The contracting and use of the IGNITE COPILOT Platform and the rest of the software and services available therein are authorized in accordance with these Terms and Conditions and our Privacy Policy.
Last modified date: March 4, 2024
1. OUR DATA
1.1 Welcome to the IGNITE COPILOT Platform. The use of the IGNITE COPILOT platform and the software available therein is authorized in accordance with these Terms and Conditions by IGNITE COPILOT, S.L. , a Spanish company with address at Paseo Bonanova 4, 08022 – Barcelona (Spain), registered in the Mercantile Registry of Barcelona, REGISTERED in VOLUME 49157, FOLIO 58, SHEET B 609758, REGISTRATION 1 and provided with NIF B-70675764 (in forward, ” IGNITE COPILOT “, ” We “, ” Us “), with email address: info@ignitecopilot.ai
2. BINDING TERMS AND CONDITIONS OF USE
2.1 PLEASE READ THIS DOCUMENT CAREFULLY. This document constitutes a contract from which legal obligations arise for you. These Terms and Conditions of Use of the IGNITE COPILOT platform (hereinafter, the “Terms and Conditions”, the “Conditions of Use” or the “T&Cs”) have binding nature and regulate the conditions of use, access and utilization of the IGNITE COPILOT platform and the IGNITE COPILOT software available therein, which can be accessed through the following link app.ignitecopilot.ai (hereinafter, jointly, the “Platform” or the “IGNITE COPILOT Platform”) in a web browser with a computer.
2.2 Access to the IGNITE COPILOT Platform attributes the status of user to the person who uses it (hereinafter, the “Client”, “User”, “You” or “You”) and implies full and complete acceptance of these Terms and Conditions, as well as the IGNITE COPILOT Privacy Policy. Acceptance without reservation and in its entirety of these Conditions of Use is essential for the use of the Platform. You declare that you have read, understood and fully accepted these Conditions of Use. If you do not agree with these Terms and Conditions, please do not access or use the IGNITE COPILOT Platform, nor the software owned by IGNITE. COPILOT.
2.3 IGNITE COPILOT reserves the right to update these Terms and Conditions periodically if it deems appropriate or to adapt them to possible regulatory changes and provide you with a better service. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS. YES VD. BY CONTINUED TO USE THE IGNITE COPILOT PLATFORM AND/OR SOFTWARE AFTER A MODIFICATION OF THESE T&CS, YOU WILL BE DEEMED. HAS EXPRESSLY AND UNRESERVEDLY ACCEPTED SUCH MODIFICATION. In the event that you do not accept a modification of these Terms and Conditions, you will not be able to continue using the Platform or the IGNITE COPILOT software and these Terms and Conditions will be considered to have been terminated.
2.4 DV. YOU ARE NOT AUTHORIZED TO USE THE PLATFORM AND THE SOFTWARE ACCESSIBLE THROUGH IT IF (a) YOU ARE A MINOR, YOU ARE NOT OF THE LEGAL WORKING AGE AND/OR YOU DO NOT HAVE THE LEGAL CAPACITY TO HIRE OR (b) IF YOU HAVE BEEN AUTHORIZED TO USE THE PLATFORM AND THE SOFTWARE ACCESSIBLE THROUGH IT IT IS PROHIBITED BY A JUDICIAL OR ADMINISTRATIVE AUTHORITY TO ACCESS AND/OR USE THIS TYPE OF SERVICES IN YOUR JURISDICTION, IN THE PLACE WHERE YOU RESIDE OR IN THE PLACE WHERE YOU ACCESS THE PLATFORM.
2.5 THE USE OF THE PLATFORM AND THE SOFTWARE ACCESSIBLE THROUGH IT ALSO INVOLVES THE ACCEPTANCE ON YOUR PART OF ANY NOTICES, REGULATIONS OF USE AND INSTRUCTIONS THAT ARE MADE TO YOUR KNOWLEDGE BY IGNITE COPILOT AFTER THE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
2.6 THE CUSTOMER WARRANTIES THAT THE PERSON WHO PROCEEDS TO SIGN THESE TERMS AND CONDITIONS ON BEHALF OF THE CUSTOMER DOES SO AS A DUELY EMPOWERED LEGAL REPRESENTATIVE AND HAS SUFFICIENT LEGAL CAPACITY TO CONTRACT.
3. DESCRIPTION OF IGNITE COPILOT SERVICES
3.1 The IGNITE COPILOT Platform is an online platform for generating educational content with Artificial Intelligence (hereinafter, “AI”) that is used by Clients in their capacity as teachers and/or as managers or advisors of educational organizations to optimize its processes for creating teaching units by centralizing and digitizing the administrative tasks related to its teachers, as well as complying, to the extent possible, with the legal obligations in this matter (hereinafter, the “Services”).
3.2 IGNITE COPILOT IS NOT AN ADVISOR AND DOES NOT PROVIDE EDUCATIONAL OR EDITORIAL ADVICE OF ANY KIND. YOU. AS A CUSTOMER, YOU ARE RESPONSIBLE FOR ACCESSING AND USING THE PLATFORM (AS WELL AS THE IGNITE COPILOT SOFTWARE), UNDER YOUR SOLE RESPONSIBILITY. THE CONTENT THAT IGNITE COPILOT MAY PROVIDE TO YOU DOES NOT CONSTITUTE ADVICE OR CONSULTING ON THE OBLIGATIONS THAT CORRESPOND TO YOU. REVIEW OF CONTENT FOR EDUCATION, IN ACCORDANCE WITH THE APPLICABLE LEGISLATION, IN EDUCATIONAL, EDITORIAL, OR IN ANY OTHER LEGAL FIELD.
4. REGISTRATION
4.1 In order to access the Platform you must provide certain information (i) as part of the registration process; or (ii) for continued use of the Platform. You expressly accept and undertake to provide the accurate, truthful, current and complete information necessary when registering on the Platform and at any other time when necessary during the use of the same (hereinafter, the “Registration Data” ). You agree to keep your Registration Data updated.
4.2 IGNITE COPILOT reserves the right to deny access and use of the Platform and other services if it detects or has sufficient reasonable grounds to consider that the Client has provided inaccurate, false or fraudulent data.
4.3 IGNITE COPILOT offers a free trial option for its Platform. To do this, it will be necessary to provide an address and contact telephone number and accept these terms and the privacy policy of IGNITE COPILOT and then the Client will be able to customize the features of the platform they want to use.
4.4 When registering, you will be asked to provide a username, email address and password. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR (i) MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD; AND (ii) FREQUENTLY UPDATE AND CHECK YOUR PASSWORD. Accordingly, you release IGNITE COPILOT from any liability and acknowledge and agree that IGNITE COPILOT is not responsible for any problems arising out of or related to your account that result from your failure to protect or take reasonably appropriate measures to protect your name from username and/or your password. IF YOU. IF YOU KNOW OR SUSPECT THAT YOUR USERNAME AND/OR PASSWORD IS BEING USED IN AN UNAUTHORIZED or ILLEGITIMATE MANNER, YOU MUST IMMEDIATELY NOTIFY IGNITE COPILOT THROUGH THE FOLLOWING EMAIL ADDRESS: info@ignitecopilot.ai
4.5 Express acceptance of these Terms and Conditions, as well as the general privacy policy of IGNITE COPILOT, will be essential to complete the registration.
4.6 After completing the registration, the Client must check their email and confirm the activation of the account to be able to start using the IGNITE COPILOT Platform and the rest of the services they have contracted.
5. AUTHORIZATION OF USE
5.1 The IGNITE COPILOT Platform (or any IGNITE COPILOT software) is made available to you directly through IGNITE COPILOT or indirectly through distributors, partners or resellers subject to license for your use. In this sense, the Client understands that IGNITE COPILOT holds ownership or has sufficient and necessary rights to assign the use of the Platform and/or other IGNITE COPILOT software. In no case may it be understood that any right of ownership over the Platform has been granted to the Client and under no circumstances may it be assimilated to a sale.
5.2 Subject and conditioned to compliance with these Terms and Conditions, IGNITE COPILOT grants the Client, during the validity period, a non-exclusive, time-limited, non-transferable and non-assignable license to third parties and revocable to access and use the Platform for the Client’s internal professional use and never for commercial purposes or sales to third parties (the “License”).
5.3 IGNITE COPILOT hereby reserves all rights in the Platform and/or in the IGNITE COPILOT software that have not been expressly assigned to the Client under the License.
6. USE OF THE PLATFORM
6.1 The User may use the Platform as a web application, through commercial browsers in a computer environment.
6.2 The User must use the Platform only for its own purpose in good faith, in accordance with current legislation, generally accepted morality and good customs, public order and these Terms and Conditions. Likewise, the User must respect at all times the intellectual and industrial property rights owned by IGNITE COPILOT.
6.3 The use of the Platform, as well as the IGNITE COPILOT software and/or any of the content generated by the Platform, for purposes or effects that are (or may be) illicit, prohibited, harmful to rights and interests of third parties, as well as the performance of any action that damages or may damage, disable, overload or deteriorate the Platform and/or cause damage or alterations of any type not consented to by IGNITE COPILOT to the Platform, its contents, or other Users. . In particular, for illustrative and non-limiting purposes, the Client may not:
(a) Reproduce and extract data, information and/or content from the Platform or the Platform itself for data mining purposes under the terms of Royal Decree 24/2021, unless prior express written authorization has been obtained from IGNITE. COPILOT.
(b) Circumvent, disable or otherwise interfere with the security features of the Platform. The User may not interfere with, interrupt or create an undue burden on the Platform or the Services connected to the Platform.
(c) Access or attempt to access the account of any other user of the Platform.
(d) Deceive or defraud IGNITE COPILOT or other Users, especially in any attempt to learn sensitive account information or passwords of other Users, or impersonate another User or person, or use the name of another User.
(e) Make inappropriate use of our Support Services or submit false reports of abuse or misconduct.
(f) Sell, share or otherwise transfer your profile or credentials.
(g) Use any information obtained from the Platform to coerce, intimidate, threaten, abuse or harm another person, including other IGNITE COPILOT teacher Users.
(h) Upload or transmit (or attempt to upload or transmit) viruses, worms, Trojan horses or any other malware that interferes or may interfere with any User’s use and enjoyment of the Platform.
(i) Use or provide the Services in any way that modifies, impairs, interrupts, alters or interferes with the use, features, functions, operation and/or maintenance of the Platform.
(j) Infringing the Industrial and Intellectual property rights of IGNITE COPILOT, among others, rights over databases, software (source code and object code), interfaces and brands (whether registered or not).
6.4 In accordance with the above, IGNITE COPILOT reserves the right to deny access and use of the Platform and other services, including the suspension or deletion of your account, whenever the User makes use contrary to these Terms and Conditions. Ultimately, if necessary, IGNITE COPILOT also reserves the right to take legal action whenever it deems appropriate.
7. ACCESS AND SECURITY
7.1 In order to access and use the Platform, a compatible device, certain software, as well as Internet access are required, which may entail certain additional charges for you as a User depending on your payment plan, as well as obtaining updates and new versions occasionally. You expressly acknowledge and accept that IGNITE COPILOT is not responsible in any case for:
(a) The availability and/or speed of your Internet connection or the expenses that your Internet connection may entail.
(b) The availability, compatibility, performance and renewal of the licenses of the User’s software necessary to use the Platform, as well as the cost of said licenses.
7.2 Because using the Platform requires hardware, software and Internet access, your ability to use the Platform may be affected by the performance of these elements. WE STRONGLY RECOMMEND THAT YOU USE A HIGH-SPEED INTERNET CONNECTION. YOU. YOU ACKNOWLEDGE AND AGREE THAT SUCH TECHNICAL REQUIREMENTS, WHICH MAY BE MODIFIED FROM TIME TO TIME, ARE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY, RELEASING IGNITE COPILOT FROM ANY LIABILITY FOR THE INABILITY TO USE OR FOR UNSATISFACTORY USE OF THE PLATFORM ARISING OUT OF SUCH TECHNICAL REQUIREMENTS.
7.3 Please also note that if you choose to access the Platform through account authentication and verification services such as Google Sign in services, Google Ireland Ltd.’s own terms and conditions may also apply. result of application. In the same sense, if you decide to access through your Microsoft account, Microsoft’s terms and conditions may also apply.
7.4 Regardless of the authentication method used, the User must maintain the confidentiality of his/her username and password for access to his/her account and will not allow any person to use his/her username, password or any other form of authorization. The User must ensure that they close their account on the Platform upon termination of use. The User is solely responsible for all activity involving his or her account, including any misuse of his or her username and password, as well as any damage caused by such misuse. IGNITE COPILOT may rely on the provision of your username and password to identify and authenticate you as a User. IGNITE COPILOT will not be liable for any damages, costs, expenses or fees arising from the disclosure of your username, password or other information to any other person.
7.5 If the security or confidentiality of your username, password or any other form of authorization is compromised, you must immediately notify info@ignitecopilot.ai.
8. PRICE
8.1 IGNITE COPILOT offers you a Price Plan on the website https://ignitecopilot.ai/ with different rates depending on the included functionalities. If the Client wishes to obtain a customized quote, they can contact IGNITE COPILOT. The prices indicated are expressed based on the type of currency specified in the corresponding commercial proposal presented to the Client and, failing that, based on the local currency, the price does not include any applicable taxes. These prices, unless expressly indicated otherwise, do not include the costs of any other additional Services (understood as Premium services) and annexes to the purchased service.
8.2 The payment methods available are the following:
(a) Bank debit or credit card.
(b) Direct debit receipt through the SEPA service.
(c) Any other payment method that our partners offer in those available regions and that IGNITE COPILOT accepts. The partners we work with may vary and be modified over time and by region.
(d) Other payment methods that IGNITE COPILOT may accept at its own discretion.
8.3 Both the conditions and methods of payment of the price by the User will always and in all cases be in accordance with the current regulations that are applicable.
8.4 During the validity of these Terms and Conditions, IGNITE COPILOT may at any time, with prior communication to the User, change the conditions of these Terms, as well as the price. Any change in the essential contractual conditions and price must be communicated by IGNITE COPILOT to the User:
(a) In the case of monthly plans: at least 15 calendar days in advance of the date on which payment of the new price must be made.
(b) In the case of annual plans: at least 30 calendar days in advance of the date on which payment of the new price must be made.
If the User is not satisfied with the new price and informs IGNITE COPILOT prior to the date on which the new price must be paid, these Terms and Conditions will remain pending resolution until any of the terms of payment expire. advance of the previous deadlines (a) and (b) and, subsequently, the User must automatically cease using the Platform and eliminate and proceed to complete deletion of any IGNITE COPILOT software that may be in their possession.
In the event of contractual termination in which the Client had one of the annual advance payment plans, IGNITE COPILOT will not return the amounts already paid corresponding to the remaining period of time of the periodic fee paid by the Client.
Interest.- In the event that 30 calendar days have elapsed since the Client’s default without payment being made, IGNITE COPILOT will be authorized to:
(a) automatically increase the outstanding balance on any invoice due and payable but not paid based on the greater of the following criteria: (i) the applicable legal interest rate plus seven (7) points or (ii) the applied interest rate by the European Central Bank in its last refinancing operation plus ten (10) points.
(b) Without prejudice to the foregoing, in a cumulative and fully compatible manner, in the event that the Client does not pay the invoices due within a period of thirty (30) calendar days, IGNITE COPILOT may, in addition, at its sole discretion, suspend the Client’s access to the Services and the Platform and/or terminate the relationship in whole or in part, without any liability and without prejudice to its right to claim all amounts owed by the Client to IGNITE COPILOT, as applicable. Accordingly, THE USER ACKNOWLEDGES AND ACCEPTS THAT THE OBLIGATION TO PAY ON TIME THE PRICE IS A MATERIAL OBLIGATION WHOSE NON-COMPLIANCE LEGITIMATES IGNITE COPILOT TO UNILATERALLY TERMINATE THESE TERMS AND CONDITIONS.
(c) Despite the foregoing, the interest percentages mentioned in the previous points will not exceed in any case the limits of late payment interest rates for commercial operations set by the Bank of Spain or the legally permitted limits, with the applicable higher than the previous two, depending on the region or territory that is applicable to the contractual relationship.
8.5 Free trial.- The Client may choose to test the Services and the Platform for a period that in no case will exceed 15 calendar days from the activation of the Services and until whichever occurs first: (a) the end of the trial period. free trial for which you registered, or (b) the start date of the paid subscription to the Service according to the Pricing Plan (hereinafter, the “Free Demo”). At the end of the Free Demo period, the Customer may purchase additional products and Services not included in the Free Trial by selecting a Pricing Plan. CUSTOMER SHOULD NOTE THAT ANY DATA ENTER INTO THE SERVICES DURING THE FREE DEMO, AS WELL AS ANY PERSONALIZATIONS MADE DURING SUCH PERIOD, WILL BE PERMANENTLY LOST UNLESS (A) A PAID SUBSCRIPTION TO THE SERVICES IS PURCHASED, OR (B ) SUCH DATA IS EXPORTED BEFORE THE END OF THE FREE DEMO PERIOD. In any case, IGNITE COPILOT disclaims and is not responsible for the loss of any information or data as a result of failure to export before the end of the Free Demo period.
8.7 REGULARIZATION OF THE NUMBER OF ACTIVE TEACHERS “SEATS” IN LAP LATAFORMA (applicable in NON-MONTHLY billing plans): In non-monthly billing plans, when the number of active teachers “seats” changes, the price regularization will be calculated (and will be invoiced or paid) for the remaining subscription period. For example, if a seat is added with six months remaining on an annual subscription, IGNITE COPILOT will issue an invoice for 50% (6 months) of the price of an annual seat. Seat adjustments will be calculated and billed monthly. In any case, the number of seats invoiced will not be less than the number committed by the client in the contract/financial proposal.
8.8 REGULARIZATION OF THE NUMBER OF ACTIVE TEACHERS “SEATS” ON THE PLATFORM (applicable in MONTHLY billing plans): In monthly billing plans, the regularization of active teachers “seats” when they are adjusted above the amount agreed upon by the parties, is will be carried out by IGNITE COPILOT twenty-four hours (24 hours) before issuing the invoice, based on the number of active users at that moment, with IGNITE COPILOT scheduling the amount of the next invoice according to that number of active seats. If you want to adjust the seats below the agreed amount, you must contact IGNITE COPILOT to make the adjustment.
8.9 It is possible that some of the services offered by IGNITE COPILOT may be free of charge. The User understands that the free nature of a service does not exempt the application of these Terms and Conditions. Without prejudice to the foregoing, IGNITE COPILOT reserves the right that, in the future, said services may be subject to economic compensation and specific conditions. In this sense, IGNITE COPILOT will notify the User sufficiently in advance of the new features of the service. If the User does not agree with the new Conditions of use of said service, IGNITE COPILOT will consider the service immediately terminated and the User must automatically cease its use.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
9.1 IGNITE COPILOT is the full and exclusive owner and/or holder of all Industrial and Intellectual Property rights on the Services and on the Platform, as well as their updates, improvements, revisions, extensions, modifications, adaptations, rectifications, translations or new versions (updates and upgrades) that IGNITE COPILOT may make at its full discretion and on a voluntary basis.
9.2 Without prejudice to the License to use the Platform, you acknowledge and accept that, through these Terms and Conditions, no right of ownership, use, or license is granted or recognized in your favor. any kind on the trade names, brands, logos, domain names or any other distinctive sign of IGNITE COPILOT, nor on the Industrial and Intellectual Property rights of IGNITE COPILOT on the Platform and the Services.
9.3 Furthermore, IGNITE COPILOT has all necessary permits, licenses, rights and authorizations to enter into and fully perform its obligations under these Terms and Conditions, including ownership or valid licenses of all Industrial and Intellectual Property rights (including, but not limited to, others, patents, if any, trademarks, database rights, copyrights, copyrights and design rights) that are necessary for the performance of any of your obligations under these Terms and Conditions.
9.4 The User undertakes to respect and maintain the Industrial and Intellectual Property rights of the Platform and other services, as well as the documentation and complementary information that IGNITE COPILOT makes available to them in compliance with the provisions of these Terms and Conditions. In particular, the User accepts and undertakes not to delete, hide or modify any legal notice and/or reservation of property rights (including copyright notices and trademark rights notices) that are attached or included in the Services. and/or on the Platform.
9.5 Users will cooperate in good faith with IGNITE COPILOT in the protection of the Industrial and Intellectual Property rights of the Platform and the Services, or any other Industrial and Intellectual Property rights and will immediately inform IGNITE COPILOT of any infringement of said rights. rights of which the User has direct or indirect knowledge. If you know or reasonably suspect that the Industrial and Intellectual Property rights of IGNITE COPILOT are being infringed, please contact Us at the following email address: info@ignitecopilot.ai
9.6 The User acknowledges that the reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any result of unauthorized benchmark tests of any of the elements and utilities integrated within the Platform are prohibited and constitute an infringement of the Industrial and Intellectual Property rights of IGNITE COPILOT and, consequently, it undertakes not to carry out any of the aforementioned actions.
9.7 IGNITE COPILOT may request or collect, and/or the Client may provide written suggestions, opinions or comments as part of the use of the Services and the Platform by the Client and other Users (hereinafter, the “Opinions”). . The Client acknowledges and accepts that said Opinions will be considered the property of IGNITE COPILOT and that it will be the exclusive owner of all Industrial and Intellectual Property rights, known or future, that exist over the Opinions globally indefinitely, and will have the right to use the Reviews for any purpose, commercial or otherwise, without compensation to the provider of the Reviews. Additionally, IGNITE COPILOT reserves the right to include the Customer’s name and standard logo in its public customer lists, press releases and the like.
9.8 For the purposes of these Terms and Conditions:
(a) “Industrial and Intellectual Property” includes rights over inventions, patents and utility models, Intellectual Property, trademarks, trade names, logos and any other distinctive signs, currently registered or not anywhere in the world, owned by IGNITE COPILOT or legitimately used by IGNITE COPILOT, domain names, image rights, rights to commercial reputation or rights to sue for unfair competition, rights to designs (registered or not), rights to confidential information, commercial and business secrets and any other rights of industrial and/or intellectual property, registered or not, including requests and renewals and/or extensions of said rights, as well as all similar or equivalent rights or forms of protection that currently exist or that may be recognized in the future in any part of the world; and
(b) “Intellectual Property” means copyright and related rights relating to any original work or creation, in any medium, tangible or intangible, in analog or digital format, including, without limitation, (i) texts, reports, reports, manuals, presentations and any other written works (in any medium and through any technique or method); (ii) software (including source code, user manuals and other preparatory materials), computer programs and databases; and (iii) descriptions, training materials, diagrams, support material, as well as the results of the transformation, modification, update, adaptation, new versions, or changes of said works or creations.
10. DATA PROTECTION AND CONFIDENTIALITY
10.1 By accepting these Terms and Conditions, IGNITE COPILOT and you subscribe to the Privacy Policies available on the website https://ignitecopilot.ai/, which regulates the obligations regarding the protection of personal data established in art. 28 RGPD that IGNITE COPILOT has with its clients and that they comply with the legal obligations in this matter. IGNITE COPILOT takes the privacy of its Clients seriously, which is why it is committed to using the information provided by the Client in accordance with the terms contained in said Privacy Policies.
10.2 In the event that IGNITE COPILOT must provide the Client with services of a nature and characteristics different from those of the IGNITE COPILOT Platform, they may require adaptation of the relationship between both parties for privacy purposes. In this sense, IGNITE COPILOT and the Client will agree to prepare an agreement that regulates the corresponding obligations, responsibilities and rights applicable to each of the parties regarding the protection of personal data.
10.3 IGNITE COPILOT may make use of usage and analytical information, as well as some statistical and aggregate data for the improvement and further development of the Platform and the rest of the IGNITE COPILOT services. However, prior to using said data, IGNITE COPILOT carries out an anonymization procedure for said data, converting them into aggregated, anonymous and statistical data, in such a way that they do not identify and cannot make the Client identifiable.
10.4 IGNITE COPILOT and the Client undertake to keep reserved and confidential the existence and content of all documentation and information that is provided, transmitted or disclosed regardless of the method, form or support used (hereinafter, “Confidential Information”), agreeing not to make any disclosure to third parties or public communication without the prior written authorization of the other party.
10.5 By way of example but not limited to, Confidential Information will be understood as information referring to Client data, its existence, its structure, promotion and sales plans, source and object codes of computer programs, systems, techniques, Industrial and Intellectual Property, technical and non-technical data, drawings, sketches, financial data, plans relating to new products, data relating to clients or potential Clients as well as any other information used in the business field of IGNITE COPILOT.
10.6 The obligation of confidentiality will subsist even after the termination, for any reason, of the contractual relationship between the parties.
10.7 Failure to comply with the obligation of confidentiality assumed in these Terms and Conditions or the return of the Confidential Information established above, will entitle any of the parties to claim the damages that said failure would have generated according to the limits established in the following clause. eleven (11), fourth section, on the responsibility of IGNITE COPILOT.
10.8 The obligation of confidentiality will not apply in cases in which:
(a) after having been provided as Confidential Information, it became publicly accessible, without any breach of this clause having intervened in said circumstance; either
(b) is legally in the possession of the receiving party at the time it was provided by the issuing party, or was obtained by the receiving party independently and prior to having been provided by the sending party; either
(c) the receiving party demonstrates that it was lawfully obtained on an unrestricted basis from any third party who is not subject to similar confidentiality obligations with the sending party; either
(d) that must be compulsorily provided by virtue of a legal provision or by resolution validly issued by any competent administrative authority, court or jurisdictional body, legally empowered to compel such availability, provided that the receiving party so requested immediately notifies the party issuing party the receipt of such request, so that the issuing party can evaluate whether there is a possibility of circumventing it or can provide any support reasonably requested by the receiving party.
11. RESPONSIBILITIES
IGNITE COPILOT Responsibility
11.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, IGNITE COPILOT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE VALIDITY, ACCURACY, RELIABILITY OR AVAILABILITY OF THE PLATFORM OR ARTIFICIAL INTELLIGENCE GENERATED CONTENT. ALSO, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IGNITE COPILOT DOES NOT WARRANT OR WARRANT THAT THE PLATFORM OR THE CONTENT THEREON IS APPROPRIATE OR SUITABLE FOR YOUR EDUCATIONAL PURPOSE, OF SATISFACTORY QUALITY, NON-INFRINGING, FREE FROM DEFECTS, CAPABLE OF FUNCTION UNINTERRUPTED, FREE OF HARMFUL COMPONENTS OR ERRORS, FREE OF VIRUSES AND MALWARE, THAT THE USE OF THE PLATFORM BY THE USER COMPLIES WITH CURRENT REGULATIONS, PARTICULARLY IN LABOR AND/OR SOCIAL SECURITY MATTERS, OR THAT ANY INFORMATION THAT ANY USER TRANSMITS IN CONNECTION WITH THE PLATFORM WILL BE TRANSMITTED SUCCESSFULLY, ACCURATELY OR SECURITY.
11.2 IGNITE COPILOT makes the Platform and/or its Services available to you through the internet 24 hours a day. However, IGNITE COPILOT is not responsible and disclaims any liability if internet services are unavailable at any time for any reason.
11.3 Likewise, IGNITE COPILOT will not be responsible for (i) any alteration or loss (direct or indirect) of data and/or information that is not attributable to any breach on its part, (ii) business losses (including loss of profits, income , contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred, reputational damage), or (iii) failures likely to generate slowness, low quality, lack of availability of the Platform or the rest of the services , and even that prevent uninterrupted provision of the service that are beyond the control of IGNITE COPILOT or, (iv) indirect losses that were not reasonably foreseeable by IGNITE COPILOT and the User at the time the User had begun to use the Platform and services. Nor will IGNITE COPILOT be responsible for any delay or lack of compliance with its obligations derived from these Terms of Use if said delay or lack of compliance is attributable to acts of God or force majeure.
11.4 IN THE EVENT OF BREACH OF THESE TERMS AND CONDITIONS, THE MAXIMUM AGGREGATE LIABILITY OF IGNITE COPILOT, ALSO AS A RESULT OF MULTIPLE HARMFUL EVENTS, SHALL NOT EXCEED A MAXIMUM AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE CUSTOMER TO IGNITE COPILOT IN THE TWELVE (12) MONTHS PRIOR TO THE HARMFUL EVENT (OR IF LESS THAN TWELVE (12) MONTHS HAVE ELAPTED SINCE THE ENTRY INTO EFFECT OF THESE TERMS AND CONDITIONS, TWELVE (12) TIMES THE LAST MONTHLY PAYMENT MADE BY THE CUSTOMER TO IGNITE COPILOT FOR THE USE OF THE PLATFORM ). THIS AMOUNT, IN ACCORDANCE WITH ARTICLE 1,152 OF THE CIVIL CODE, REPLACES, WITH THE EXPRESS CONSENT OF THE USER, ANY OTHER COMPENSATION FOR DAMAGES. IT WILL BE THE CUSTOMER’S RESPONSIBILITY TO FORMALIZE THE APPROPRIATE INSURANCE POLICIES TO COVER DAMAGES SUFFERED WHICH MAY EXCEED THE MENTIONED MAXIMUM LIMIT OF LIABILITY.
11.5 TO THE EXTENT PERMITTED BY LAW, IGNITE COPILOT IS IN NO EVENT LIABLE TO YOU. NOR AGAINST ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, MORAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOSS OF PROFITS, WHICH PREVENT THE CONTINUITY, AVAILABILITY AND PROPER OPERATION OF THE PLATFORM AND THE REST OF THE SERVICES, EVEN WHEN IT HAS BEEN INFORMED TO IGNITE COPILOT OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE THEORY OR BASIS ON WHICH THE ALLEGED LIABILITY IS BASED, WHETHER FRAUD, FALSE OR INACCURATE INFORMATION PROVIDED, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT DEFECTS, INFRINGEMENT OR ANY OTHER CAUSE. TO THE EXTENT PERMITTED BY LAW, THIS LIMITATION AND DISCLAIMER SHALL ALSO APPLY TO CLAIMS AND/OR ACTIONS BROUGHT BY YOU. MAY MAKE AND/OR INTERPOSE AGAINST ANY THIRD PARTY, TO THE EXTENT THAT THIS COULD RESULT IN IGNITE COPILOT BEING OBLIGED TO INDEMNIFY SUCH THIRD PARTY. YOU. YOU ACKNOWLEDGE AND AGREE THAT IGNITE COPILOT’S ENTIRE LIABILITY TO YOU. FOR THE SERVICES AND/OR THE PLATFORM, AS ESTABLISHED IN THESE TERMS AND CONDITIONS, WILL IN NO EVENT EXCEED THE AMOUNT PROVIDED FOR IN THE PREVIOUS CLAUSE.
11.6 No clause and/or information, whether oral or written, will be deemed to alter this disclaimer of warranties by IGNITE COPILOT in relation to the Service and/or the Platform, or to create any type of warranty on the part of IGNITE COPILOT. .
11.7 Likewise, IGNITE COPILOT will not be liable to the Client for any harmful event unless the Client has notified IGNITE COPILOT of its claim in writing, within a period of twenty (20) calendar days from the date on which the Client had knowledge of it.
11.8 THE CUSTOMER AND USERS ASSUME ALL RESPONSIBILITIES AND RISKS RELATED TO THEIR USE OF THE SERVICES AND THE ARTIFICIAL INTELLIGENCE PLATFORM. YES VD. YOU DO NOT WISH TO ASSUME SUCH RISKS AND RESPONSIBILITIES, YOUR SOLE REMEDY AGAINST IGNITE COPILOT IS TO STOP USING THE PLATFORM AND THE SERVICES.
11.9 This provision is without prejudice to cases where liability cannot be excluded or limited due to mandatory provisions of applicable law.
Customer and User Responsibility
11.10 Likewise, the Client, as well as any User who uses the Platform, undertakes to indemnify, defend and hold harmless IGNITE COPILOT for all losses, liabilities, damages, claims (including possible legal fees, reasonable attorney and solicitor expenses). and legal costs), arising from or in relation to: (i) any breach or alleged breach of these Terms and Conditions by the Client or its Users; (ii) the violation by the Client or its Users of any Law and/or the rights of a third party that affects IGNITE COPILOT; (iii) failure by the Client or its Users to promptly and completely install any update, upgrade or patch to any software provided by IGNITE COPILOT and not authorized by the latter; and (iv) claims relating to the Client’s data and/or claims relating to any data transferred by the Client to third-party applications, and this results in damage to IGNITE COPILOT or them.
11.11 Additionally, the failure of the Client or User to comply with these Terms and Conditions, especially with respect to a violation of the Industrial and Intellectual property rights of IGNITE COPILOT or any incident related to the price or payment for the use of the Platform or other services, may entail the immediate adoption by IGNITE COPILOT of any other actions that may correspond to it, and may terminate the License or any other right granted to the Client or User, without prior notice, and without this giving the Client the right to claim compensation for damages of any kind.
11.12 The provisions of this clause shall survive the termination of the contractual relationship between the Client and IGNITE COPILOT.
12. LINKS AND RESOURCES
12.1 Where the IGNITE COPILOT website or Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. IGNITE COPILOT has no control or direction over or monitoring the content of those sites or resources, so these Terms and Conditions and our Privacy Policy apply only to your use of our Services. When you use third-party products or services, their own terms and conditions and privacy policies will govern your use of those products or services. The User must read the terms and conditions of use and privacy policies to know how they collect and process their personal data and other relevant information.
12.2 THE INCLUSION OF LINKS TO OTHER THIRD PARTY SITES AND RESOURCES DOES NOT IMPLY THAT THERE IS ANY RELATIONSHIP OR ASSOCIATION BETWEEN IGNITE COPILOT AND THE OWNER OF THE LINKED SITES, OR THE ENDORSEMENT OF SUCH SITES BY IGNITE COPILOT.
12.3 CONSEQUENTLY, IGNITE COPILOT DOES NOT ASSUME ANY TYPE OF RESPONSIBILITY, DIRECT, INDIRECT OR SUBSIDIARY FOR DAMAGES AND/OR LOSSES THAT MAY ARISE FROM ACTS OF THIRD PARTIES SUCH AS THE ACCESS, MAINTENANCE, USE, QUALITY, LICITUDE, RELIABILITY AND USEFULNESS OF THE CONTENTS, INFORMATION, COMMUNICATIONS, OPINIONS, STATEMENTS, PRODUCTS AND/OR SERVICES EXISTING OR OFFERED ON THE WEBSITES.
12.4 Likewise, if Users have effective knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify IGNITE COPILOT so that they can proceed to disable them. the access link to them.
12.5 IGNITE COPILOT reserves the right to remove from its website and the Platform at its discretion all links to third party sites at any time.
13. INTEGRATIONS
13.1 The IGNITE COPILOT Platform facilitates data exchange with third-party systems (hereinafter, “Integrations”). All such Integrations are provided under the sole responsibility of such third parties or external providers over whom IGNITE COPILOT has no power of direction or control, regardless of whether they are billed by the third party or by IGNITE COPILOT directly. The scope of the service provided by them and the instructions necessary to configure the integration may be provided on the Platform, as well as on the website of the third-party provider.
13.2 Third Party Integrations do not constitute services provided by IGNITE COPILOT nor over which IGNITE COPILOT has any power of direction or control, or direct responsibility. IGNITE COPILOT only provides technical access to these services. The scope of service, prices, privacy of third parties, the duties, obligations and commitments of such third party providers with respect to third parties, the term and any other terms of use for the provision of the Integration, including support, is based in the terms and conditions of use and privacy policies that regulate the contractual relationship between the Client and said external providers.
13.3 In particular, for those services provided by integrations that are part of regulated sectors such as those provided by IGNITE COPILOT’s collaborator, Stripe, which consist of services specific to the banking sector, the Client understands that, despite the contract with said collaborator, IGNITE COPILOT remains a third party with respect to the direct contractual relationship between the Collaborator and the Client. If the Client or any of its Users wishes to access their Terms and Conditions, they must go to their website or request it directly from them.
13.4 In this sense, and without this being understood exhaustively, any banking/payment service that involves the opening and maintenance of an electronic money account or payment account opened with Stripe, or any other opening and maintenance of bank accounts by other collaborators, the use of payment services, including payment by transfer or credit card, must be considered an exclusive contractual relationship between the Client and the third collaborator and, therefore, the specific Terms and Conditions of the third collaborator will apply. IGNITE COPILOT guarantees its collaborators and its Clients and Users that in this type of collaboration it acts in strict compliance with the regulations relating to its own activity and, if necessary, it will apply together with the third party collaborator all the technical and organizational measures and means. necessary security measures to prevent the Client or its Users from confusing the functions developed by IGNITE COPILOT.
13.5 The User must read the terms and conditions of use and privacy policies of third parties or external providers to know how their personal data and other relevant information are collected and processed.
13.6 IGNITE COPILOT HAS NO CONTROL OR RESPONSIBILITY OVER THIRD-PARTY INTEGRATIONS AND, ACCORDINGLY, DOES NOT ASSUME ANY RESPONSIBILITY OR WARRANTIES FOR ANY THIRD-PARTY INTEGRATIONS THAT CUSTOMERS CHOOSE TO HIRE.
13.7 THE EXISTENCE OF INTEGRATIONS DOES NOT IMPLY THAT THERE IS A RELATIONSHIP OR ASSOCIATION OF ANY KIND BETWEEN IGNITE COPILOT AND THE THIRD PARTY OWNER OF THE SYSTEM THAT IS INTEGRATED WITH THE PLATFORM. IGNITE COPILOT DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE INTEGRATIONS, IN PARTICULAR WITH RESPECT TO THE ACCURACY, RELIABILITY AND SECURITY OF THE INTEGRATIONS.
14. MODIFICATION
14.1 IGNITE COPILOT reserves the right to modify these Terms and Conditions to adapt them to any change or new regulations, for technical reasons, for changes in the Services offered by IGNITE COPILOT or for strategic decisions of the company. The modifications to these Terms and Conditions will be published in the same form in which they appear or through any type of communication addressed to the User.
14.2 In any case, access and use of the Platform and the Services after the modifications or changes come into force implies acceptance of the new Terms and Conditions. On the contrary, if the User does not agree with the changes in these Terms and Conditions, they must immediately stop using the Platform and the Services.
15. DURATION OF SERVICE
15.1 These Terms and Conditions have an indefinite duration from their acceptance, unless a specific contract of fixed duration has been concluded between IGNITE COPILOT and the Client.
15.2 Without prejudice to the causes of termination provided for in these Terms and Conditions, if the agreement has an indefinite duration, the Client may, at any time and without cause, request the termination of the contract, by simply communicating in writing to IGNITE COPILOT. , sending it by email to the address info@ignitecopilot.ai
15.3 If the agreement between the Client and IGNITE COPILOT for the Services has a specific duration, the Client must inform IGNITE COPILOT in writing of its intention to terminate the contract at least in advance of:
(a) 15 calendar days before the end of the monthly subscription (exclusively in monthly plans). During this notice period, the customer will be responsible for paying the entire applicable monthly billing cycle without any pro rata adjustments.
(b) 30 calendar days before the end of the fixed-term contract for the annual plan or any other non-monthly plan.
15.4 To the greatest extent permitted by law, early termination of the contract will not entitle the Client to reimbursement of the amount corresponding to the part of the price of the annuity or monthly payment not enjoyed (pro-rata).
16. CONTACT
16.1 The User can contact IGNITE COPILOT at the address indicated above or by email at the address info@ignitecopilot.ai if the device from which they connect has a correctly configured and operational email program.
17. ACCESS TO OUR TERMS AND CONDITIONS IN OTHER LANGUAGES
17.1 IGNITE COPILOT focuses its efforts on providing the best possible service to Users. Therefore, IGNITE COPILOT makes these Terms and Conditions available to you in different languages. IGNITE COPILOT does not guarantee that these Terms and Conditions are in all languages or in a specific language that the User may require.
17.2 To access our Terms and Conditions in other languages, the User must change the language settings of their browser. If our Terms of Use are not available in the language you select, the User must contact IGNITE COPILOT at info@ignitecopilot.ai.
18. ASSIGNMENT OF THESE TERMS AND CONDITIONS
18.1 IGNITE COPILOT may assign, totally or partially, its rights and obligations under these Terms and Conditions to any of its Subsidiaries, at any time and without the need for the User’s consent.
18.2 The User may only assign these Terms and Conditions to any subsidiary or company of the same business group and/or third party with the express prior written consent of IGNITE COPILOT. Likewise, the transferee in question must be previously authorized by IGNITE COPILOT. The transfer of any rights and obligations arising from these Terms and Conditions by the User without the prior authorization of IGNITE COPILOT in the terms expressed, will entitle IGNITE COPILOT, at its discretion, to terminate these Terms immediately and without prior notice. and Conditions and terminate the User’s access to the Platform without the Collaborator having the right to claim compensation for damages for this reason.
19. JURISDICTION AND APPLICABLE LEGISLATION
19.1 These Terms and Conditions will be governed and interpreted in accordance with the common law rules of Spanish legislation.
19.2 For any issues that may arise from the interpretation, compliance and execution of these Terms and Conditions, the User and IGNITE COPILOT submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, expressly waiving any other jurisdiction. that may correspond to them in law, unless the applicable non-dispositive legislation provides otherwise. Notwithstanding the foregoing, prior to filing legal actions before the Courts and Tribunals, both parties will make their best efforts for a maximum period of 15 business days to reach an amicable solution to the controversy. If after the previous period, the dispute persists, IGNITE COPILOT and/or the User will be free to assert their rights before the Courts and Tribunals under the terms agreed in this clause.
20. MISCELLANEOUS
20.1 Waiver of rights. IGNITE COPILOT’s failure at any time to enforce any provision of these Terms and Conditions, or IGNITE COPILOT’s failure at any time to enforce any provision of these Terms and Conditions shall not be construed as in no event shall constitute a present or future waiver of such provisions, nor shall it in any way affect IGNITE COPILOT’s right to subsequently enforce such provision. Failure to exercise a right by IGNITE COPILOT will not imply waiver thereof. IGNITE COPILOT’s express waiver of any provision, condition or requirement of these Terms and Conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
20.2 Money laundering. In compliance with Spanish regulations on the prevention of money laundering (L.10/2010, RD 304/2014), IGNITE COPILOT must gather documentation proving the identification of the Client, whether a natural or legal person, in the latter case identify the real owner of the company or legal structure. The Client assumes the commitment to provide the supporting documentation that IGNITE COPILOT requires for these purposes, guaranteeing the validity, accuracy, completeness and reliability of the information, data and documents made available to IGNITE COPILOT, even if it comes from third parties.
20.3 Single Agreement. These Terms and Conditions and, where applicable, their successive modifications form a single legal body, which is the only valid agreement between IGNITE COPILOT and the User. Consequently, any agreement, contract, commitment, preliminary treatment or communication, oral or written, prior to these Terms and Conditions that is not expressly contemplated therein, is null and void.
20.4 When by judicial provision, decision or binding order of any authority or of any other nature, any of the non-essential stipulations of these Terms and Conditions are declared invalid or ineffective, totally or partially, said invalidity or ineffectiveness will not extend to the rest of the stipulations provided herein, which will remain in force and will continue to be fully effective. IGNITE COPILOT and the User agree to replace any clause that becomes invalid or ineffective with another valid and effective one, trying to ensure that the effect of the latter is as similar as possible to that of the first.
20.5 The headings of each provision of these Terms and Conditions are for reference purposes only and do not affect the meaning and/or interpretation of the Terms and Conditions.
