Terms and Conditions

Last updated: June 12, 2024

• Introduction

This document includes the terms of use ("Terms of Use") of the platform https://learn.founderz.com/ ("Platform") and the website https://founderz.com/ ("Website") owned by Founderz Emprendimiento, S.L. ("Founderz" or "We") with main offices in Castellana 79, 28046 Madrid, Spain, with Tax ID number B06944375, registered in the Commercial Registry of Barcelona, volume 47908, folio 19, sheet B 566041 and contact at hola@founderz.com.

These Terms of Use are intended to regulate the access, navigation, and contracting of the various Online Programs offered by Founderz ("Program/s") by users who have registered on the Platform ("Users") and those who visit the Website ("Visitors"). Hereafter, both the Website and the Platform will be jointly identified as the Platform.

By registering or browsing the Platform and/or enrolling in the Program(s), the User or Visitor accepts these Terms of Use and the Privacy Policy. If this is not the case, the User or Visitor must cease using the Platform immediately.

• Description of Services

• Programs

Founderz, through enrollment in the Program(s), provides Users with an educational Platform that offers access to the selected Program consisting of different learning modules ("Modules"). The Programs in question are offered in a microlearning format and online mode through pre-recorded lectures ("Lectures") on the specific topic of the respective Program, as well as access to a virtual campus ("Virtual Campus") with a variety of additional content from the chosen Program including online community interactions (collectively referred to as the "Services").

Founderz is a private entity and its Programs can in no case be considered university or accredited education. Furthermore, Founderz is not affiliated with any public or private university entity.

• Virtual Campus

Upon enrolling in a Program, the User will have access to Founderz's Virtual Campus, through which they can access the virtual rooms of the Programs ("Virtual Room(s)") in which they have enrolled. Within these Virtual Rooms, the User can contact other Users enrolled in the same Program, as well as access an interactive space where they can talk with Users currently in the Program's Virtual Room. These Virtual Rooms are a tool available to the User to enhance their learning experience in the Program, allowing them to share their doubts, knowledge, curiosities, etc. with their fellow students, ensuring greater collective learning among Users.

For more information on the processing of User's personal data in the Virtual Rooms, please consult our Privacy Policy.

• Module Activities

Depending on the Program in which the User has enrolled, at the end of each Module, the User must complete an activity based on recording a video that includes the User's screen, voice, and/or image. This activity will be shared with the instructors for evaluation, although it may also be shared with other Program participants.

The Module activities are essential for the User's proper learning, as well as for successfully completing each of the Program's Modules. Additionally, to provide the User with a better learning experience, these activities will be shared with all Users enrolled in the Program with the aim of sharing and receiving opinions, comments, or improvements on the activities that enhance the knowledge acquired by the User in the Program.

Although, to ensure greater learning for Users, we recommend that the activities recorded by the Users themselves be shared with other Program participants. While Founderz safeguards Users' privacy, and provides the User with the option not to share these activities with other Users, which can be enabled from the "More settings" panel in the "Privacy" section.

For more information on the processing of User's personal data in the context of Module activities, the User should consult our Privacy Policy.

• Live Sessions

As part of the Program, the User can attend live online training sessions ("Live Sessions"). These Live Sessions will be recorded by Founderz and, subsequently, will only be shared with Users enrolled in that same Program of that cohort.

For more information on the processing of User's personal data in Live Sessions, please consult our Privacy Policy.

• Educational assistance through "Z"

Founderz provides Users with an artificial intelligence-based tool ("Z") that offers Users support for learning the Program, allowing the User to request information, help, or additional content from Z related to the Program to facilitate their educational experience.

For more information on the processing of User's personal data by the tools provided by Founderz used for this purpose, please consult our Privacy Policy.

• How to sign up?
  

• User Registration

To enroll in the Program, the User must register on the Platform, after which they will have access to all the content of Lectures and the online community for a period that is, in principle, unlimited ("Lifetime").

The period defined as Lifetime may be reduced in case of (i) dissolution (ii) entry into a liquidation process (iii) sale (partial or total) of the company Founderz Emprendimiento, S.L., or (iv) when Founderz considers it at its sole discretion. The reduction of the aforementioned period will in no case generate financial compensation in favor of the User. In any case, Founderz will provide the User with access to the content of the respective Program for a maximum period of 12 months from enrollment in the Program.

In the event that this period ends and the User has not completed the Program, the User will lose the opportunity to receive the Program completion certification granted by Founderz, without prejudice to the access to Lecture content and online community that the User may have during the Lifetime period subject to the previously indicated conditions.

Once the User enrolls in the Program, they must complete the required banking details to proceed with the payment of the Services, as provided in the "Payment Method" section, and must register their User by providing their name and surname, email address, and password.

Founderz reserves the right to modify the content accessible on the Website and Platform (remove or add Lectures), without thereby reducing, in general, the service provision. In case of a substantial reduction in the training content, Founderz will proceed to refund a proportional part of the Price (see below).

• Price

• Payment Method

The transmission of personal or banking data is carried out using a secure environment, a server based on SSL (Secure Sockets Layer) standard security technology. All information transmitted by the User travels encrypted through the network.

Likewise, the data entered by the User about their credit or debit card are entered directly into Stripe Inc. (payment gateway) and, therefore, are not entered or registered on any Founderz server, and will be processed according to Stripe's legal conditions.

When paying by credit or debit card, you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your card, thus offering more guarantees about the security of the transaction. This form of payment is valid only on the website. Once the requested banking data has been entered on the Stripe platform, payment for the contracted services will be processed as a single payment.

Founderz offers the User the option of deferred payment for the Program through the provider Aplázame (a brand of Wizink Bank S.A.U). If the User decides to contract the deferred payment offered by Aplázame by clicking on the corresponding box, the particular conditions of the service provided by Aplázame will apply. For more information about Aplázame's deferred payment conditions, visit www.aplazame.com.

Additionally, when contracting Services from outside Spain, Founderz offers the User the option to make the payment for the Services in installments. When the User decides to contract the Services through this payment system, the User commits to pay all the installments and, consequently, the total price of the Services. In the event that the User does not make any of the payments, Founderz will take all necessary measures (individually or through third parties) to ensure the full payment of the Services by the User, including any legal action that Founderz may take against the User.

When the amount of a purchase has been fraudulently or improperly charged using a payment card number, its holder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and re-credit entries in the accounts of the provider and the holder will be made as soon as possible.

• User Obligations

The User agrees to make appropriate and legal use of the contents and Platform and, by way of example but not limitation, not to use them to (i) engage in illegal activities or activities contrary to good faith and public order; (ii) cause damage to the physical and logical systems of Founderz or other Users; (iii) attempt to access and, where appropriate, use the email accounts of other Users and modify or data registration, (iv) resell Founderz Services unless there is express authorization from Founderz for such purpose. Likewise, the User's account is personal and cannot be shared or transferred to third parties.

The User accepts that Founderz grants them a non-exclusive right to access the Services and therefore their account is personal and non-transferable.

Specifically, the User assumes the following obligations:

• Make advance payment of the amount of Founderz Services effectively in the amount and form indicated in sections 2.b. and 2.c.
• Ensure the truthfulness and accuracy of the data provided when filling out the forms required to contract the Services, thus avoiding any damage to Founderz as a result of their inaccuracy.
• Be of legal age, an essential requirement to be able to enroll in the Program.
• Comply with the Acceptable Use Policy that Founderz will make available at the time of enrollment in a Program.
• Make good use of their User profile and access password to the Platform, committing to use them diligently, as well as to keep them properly so that they are not available to third parties, communicating in any case to Founderz their loss, theft or possible access by an unauthorized third party, so that Founderz can proceed with immediate blocking.

Any use of the Platform by the User that is contrary to the law or these obligations will result in the blocking of their account, without prejudice to possible legal actions that Founderz may take against the User.

• Restrictions on Use of the Program and Platform

The User may only access the Program and/or the Platform from the Country where the User has contracted Founderz Services and under the conditions offered by Founderz in that Country.

In the event that the User accesses the Program and/or the Platform from a territory other than the Country from where Founderz Services were contracted, Founderz may terminate the User's account, as well as implement any additional measures to prevent future access or use of the Program and/or the Platform by the User.

• Personal Data

In the context of providing the Services, Founderz may process the User's personal data. For more information about the processing of the User's personal data during their activity on the Platform, please consult our Privacy Policy.

• Right of Withdrawal

You acknowledge and agree that, once you have accessed the Program, Founderz is not obligated to offer you a right of withdrawal, by virtue of the provisions of the applicable consumer regulations since the exception contemplated in article 103 section m) of the revised text of the General Law for the Defense of Consumers and Users ("TRLGDCU") applies, since, once you pay the corresponding price and access the digital contents of the Program that we offer, the Services will be considered executed and, therefore, you will lose the right of withdrawal.

• End of the Relationship

If the User, at any time, ceases to agree with these Terms of Use or with any changes that occur in them, they must immediately cease using the Platform.

If the User wishes to deactivate their account on the Platform, they must send an email to hola@founderz.com indicating their desire to deactivate the User account. Once the User's account is deactivated, the User will not be able to access their account. For information on the retention of User data, the User should consult our Privacy Policy.

• Exclusion of Warranties and Liability

Founderz guarantees that the Program will be of professional quality with content appropriate for its expressed purposes, and that Founderz will make it available to Users diligently and professionally and will verify that the contents are of quality. However, it does not guarantee that they are free from errors or, after a certain time from their publication, outdated.

To the extent permitted by applicable law, Founderz is not responsible, in any case, for damages of any nature that may be caused, by way of example and not limitation: due to lack of availability of the portal; for any incident or technical failure and any loss of data that may result from them, as well as for any situation considered as fortuitous or force majeure, despite having adopted all necessary technological measures to avoid it.

In no case will Founderz assume any responsibility for the Program or for any other content published by third parties or coming from any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity and constitutionality of any material or information contained in any of the contents of the Program, virtual community, hyperlinks or other Internet sites.

Founderz reserves the right to update, modify or delete the information contained in its Platform and/or Website, as well as its configuration or presentation, at any time without assuming any responsibility for it.

In no case will the Program be considered as professional advice from the intervening teachers. Any professional relationship between teacher and User must be formalized outside the Platform, without the intermediation of Founderz, and by private contract between those parties. Founderz assumes no responsibility regarding that professional relationship and its effects, nor for having made the parties aware of it.

The certificate of completion of the Program that Founderz makes available to Users once they successfully complete the Program is a proprietary certificate, issued by Founderz and is not recognized by any public or private institution beyond Founderz.

• Intellectual and Industrial Property Rights

Founderz, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Platform, as well as the elements contained therein (including but not limited to, trademarks, images, sound, audio, video, or texts; logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.).

By virtue of the provisions of national, European and international regulations on intellectual property, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of the Platform and specifically the content prepared by Founderz, for commercial purposes, in any medium and by any technical means, without the prior written authorization of Founderz are expressly prohibited. Therefore, the contents hosted on the Platform may in no case be downloaded, reproduced or used totally or partially in a place other than the Platform, unless expressly enabled by Founderz, so Founderz may exercise all judicial and extrajudicial actions it deems pertinent in the face of any breach of its rights.

The User expressly agrees not to do or allow any action of recording, downloading or "scraping" of the content of the Website and/or Platform, but will limit themselves to viewing said content on the Site itself.

It is possible that, in the course of the Program, the User, when submitting the proposed activities, must upload recordings of themselves, screen recordings or other types of recordings that may be convenient ("User Content"). Therefore, the User accepts and authorizes Founderz to share said User Content with the rest of the Program participants and, likewise, authorizes Founderz to reproduce, distribute, transmit, the User Content for said purpose.

In this way, the User expressly authorizes Founderz, on a non-exclusive, free basis, for the entire world and without time limitation, to use said User Content including any photograph, image, text and/or video that is part of them, as well as the intellectual property rights, industrial and/or own image related to the User. The User expressly declares and guarantees that the User Content does not violate third party rights and has the necessary authorizations if applicable.

• Third-party Links

Founderz is not responsible for content uploaded by third parties or third-party websites that can be accessed from the Website; nor for the accuracy, truthfulness and validity of information that is not of its own creation, and whose content belongs to third parties unrelated to Founderz.

However, by virtue of article 17 of Law 34/2002, of July 11, on services of the information society and electronic commerce, when Founderz becomes aware of the illegality of said content or links, it will proceed to remove them, as well as block content that may be illegal or violate third party rights, under articles 11 and 16 of said Law.

• Jurisdiction and Extrajudicial Conflict Resolution

Founderz reserves the right to present any civil and/or criminal actions it deems appropriate for the improper use of its Website and/or Platform and contents or for the breach of these conditions.

Without prejudice to the option available to the parties to voluntarily submit to the Online Dispute Resolution system mentioned in the following section, the relationship between the User and Founderz will be governed by current regulations applicable in Spanish territory. Should any controversy arise, the parties may submit their conflicts to arbitration or go to ordinary jurisdiction complying with the rules on jurisdiction and competence in this regard, with submission to the forum of the consumer's domicile.

Notwithstanding the above, in accordance with Regulation (EU) 524/2013, the European Commission provides a free access platform for the extrajudicial resolution of online conflicts for electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between both parties.

Link to the complaint form:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

Link to the search engine for conflict resolution bodies:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2