{"id":3718,"date":"2024-10-31T23:13:08","date_gmt":"2024-10-31T22:13:08","guid":{"rendered":"https:\/\/www.ainara.education\/legal-notice\/"},"modified":"2026-03-18T09:17:09","modified_gmt":"2026-03-18T08:17:09","slug":"legal-notice","status":"publish","type":"page","link":"https:\/\/www.ainara.education\/en\/legal-notice\/","title":{"rendered":"Legal Notice"},"content":{"rendered":"\t\t
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Legal Notice of the AInara Website<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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TERMS OF USE AND PROVISION OF THE SERVICE BY SMILE & LEARN<\/strong><\/p>\n

SMILE & LEARN has developed the AInara tool aimed at the education sector (teachers and publishers, in a first phase) so that they can generate their own high quality content using Artificial Intelligence (AI). This tool is designed for use by users over 18 years of age. <\/span><\/p>\n

It is important that the user of the platform reads and understands the present terms of use since the generative Artificial Intelligence has certain particular characteristics that the user must know and accept.<\/span><\/p>\n

These terms and conditions constitute a binding contract between the parties and contain important information about the User\u2019s legal rights, remedies and obligations.<\/span><\/p>\n

By accessing AInara, the user will have to expressly accept the contents of these Conditions as well as the Privacy Policy and Cookies, and agree not to use them in an illegal or unlawful manner.<\/span><\/p>\n

The minimum age for using this website is set at 18 years. In the case of minors, their parents, guardians or legal representatives will be responsible. <\/span><\/p>\n

1.- OWNER:<\/b><\/p>\n

Smile and Learn Digital Creations, S.L. <\/span><\/p>\n

Address at Diego de Le\u00f3n 55<\/span><\/p>\n

28006 Madrid <\/span><\/p>\n

CIF B86731791<\/span><\/p>\n

2.- Our service<\/b><\/p>\n

The AInara platform is intended for the teaching environment and offers the possibility of using content (including, among others, texts, images, audios, etc.) generated by AI tools. In addition, on the platform, the user can also use digital objects (e.g. an image) that have been previously generated by AI, but that have since been reviewed in terms of rigor and security by the Smile and Learn team, or even digital objects that have been created by the Smile and Learn educational team. <\/span><\/p>\n

In any of the 3 cases mentioned below, AInara users will always be responsible for ensuring that the contents offered are safe from an educational point of view and do not contain obvious errors. <\/span><\/p>\n

Likewise, such contents may be used by the user according to the contracted service levels.<\/span><\/p>\n

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  1. Exclusive contents property of Smile & Learn verified by Smile & Learn. In this case Smile & Learn is responsible for the veracity and accuracy of the results offered and the intellectual property of the source content. These contents are part of the \u00abCorpus\u00bb of AInara and are accessible to all users of AInara. <\/span>
    <\/span><\/li>\n
  2. AI-generated content undergoes an initial review process by Smile & Learn in terms of accuracy and security. The user will always be the final person responsible for verifying the rigor of the final content. These contents are part of the AInara Corpus and are accessible to all AInara users. <\/span>
    <\/span><\/li>\n
  3. AI-generated content not verified by Smile & Learn. Smile & Learn does not verify the results. It will be the user in any case, the only one responsible for checking the results and the use and applications of them. <\/span><\/li>\n<\/ol>\n


    <\/span>The user is authorized to use the results and content generated by AInara even after the account becomes inactive. Smile & Learn does not claim authorship of any results. <\/span><\/p>\n

    The contents obtained may be used by the user for educational and\/or commercial purposes\u2014depending on the level of service contracted\u2014being that the user is fully responsible for such use and exempting Smile & Learn from any responsibility for such contents. See the section \u00abIntellectual Property\u00bb and \u00abResponsibility\u00bb for more details. <\/span><\/p>\n

    2.1.- Account creation<\/b><\/p>\n

    To use our platform you need an account. You will be provided with a personal and non-transferable user. <\/span><\/p>\n

    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. <\/span><\/p>\n

    Your user account may be created either because you have contracted directly with us or because your organization has a contract with SMILE & LEARN. In either case, user accounts are personal and non-transferable. <\/span><\/p>\n

    When creating and maintaining your account, you must provide accurate and complete information at all times, including a valid email address. You assume all responsibility for the account and for anything that happens to it, including any damages (suffered by us 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\u2019s account. If you belong to an organization, we may assign you a unique user. <\/span><\/p>\n

    If you share your login credentials with another person, you assume full responsibility for what happens to your account.<\/span><\/p>\n

    You may cancel your account at any time, although by doing so you may lose all the information contained in your account.<\/span><\/p>\n

    2.2.- Level of service<\/b><\/p>\n

    SMILE & LEARN offers different levels of service involving different access to content as explained below:<\/span><\/p>\n

    Service 1:<\/b> Free trial<\/span><\/p>\n

    There is the possibility of enjoying a temporary limited trial access in order to allow the user to test the usability of the platform.<\/span><\/p>\n

    For all purposes, the user shall have the same rights and obligations set forth in these terms, but may not use the content generated for commercial purposes.<\/span><\/p>\n

    Service 2:<\/b> Exclusively educational use<\/span><\/p>\n

    If you have purchased a license intended solely for teaching activities within a center, school or college, you may only use the content generated by the platform in that environment and free of charge (non-commercial) for its recipients. This use implies the use of the platform and the contents generated by it without limit but always subject to non-commercial educational use. <\/span><\/p>\n

    Service 3:<\/b> Commercial \/ editorial use<\/span><\/p>\n

    If you acquire a commercial\/publishing\/company license you may use the contents generated by the platform for commercial purposes (e.g. publishing) being aware that SMILE & LEARN is only responsible for those contents verified by SMILE & LEARN. In all other cases, the user is responsible for the search results and must verify their content. <\/span><\/p>\n

    Due to the nature of the tool, the results displayed may not be unique; that is, on the same search\u2014for example for a text related to a specific subject or an image\u2014the results displayed may be similar and\/or identical to those shown to other users. <\/span><\/p>

    However, commercial use will be restricted when the content is generated from Smile and Learn’s intellectual property corpus.<\/div>\n

    2.3.- Right of exclusion<\/b><\/p>\n

    SMILE & LEARN reserves the right to deny or withdraw access to the platform without prior notice, at its own request or at the request of a third party, to those users who violate these Terms of Use. <\/span><\/p>\n

    3.- License of use and user’s rights<\/b><\/p>\n

    SMILE & LEARN <\/b>provides the service through a license to use its platform (SaaS model). The user may use the platform and its contents without the use thereof conferring any rights over the platform or its contents (those specific to it) unless expressly authorized to do so (depending on the type of license) and without prejudice to the provisions of the other points of these terms of use in particular on the ownership of the contents. <\/span><\/p>\n

    The aforementioned license is granted for a specific period of time, for the entire world territory and subject to the chosen and contracted service level.<\/span><\/p>\n

    Accuracy of results<\/b><\/p>\n

    AI evolves and learns very fast. But it also makes mistakes. For this reason, and although at Smile & Learn we are constantly working on improving the service, the results may not be accurate. <\/span><\/p>\n

    The user accepts and understands these points and is responsible for the use of such results and for their human review and verification.<\/span><\/p>\n

    5.- Intellectual Property<\/b><\/p>\n

    Intellectual property on the platform, its design and Smile & Learn creations.<\/b><\/p>\n

    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.<\/span><\/p>\n

    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 hyperlink, is strictly prohibited without the express written permission of Smile and Learn. <\/span><\/p>\n

    5.2.- Intellectual property on search results and uses of AInara<\/b><\/p>\n

    Smile & Learn does not claim for itself any of the content generated by the platform when used.<\/span><\/p>\n

    a) Results without user input. Ownership of AI-generated content without user input cannot be protected as such. Such contents may match those of other users so that in a search for similar content, there is a probability that the content will match. Those who, through this platform, contribute any type of content (texts, images, audios…) of their own or of third parties, are responsible for them. <\/span><\/p>\n

    b) Results with user input. <\/span>If the user provides his\/her own content (images, sound, text, voice), the results will be his\/her property as long as the requirements established in the regulations on intellectual property are met, especially for the purpose of protecting said results.<\/span><\/p>\n

    Such information will not be used by SMILE & LEARN or the platform for learning purposes, nor will it be shared with users external to the account\/user.<\/span><\/p>\n

    As stated above, SMILE & LEARN does not claim the results of searches performed for itself, but the user should note the following:<\/span><\/p>\n

    5.3.- Intellectual property of libraries and artificial intelligence models:<\/b><\/p>\n

    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 and artificial intelligence models obtained from third party sites.<\/span><\/p>\n

    Such original SMILE & LEARN resources cannot be used \u00abas is\u00bb but may be used as a source of content for AI use (a Smile & Learn proprietary image or photograph can only be used if AInara is applied to that image).<\/span><\/p>\n

    SMILE & LEARN does not claim any rights over the search results coming from third party artificial intelligence tools and models, being the user fully responsible for their verification and use under the intellectual property laws applicable according to the territory.<\/span><\/p>\n

    Smile & Learn allows the use of the results not only while using the platform but also afterwards and without limit (within the contracted service level).<\/span><\/p>\n

    6.- Warranties<\/b><\/p>\n

    SMILE & LEARN<\/b> guarantees a quality service tailored to the needs of the teaching community..<\/span><\/p>\n

    It guarantees the operation of the platform, although it is not responsible for failures in the users\u2019 systems, misuse of the platform, unverified content or other technical issues.<\/span><\/p>\n

    SMILE & LEARN guarantees the subsequent use of the results. Any modification of Ainara\u2019s own conditions or of the tools used by Ainara will affect the new contents but not the previous ones. <\/span><\/p>\n

    Suspension of service<\/b><\/p>\n

    SMILE & LEARN reserves the right to suspend, limit or even delete the account of a user who engages in activities contrary to the terms of use, the law and social and commercial uses on educational content. <\/span><\/p>\n

    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.<\/span><\/p>\n

    Failure to pay the corresponding license fee will also result in the suspension of the service under the conditions set forth in the corresponding license agreement. The user will be able to access the projects but in no case will be able to generate new content until his situation is regularized. <\/span><\/p>\n

    8.- Liability for use<\/b><\/p>\n

    8.1.- Liability of SMILE & LEARN<\/span><\/p>\n

    SMILE & LEARN is not responsible:<\/span><\/p>\n