Terms and conditions
Last updated on May 11, 2021.
1. General information
Genially Web S.L. (hereinafter "Genially"), with TIN number B56019912, with registered office in Plaza Ramón y Cajal 4 - Planta 4, with Postal Code 14003, Córdoba (Spain), and registered in the Mercantile Registry of Córdoba in volume 2154, sheet 51, page CO*35517, inscription 1ª, is the owner of the web site hosted under the domain names and all those subdomains depending on them (hereinafter the "Web Site").
These terms and conditions (hereinafter the "Terms and Conditions") regulate the service by which Genially makes available to the users (hereinafter the "Users") the functionalities of its Web Site (hereinafter the "Platform"), intended for any person, natural or legal, to create any kind of communication experience, full of interactivity and animation, in a simple and accessible way (hereinafter the "Service"). These Terms and Conditions are available to all Users of the Website and/or the Platform free of charge.
In case the User wants to contact Genially to solve any doubt or incidence regarding the Web Site, the Platform and/or the Service, he/she can contact Genially through the following e-mail address: firstname.lastname@example.org or through the postal address mentioned above.
2. Registration process and acquisition of the Services
Access to the contents of the Platform 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.
Access to the Platform 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 Platform 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 them, the law, morality and public order by their employees, students, teachers, collaborators and / or anyone who is provided access to the Platform.
Also, access to the Platform is allowed to individuals over the age of 14 years of age with full legal capacity. However, certain functionalities of the Platform are expressly prohibited to individuals under 18 years of age, unless there is express authorization from their parents or legal guardians:
- Any subscription to a Genially paid plan (Student, Edu Pro, Pro, Master and/or Team Plan).
- Sharing and marking creations as reusable.
- The creation of a social profile on the Platform.
In the event of access to the Platform by an individual under the legal age, it shall be understood that such access has been made with prior and express authorization of his/her parents, guardians or legal representatives, notwithstanding that Genially reserves the right to make as many verifications as it deems appropriate and, if necessary, to suspend the access to the User who does not comply with the present stipulation.
Likewise, each User shall be liable for the expenses and damages caused by the use of the Services by any third party who uses their password for this purpose as a result of improper or negligent use or as a result of the loss of the same by the User.
If the User makes a mistake when entering his/her personal data during the contracting of the Service, he/she can correct them by sending an e-mail to email@example.com. It is important that the User checks the information entered and corrects any mistakes before finalizing the registration.
The contract between Genially and the User is concluded upon completion of the registration process on the Platform, it being understood that the completion of the registration process and the inclusion of all the requested data, together with the acceptance of the corresponding checkbox of the present Terms and Conditions, means a direct manifestation of having read them and of the User's will to accept them.
After registration on the Platform, the User will have a free subscription plan that will allow to use certain functionalities of the Platform (hereinafter referred to as "Free Plan"). However, the User may purchase a payment plan (hereinafter "Premium Plan"). To do so, the User must follow each and every one of the instructions indicated at the time of contracting the Service, providing the following information:
- Name of the cardholder.
- Type of card.
- Card number.
- Card expiration date or any other information required during the purchase process.
In this regard, the User agrees not to provide false data, including names, addresses and/or contact or payment details, as well as not to initiate any illegal activity in connection with the purchase and not to allow anyone else to do so.
A registration summary screen will then be displayed detailing the plans acquired, notwithstanding that the User will automatically receive an email confirming that such registration and purchase of the Service has been successfully completed. In case of not receiving such email, the User will have to check the "junk mail" or "spam" folder and, if the User does not find it there, he/she will have to communicate it to Genially as soon as possible so that the incident can be solved. Notwithstanding the above, the User can access at any time to his invoices by entering in his profile, in the section "Configuration", "Invoicing and Payments."
3. Features of the Services
Genially makes available to the Users who have completed the registration process a great number of functionalities and contents in its Platform 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 functionalities will vary according to the type of plan chosen by the User when the registration process is completed:
a) Free Plan: this plan is available to all Users who complete their registration on the Platform for free and includes the following features:
- Make unlimited creations.
- Having social link: displaying creations on the Platform with social functions).
- Make public creations.
- Access to Free Templates
- Access all resources included in the Genially "gallery".
- Create data visualization charts.
- Perform collaborative edits with other Users.
- Recover creations deleted in the last 30 days.
- Position creations in search engines (SEO module).
- Move elements to the display page.
- Draw directly on the creations.
- Receive training through the online academy.
- Receive advanced training through group sessions.
- Receive support services during business hours.
b) Premium Plan: The Premium Plans listed below have a cost for the User as they are subject to the payment detailed in clause four of these Terms and Conditions. All Premium Plans have the same functionalities as the Free Plan as well as additional functionalities that will help Users to improve their creations.
i) Student Plan:
- View creations without internet connection (downloadable HTML file)
- Download files in JPG, PDF and/or HTML format.
- Premium Templates available
- Unlimited graphic resources
ii) Pro Plan:
- Private link available: display creations on an exclusive and private page
- View Creations without internet connection (downloadable HTML file)
- Control privacy by passwords on creations
- Import PPT files: Transform PowerPoint files into Creations automatically.
- Make private creations
- Download files in JPG, PDF and/or HTML format.
- Premium Templates available
- Unlimited graphic resources
- Transfer creations to other Users
- Create folders to organize creations
- Edit layers of graphic elements by accessing the "designer mode".
- Add audio to your creations.
iii) Edu Pro Plan: this plan provides all the features of the Pro Plan, plus the following functionality:
- Advanced graphics (radar, timeline, heat map, etc).
iv) Master Plan: this Plan has the same functionalities as the Edu Pro Plan and, in addition, the following functionalities:
- Remove the Genially watermark
- Include your own logo
- Replace Genially's upload icon with your own icon
- Use corporate resources such as fonts, colors, images, etc.
- Monitor the visualizations of the creations
- Obtain statistics on the behavior before other users' creations
- Integrate Google Analytics
- Advanced collaborative editing
- Create folders to organize creations
- Share folders of creations with other Users
- Sort the customized panel for quick access to creations
v) Team Plan: this Plan provides the functionalities of the Master Plan and five (5) licenses to use the Platform, plus
- Personalized support services
4. Price of the Services
The price of the Service offered on the Platform by Genially will depend on the Plan chosen by the User. At the moment Genially offers different Plans for purchasing. Users can consult the Services and Prices at any time. The payment of the Services will be done, at the User's choice, by the means of payment provided by Genially through the Platform.
5. Renewal or cancellation of the contracted Services
The service contracted by the Users shall be automatically renewed for periods of time equal to the initially contracted, unless the User cancels the Plan before the end of the current subscription period. Notwithstanding the foregoing, the User may, at any time, request to unsubscribe from the Platform by accessing his/her profile and selecting "cancel my plan" in the configuration section. Once cancelled, the User will continue to have access to the Platform and the contracted Services until the end of the subscription period. In any case, once the cancellation has been made, the User may request a new registration, subject to the Genially's right not to accept such registration in specific cases or in case of conflict or dispute between the parties, which is to be resolved or which has ended with recognition of fault or negligence of the User and/or damage to Genially, its employees and partners or its Users, customers or potential customers. 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.
The cancellation of the Plan will take effect from the moment following the end of the Plan initially contracted by the User, at which time the User will have a Free Plan. To cancel the subscription the User will have to follow the steps indicated by Genially for the cancellation.
If the User purchased a Plan using a discount coupon, he/she will have an effective discount during the period fixed in the coupon. Therefore, at the end of this period, if the User has not cancelled his/her Plan ,the same shall be renewed automatically without discount, thus, the price applicable shall be indicated in the section "Cost of the Service". In addition, the User agrees to pay the overdue fees applicable to the Service, plus all fees related thereto, and agrees to reimburse the Platform 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 the User's subscription.
6. Right of withdrawal
The User accepts the immediate provision of the Service when subscribing to any of the Plans offered by Genially. The User also accepts that he will not have the right to withdraw from the Service. If the User wishes to cancel the Service after it has been provided by Genially, he/she will have to follow the cancellation procedure as described in the section "Renewal or cancellation of the Subscription Plan".
7. Modification of the Terms and Conditions
Genially reserves the right to modify the present Terms and Conditions, in any way and at any time by informing all its Users of such modifications. Also, to continue using the Platform and the Services provided by Genially, the express acceptance by the User of the new Terms and Conditions will be necessary.
8. Data protection
9. Cookies Policy
10. Intellectual and industrial property
Intellectual and industrial property of the contents
Genially is the owner or, in its case, has the corresponding licenses, of the intellectual and industrial property of this Web Site, the Platform, 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 Platform (hereinafter, the "Contents").
In no event it will be construed that the access, navigation and use of the Platform 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. The User has the right to use the Platform for the purpose of enjoying the Service in accordance with these Terms and Conditions.
All the intellectual and industrial property rights on the Contents of the Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, communicate publicly, transform or distribute, by any means and under any form, the totality or part of the Contents included in the Platform, except for the elaboration by the Users of their own creations according to the type of plan purchased. 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 Platform, as well as technical protection devices, or any protection mechanism or information incorporated into the content offered on the Platform.
If the User becomes aware of the existence of any illicit, illegal, contrary to the laws or that could suppose an infringement of intellectual and/or industrial property rights, he/she will have to notify Genially immediately through the e-mail address firstname.lastname@example.org so that Genially can proceed to the adoption of the opportune measures.
In the same way, in the case that any User or a third party considers that any of the Contents of the Platform infringes his/her intellectual and/or industrial property rights, as well as any other rights, he/she will have to send a communication to email@example.com with the following information:
- Identifying data and means of contact of the claimant or his legal representative.
- Documentation that accredits its condition of holder of the supposedly infringed rights.
- Detailed account of the rights supposedly infringed by Genially, as well as their exact location within the Web Site or the Platform.
- Express statement by the claimant that the use of the Contents has been made without the consent of the owner of the allegedly infringed rights.
Intellectual and industrial property of the creations and reusables
Users may use the Contents of the Platform to make their own creations and develop presentations, infographics, dossiers, video presentations, as well as other audiovisual content (hereinafter, the "Creations"). Likewise, Users are allowed to share publicly these Creations with other Users so that they can reuse them (hereinafter, "Reusable"). To make their Creations Reusable, Users must first mark them as public and Reusable Creations in their Genially profile. In no event it shall be possible to publish as Reusable Creations that are configured as private Creations.
The Users are deemed for legal purposes as the author of their Creations and Reusable, since these will be considered as an original work (hereinafter, "User Author"). Consequently, the Author User has the intellectual property rights over his or her Creations and Reusable Materials, and may share them with third parties in any way he or she deems appropriate, including the commercialization of the same. Notwithstanding the above, the User Author authorizes Genially with in an irrevocable way, in any territorial scope, to diffuse and use for any legitimate purpose, including the purposes of publicity and own promotion, his/her Creations and/or Reusable, in all the extension necessary to carry out the pursued purposes, always with strict respect to his right to be considered the author of the same and to the rest of the rights of moral character that could correspond to him in such condition.
Likewise, the User Author guarantees that he/she will not make use of any material protected by intellectual or industrial property rights of third parties for the elaboration of the Creations or Reusable, without express authorization from them and ensures to hold Genially harmless from any responsibility against third parties for an infringement of intellectual or industrial property rights that could be caused by the elaboration of his/her Creations and Reusable.
In case the User Author uses any of his/her own material in the elaboration of the Creations and/or Reusables, he/she declares, warrants and accepts that such materials do not infringe any intellectual or industrial property right, trade secret or any other rights of third parties and that he will indemnify Genially from any kind of liability that may arise from a negligent action.
The User Author guarantees that Creations and/or Reusables will not contain any personal data (beyond the personal data of the author himself that he may consider appropriate to share), as well as confidential information, information affecting the privacy of third parties, material that may be contrary to the good faith, morals or public order particularities or that in any other way may be considered illegal or contrary to the conditions stipulated by Genially.
As previously stated, Users under the legal age will not be allowed to share Reusables. In case a User under the legal age posts a Reusable and this fact becomes known to Genially, Genially will remove all content and information that has been collected and will immediately remove the Reusable in question. If a User becomes aware that a minor has posted a Reusable, he/she can inform Genially by sending an e-mail to the following address firstname.lastname@example.org.
Notwithstanding the foregoing, 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.
11. Social Profile
To access the Social Profile, the User shall have completed the register process on the Platform and validate his/her account through the verification e-mail that was sent by Genially. Once within the profile the User must click on the "Activate my Social Profile". Once this process is completed, the User's Social Profile will be visible to the rest of the Users and their Reusable will be automatically transferred to said profile. However, the User may at any time mark Reusable items as private, and they will disappear from his/her Social Profile. Likewise, the User will have the option to deactivate his/her Social Profile at any time by simply marking this option in his/her profile.
Users under the legal age may not activate their Social Profile. In case a minor activates his/her Social Profile and this fact comes to Genially's knowledge, Genially will proceed to the deletion of all the contents and information included in the Social Profile and will proceed to the immediate deletion of the Social Profile. If a User becomes aware that a minor has posted a Reusable, he/she can inform Genially by sending an e-mail to email@example.com.
In case of access by a minor to the Platform, it will be deemed that such access has been made with the previous and express authorization of his/her parents, guardians or legal representatives, without prejudice that Genially reserves the right to make as many verifications as it deems appropriate and, if necessary, to suspend the access to the User who does not comply with the present stipulation.
Genially reserves the right to delete the Social Profile of the Users who do not comply with the present Terms and Conditions. In this sense and in order to contribute to the correct functioning of this community, it is recommended to the Users to report any content and/or behavior that is considered to infringe your rights (including the intellectual property rights) or the present Terms and Conditions.
12. Obligations and liability of the User
By registering on the Platform, the User commits him/herself to make a diligent, correct and lawful use of the Platform, as well as of the Services, with total compliance of the law, the morality, the public order and the commonly accepted customs.
Genially conditions the use of some of the Services to the previous registration as User on the Platform. When registering as a User, the User will have to select an ID and a password and commits him/herself to keep it and to use it with due diligence. Also, the User may identify him/herself through social networks or other means provided by the Platform.
The use of the password is personal and non-transferable, not being allowed to transfer it to third parties. Consequently, the User is the only responsible for the diligent use of his password with complete indemnity for Genially in the contrary case. In case you know or suspect the use of your password by a third party, you must inform Genially as soon as possible.
The User guarantees 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 the responsibility and obligation of the Users to keep, at any time, their personal data up to date, being the User 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.
Likewise, the User accepts that, in case he/she shares his/her Creations on the social networks, Genially can use these materials, totally public and accessible through the Internet, to promote its brand on the market. In such a case, the consent of the User in question will not be requested.
The User is expressly prohibited from:
- Making unauthorized or fraudulent use of the Platform;
- Accessing or attempting to access restricted resources of the Platform;
- Impersonating third parties or harassing other Users, as well as using the Platform and its various possibilities in an offensive, harmful, or inappropriate manner in accordance with the law, good faith, morality and public order.
- Use the Platform 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 or overload or impede the normal use or enjoyment of the Platform;
- Cause damage to the Platform 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, third parties or other Users;
- Attempt to access, use and/or manipulate Genially's data, third parties or other Users;
- Insert in the Creations any image or photograph not admitted according to the law or morality, as well as upload on the Platform 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 Platform or any other element subject to copyright or intellectual or industrial property rights;
- Elaborate Creations/Reusable that damage third party rights. In particular, Users shall refrain from introducing in their Creations and/or Reusable Materials that 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 Platform to registered Users for commercial purposes;
- Providing the email address of third parties without their express consent;
Genially reserves the right to block or restrict the access to the Users who do not comply with the provisions of these Terms and Conditions, notwithstanding the request for compensation for the damages that they may have incurred.
Genially is obliged with its Users to provide the Services in accordance with the present Terms and Conditions. Genially does not guarantee the availability and the continuity of the functioning of the Platform. Consequently, Genially will in no case be liable for any damages that may result from:
- The lack of availability or accessibility to the Website or the Platform;
- Interruption in the operation of the Platform 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 Platform by the User at the time of entering his 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 Platform, 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, completeness or updating of the information that is not self-made;
- The differences or inaccuracies that may exist in the Platform due to the lack of resolution of the screen of the mobile device or problems of the browser being used or others of this nature;
- Those technical failures that, due to fortuitous or other causes, prevent normal operation of the Service through the Internet. Lack of availability of the Platform for maintenance or other reasons, which prevents the availability of the Service.
- Other damages that may be caused by third parties through unauthorized intrusions beyond the control of the Platform.
Genially does not guarantee the absence of virus or other elements in the Platform introduced by third parties outside the Platform that can produce alterations 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 produce alterations in the physical or logical systems, electronic documents or files of the User.
Genially does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances in which the Users access the Platform. Consequently, Genially will not be in any case responsible for the damages that could result from such unauthorized access.
Genially will not be, in any case, responsible for the Creations and/or Reusables elaborated by the Users, for the User's own contents uploaded on the Platform, such as photographs, files, texts or any material subject to intellectual property rights of third parties. In the same way, Genially will not be held responsible for the damages incurred by the Creations and/or Reusables elaborated by the Users, which can produce in the own image, privacy, intimacy and/or the honor of third parties.
Genially has no actual knowledge of the content of the Creations and/or Reusable made by Users, nevertheless, the Users can bring to Genially's attention any negligent conduct or conduct contrary to these Terms and Conditions through the following address: firstname.lastname@example.org in order to have it removed as soon as possible.
By accepting the present Terms and Conditions, the users declare that they hold Genially, its parent company, directors, partners, employees, attorneys and agents harmless from any third party claims arising from the breach by the users of any provision contained in the present Terms and Conditions or of any law or regulation applicable to the same of the breach or violation of third party rights.
In any case, Genially will only be liable for those damages that the Users could suffer as a consequence of a fraudulent or negligent action by Genially in relation to the provision of the Services, as well as the use of the Contents, tools and functionalities of the Platform.
In the event that Genially, the companies of its group or any other person involved in the creation, production and distribution of this Platform should suffer any damages, losses or costs (including necessary lawyers' and attorneys' fees) as a consequence of a breach by the Users of these Terms and Conditions, they will be obliged to compensate the damages caused. The Users will hold Genially and the companies of its group harmless, who will be able to claim from Genially any expense, cost, damage or prejudice resulting from their actions, as long as this expense, cost, damage or prejudice is caused by the breach of the present Terms and Conditions by the User.
15. Use of trademarks
By virtue of these Terms and Conditions, the User authorizes Genially to quote and include its distinctive signs (including its trademark) for the sole purpose of promoting its activity (hereinafter the "Trademark Use"). The Trademark Use will allow the use of the trademark of the User by Genially only with the purpose of promoting its activity through any media, support and/or channel, included but not limited to, through the social networks, commercial presentations, professional portfolio, Website and/or Platform.
Genially ensures to maintain at all times a respectful attitude towards the activities of the User and not to make any action that could damage the image or the reputation of the User, of its brand or of third parties linked to it. Genially commits itself to follow all the instructions given by the User in writing concerning the use of its brand.
Furthermore, the User declares that Genially will not have to pay any economic consideration for the Trademark Use. However, the User is granted the possibility to limit the Trademark Use by Genially at any time, only by informing Genially of this circumstance.
16. Effectiveness of the Terms and Conditions
In case of the completion of the registration process on the Platform, these Terms and Conditions bind Genially and the User, as of the moment of their acceptance. The titles or headings of the present Terms and Conditions are only informative and will not affect the interpretation of the present Terms and Conditions.
Any clause or provision of the present Terms and Conditions which is or becomes illegal, invalid or unenforceable will be excluded from the present 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.
17. Applicable Law and Jurisdiction
Unless otherwise provided by applicable law, for any dispute or question concerning the Website or the contracting of the Service regulated in these Terms and Conditions, Spanish law shall apply, the parties expressly waiving the jurisdiction that may correspond to them and submitting the resolution of all disputes arising from or related to the use of the Website, the Platform and / or the Service to the Courts and Tribunals of the city of Madrid (Spain), except in the event that the User is a consumer and user in accordance with the General Law for the Defense of Consumers and Users and other complementary laws, in which case the Courts and Tribunals corresponding to the domicile of the same shall have jurisdiction.
Last update: 05/11/2021.