Legal Notice of the AInara Website
TERMS OF USE AND PROVISION OF THE SERVICE BY SMILE & LEARN
SMILE & LEARN has developed the AInara tool for the educational sector (teachers and publishers, in the first phase) so that they can generate their own high quality content using artificial intelligence (AI).
It is important that the user of the platform reads and understands these terms of use since generative artificial intelligence has certain particular characteristics that the user must know and accept.
These terms and conditions constitute a binding contract between the parties and contain important information about the User’s legal rights, resources and obligations.
By accessing AInara, the User is presumed to accept the content of these Terms and Conditions (which the User will expressly accept), as well as the Privacy and Cookies Policy, and agrees not to use them for illegal, illicit or otherwise contrary purposes.
The minimum age to use this website is set at 18 years old. In the case of minors, their parents, guardians or legal representatives will be responsible.
1.- OWNER:
Smile and Learn Digital Creations, S.L.
Address: Ronda de Sobradiel 16-B,
28043 Madrid
CIF B86731791
2.- Our service
The AInara platform is intended for teaching environments and offers the possibility of using content generated by AI tools. Likewise, on the platform, the user can also use digital media (e.g. an image) that have been previously generated by AI, but that have been previously reviewed for accuracy and security and partially reviewed by the Smile and Learn team, or even digital media that have been created by the Smile and Learn educational team.
In any of the 3 cases mentioned below, it will always be the responsibility of the AInara users to ensure that the digital content offered is safe from an educational point of view and does not contain obvious errors.
- Exclusive content owned by Smile & Learn and verified by Smile & Learn. In this case Smile & Learn is responsible for the truthfulness and accuracy of the content and the intellectual property of the source content. These contents are part of the AInara Corpus and are accessible to all AInara users.
- AI-generated content that undergoes an initial review process by Smile & Learn in terms of accuracy and security. The user will be ultimately responsible for verifying the accuracy of the final content. These materials are part of the AInara Corpus and are accessible to all users of AInara.
- AI-generated content not verified by Smile & Learn. Smile & Learn does not verify the results. The user is solely responsible for verifying the results and the use and applications thereof.
The results and content obtained by the user belong to the user even after the end of the subscription. The user is authorized to continue using such contents even after the account becomes inactive.
The content obtained may be used by the user for educational and/or commercial purposes, the user being fully responsible for such use and exempting Smile & Learn from any liability for such contents.
2.1.- Account creation
To use our platform you need an account. You must keep your password secure as you will be responsible for all activities and uses associated with your account. If you suspect that someone is using your account without your authorization, please contact us.
Your user account may be created because you have signed up directly with us or because your organization has a contract with SMILE & LEARN. In either case, user accounts are personal and non-transferable.
When creating and maintaining your account, you must provide accurate and complete information at all times, including a valid email address. You assume full responsibility for the account and for everything that happens on it, including any damages (suffered by Smile and Learn or anyone else) caused by someone using your account without permission. This means that you must be careful with your username and password. You may not transfer your account to another person or use another person’s account. If you belong to an organization, we may assign you a unique user.
If you share your login credentials with another person, you assume full responsibility for what happens to your account.
You may cancel your account at any time, but by doing so you may lose all information contained in your account.
2.2.- Level of service
SMILE & LEARN offers different levels of service that involve different levels of access to content as explained below:
Service 1: Free trial
There is the possibility of enjoying a temporary limited trial access so that the user can test the usefulness of the platform.
The user will have the same rights and obligations as those set out in these terms, but will not be able to use the content generated for commercial purposes.
Service 2: Educational use only
If you have purchased a license intended solely for teaching activities within an educational center, school or college, you may only use the content generated by the platform in said institutions and free of charge (non-commercial) for its recipients.
Service 3: Commercial use
If you purchase a commercial license, you may use the content generated by the platform for commercial purposes (e.g. publishing) being aware that SMILE & LEARN is only responsible for the content verified by SMILE & LEARN. In all other cases, the user is responsible for the search results and must verify their content.
Due to the nature of the tool, the results displayed may not be unique. For example, the results displayed from a certain search, like a text related to a specific subject or an image, may be similar and/or identical to those displayed to other users.
3.- License of use and user’s rights
SMILE & LEARN provides the service through a license of use of its platform. The user may use the platform and its contents but such use does not grant them any rights over the platform or its contents unless expressly authorized to do so (depending on the type of license) and subject to the provisions of these terms of use particularly on the ownership of the contents.
The aforementioned license is granted for a specific period of time, throughout the world and subject to the chosen level of service.
Intellectual Property
All the contents of the platform, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Smile and Learn or of third parties, whose rights in this respect are legitimately held by Smile and Learn, and are therefore protected by national and international legislation.
It is strictly forbidden to use all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration, decompilation and/or any other action that involves an infringement of current Spanish and/or international regulations on intellectual and/or industrial property. Likewise, the total or partial reproduction of the platform, not even by means of hyperlink, without the express written permission of Smile and Learn is strictly prohibited.
Those who, through the corresponding prompts, contribute their own or third parties’ content to the platform, are responsible for them.
Such information will not be used by SMILE & LEARN or by the platform for learning, nor will it be shared with users outside the account/user.
SMILE & LEARN does not make any claim to the results of the searches performed, but the user should be aware of the following:
Intellectual property of libraries:
Depending on our service levels, results may come from libraries powered solely and exclusively by SMILE & LEARN generated and original content or by other content obtained from third party sites.
SMILE & LEARN does not claim any rights over the search results and the user shall be fully responsible for their verification and use.
5.- Guarantees
SMILE & LEARN guarantees a quality service tailored to the needs of the teaching community.
SMILE & LEARN guarantees the operation of the platform but is not responsible for failures in the users’ systems, misuse of the platform, unverified content or other technical issues.
Suspension of the service
SMILE & LEARN reserves the right to suspend, limit or even delete the account of a user who performs activities contrary to the terms of use, the law and social and commercial uses on educational content.
We reserve the right to immediately expel you from the Service without refund or restrict your access to the Site if you are caught violating this policy.
7.- Liability for use
7.1.- Liability of SMILE & LEARN
SMILE & LEARN shall not be liable:
- For search results not expressly verified. AInara is a professional platform for teaching support and does not replace or constitute in itself a source of teaching content.
- For the accuracy of the content. SMILE & LEARN performs a verification of some content that is not infallible and therefore, in such cases, the results may contain errors.
- For the errors that the generative AI presents: it is a non-infallible tool that may contain errors or erroneous content in certain cases. SMILE & LEARN is only responsible for the content expressly verified.
- For the use made by the user themselves
- Internet connection, communication failures or other technical issues beyond SMILE & LEARN’s control.
7.2.- User’s responsibility
The user is fully responsible for the use and target of the content. For these purposes and under the levels of service, they are aware that:
- The verified contents have been checked by people and confirmed as suitable.
- Unverified content must be assessed by the user themselves regarding the use, target, audience and medium.
- AInara is an educational content platform which implies that any unrelated use is prohibited or is done under the full responsibility of the user, exempting SMILE & LEARN from any liability in this regard.
8.- Prohibitions
It is strictly forbidden for the User to:
- Violate or attempt to violate the security of AInara.
- Perform web scraping.
- Modify or reverse engineer the platform.
- Violate third party rights through searches using personal data or other confidential or proprietary information.
- Use the platform for illicit uses or uses that may harm the interests of third parties, in particular minors.
- Attempt or perform any action that violates AInara’s intellectual property or know-how.
- Assign their credentials or allow third parties access to the platform without having a special license or prior written permission from SMILE & LEARN.
- Use the software in a way that prevents or may prevent its normal operation.
- Disclose or publish the software, or make it available to third parties in any way.
9.- Protection of personal data
SMILE & LEARN performs, in its capacity as the responsible party, the processing of user data in order to manage access and use of the platform. Such processing is carried out in accordance with the provisions of the EU Regulation 2016/679 General Data Protection Regulation (GDPR) and the Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).
Our privacy policy is part of these conditions and you can access it HERE.
10.- Modification of conditions
SMILE & LEARN may modify and update these terms of use. We recommend reading them periodically.
Any substantial modification of these terms will be communicated to users.
11.- Dispute resolution
These Terms and Conditions, as well as the Privacy and Cookies Policies, shall be interpreted and governed in accordance with Spanish law.
Users who have the status of consumers or users under Spanish law and reside in the European Union, if they have any incident with an online purchase made to SMILE & LEARN and wish to reach an out-of-court settlement, may resort to the Online Dispute Resolution Platform, created by the European Union and developed by the European Commission under Regulation (EU) 524/2013.
Updated October 2024.