Terms and conditions

Adaptative Learning, S.L.

B-66458076

Trade Register of Barcelona in Volume 44647, Folio 192, Sheet B-462.293

With registered offices at C/ Llacuna 162 Box 207

08018 Barcelona (Spain)

info@snackson.com

+34 934 616 015

 

The present Terms and Conditions of Use expressly regulate the relations arising between Adaptative Learning, S.L. (hereinafter “Adaptative“) and Users (hereinafter referred to as “the User” or “Users“) that download and use Snackson App (hereinafter the “App” or “Snackson“). The relation that is established between the User and Adaptative is understood as part of a service commissioned by the organization of which the User is part of (hereinafter, the “Organization“) in the way that will be described further on. When installing Snackson, the User accepts these Terms and Conditions of Use:

1. Object

Snackson is a mobile application, property of Adaptative, that offers a service based on the distribution of small contents or microcontents organized in temporary challenges that seek the User’s acquirement of knowledge. Users receive contents and are awarded with points for watching them or for answering correctly to the questions that the challenge offers. Adaptative reserves the right to implement new functionalities or services to Users, for free or for a fee. At all events, Users will be previously notified when implementing the new functionalities or services. Snackson can be used in devices with Android, iOS and Windows Phone systems, as well as its regular updates and any other operating system that allows the use of this app.

2. License Agreement

Adaptative offers a revocable, royalty-free, non-exclusive and of an international character license to use Snackson App within the limits established by the present Terms and Conditions. The download of Snackson is free of charge for Users, for their own personal and non-commercial use. Adaptative reserves the right to modify or eliminate Snackson at any moment and for any reason.

3. Access and Registration

In order to be user of Snackson is indispensable that the following requirements are met:

  • Be of legal age
  • Be part of an organization, company, government or other legal entity involved in a valid commercial relationship with Snackson

Users are committed to check and maintain updated all their identity and legitimacy data that they provide to Adaptative during registration to Snackson in such manner that they remain true, accurate and complete. In the event that Adaptative considerates that there are clear grounds to doubt about the veracity, completeness and accuracy of the information given, Adaptative will deny access and use, present or future of Snackson or of any of its contents and/or services. The first time Users access Snackson, they will establish an access key (password). Passwords are strictly confidential, personal and non-transferable. Users will not share the data related to their accounts nor make them accessible to third parties. Users bear the sole and entire responsibility in case these data is used by third parties, including the expressions made in Snackson or any other action carried out by means of the use of the username and/or password. Users commit to use all the necessary measures for the protection of their password. In particular, users undertake to:

  1. establish a secure password, a combination of upper and lowercase letters, numbers and symbols;
  2. not to disclose their password to any other person;
  3. modify their password on a regularly basis;
  4. not to leave their user account active in mobile devices that are not of their own property and protect the access to their own device by means of verification measures.

Adaptative cannot guarantee the identity of registered Users and therefore, will not be responsible of the use of the identity of a User registered by third parties or unregistered individuals. Users are obliged to immediately bring to the notice of Adaptative the removal, divulgation or loss of their username or password, reporting it to info@snackson.com

4. Profile

Upon completion of registration, the User can enter to their profile and complete it and/or edit it as they deem appropriate. They will be able to edit data as their phone numbers or to restore their passwords. Additionally, they will be able to complete data as their name and surname, as well as to set an image as their Avatar.

This clause does not apply in B2B models (clients register users). Users who have been registered by an organization cannot (unless the app explicitly allows it) modify their profile data.

 

5. Operation of the Application

Users have to download the app and choose the default navigation language (currently available in Spanish, English and Catalan). Once they are registered in the app, Users will have access to challenges and will be able to participate in the learning dynamics proposed. Users can participate in diverse challenges at the same time. Users will receive notifications through the app each time they receive a new microcontent (learning objects). These objects can be informative (text, image, video…) or evaluative (questions). A challenge can be organized individually or by groups. When Users watch a content or answer correctly to a question may win points that will be added to their personal scoreboard and reflected on the ranking of the challenge. The app has a notifications system that informs Users if they have new content available or if they win an award or a badge. Badges are distinctive emblems given by Snackson according to a series of criteria for the obtaining of points that users reach. The awards will be defined and given in the sole discretion of the Organization, not constituting any kind of responsibility for Snackson regarding the allocation criteria, delivery to Users or the fulfillment of fiscal obligations that may derive. At the same time, the app monitors the contents that have been visualized and marked as favorites.

6. Responsibilities of the User

The User is completely responsible of the access and correct use of Snackson, subject to the current legislation, whether national or international, as well as to the principles of good faith, ethics, good practices and public security. The User is responsible of being equipped with the necessary services and devices for internet browsing and acceding Snackson. Users shall refrain from using Snackson‘s services and contents for illicit purposes or effects, causing damage to the rights and interest of third parties, or of that in any other way could cause damage, make useless, affect or deteriorate Snackson, its contents and services. Likewise, it is prohibited to impede the normal utilization or enjoyment of Snackson to other Users. The User undertakes to keep an adequate and respectful behavior in front of other Users. Thus, in an including but not limited way, commit to not to behave violently, disrespectfully, racist, discriminatory, harassing, intimidatory, unsanitary, etc responding on a personal level in front of any damage or loss that Users might cause in other Users as a consequence of inadequate behavior. Users agree, including but not limited, to:

  1. not to use Snackson for illegal or unauthorized purposes;
  2. nor to host, store, disclose, publish, distribute or share any content as it would mean an illegal interference or the a failure to respect of the fundamental rights to the protection of honor, image, personal or familiar privacy of third parties and, especially, of minors;
  3. nor publish in those spaces specially authorized and belonging to Snackson, whether it is part of a profile owned by oneself or by another User, any comment or information that is unlawful, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or otherwise contrary to morality or public order;
  4. nor alter or modify Snackson, whether in whole or in part, by avoiding, deactivating or manipulating in any other way the functions or services of it;
  5. nor transgress industrial and intellectual property rights or the rules governing the protection of personal data;
  6. nor use Snackson to insult, defame, intimidate, violate someone’s image or harass other Users;
  7. nor access other Users’ email accounts;
  8. or insert computer viruses, defective files or any other computer program that can provoke damage or alterations in the contents or systems of Snackson or of third parties;
  9. nor send emails massively and/or repetitively to a plurality of people, or send the email accounts of third parties;
  10. nor perform advertising activities of goods or services without previous consent on the part of Snackson.

7. Responsibilities of Snackson

Users declare that they accept and understand that the services are offered “just like that”, “as they are available” and “subject to availability”. In this sense, Adaptative does not guarantee or assume any responsibility for:

  1. Snackson services’ punctuality, interruption, security or free of error character;
  2. exactitude, reliability or security of the contents offered through Snackson;
  3. the correction of possible errors present in Snackson‘s software;
  4. the production of damage in any computer system, the security and durability of its data or any other damage that may be caused by accessing or using Snackson or any other content hosted in the app;
  5. the limitation or not of the storing space according to the type of demand;
  6. the appropriateness of the time Users receive (or not) or emit (or not) transmissions, announcements, contents or any type of information.

In case any unusual interruption occurs in Snackson or if Adaptative needs to stop the service for maintenance, Snackson has no obligation to compensate the User in any way, as these are caused by external factors of an exceptional character that Adaptative cannot control.

8. Intellectual Property

Snackson can host contents owned by Adaptative as well as other contents owned by the Organization or third parties. It is the User’s sole responsibility to consult the allowed uses of each content. Adaptative cannot be considered in any case as responsible for the unauthorized use of contents. Adaptative is therefore the title holder of all the intellectual and industrial property rights over all the contents accessible through Snackson. The intellectual and industrial property rights of Snackson, as well as: texts, images, graphic design, navigation structure, information and contents that are gathered in it, if not otherwise indicated, are property of Adaptative, which has the exclusive rights to use them, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish intellectual and industrial property law. Access to Snackson does not imply the renunciation, transmission, or total or partial license of the intellectual or industrial property rights on the part of Adaptative. Likewise, Adaptative is not obliged to supervise or monitor the content that Users publish through Snackson, not even could be considered as responsible while it does not have effective knowledge that the activity or information stored is illicit or that injures goods or rights of third parties.

9. Notifications

As part of the services, Users can receive push notifications in their mobile devices with a varying frequency, as determined by the Organization. In case Users do not want to receive them, it will be their own responsibility to deactivate this function from the settings or preferences menu present in their terminal. In the same way, Users declare that they are aware that the Organization can use their email account to provide them with information concerning Snackson and the dynamics of the service. Additionally, Adaptative may send to their emails the instructions regarding the process of recovery or modification of the password.

10. Unregistering the Service

The Organization can unregister the account of a User when it considers it appropriate according to the specific conditions that have been established between the User and the Organization. In the same way, in case the User stops agreeing the present Terms and Conditions or wishes not to continue being a User of Snackson, he/she will have to uninstall the app and formally ask the Organization for the unregistration of his/her account. Adaptative can deactivate temporarily or eliminate permanently, without prior notice and immediately, a User account when:

  1. the present Terms and Conditions are violated;
  2. the User poses a threat for Snackson’s integrity or for any of its Users.

11. Privacy Policy and Data Protection Policy

Under current legislation regarding the Protection of Personal Data, Adaptative informs Snackson Users about the Privacy Policy and Data Protection Policy that will be applied in the treatment of the personal data Users facilitate through access to Snackson. Users, when providing Adaptative with their personal data through any section of Snackson, allows it to process those data into terms of this Privacy Policy and Data Protection clause. Adaptative manifests its commitment to comply with the legislation in data protection applicable at any given time, more especially with the Organic Law 15/1999 of December 13th, on personal data protection; Royal Decree 1720/2007 of 21st December which approves the regulations for the development of the Organic Law 15/1999; and other applicable legislation. In accordance with article 5 of the Law 15/1999 of 13th December, on personal data protection, is hereby informed that Adaptative Learning S.L. is reponsible for the files with registered office in C/ Llacuna 162 Box 207,  ZIP Code 08018 Barcelona (Spain). The Users are entitled to exercise their rights of access, rectification, cancellation and opposition to these data by sending a written and signed request to this effect giving their name, surname, a photocopy of their ID card, the action that is requested and their residence address to send confirmation of the confirmation of the action according to their request. Adaptative has taken the measures necessary to maintain the required security level, according to the nature of the personal data being processed and the circumstances of the process, with the purpose of preventing, as far as possible and always depending on the state of the technique, its alteration, lost, processing or not authorized access. The personal data supplied shall not be transferred to third parties without the owner’s consent.

12. Applicable Law and Jurisdiction

The compliance and interpretation of the present Conditions of Use shall be carried out in accordance with Spanish regulations. If there is a conflict related to these terms and conditions of use, both parties are subject, and expressly forego any other regional code of laws, to the Barcelona Law Courts.

 

 

Last updated: 1st September 2015