Consequently, Genially will not be held responsible for the damages that could result from such unauthorized access. However, if Genially becomes aware of a breach of security of the systems by unauthorized third parties or that any User data is being used for an unauthorized purpose, we will comply with applicable laws and other data breach laws.

Likewise, Genially cannot guarantee the correct functioning of all the features of its Website that are caused and/or limited by the internal security measures of our Users. For example, an overly robust level of corporate Firewall/Proxy or limitations on Users' DNS may restrict or limit certain features of our Website.

Likewise, all of our Users' computers must meet the following minimum requirements (hereinafter, the "Minimum Requirements") for the proper functioning of our Website:

Web browsers: latest stable version of Chrome, Firefox, or Safari
Devices: PC, mobile phones, and tablets. To work with the Editor, PCs are recommended above other devices.
Operating systems: Windows, MacOS, Linux, android, IOS
Hardware requirements: recommended resolution 1366x768, use of a mouse (or alternative)
Software requirements: have javascript and websockets enabled in the web browser

Genially will not be responsible for the limitations in the functioning of its Website which originate from the aforementioned Minimum Requirements.

We will notify Users of any breach that results in unauthorized disclosure of data electronically, at a minimum, and without unreasonable delay so that appropriate action can be taken. The notification will include: the date of the breach, the types of information that were subject to the breach, a general description of what happened, and the steps Genially is taking to address the breach.

18. What use do we make of trademarks?

In the event that you are acting as a representative of a Legal Entity, you authorize Genially to quote and include its distinctive signs (including its brand/trademark) for the sole purpose of promoting its activities (hereinafter "Use of Trademarks"). The Use of Trademarks will allow the use of the brand/trademark of the Legal Entity by Genially with the sole purpose of promoting its activity via any media, support, and/or channel, including but not limited to, social networks, commercial presentations, professional portfolio and/or Website.

Genially is committed to maintaining at all times a respectful attitude towards the activities of the Legal Entity you represent and to not carrying out any action that could damage its image or reputation. Genially is also committed to following all the instructions provided by the User in writing concerning the use of its brand.

Furthermore, you agree that Genially will not have to pay any economic consideration for the Use of the Trademark. However, you will have the possibility of limiting the Use of the Trademark by Genially at any time, by simply informing Genially of this circumstance.

19. What effects do these Terms and Conditions have?

In the event that you complete the registration process on the Website, these Terms and Conditions bind you to Genially as of the moment you accept them. The titles or headings of the present Terms and Conditions are only informative and will not affect the interpretation of the same.

Any clause or provision of the present Terms and Conditions which is or becomes illegal, invalid, or unenforceable will be excluded from the Terms and Conditions and will be deemed unenforceable to the extent of such illegality, invalidity, or unenforceability, and will be replaced by one which is as close as possible to the previous one, but will not affect or prejudice the remaining provisions, which will remain unaffected by any illegal, invalid or unenforceable clause or provision and will, on the contrary, remain in full force and effect.

20. What is the applicable law and jurisdiction?

Unless otherwise specified by applicable law, for any contentious issue concerning the present Terms and Conditions, Spanish law shall apply, meaning that you expressly waive the jurisdiction that may correspond to you and submit to the Courts and Tribunals of the city of Madrid (Spain), except in the event that you:

i. hold the status of consumer in which case the Courts and Tribunals corresponding to your place of residence will have jurisdiction;

ii. are a K12 User, resident in the U.S., in which case the FERPA and COPPA laws will apply and, consequently, the Tribunals of the U.S. will have jurisdiction;

iii. are a resident of the state of California, in which case CCPA and AB 1584, Buchanan will apply and, consequently, the Tribunals of said state will have jurisdiction.

21. Definitions

Administrator:This is the User appointed by the Owner to manage the Collaborative Workspace and the interaction of the members involved in it.
Seats: the available places in a Collaborative Workspace that Users can occupy. Seats are only occupied by Owners, Administrators, and Editors; Guests do not occupy Seats. The Seats will be linked to the duration of the Collaborative Workspace Subscription, even if they have been acquired after the purchase of the Plan, that is to say, they will be automatically renewed with the Subscription contracted regardless of when they were acquired.
CCPA: California Consumer Privacy Act
Content: Genially’s intellectual and industrial property rights concerning the functioning of the Website.
COPPA: Children’s Online Privacy Protection Act
Creations or geniallys: work, presentations, infographics, dossiers, video presentations, and other audiovisual content created by Users of Genially using the Website.
Editor: These are Users, members of a Collaborative Workspace, who can edit Creations and Reusables.
FERPA: Family Educational Rights and Privacy Act
GDPR: European General Data Protection Regulation
Spaces: Places of work for sharing geniallys for a designated purpose. Note: A Common Space is created by default, to which all members of the Team have access.
Space: Places created by members of a Team to share geniallys for a designated purpose.
Common Space: A space created by default, to which all members of the Team have access.
Team: Users/Members who are part of the same Workspace.
Live Collaboration: A feature that allows Users to work together on a genially in real time.
Guest: Users that have been invited to a Collaborative Workspace without being a member of it, as they are invited by email as a one off, or temporarily, to participate in the creation of a specific genially, so they do not occupy a Seat in the Team.
LPI: Spanish Intellectual Property Law (in Spanish: Ley de Propiedad Intelectual Española)
LOPD: Spanish Organic Law on Protection of Personal Data
Social Profile: A feature of the Website that allows you to create a public page on which to display certain geniallys.
Privacy Policy: Document which regulates your privacy on the Website.
K12 User Policy: The necessary criteria to register on the Website based on the fulfillment of the FERPA, COPPA, and GDPR regulations which state that Users must (i) be at least thirteen (13) years old and a resident of the United States, or have express content of their parents or legal guardians, or; (ii) be at least sixteen (16) years old and reside outside of the United States or, although under sixteen (16) years of age, have the consent of their parents or legal guardians.
Owner: This User is the creator of, and person responsible for, a Collaborative Workspace. This User will be in charge of managing the Seats and will assign a name to the Collaborative Workspace that will be visible to the rest of the members.
Reusables: Creations which Users mark as public and reusable by other Users.
Role: The role or function of each of the members belonging to a Collaborative Workspace.
Services: The features of the Genially Website which grant Users the ability to produce Creations.
Website: Website hosted under the domain name and any subdomains in the name of Genially.
Subscription or Plan: The type of subscription that a Genially Workspace has, be it Personal or Collaborative, and free or paid.
Terms and Conditions: The document that regulates the legal conditions of the Services offered by Genially.
Users: Natural or legal persons who, fulfilling the access requirements, have registered on the Genially Website and are part of a Workspace, and have one of the following Roles: Owner, Administrator, Editor, or Guest in the case of Collaborative Workspaces.
K12 Users: Users under thirteen (13) years of age and resident in the U.S., or under sixteen (16) years of age and resident outside of the U.S.
Use of Trademarks: Genially’s right to use the brand or trademark of legal entities who are registered on the Website.
Workspace: Space created to be used individually or collaboratively.
Collaborative Workspace: Space created to be used collaboratively or individually if no more members are added to same.
Personal Workspace: Private and personal space in which a User can make and edit their Creations.