BrainsPro, Enseña Online, S.L., with CIF B42899831, domiciled at Calle Andaluces, nº 39, 29018 Málaga, and telephone 952 000 102, is constituted by the websites associated with the domain brainspro.com.

BrainsPro provides e-learning services and a platform for the creation, management and sale of online training (the "Services") and that allows users (hereinafter, "Users") to provide training and learning services to their clients and students through https://brainspro.com and subdomains, mobile applications and other media managed by BrainsPro (hereinafter, "Sites").

The access and navigation of this website and / or the use of the services offered implies ACCEPTANCE of our privacy policy and these general terms and conditions.

PLEASE READ THIS DOCUMENT CAREFULLY.

BrainsPro ("We" or "Us" or "Our") provides web services and tools for the creation of online content through its website published under the brainspro.com domain and subdomains. By creating an account, or by using any of our services, you agree to these Terms and Conditions ("Agreement"), which constitutes a binding contractual agreement between you and BrainsPro.

LICENSE: With your account you obtain a limited, non-exclusive license to access and use BrainsPro's services and tools for your own personal and business purposes. This includes the right to view available content. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted in writing, you shall not reproduce, redistribute, sell, create derivative works, decompile, reverse engineer or disassemble the service offered. Nor shall you take any action to interfere with or damage it. All rights not expressly granted by us are reserved.

The design of the portal and its source codes, as well as the logos, trademarks and other distinctive signs that appear in it belong to BrainsPro and are protected by the corresponding intellectual and industrial property rights.

BrainsPro is not responsible for the legality of other third party websites from which the portal may be accessed. BrainsPro is also not responsible for the legality of other third party websites, which may be linked or linked from this portal.

BrainsPro reserves the right to make changes to the website without prior notice, in order to keep its information up to date, adding, modifying, correcting or eliminating the published contents or the design of the portal.

BrainsPro shall not be liable for the use that third parties make of the information published on the portal, nor for damages suffered or economic losses that, directly or indirectly, produce or may produce economic, material or data damages, caused by the use of such information.

The total or partial reproduction of the contents published in the portal is prohibited.

No personal data of users are collected through this website without their knowledge, nor are they transferred to third parties.

In order to offer you the best service and to facilitate the use, we analyze the number of pages visited, the number of visits, as well as the activity of visitors and their frequency of use.

For these purposes, BrainsPro uses the statistical information produced by the Internet Service Provider.

BrainsPro does not use cookies to collect user information, nor does it record the IP addresses of access. Only own, session cookies are used for technical purposes (those that allow the user to navigate through the website and the use of the different options and services that exist in it).

The portal owned by BrainsPro contains links to third party websites, whose privacy policies are unrelated to those of BrainsPro.

By accessing such websites you can decide whether to accept their privacy and cookie policies. In general, if you browse the Internet you can accept or reject third party cookies from the configuration options of your browser.

In compliance with the provisions of article 5 of the LOPD, it is reported that personal data collected directly from the user through the different resources available on the portal will be treated confidentially and will be incorporated into the respective files with the purposes indicated detailed in the General Protection Registry of Data not being used for purposes incompatible with these. The data collected may be transferred in the cases provided, for each file, in said Registry.

Those affected may exercise their rights of access, rectification, cancellation and opposition to BrainsPro, by writing to its Technical Office, at Calle Andaluces, No. 39, 29018 Malaga.

1. REGISTRATION: To use the BrainsPro service, you create a user account by providing your name, password and valid email address. You must provide complete and accurate registration information and notify us if your information changes. If you are a business, government, or nonprofit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. Under this agreement, you agree that BrainsPro may display your logo in the customer section of its website or other corporate or promotional materials.
2. ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow other users to use your account. You must safeguard the confidentiality of your password. If you use a device that others have access to, you must log out of your account after using the service. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
3. ACCOUNT TYPES: BrainsPro offers two types of accounts: directly ACADEMIES (subscription) and indirectly STUDENTS (type of account acquired at the time a user subscribes to any of the published content). at a given academy.) For the ACADEMY account type, BrainsPro offers subscription plans. See the plans and pricing pagefor features and pricing. Features and pricing are subject to change. The data collected through the creation of a STUDENT account belongs to the ACADEMY in question, who has legal responsibility for its protection. By default, all subscription plans are billed month-to-month or annually. The acquisition of content by students is made in a single payment or through recurring subscription payments.
4. PAYMENT CONDITIONS: Academy owners receive their accumulated income (payouts) once their course has started in a maximum of 20 days, in permanently open courses, the accumulated profits are transferred biweekly. In all plans, the accumulated income corresponds to 100% of final sales less bank fees applied by Stripe, without additional commissions. You can cancel your subscription or change your plan at any time from the control panel. When a plan is cancelled, it is canceled immediately but the remaining days of the period in which it has already been charged are not refunded. (See more in point 6. ACCOUNT CANCELLATION).
5. REFUNDS FOR STUDENTS:The order cancellation and refund policy is ultimately defined by the owners of each academy and must be defined on their own terms and conditions page.
6. ACCOUNT CANCELLATION:By canceling your SUBSCRIPTION plan, your account will no longer be public and your access will be disabled. Your students will be able to access only the content they have already purchased. To completely remove all your content, you must send a request this way. It is your sole responsibility to duly inform your students of the changes produced by the cancellation and deletion of your account and content. Your current paid subscription will remain active unless you explicitly ask us to delete it when you cancel your subscription. Your subscription may be automatically canceled if payment is suspended or there is an error in renewal. In such case, you will have seven (7) days, upon prior notice, to reactivate your subscription.
7. STAND-BY ACCOUNT: You can request stand-by or maintenance status for your account for a monthly subscription of €9.99 + VAT. In Stand-by your control panel and editing tools will be operational but your website will remain in maintenance mode and not accessible to your users. You will be able to access the data and content of your academy at all times. All information remains hosted on our servers in optimal conditions of guaranteed security.
8. TERMINATION FOR BREACH: We may suspend, disable or delete your account (or any part thereof) or block or remove any content you have posted if BrainsPro determines that you have violated any provision of this Agreement or that your conduct or content could damage our reputation. If we delete your account for these reasons, you will not be able to re-register with BrainsPro. BrainsPro may block your email address and Internet Protocol address to prevent additional logging. When using BrainsPro, you must behave in a civil and respectful manner at all times. Additionally, you must not: Act in a deceptive manner, including, among other things, impersonating another person; Harass any other person; Harm or exploit minors; o Distribute spam. BrainsPro has the right, but not the obligation, to monitor all conduct and content posted or shared. You may not upload, post or transmit (hereinafter "submit") any video, image, text, audio recording or other work (hereinafter "content") that: Infringes any third party's copyright or other rights (e.g. example, trademark, privacy rights, etc.); Includes or references in any way sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); Includes or references in any way hateful, defamatory or discriminatory content or incites hatred against any individual or group; Exploit minors; Describe illegal acts or extreme violence; Describe animal cruelty or extreme violence towards animals; Promotes fraudulent schemes, multi-level marketing (MLM) schemes, or any other dubious monetary enterprise; or Violate any law.
9. EFFECT OF RESOLUTION / ACCOUNT DECLARATION: By deleting or canceling your account, all licenses granted will terminate. If you delete your account or content for any reason, they will no longer be available. BrainsPro will not be responsible for the loss of such content.
10. DURATION: This Agreement begins on the date you first use BrainsPro and continues for as long as you have an account with us.

CONTENT RIGHTS

LICENSE TO BrainsPro: As between you and BrainsPro, you own the video content ("videos") that you post. BrainsPro will not copy, transmit or publicly display your video content without your express permission.

LICENSE TO OTHER USERS: You further grant permission to all students registered to your courses to view your videos for personal, non-commercial purposes. If you have set up your videos as downloadable, your students also have the right to download a copy of your videos to their personal devices. The above licenses are in addition to any license you choose to grant (for example, a Creative Commons license).

DURATION OF LICENSES: The above licenses will continue until you remove your videos, in which case the licenses will terminate within a commercially reasonable period. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

You also own all text, images, quizzes and downloadable content that you upload to your academy. All registered students of your courses will be able to access your content for their personal, non-commercial purposes. If you have uploaded downloadable documents, your students are also entitled to download a copy of these documents to their personal devices.

For each piece of content you submit, you represent and warrant that: (a) you have the right to submit the content to BrainsPro and grant the licenses set forth above; (b) BrainsPro will not need to obtain licenses from third parties or pay royalties to third parties; (c) the content does not infringe the rights of third parties, including intellectual property rights and privacy rights; and (d) the content complies with this Agreement and all applicable laws.

BrainsPro adopts all existing measures to guarantee service to users in a secure manner: data redundancy and storage of several copies of data on servers in different locations, in order to protect them from planned and unplanned events, such as transient hardware errors, power outages or network outages and massive natural disasters. The service may however be interrupted or down due to force majeure.

You will indemnify, defend and hold harmless BrainsPro and its affiliates, directors, employees and agents, from and against all actions by third parties that: (a) arise out of their activities on our service; (b) result from a violation by you of any term of this agreement; OR (c) result from any content you submit to BrainsPro that violates any law or infringes any third party right, including any intellectual property or privacy right.

We reserve the right to modify our Service and undertake to inform you of any changes or modifications that affect the terms of this Agreement. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to BrainsPro. BrainsPro has no obligation to monitor or track any content and does not warrant that any content made available complies with this Agreement or is suitable for all users.

BrainsPro provides its Service on an "as is" and "as available" basis. Therefore, you use it at your own risk. BrainsPro expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranties that might arise under any law. Without limiting the foregoing, BrainsPro makes no representations or warranties:

• that our service is permitted in your jurisdiction;
• that our service is uninterrupted or error-free;
• of any content submitted by any member;
• of the use by third parties of the content you submit;
• that our service meets your business or professional needs;
• of sites and resources outside of our service, even if they are linked.

To the extent no disclaimer or limitation of liability applies, all applicable express, implied and statutory warranties shall be limited in duration to a period of thirty (30) days after the date you first used BrainsPro, and no warranty shall apply after such period.

To the fullest extent permitted by law: (a) BrainsPro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; AND (b) BrainsPro's total liability to you shall not exceed the amounts paid by you to BrainsPro during the twelve (12) months prior to your claim(s).

APPLICABLE LAW: This Agreement shall be governed by the laws of Spain, without regard to principles of conflict of laws.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Service must be brought pursuant to arbitration proceedings recognizing the case law applicable to the territory in which our registered office is located.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to interpret the terms of this Agreement. If any term of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such term shall be severed from this Agreement. No failure or delay by us in exercising any right hereunder shall waive any further exercise of that right. BrainsPro's rights and remedies are cumulative and non-exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARY: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign this Agreement without our prior written consent. No third party shall have any rights hereunder.

NOTICES: You agree to receive all communications including notices, agreements, disclosures or other information from us electronically. BrainsPro may provide all such communications by email or by posting them on its site. For support-related inquiries, you may contact us. Nothing contained herein shall limit our right to resist subpoenas, claims or other demands.

MODIFICATION: This Agreement may not be modified except by a revision to the Terms of Service posted by us or a written amendment signed by an authorized representative. The revised Terms of Service will be effective as of the date it is posted on BrainsPro.

This Agreement constitutes the entire understanding between BrainsPro and you regarding the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

Last updated: January 1, 2022