ALMIA TERMS AND CONDITIONS OF USE

These Terms and Conditions (hereinafter, "Terms") govern the access and use of the ALMIA educational platform (hereinafter, "the Platform"), as well as the services offered through it.

ALMIA is an educational platform specialized in teaching and facilitating the use of artificial intelligence tools in the educational field, aimed at teachers, families, and educational centers.

Access to and use of the Platform implies the express and unreserved acceptance of all the terms included in this document. If you do not agree with these Terms, please do not use the Platform.

The User agrees to read these Terms carefully before proceeding with registration or use of any service offered.

ALMIA offers the following artificial intelligence-based educational services:

a) Educational Content with AI: Generation of personalized stories, creation of educational images, generation of adapted textbooks, personalized educational videos, educational podcasts, personalized learning avatars, AI virtual tutors, and personalized teaching materials.

b) Tools for Teachers: AI-assisted lesson planning, generation of educational materials, automated assessments, and personalized teaching resources.

c) Tools for Families: Homework support, personalized educational content for children, and interactive educational activities.

d) Solutions for Educational Centers: Customized institutional plans, teacher training in educational AI, and curriculum-adapted educational materials.

To access certain services of the Platform, the User must create an account by providing:
• Full name
• Valid email address
• Secure password
• User type (Teacher or Family)

The User is responsible for:
• Maintaining the confidentiality of their password
• All activities carried out under their account
• Immediately notifying ALMIA of any unauthorized use of their account ALMIA will not be responsible for any loss or damage resulting from failure to comply with these security obligations.

ALMIA services are designed to be used by:
• Teachers: Adults over 18 years of age
• Families: Parents or legal guardians over 18 years of age acting on behalf of minors Minors may only use the Platform under the supervision and authorization of their parents or legal guardians, who will be responsible for their use.

The User agrees to use the Platform and its services:
• In accordance with the law, these Terms, and morals and good customs
• For exclusively educational purposes
• Respecting intellectual and industrial property rights
• Without carrying out activities that may damage, disable, or overload the Platform

The following is expressly prohibited: a) Prohibited content:
• Uploading, posting, or sharing illegal, threatening, abusive, defamatory, obscene content or content that violates third-party rights
• Using the Platform to harass, intimidate, or harm other users
• Publishing content containing viruses, malware, or any malicious code b) Prohibited activities:
• Attempting to access restricted areas of the Platform
• Reverse engineering, decompiling, or disassembling the Platform
• Using robots, spiders, scrapers, or any automated method to access the Platform
• Creating fake accounts or impersonating third parties
• Marketing or reselling services without express authorization from ALMIA c) Unauthorized commercial use:
• Using generated content for commercial purposes without appropriate rights
• Redistributing or selling content generated on the Platform

Non-compliance with these Terms may result in:
• Temporary or permanent account suspension
• Subscription cancellation without right to refund
• Legal action when appropriate

ALMIA offers the following subscription plans: FREE PLAN (Free):
• Limited access to educational content
• Basic AI tools
• Limited functionalities
• No cost
• No commitment period PLUS PLAN:
• Monthly price: €5.00 (VAT included)
• Annual price: €50.00 (VAT included) - Save €10
• Full access to all premium content
• Advanced AI tools
• Exclusive content
• Priority support
• Early access to new features INSTITUTIONAL PLANS:
• Special rates for educational centers
• Customized pricing based on number of users
• Teacher training included
• Dedicated support
• Contact: [email protected]

Free Month of Plus Plan:
• Users who complete the feedback form will receive 1 free month of the Plus Plan
• The free month will be activated through a code sent by email
• No credit card required to activate the free month
• At the end of the free month, the user must manually subscribe if they wish to continue with the Plus Plan

Payments are processed securely through Stripe, a payment processing platform certified PCI-DSS Level 1 (the highest level of security in the industry).

ALMIA does not store or have access to complete credit or debit card data of users.

• Credit cards (Visa, Mastercard, American Express)
• Debit cards
• Other methods enabled by Stripe according to regional availability

Monthly Subscription:
• Will be automatically billed every month on the subscription start date
• Charges will be made in advance for the following period Annual Subscription:
• Will be automatically billed every year on the subscription start date
• Charges will be made in advance for the full annual period Invoice Issuance:
• Invoices will be automatically sent by email after each charge
• Invoices will be available in the user dashboard
• Invoices will include all necessary tax data according to current regulations

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) until the User cancels the subscription.

The User will be notified by email at least 7 days in advance before each renewal.

In case of payment processing failure:
• The charge will be attempted again in the following days
• The User will be notified by email
• If not resolved within 7 days, the subscription may be suspended
• Access to premium features will be blocked until payment is regularized

The User can cancel their subscription at any time from their user dashboard or by contacting customer service. Effects of Cancellation:
• Cancellation will take effect at the end of the current billing period
• The User will maintain access to premium features until the end of the paid period
• No additional charges will be made after cancellation
• The User may continue using the Free Plan Cancellation Process:
• Access the user dashboard
• Navigate to "Plans and Subscription"
• Select "Cancel Subscription"
• Confirm cancellation

Right of Withdrawal (14 days): In accordance with Royal Legislative Decree 1/2007, of November 16, consumer users in Spain have the right to withdraw from the contract within 14 days following contracting without need for justification. To exercise the right of withdrawal:
• Send request to: [email protected]
• Clearly indicate the intention to withdraw
• Include account details and contracting date The refund will be processed within a maximum period of 14 days from receipt of the request, using the same payment method used in the initial transaction. Exceptions to Right of Withdrawal:
• If the User has actively used the services during the withdrawal period and has given express consent
• Digital content already downloaded or used Other Refund Requests: Outside the legal withdrawal period, refunds will be evaluated on a case-by-case basis. To request a refund:
• Contact: [email protected]
• Explain the reasons for the request
• Provide account and transaction details

ALMIA reserves the right to suspend or cancel a User's account in case of:
• Violation of these Terms and Conditions
• Fraudulent activity or improper use of the Platform
• Recurring non-payment
• Request from the User themselves In case of cancellation due to violation of Terms, no refunds will be made.

All elements of the Platform (design, source code, logos, trademarks, texts, graphics, structure, etc.) are the property of ALMIA or its licensors and are protected by Spanish and international intellectual and industrial property laws.

Access to the Platform does not grant the User any ownership rights over these elements.

ALMIA grants the User a limited, non-exclusive, non-transferable, and revocable license to:
• Access and use the Platform according to these Terms
• Download and use generated content for personal or professional educational purposes This license does not include the right to:
• Modify, copy, distribute, or create derivative works from the Platform software
• Reverse engineer or attempt to extract source code
• Use content for commercial purposes without authorization

Content Ownership: The User retains all rights to:
• Data and materials uploaded to the Platform
• Educational content generated through the Platform's AI tools License Granted to ALMIA: By using the Platform, the User grants ALMIA a limited license to:
• Store and process User content necessary to provide services
• Use content anonymously and in aggregate to improve services and develop new features ALMIA will not use User content for commercial purposes nor share it with third parties without express consent from the User.

Content generated through ALMIA's artificial intelligence tools (texts, images, videos, etc.):
• May be used by the User for their educational purposes
• The User is responsible for verifying that generated content does not infringe third-party rights
• ALMIA does not guarantee that generated content is error-free or appropriate for all uses

The Platform is provided "as is" and "as available". ALMIA does not guarantee:
• That services will be uninterrupted, secure, or error-free
• That results obtained through AI will be accurate, complete, or reliable
• That defects will be corrected within a determined timeframe
• That the Platform will be free from viruses or other harmful components The User accepts that use of the Platform is at their own risk.

To the maximum extent permitted by law, ALMIA will not be liable for: a) Indirect Damages:
• Loss of profits
• Loss of data
• Loss of business opportunities
• Damage to reputation
• Any other indirect, special, incidental, or consequential damages b) Third-Party Content:
• ALMIA is not responsible for content generated through artificial intelligence
• The User is responsible for verifying the accuracy and legality of generated content
• ALMIA does not guarantee that generated content is appropriate for all audiences c) Third-Party Services:
• ALMIA uses third-party services (Stripe for payments, AWS for storage, etc.)
• ALMIA is not responsible for failures or interruptions in these third-party services d) Economic Limit: In any case, ALMIA's total liability will not exceed the amount paid by the User in the 12 months prior to the event that originated the claim.

The User agrees to indemnify and hold harmless ALMIA, its directors, employees, and collaborators from any claim, damage, loss, or expense (including reasonable attorney's fees) arising from:
• Improper use of the Platform by the User
• Violation of these Terms
• Violation of third-party rights
• Content that the User uploads or generates on the Platform

ALMIA will not be liable for non-performance or delay in performance of obligations arising from causes beyond its reasonable control, including but not limited to:
• Natural disasters
• Wars or terrorist acts
• Internet infrastructure failures
• Actions or omissions by third parties
• Legislative changes

ALMIA commits to:
• Comply with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD)
• Protect personal data through appropriate technical and organizational measures
• Not sell or transfer personal data to third parties for commercial purposes
• Respect Users' ARCO rights (Access, Rectification, Cancellation, and Opposition)

In case minors use the Platform under supervision of their parents or guardians:
• The parent or guardian is responsible for providing necessary consent
• ALMIA will process the minor's data in accordance with specific minor protection regulations
• Parents or guardians can exercise the minor's rights by contacting: [email protected]

By accepting these Terms, the User consents to receive electronic communications from ALMIA, including:
• Transactional emails (confirmations, invoices, etc.)
• Notifications about changes to Terms or services
• Information about the account and use of the Platform

The User may receive commercial communications about:
• New Platform features
• Offers and promotions
• Recommended educational content
• Newsletter with tips on educational AI The User can unsubscribe from these communications at any time:
• By clicking the "unsubscribe" link in each email
• From their account preferences
• By contacting: [email protected] Transactional communications cannot be canceled as they are essential to the service.

These Terms are governed by Spanish law. In particular:
• Law 34/2002, on information society services and electronic commerce
• Royal Legislative Decree 1/2007, approving the consolidated text of the General Law for the Defense of Consumers and Users
• Spanish Civil Code
• Regulation (EU) 2016/679 (GDPR)
• Organic Law 3/2018, on Protection of Personal Data and guarantee of digital rights

For resolution of any dispute arising from these Terms, the parties expressly submit to the Courts and Tribunals of the consumer User's domicile, as established in consumer and user protection legislation.

For Users not acting as consumers, the parties submit to the Courts and Tribunals of Cartagena (Murcia), Spain.

In accordance with Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform available at: https://ec.europa.eu/consumers/odr/

Consumer Users in the European Union can use this platform to resolve disputes related to online purchases extrajudicially.

Consumer Users can file their claims with:
• Consumer Arbitration Boards: Extrajudicial dispute resolution system
• Municipal Consumer Information Offices (OMIC)
• EU ODR Platform (for consumers in the EU): https://ec.europa.eu/consumers/odr/

The User may not assign or transfer these Terms or any right or obligation derived therefrom without prior written consent from ALMIA.

ALMIA may assign these Terms and its rights and obligations to any entity in case of merger, acquisition, sale of assets, or for any other reason.