Legal Notice of the AInara Website
TERMS OF USE AND PROVISION OF THE SERVICE BY SMILE & LEARN
SMILE & LEARN has developed the AInara tool aimed at the education sector (teachers and publishers, in a first phase) so that they can generate their own high quality content using Artificial Intelligence (AI). This tool is designed for use by users over 18 years of age.
It is important that the user of the platform reads and understands the present terms of use since the generative Artificial Intelligence has certain particular characteristics that the user must know and accept.
These terms and conditions constitute a binding contract between the parties and contain important information about the User’s legal rights, remedies and obligations.
By accessing AInara, the user will have to expressly accept the contents of these Conditions as well as the Privacy Policy and Cookies, and agree not to use them in an illegal or unlawful manner.
The minimum age for using this website is set at 18 years. In the case of minors, their parents, guardians or legal representatives will be responsible.
1.- OWNER:
Smile and Learn Digital Creations, S.L.
Address: Ronda de Sobradiel 16-B,
28043 Madrid
CIF B86731791
2.- Our service
The AInara platform is intended for the teaching environment and offers the possibility of using content (including, among others, texts, images, audios, etc.) generated by AI tools. In addition, on the platform, the user can also use digital objects (e.g. an image) that have been previously generated by AI, but that have since been reviewed in terms of rigor and security by the Smile and Learn team, or even digital objects that have been created by the Smile and Learn educational team.
In any of the 3 cases mentioned below, AInara users will always be responsible for ensuring that the contents offered are safe from an educational point of view and do not contain obvious errors.
Likewise, such contents may be used by the user according to the contracted service levels.
- Exclusive contents property of Smile & Learn verified by Smile & Learn. In this case Smile & Learn is responsible for the veracity and accuracy of the results offered and the intellectual property of the source content. These contents are part of the «Corpus» of AInara and are accessible to all users of AInara.
- AI-generated content undergoes an initial review process by Smile & Learn in terms of accuracy and security. The user will always be the final person responsible for verifying the rigor of the final content. These contents are part of the AInara Corpus and are accessible to all AInara users.
- AI-generated content not verified by Smile & Learn. Smile & Learn does not verify the results. It will be the user in any case, the only one responsible for checking the results and the use and applications of them.
The user is authorized to use the results and content generated by AInara even after the account becomes inactive. Smile & Learn does not claim authorship of any results.
The contents obtained may be used by the user for educational and/or commercial purposes—depending on the level of service contracted—being that the user is fully responsible for such use and exempting Smile & Learn from any responsibility for such contents. See the section «Intellectual Property» and «Responsibility» for more details.
2.1.- Account creation
To use our platform you need an account. You will be provided with a personal and non-transferable user.
You must keep your password secure as you will be responsible for all activities and uses associated with your account. If you suspect that someone is using your account without your authorization, please contact us.
Your user account may be created either because you have contracted directly with us or because your organization has a contract with SMILE & LEARN. In either case, user accounts are personal and non-transferable.
When creating and maintaining your account, you must provide accurate and complete information at all times, including a valid email address. You assume all responsibility for the account and for anything that happens to it, including any damages (suffered by us or anyone else) caused by someone using your account without permission. This means that you must be careful with your username and password. You may not transfer your account to another person or use another person’s account. If you belong to an organization, we may assign you a unique user.
If you share your login credentials with another person, you assume full responsibility for what happens to your account.
You may cancel your account at any time, although by doing so you may lose all the information contained in your account.
2.2.- Level of service
SMILE & LEARN offers different levels of service involving different access to content as explained below:
Service 1: Free trial
There is the possibility of enjoying a temporary limited trial access in order to allow the user to test the usability of the platform.
For all purposes, the user shall have the same rights and obligations set forth in these terms, but may not use the content generated for commercial purposes.
Service 2: Exclusively educational use
If you have purchased a license intended solely for teaching activities within a center, school or college, you may only use the content generated by the platform in that environment and free of charge (non-commercial) for its recipients. This use implies the use of the platform and the contents generated by it without limit but always subject to non-commercial educational use.
Service 3: Commercial / editorial use
If you acquire a commercial/publishing/company license you may use the contents generated by the platform for commercial purposes (e.g. publishing) being aware that SMILE & LEARN is only responsible for those contents verified by SMILE & LEARN. In all other cases, the user is responsible for the search results and must verify their content.
Due to the nature of the tool, the results displayed may not be unique; that is, on the same search—for example for a text related to a specific subject or an image—the results displayed may be similar and/or identical to those shown to other users.
2.3.- Right of exclusion
SMILE & LEARN reserves the right to deny or withdraw access to the platform without prior notice, at its own request or at the request of a third party, to those users who violate these Terms of Use.
3.- License of use and user’s rights
SMILE & LEARN provides the service through a license to use its platform (SaaS model). The user may use the platform and its contents without the use thereof conferring any rights over the platform or its contents (those specific to it) unless expressly authorized to do so (depending on the type of license) and without prejudice to the provisions of the other points of these terms of use in particular on the ownership of the contents.
The aforementioned license is granted for a specific period of time, for the entire world territory and subject to the chosen and contracted service level.
4.- Accuracy of results
AI evolves and learns very fast. But it also makes mistakes. For this reason, and although at Smile & Learn we are constantly working on improving the service, the results may not be accurate.
The user accepts and understands these points and is responsible for the use of such results and for their human review and verification.
5.- Intellectual Property
Intellectual property on the platform, its design and Smile & Learn creations.
All the contents of the platform, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Smile and Learn or of third parties, whose rights in this respect are legitimately held by Smile and Learn, and are therefore protected by national and international legislation.
It is strictly forbidden to use all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration, decompilation and/or any other action that involves an infringement of current Spanish and/or international regulations on intellectual and/or industrial property. Likewise, the total or partial reproduction of the platform, not even by hyperlink, is strictly prohibited without the express written permission of Smile and Learn.
5.2.- Intellectual property on search results and uses of Ainara
Smile & Learn does not claim for itself any of the content generated by the platform when used.
a) Results without user input. Ownership of AI-generated content without user input cannot be protected as such. Such content may coincide with that of other users in such a way that in a search for similar content, there is a probability that the content will coincide. Those who, through this platform, contribute any type of content (texts, images, audios…) of their own or of third parties, are responsible for them.
b) Results with user input. If the user provides his/her own content (images, sound, text, voice), the results will be his/her property as long as the requirements established in the regulations on intellectual property are met, especially for the purpose of protecting said results.
Such information will not be used by SMILE & LEARN or the platform for learning purposes, nor will it be shared with users external to the account/user.
As stated above, SMILE & LEARN does not claim the results of searches performed for itself, but the user should note the following:
5.3.- Intellectual property of libraries and artificial intelligence models:
Depending on our service levels, results may come from libraries powered solely and exclusively by SMILE & LEARN generated and original content or by other content and artificial intelligence models obtained from third party sites.
Such original SMILE & LEARN resources cannot be used «as is» but may be used as a source of content for AI use (a Smile & Learn proprietary image or photograph can only be used if AInara is applied to that image).
SMILE & LEARN does not claim any rights over the search results coming from third party artificial intelligence tools and models, being the user fully responsible for their verification and use under the intellectual property laws applicable according to the territory.
Smile & Learn allows the use of the results not only while using the platform but also afterwards and without limit (within the contracted service level).
6.- Warranties
SMILE & LEARN guarantees a quality service tailored to the needs of the teaching community.
It guarantees the operation of the platform, although it is not responsible for failures in the users’ systems, misuse of the platform, unverified content or other technical issues.
SMILE & LEARN guarantees the subsequent use of the results. Any modification of Ainara’s own conditions or of the tools used by Ainara will affect the new contents but not the previous ones.
7.- Suspension of the service
SMILE & LEARN reserves the right to suspend, limit or even delete the account of a user who engages in activities contrary to the terms of use, the law and social and commercial uses on educational content.
We reserve the right to immediately expel you from the service without refund or restrict your access to the site if you are caught violating this policy.
Failure to pay the corresponding license fee will also result in the suspension of the service under the conditions set forth in the corresponding license agreement. The user will be able to access the projects but in no case will be able to generate new content until his situation is regularized.
8.- Liability for use
8.1.- Liability of SMILE & LEARN
SMILE & LEARN is not responsible:
- From search results not expressly verified. AInara is a professional platform for teaching support and does not replace or constitute in itself a source of teaching content. Therefore SMILE & LEARN is not responsible for the teaching provided with the contents generated by Ainara, which will be the sole responsibility of the user.
- Rigor of the contents. SMILE & LEARN performs a verification of some contents which is not infallible and therefore, in such cases, the results may contain errors.
- Of the errors that the generative AI presents: it is a non-infallible tool that may present errors or erroneous content in certain cases. SMILE & LEARN performs a content verification task that will have more guarantees of reliability than the rest of the results.
- The user’s own use
- Internet connection, communication failures or other technical issues beyond SMILE & LEARN’s control.
- Compliance by the user and/or the organization to which he/she belongs, of the applicable regulations on education, minors or any other applicable legislation in the educational and/or publishing field in the territory in which he/she uses the contents generated by AInara.
- The permissions, if necessary, of the parents and/or guardians of the students to whom the content generated by IA is addressed.
8.2.- User’s responsibility
The user shall be fully responsible for the proper use of the platform and the use and destination of the content generated both in terms of scope of use (educational, editorial) and in the dissemination to third parties, publication, distribution and communication as well as compliance with applicable legislation in its territory. For these purposes and under the levels of service the user is aware that:
- The verified contents have been checked by people and confirmed their suitability.
- Unverified content must be evaluated by the user themselves in terms of its use, destination, audience and medium.
- AInara is an educational content platform, which implies that any use not contemplated is prohibited or is carried out under the full responsibility of the user, exempting SMILE & LEARN from any liability in this regard.
9.- Prohibitions
The User is strictly prohibited:
- Use Ainara in a manner contrary to the law, public order and good customs, which includes any violation of third party rights, any illicit use or any use that may harm third parties, in particular minors.
- Violating or attempting to violate Ainara’s security
- Perform web scrapping.
- Use bots or other automated means to access and use the platform.
- Modify, reverse engineer the platform.
- Violate rights of third parties through searches using personal data or other confidential or proprietary information.
- Attempt or perform any action that violates AInara’s intellectual property or know-how.
- Assign your credentials or allow third parties access to the platform without having a special license or prior written permission from SMILE & LEARN.
- Use the software in a way that prevents or may prevent its normal operation.
- Disclose or publish the software, or make it available to third parties in any way.
10.- Protection of personal data
SMILE & LEARN performs, as the Data Controller, the processing of user data for the purpose of managing access to and use of the platform. Such processing is carried out in accordance with the provisions of the EU Regulation 2016/679 General Data Protection Regulation (GDPR) and the Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD).
Our privacy policy forms part of these terms and conditions and can be accessed HERE.
11.- Modification of conditions
SMILE & LEARN may modify and update these terms of use. We recommend reading them periodically.
Any substantial modification of the same will be communicated to the users.
The modification of conditions, if it affects the contents, will affect the new results and not the previous ones generated prior to such modification.
12.- Conflict resolution
These Terms and Conditions, as well as the Privacy and Cookie Policies, shall be interpreted and governed in accordance with Spanish law.
In the case of users who have consumer status or users under Spanish law and who reside in the European Union, if they have any incident with an online purchase made from SMILE & LEARN and wish to reach an out-of-court settlement, may resort to the Online Dispute Resolution Platform, created by the European Union and developed by the European Commission under Regulation (EU) 524/2013.
Updated February 2025.
