Effective Date: October 1, 2024
Please read these Terms of Service ("Terms") carefully before using Smart Sundae. These Terms govern your access to and use of the Service. Thank you for your interest in using the online services operated by Sundae Education Technologies, SL. (hereafter called "We", "Us" or "Our").
These Terms govern your use of online and/or mobile services, websites, and software provided on or in connection with Smart Sundae (collectively, the "Service"), which are offered through (i) https://www.smartsundae.com/, (ii) mobile applications associated with https://www.smartsundae.com/, and (iii) any other of Our websites, apps, or online services which link to these Terms.
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access or otherwise use the Service ("you" or "Users"). If you open an account for the Services on behalf of a school, company, organization, or other entity, then "you" includes you and that entity.
Eligibility: We do not offer the Service to children. If you are under sixteen (16) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your school. Your school may impose additional policies regarding the use of the Service, with which you must comply. If you are between sixteen (16) and eighteen (18), you may use the Service under the supervision of an adult or guardian.
User Accounts: In order to use certain features of the Service, you may need to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to provide accurate and complete information when creating an account and to update your information promptly if any changes occur. You are solely responsible for all activities that occur under your account.
Acceptable Use: You agree to use the Service only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You will not engage in any activity that interferes with or disrupts the Service or its associated networks.
Ownership: The Service, including all content, features, and functionality, is owned by Us and protected by intellectual property laws. You acknowledge and agree that We retain all rights, title, and interest in and to the Service and its content.
Limited License: Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes. You may not reproduce, distribute, modify, or create derivative works of the Service without Our prior written consent.
Feedback: If you choose to provide feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, copy, modify, distribute, display, and perform the Feedback for any purpose without any obligation or compensation to you.
User Materials: By uploading or submitting any materials (including but not limited to student assignments, reference materials, and related content) to the Service, you grant Us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and process these materials solely for the purpose of grading student work, ensuring the quality of the grading process, and monitoring the Service for compliance and improvement purposes. We will not use your uploaded materials for any other purposes without your explicit consent, and these materials will remain the intellectual property of their original owner. We will handle any personal data included in these materials in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).
Privacy Policy: Your use of the Service is also subject to our Privacy Policy. By using the Service, you acknowledge and agree to the collection, processing, and disclosure of your personal data in accordance with the Privacy Policy, which complies with the General Data Protection Regulation (GDPR). You have the right to request access, correction, deletion, or restriction of the use of your personal data, as well as the right to data portability.
We will process personal data only for specified and legitimate purposes and will retain data only for as long as necessary. For users in the European Union, data will be stored and processed in compliance with EU data protection standards, and you may contact Us for any questions or requests regarding your data privacy rights at contato@getsundae.ai.
Disclaimer: The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Service, including its accuracy, reliability, or availability. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law, including the laws of the European Union.
Limitation of Liability: To the extent permitted by law, We are not liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Service. In no event will Our liability exceed the amount paid by you for the use of the Service in the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded or limited by law.
You agree to indemnify, defend, and hold harmless Us and Our affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Service or your violation of these Terms, to the extent permitted by law.
These Terms are governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Barcelona, Spain.