Terms and Conditions

Last updated on December 15, 2021.

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.

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

• Company: Genially Web S.L
• CIF: B56019912
• Address: Plaza Ramón y Cajal, 4, 4th floor, 14003 Córdoba (Spain)
• Email: support@genial.ly

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@genial.ly or at the mailing address above.

3. Who is allowed to access our Website?

These Terms and Conditions regulate the service that Genially makes available to you as a User so that you can make audiovisual and interactive content using our Website. Any natural or legal person is permitted to access the Website as long as they fulfill certain requirements:

1. 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:
2. • Be at least thirteen (13) years old and a resident of the United States or have the express consent of a parent or legal guardian.
   • Be at least sixteen (16) and reside outside of the United States or, if you are under sixteen (16) years of age you must have consent of a parent or legal guardian.
3. 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.

2. 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, and can:
3. • Download our DPA through the following link and send it to us signed at legal@genially.com.
   • Access to the FERPAstatement.
   • Access to the COPPAstatement.
   • Access to our California AB 1584 Compliance Statement.
4. Notwithstanding the foregoing, Schools and Educational Centers are informed that Genially processes the data of the K12 Users on the basis of the consent of their parents or legal guardians through the system validated by IkeepSafe "Email Plus". Therefore, in accordance with FERPA, in no event, Genially is deemed as "School Official" and the data collected are not 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 Website 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.

To register on the Website, the User will have to access the section "Register" or "Create your free account now", provide an email address, and establish a password to be able to create a profile on 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 data during the contracting of the Service, you can correct it by sending an email to support@genial.ly. 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 subscription plan that will allow you to use certain features of the Website. However, you may, if you wish, purchase a paid plan with additional features. To do so, you must follow the instructions indicated at the time of contracting the Service, providing the following information:

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

A registration summary screen will then be displayed detailing the plans acquired, 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 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. For this purpose, Genially sends a "Letter of Assurance" to third parties that process personal data 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 within this period we do not receive a response, all personal data provided, including parent's or legal guardian´s email address, shall 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@genial.ly.

6. What services can you use?

Once you have completed the registration process, Genially will make a great number of features and content available to you on its Website to enable you to create any kind 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 chosen by the User when the registration process is completed, as well as the age requirements of our K12 Users Policy mentioned previously. You can consult the types of services, their functionalities 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 5 of the present Terms and Conditions, due to compliance with the FERPA and COPPA regulations.

7. Where can you find information about our prices?

The price of the Service offered on the Web Site 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?

To renew the contracted Services you don’t need to do anything at all! We’ll make sure you can keep enjoying our Services unless you notify us otherwise in writing to support@genial.ly thirty (30) days before the end date of your subscription, otherwise you don't have to worry about anything! Because we will automatically renew the contracted service for periods equal to the one you initially contracted.

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 without discount, for the price indicated in the section "Cost of the Service". In addition, you agree to pay the overdue fees applicable to the Service, plus all related fees, and to reimburse the Website 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 termination of your subscription.

9. How can you cancel the contracted Services?

You can, at any moment, request to cancel the Services by going to your profile and selecting ‘Cancel my plan’ from the Account Settings section. Once you’ve canceled, you will still have access to the Website and Services until the end of your subscription period and you will then be moved to a Free plan. 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.

10. Can you cancel and request the price of the Services?

Our Services imply immediate provision of digital content from the moment it is contracted, meaning you will not be able 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. Notwithstanding the foregoing, 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 at least thirty (30) days in advance. 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), 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 reasonably applicable security measures. Bear in mind that our Privacy Policy will only apply to the information that Genially collects and uses. 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 in alignment 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 and the Website with the purpose of improving navigation. However, the User 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?

Firstly, 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 (Creations and Reusables).

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 contents 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 edition tool that allows the functioning of the creation tool of the Website (the "Content"). Consequently, you understand 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 on the Contents of the Website 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 Content included on the Website, unless the Contents are used by Users to make 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@genial.ly 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@genial.ly 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.
• Detailed account of the rights supposedly infringed on by Genially, as well as their exact location within the Website or 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.

Intellectual and industrial property of Creations and Reusables

Now we will explain the part that really concerns you: your creations. You may use the Content of the Website to make your own creations and develop presentations, infographics, dossiers, video presentations, as well as other audiovisual content (‘Creations’). 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 Genially profile. In no event it shall be possible to publish as Reusable Creations that are configured as private Creations.

In this sense, you are deemed for legal purposes as the author of your Creations and Reusables, since these will be considered original work (‘Author User’). Consequently, the Author User has the intellectual property rights over their Creations and Reusable Materials and may share them with third parties in any way they deem appropriate, including the commercialization of the same. Notwithstanding the above, the Author User authorizes Genially, irrevocably, in any territorial scope, to diffuse and use their Creations and/or Reusables for any legitimate purpose, including the purposes of publicity and own promotion, in any way necessary to fulfill its express purposes, always with strict respect for your right to be considered the author of the same and to the rest of the rights of moral character that could correspond to you in such circumstances, unless you are a K12 User.

Likewise, as Author User 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 will not contain any personal data, unless it is your own data as an Author User and 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 by Genially in these Terms and Conditions.

As previously indicated,If you are a K12 User who resides in the U.S. according to our FERPA and COPPA Policies , 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@genial.ly.

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 Web Site 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 intellectual property rights of third parties. Consequently, we undertake to adopt the following measures in the event that we receive a notification of infringement of intellectual property rights:

• Creations or Reusables that are the subject of a claim will be blocked immediately until such claim is resolved.
• Claims related to intellectual property rights will be resolved in less than 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 removed and, depending on the circumstances and severity of such infringement, the infringing User's account will be closed.

15. Social Profile

Among the features of the Website offered by Genially, you have the possibility to create a social profile that will allow you to identify yourself with 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 (hereinafter "Social Profile"). 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. according to 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, you can inform Genially by sending an email to the following address: support@genial.ly.

In the event that a User who does not meet the age requirements accesses the Website or one of the restricted features, Genially shall suspend the access to this User.

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.

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 Website, 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.

You also accept that, in the event that you share your creations on social media, Genially may use said materials, which are public and accessible on the internet, to promote its brand on the market. In such cases, it will not be necessary to request your consent.

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 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;
• 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 virus 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. Nonetheless, if Genially becomes aware of a systems security breach by an unauthorized party or that any User data was used for an unauthorized purpose, we will comply with relevant state and other data breach laws. We will notify Users of any breach resulting in unauthorized release of data electronically, at minimum, and without unreasonable delay so that you can take appropriate steps. The notification will include: date of the breach, the types of information that were subject to the breach, general description of what occurred, and 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, included 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 have the status of:

1. a consumer, in which case the Courts and Tribunals corresponding to your place of residence shall have jurisdiction;
2. a K12 User residing in the United States, in which case FERPA and COPPA shall apply and accordingly the courts of the United States shall have jurisdiction;
3. a User residing in the State of California, in which case the CCPA and the AB 1584, Buchanan shall apply and accordingly the courts of said state shall have jurisdiction.

21. Definitions

• Author User: A User who has produced a Creation and possesses the intellectual property rights of the same.
• 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: work, presentations, infographics, dossiers, video presentations, and other audiovisual content created by Users of Genially using the Website.
• FERPA: Family Educational Rights and Privacy Act.
• GDPR: European General Data Protection Regulation.
• K12 users: means users who are under the age of thirteen (13) and are residents of the United States, or are under the age of sixteen (16) and reside outside the United States.
• 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.
• LPI: means Spanish Intellectual Property Law.
• LOPD: means Spanish Organic Law on Data Protection.
• Privacy Policy: Document which regulates your privacy on the Website.
• Reusables: Creations which Users mark as public and reusable by other Users.
• Services: Plans or Subscriptions, free or paid, detailed in section 5.
• Social Profile: A feature of the Website which allows you to interact with other Users.
• Terms and Conditions: Document that regulates the legal conditions of the Services offered by Genially.
• Users: Natural or legal person or entity that, complying with the access requirements, has registered on the Genially website.
• Use of Trademarks: Genially’s right to use the brand or trademark of legal entities who are registered on the Website.
• Website: Website hosted under the domain name and any subdomains in the name of Genially.