In these Terms of Use (hereinafter, the "Terms"), we will refer to ourselves as "ClassOnLive", "we" or "the Service". This document regulates the conditions of access and use of the ClassOnLive platform, accessible through https://www.classonlive.com/, as well as all its subdomains, mobile applications, tools, functionalities and any other digital medium, channel or support owned by ClassOnLive, or managed or operated by it.

These Terms also include the Privacy Policy, the Cookie Policy and any other documents referred to therein (hereinafter, collectively, the "Terms"), which fully regulate access to and use of the platform.

For the purposes of these Terms, when we refer to "You", "User" or "Customer", we refer both to the natural person who accesses or uses the Platform and to the entity on whose behalf they act. If You accept these Terms on behalf of a company, organization or other entity, you represent and warrant that: (i) you have full legal capacity and authority to bind such entity; (ii) you have read, understood and accepted these Terms; and (iii) you act in valid representation of the same.

Access, registration or use of the Platform, by any means, implies express, full and unreserved acceptance of these Terms. If you do not agree with them, you must refrain from using or accessing the Platform.

In case of discrepancy between these Terms and other documents incorporated by reference (including the Privacy Policy), the provisions of these Terms shall prevail, unless the applicable regulations establish otherwise.

ClassOnLive reserves the right to modify, update or revise these Terms at any time. The current version will at all times be the one published on the website. When modifications are relevant, we may notify them by any reasonable means, including electronic communications, which the User accepts as valid for legal purposes, to the extent permitted by law.

Continued use of the Platform after the modifications come into force will imply acceptance of the updated Terms.

Please read these Terms carefully and contact us if you have any questions: [email protected]. ClassOnLive SL C/ Mar del Norte 1, 2A, 28860 Paracuellos de Jarama, Madrid, Spain. CIF B87444212.

Customer (or Admin Account Holder): Natural or legal person who creates the main account on the Platform and expressly accepts these Terms of Use, acting in their own name or on behalf of an entity.

Authorized Users: Persons to whom the Customer grants access to the Platform under their account, including, but not limited to, instructors, supervisors or other additional profiles created or managed by the Customer.

Student: End user who accesses, enrolls in or purchases content offered by Customers, whether free or paid.

User: Any person who accesses or uses the Platform, including Customers, Authorized Users and Students.

Content: Any material, communication or information published or accessible through the Platform, regardless of its format (including, among others, courses, videos, texts, live classes, audio, images or interactive materials).

Service: Set of tools, functionalities, products and services offered by ClassOnLive through the Platform.

ClassOnLive is a cloud-based technological platform that provides third parties with digital tools for the creation, management, distribution and, where appropriate, marketing of online content (hereinafter, the "Service").

The Service is aimed at content creators —including, among others, instructors, teachers, speakers, companies and independent professionals (hereinafter, the "Customer")— who wish to offer digital content to third-party end users (hereinafter, the "Student").

For the purposes of these Terms, "Content" shall mean any material, communication or information, regardless of its format or transmission medium, including, but not limited to, courses, classes, conferences, workshops, seminars, live sessions, recordings, texts, software, scripts, graphics, images, audio, video, interactive materials, files, comments, contributions and any other element accessible through the platform.

The Service includes all functionalities, tools, products and services offered by ClassOnLive, including, among others, videoconferencing systems, content hosting, management tools, payment and collection systems, as well as any present or future functionality of the platform.

Nature of the Service

ClassOnLive acts exclusively as a provider of technological services and technical intermediation, limiting itself to facilitating a digital infrastructure so that Customers can create, manage, publish and market their own content.

ClassOnLive is not, in any case:

A provider of content, courses or training;

An educational institution, training center or certification entity;

A party to the contractual relationship between Customer and Student and/or Customer and Authorized Users;

Responsible for the quality, veracity, legality or suitability of the content offered by Customers.

Customers are solely and exclusively responsible for:

The creation, management, updating and deletion of their content (unless ClassOnLive deletes them for being an inactive account);

The veracity, accuracy and legality of the information provided;

Compliance with the regulations applicable to their activity (including, among others, tax, consumer, data protection, intellectual property and e-commerce regulations);

Consequently, to the maximum extent permitted by applicable law, ClassOnLive shall not be liable under any circumstances for:

Relationships, transactions or interactions between Customers and Students and/or Customer and Authorized Users;

Any dispute, claim, damage, injury, economic loss or loss of any other nature derived from such relationships;

Lack of compliance by the Customer with their legal or contractual obligations;

Content published by Customers, nor for their possible legal infringements or rights of third parties.

User Data

Compliance regarding data protection (GDPR): The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that, in relation to the personal data of Students accessed through the Platform, they will act as Data Controller in accordance with Regulation (EU) 2016/679 (GDPR) and other applicable regulations.

The Customer undertakes to:

Process personal data lawfully, fairly and transparently;

Have a valid legal basis for the processing (consent, contractual execution or other);

Adequately inform Students about the processing of their data;

Adopt the technical and organizational measures necessary to guarantee data security;

Not use the data for purposes other than those derived from the relationship with the Student;

Not transfer data to third parties without a legal basis that legitimizes it.

ClassOnLive will act, in general, as Data Processor regarding the data hosted on the Platform, limiting itself to providing technical services.

The Customer, including their Authorized Users, shall be solely responsible for the use of personal data to which they have access and undertakes to indemnify and hold ClassOnLive harmless against any penalty, claim or liability derived from non-compliance with data protection regulations.

Geographic Limitations and Regulatory Compliance

ClassOnLive reserves the right to restrict or deny access to the Service in certain countries, territories or jurisdictions, in compliance with international regulations, anti-money laundering policies, fraud prevention, technological security or financing of illicit activities.

To access platform functionalities and/or create content, it is necessary to register (hereinafter, the "Customer"), creating an Administrator Account on ClassOnLive (the "Account").

The initial registration process on the platform is carried out by accessing the official ClassOnLive website: www.classonlive.com and clicking on the "Free trial" option. Through this process, the Customer will be able to access a free trial period of fifteen (15) days, during which they will be able to use the platform at no cost (with certain limitations in functionalities).

Once the free trial period has ended, the Customer must select a plan and complete the corresponding payment process to continue using the services. If payment is not made, the account will be automatically closed at the end of the trial period. If payment is completed, the billing cycle corresponding to the contracted plan will begin.

Account registration can be done through any of the following options:

Entering a valid email address and creating a password; or

Through third-party authentication systems, such as a Google account (Gmail), authorizing access in accordance with the conditions established by said provider.

If you choose access through third-party services, the Customer authorizes ClassOnLive to obtain certain basic data from their profile (such as name and email address), necessary for the creation and management of their account. The Customer represents and warrants, in their own name and that of their Authorized Users, that they have the right to use said services and to provide this information without breaching the terms applicable to said third parties.

The Customer's relationship with third-party service providers shall be governed exclusively by the terms and conditions of such providers. ClassOnLive does not control nor assume any responsibility over such external services.

The Customer undertakes to provide true, accurate, updated and complete information during the Account registration process, as well as to keep it updated at all times. ClassOnLive may suspend or cancel the account if it detects incorrect, incomplete or fraudulent information. The customer also undertakes to safeguard their access credentials.

If the account is created on behalf of a company, organization or other entity, the Customer represents and warrants that they have sufficient authority to accept these Terms of Use on behalf of said entity, which will be bound by them.

The Customer may include a profile image and, where appropriate, their own domain and a company logo. By doing so, they grant ClassOnLive a non-exclusive, free and worldwide license to use said image or logo for purposes related to the provision of the service. ClassOnLive may or may not use such elements at its discretion, without this generating any right to compensation.

To register and use the platform, the Customer must be at least 18 years old. Any use or access by any person under 18 (or under 21 in jurisdictions where 21 is the age of majority) is prohibited. Otherwise, they are not authorized to create an account or use ClassOnLive services.

Both during the free trial period and during any paid subscription period, the Customer undertakes to fully comply with these Terms of Use.

Authorized Users and delegated access

The Customer may authorize access to the Platform to one or more Authorized Users under their account, including instructors, supervisors or other additional profiles.

The Customer, including their Authorized Users, will be solely responsible for:

The creation, management and deletion of said accesses;

The assignment of roles, permissions and access levels;

The use that said Authorized Users make of the Platform.

The Customer guarantees that all Authorized Users have been duly informed of these Terms of Use and undertakes to ensure they comply with them in full.

Access and use of the Platform by any Authorized User will imply acceptance of these Terms, even when express acceptance has not been made.

The Customer accepts these Terms in their own name and on behalf of all Authorized Users associated with their account.

For all legal purposes, any action, omission, misuse or non-compliance with these Terms by Authorized Users will be considered carried out by the Customer themselves, who will assume full responsibility toward ClassOnLive and third parties.

To the maximum extent permitted by applicable law, ClassOnLive will not be responsible for the internal management of accesses or for conflicts that may arise between the Customer and Authorized Users.

Additional Accounts

The Customer holding the main account may allow access to Authorized Users under their responsibility.

The Customer, including their Authorized Users, will be solely responsible for defining and managing the permissions and access of such Authorized Users, as well as all activities carried out under their account.

ClassOnLive will not intervene in the internal management of said accounts nor will it be responsible for conflicts that may arise between the Customer and Authorized Users.

Collaborative Content

The Customer may authorize third parties (instructors or supervisors) to participate in the creation and management of content within their account.

The Customer will be fully responsible for all content generated by said users, as well as for their acts, omissions and breaches, being considered as their own for all legal purposes.

Disputes over Account Ownership

In the event of a dispute over the title or ownership of an account, ClassOnLive reserves the right to request additional information and documentation in order to verify the identity of the holder and resolve the controversy.

Among the information that may be required, including but not limited to, are:

Official identity document with photograph (ID, passport or equivalent);

Documentation proving the company or entity (such as deed of incorporation, CIF/NIF or equivalent);

Billing information and receipts associated with the account;

Tax declarations (such as IRPF or other equivalent documents, where applicable);

Any other documentation that ClassOnLive considers reasonably necessary to determine the legitimate ownership of the account.

The Customer, including their Authorized Users, undertakes to provide true, complete and updated information within the framework of these verification processes.

In case of dispute, ClassOnLive reserves the right to determine account ownership at its sole discretion, based on available information, as well as to temporarily suspend access or transfer the account to the legitimate holder, unless applicable law provides otherwise.

ClassOnLive operates under a subscription or membership model through which customers who wish to create, manage or market content through the Platform must pay the corresponding rates. Updated information on prices, plans and features is available on the official Pricing page: https://www.classonlive.com/registro.

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that all subscriptions are of a recurring nature and will automatically renew for equivalent successive periods, unless they are expressly canceled by the Customer from their control panel.

Likewise, the Customer will be solely responsible for complying with all tax obligations that apply to them, including the declaration and payment of taxes derived from their activity. In case of non-compliance with said obligations, the Customer undertakes to defend, indemnify and hold ClassOnLive harmless against any claim, penalty or liability that may arise from said non-compliance.

General conditions

The Customer will freely determine the price of their content, and may even offer it free of charge (depending on the plan contracted). In the Starter and Professional plans, the Customer undertakes to establish a minimum sale price of ten euros (€10) for paid content. In the Advanced and Premium plans, the Customer can set any price for paid content, including free content.

ClassOnLive reserves the right to modify, block or delete content that violates this condition, as well as to limit functionalities in case of repeated non-compliance.

ClassOnLive will charge for the use of its services based on the plan contracted by the Customer. All plans are configured to automatically renew at the start of each billing period, unless prior cancellation is made by the Customer from the "My Plan" section of their control panel.

In case of cancellation, the account will remain active until the end of the current billing period, at which point it will stop renewing automatically. Once said period has ended, the account will be canceled and the Customer will lose access to the Platform, including all content, associated data, and the associated additional accounts (instructors and supervisors), as well as their students, will not have access either.

By providing a payment method (credit card or PayPal), the Customer represents and warrants that they are authorized to use such medium and expressly authorizes ClassOnLive to make periodic charges for the corresponding rates.

Access to the Platform and its functionalities will be conditioned upon effective payment of the applicable rates. ClassOnLive reserves the right to suspend access in case of non-payment.

Subscription Plans

ClassOnLive has different subscription plans, which can be contracted on a monthly or annual basis:

Starter Plan: €144/year + VAT (21%) or €15/month + VAT (21%). In case of content sales, ClassOnLive will apply a commission of 15% on the sale price for each registered student, plus VAT (21%).

Professional Plan: €480/year + VAT (21%) or €49/month + VAT (21%). In case of content sales, ClassOnLive will apply a commission of 10% on the sale price for each registered student, plus VAT (21%).

Advanced Plan: €1188/year + VAT (21%) or €149/month + VAT (21%).

Premium Plan: €3996/year + VAT (21%) or €399/month + VAT (21%).

Plans can only be contracted by credit/debit card or PayPal, in euros or US dollars.

VAT (21%) will not apply when the Customer has their tax residence outside the European Union, in accordance with current regulations on the localization of service provision, it being the Customer's responsibility to prove said condition when required.

Student Payments

Students will pay the price of the content at the time of purchase or reservation, authorizing the corresponding charge through the selected payment method (PayPal, credit/debit card or others available).

Once payment is confirmed, the student will receive a confirmation email.

The student and the Customer acknowledge that payment providers may be subject to their own terms and conditions, independent of those of ClassOnLive, being their exclusive responsibility to accept and comply with them.

In the Advanced and Premium plans, when the Customer integrates their own payment methods, ClassOnLive will not apply commission on sales, being the Customer solely responsible for the costs derived from said transactions (gateway commissions, bank commissions, etc.). In case of using ClassOnLive payment gateways, a commission of 10% + VAT (21%) will be applied in the professional plan and in the advanced and premium plans, in the case of not integrating their own payment methods, and 15% + VAT (21%) in the starter plan.

Payment processing and settlements

When the Customer uses the Starter, Professional plans, or the payment gateways integrated by ClassOnLive in the Advanced or Premium plans, ClassOnLive will receive the total amount paid by the student and will subsequently settle the corresponding amount to the Customer, once applicable commissions and corresponding taxes (21% VAT) have been deducted.

PayPal or Stripe payment processing costs are included in the percentage of sales commissions.

Payment to the Customer will be made exclusively through the PayPal account indicated in their profile, in the currency selected for the sale of their content.

Payments will be made:

the first business day of the month following the purchase, for asynchronous content;

the first business day of the month following the start of the content, for live training.

The Customer must maintain an active subscription in a paid plan to be able to receive the income generated by the sale of their content.

In case of subscription cancellation before the payment of said income has been made, ClassOnLive will not pay the pending amounts.

Nature of intermediation

ClassOnLive acts exclusively as a technical intermediary in the management of collections when the Customer uses the gateways integrated into the Platform, not being a party to the contractual relationship between both.

In no case will ClassOnLive be a party to the contractual relationship between the Customer and the Student.

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that:

They are solely responsible for the economic activity developed through the platform;

They are the owner of the income generated by the sale of their content;

They must comply with all fiscal, accounting, commercial and legal obligations derived from said activity;

ClassOnLive may apply commissions for the use of the Service, in accordance with the current commercial conditions;

the quality, veracity and delivery of the content;

billing to the student;

To the maximum extent permitted by applicable law, ClassOnLive will not be responsible for supervising or guaranteeing compliance with said obligations.

Consequently, to the maximum extent permitted by applicable law, ClassOnLive will not be responsible for:

Cancellations made by the Customer or the Student;

Refunds requested or made;

Errors in the management of said cancellations or returns;

Non-provision of content by the Customer.

ClassOnLive will limit itself, where appropriate, to verifying that the corresponding transaction has been made through the Platform.

To the maximum extent permitted by applicable law, ClassOnLive will not be responsible for refunds, claims, chargebacks, payment disputes or incidents related to transactions between Customers and Students in plans where the Customer integrates their own payment methods. In case the Customer uses payment methods already integrated in ClassOnLive (PayPal and/or Stripe), ClassOnLive manages returns and disputes as indicated by the Customer, and in case of losing the dispute or making the return to the student, the amount will be charged to the customer plus any additional charge that PayPal or Stripe charges for the dispute.

Limitation of liability in payment processing

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that ClassOnLive acts exclusively as a technical intermediary in the management of collections when integrated gateways are used, not being a financial entity or regulated payment service provider.

The Customer, including their Authorized Users, will be solely responsible for:

The legality of transactions;

The nature of the products or services offered;

Compliance with the conditions of payment providers;

Management of claims, disputes or returns.

ClassOnLive does not guarantee the acceptance of payments by external providers nor will it be responsible for blocks, retentions or limitations imposed by them.

Refunds to Students

In the event that the Customer operates under the Starter or Professional plans, or uses payment methods integrated by ClassOnLive in the Advanced or Premium plans:

If a student requests a refund of the amount and the payment has not yet been settled to the Customer, ClassOnLive may proceed with the refund directly to the student;

In such case:

The corresponding amount will be deducted from the Customer's income;

Costs derived from commissions and processing fees (PayPal, Stripe or others) will also be applied, plus applicable taxes.

It will be the Customer's sole responsibility to:

Remove student access to the content;

Manage any other action derived from the refund.

In case the refund is requested after the settlement of income to the Customer, ClassOnLive may compensate said amount through deductions from future payments.

In case the Customer uses their own payment systems:

The Customer, including their Authorized Users, will be solely responsible for fully managing refunds to students;

ClassOnLive will have no intervention or responsibility in such transactions.

The Customer undertakes to defend, indemnify and hold ClassOnLive harmless against any claim, liability, penalty or cost derived from:

Refunds not made or managed incorrectly;

Non-compliance with their obligations toward students;

Non-provision of content;

Incomplete or non-compliant content;

Any circumstance that motivates the refund of the amount by the student.

Changing Plan

The Customer may modify their subscription plan at any time from their control panel. To make the change, the Customer must purchase the new plan at the amount corresponding to the new plan at the time of change and a new billing cycle will begin. The new plan will take effect at the time of purchase.

In case of switching to a lower plan, no refund or compensation will be made for the unused part of the previous plan, regardless of whether it is monthly or annual.

In case of switching to a higher plan, a refund will be made for the unused days of the previous plan, regardless of whether it is monthly or annual.

Cancellation Policy

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that all ClassOnLive subscriptions are charged automatically and recurrently until they proceed to cancellation.

Cancellation of the subscription and the account must be made exclusively from the Customer's control panel, accessing the "My Plan" section with the administrator account. Cancellation requests made by any other means (including, without limitation, email, telephone, social networks or other communication channels) will not be considered valid.

Once cancellation is requested, it will be effective at the end of the current billing period. Until then, the account will remain active.

Once the billing period has ended:

The account will be automatically canceled;

The Customer will lose access to the Platform;

They will not be able to access or recover the content or information stored.

Additional associated accounts (those of instructors and supervisors) will not be able to access

Their students will not be able to access

The Customer is solely responsible for previously downloading their content and informing their students of the loss of access to them. To the maximum extent permitted by applicable law, ClassOnLive will not be responsible, in any case, for the loss of content or data derived from the cancellation of the account.

The Customer is solely responsible for correctly performing the cancellation process. However, they may contact support service in case of technical difficulties via [email protected].

Deletion of data and content

After account cancellation:

Associated data and content will be kept for a maximum period of 30 days from the cancellation date, for the sole purpose of allowing their eventual recovery.

Once said period has elapsed, all information will be permanently and irreversibly deleted, without the possibility of recovery.

During this 30-day period:

Access to the account will remain disabled;

The Customer must reactivate a paid plan to recover access and content.

Once the 30 days have passed:

All data associated with the account (including administrator, students, instructors and supervisors) will be permanently deleted;

In case of subsequent reactivation, the account will be restored without previous content.

Account Recovery

The Customer may request the recovery of their canceled account through the link enabled for that purpose: https://www.classonlive.com/recuperar-cuenta

To recover content and previously stored information:

The request and purchase must be made within the maximum period of 30 days from account cancellation.

Payment must be made with the administrator email previously used.

If you recover the account but the 30-day period has already passed:

The content and associated data will have been permanently deleted;

The account can be reactivated, but without the possibility of recovering previous information.

Refund Policy

All ClassOnLive subscription plans include a 15-day free trial period.

After said period, the Customer who pays for a plan must take into account that:

Monthly subscriptions will be billed in advance and will not be refundable;

No refunds or credits will be made for partial periods of use;

No refunds will be made for unused months on active accounts.

All subscriptions are of a recurring nature and will automatically renew at the end of each billing period.

Customers who contract an annual plan may request a full refund:

Within 30 days following the first payment of the annual plan; or

Within 30 days following its renewal.

In case a refund is granted, the amount corresponding to one month of the contracted plan will be deducted, calculated according to the current monthly plan price. Once the 30-day period has passed, no refund requests will be admitted.

Additional conditions:

In no case will the commissions applicable to ClassOnLive be returned, which will be deducted when appropriate.

If the Customer has generated income from content sales and cancels their subscription before receiving it, such income will not be paid.

If the Customer cancels automatic payments directly from their payment entity (PayPal, card, etc.), the account on ClassOnLive will be automatically canceled at that same moment. In this case: No refunds will be made for the unused period and the only way to reactivate the account will be by contracting a new plan.

Abuse of Refund Policy

ClassOnLive reserves the right to deny refund requests in cases where abusive or fraudulent use of this policy is detected.

By way of example, but not limited to, the following will be considered abusive practices:

Requesting refunds through multiple user accounts;

Repeated or systematic request for refunds;

Any behavior that, in the reasonable judgment of ClassOnLive, is intended to circumvent the effective payment of the Service.

In such cases, ClassOnLive may reject the refund request and adopt additional measures it deems appropriate, including the limitation or cancellation of the account.

Modification of Prices and Commissions

ClassOnLive reserves the right to modify at any time:

plan prices,

applicable commissions,

or introduce costs for previously free functionalities.

In any case, such changes will not be retroactive and will apply from their entry into force.

Access to and use of the ClassOnLive Service is conditioned upon compliance with these Terms, as well as applicable local, national and international legislation. The Customer, including their Authorized Users, undertakes to use the Service diligently, in accordance with current regulations and without violating the rights of third parties.

To access certain functionalities of the Platform, it will be necessary to create an account on ClassOnLive, registering via email or an authorized third-party authentication service such as Gmail.

To guarantee proper functioning of the Service, the User acknowledges and accepts that it is necessary to meet the following minimum technical requirements:

Operating system:

PC: Windows 7 or later versions

Mac: Mac OS X 10.6 or later versions

Videoconferencing system:

Compatible browsers: latest versions of Google Chrome, Mozilla Firefox and Safari

Functioning in other browsers is not guaranteed

Not available in TOR or Opera browser.

Mobile devices:

Compatible with Android devices

On iOS devices (especially iPad), functional limitations may exist

Internet connection:

A stable and high-speed connection is required

Minimum recommended speed: 3 Mbps upload

A direct cable connection to the modem/router is recommended

The Customer acknowledges, in their own name and that of their Authorized Users, that:

The use of mobile networks, public Wi-Fi networks or unstable connections can negatively affect the quality of the Service, especially in videoconferencing functionalities (including recording, chat and real-time transmission);

Videoconference rooms may close automatically if continuous inactivity is detected for 30 minutes;

The customer is solely responsible for having the necessary equipment for the use of the Service, including, but not limited to, access devices, Internet connection, headphones, microphones and webcams.

ClassOnLive does not guarantee the correct functioning of the Service in corporate networks, restricted environments or incompatible technical configurations.

The Service may contain links to third-party websites, services or resources that are not owned or controlled by ClassOnLive.

ClassOnLive:

Does not control such sites or services;

Does not assume any responsibility for its content, availability, policies or practices;

Does not guarantee their accuracy, legality or security.

Access to third-party sites is made under the exclusive responsibility of the User, who acknowledges and accepts that to the maximum extent permitted by applicable law, ClassOnLive will not be responsible for any damage or injury derived from the use of such external services.

Ownership of the Platform

All rights, titles and interests in and to the Platform, including, among others, its technology, software, databases, design, structure, code, logos, brands, trade names, texts, graphics, images, audio, video and other elements (hereinafter, the "ClassOnLive Content"), are the exclusive property of ClassOnLive or its licensors.

Such content is protected by intellectual and industrial property regulations, both in Spain and internationally.

Intellectual Property Rights

Access to and use of the Platform does not imply in any case the transfer of intellectual property rights to the User.

Subject to compliance with these Terms, ClassOnLive grants the User a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform exclusively for personal or professional purposes linked to the legitimate use of the Service. Any use other than authorized is expressly prohibited.

Restrictions on use

The Customer, including their Authorized Users, undertakes not to perform any of the following actions:

License, sublicense, sell, resell, rent, assign or allow the use of the Platform to third parties without the express written authorization of ClassOnLive;

Circumvent, disable or interfere with any security system or technological protection of the Platform;

Copy, modify, reproduce, create derivative works, decompile, reverse engineer or attempt to access the source code or any technical element of the Platform;

Use the Platform for competitive purposes with respect to ClassOnLive;

Perform any activity that may interfere with, damage or harm the correct functioning of the Platform or its services.

All rights not expressly granted are reserved by ClassOnLive.

User Content

Any data, information or content that the User uploads or transmits through the Platform will remain their ownership.

However, by publishing content on the Platform, the User:

Authorizes ClassOnLive to store such content;

Allows its viewing by other users according to the Service's functionality;

Grants a worldwide, non-exclusive, free, sublicensable and transferable license to use such content within the framework of the provision and promotion of the Service.

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that:

ClassOnLive may review the content at any time to verify compliance with these Terms, although it is not obliged to do so;

The content is published under their exclusive responsibility;

ClassOnLive does not validate or pre-approve the content published.

The Customer represents and warrants, in their own name and that of their Authorized Users, that:

They are the owner of the content or have the necessary rights for its use;

The content does not infringe third-party rights or applicable regulations.

No guarantee of results

ClassOnLive does not guarantee in any case economic, professional, academic results or any other nature derived from the use of the Platform or the content offered by Customers.

The Customer, including their Authorized Users, will be solely responsible for the statements, promises or expectations generated in relation to their content.

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that the use of the Service is carried out under their own responsibility, within the limits established by law.

Feedback

The User may send suggestions, recommendations or improvement proposals regarding the Platform or the Services.

By doing so, the User grants ClassOnLive a license: worldwide, free, irrevocable, perpetual, sublicensable and transferable to use, modify, adapt and incorporate such feedback into the Platform or its services without any limitation and without the right to compensation.

The Customer acknowledges, in their own name and that of their Authorized Users, and accepts that the use of the platform is carried out under their exclusive responsibility. ClassOnLive makes its best efforts to guarantee the availability, stability and correct functioning of the Platform. However, the Service is provided "as is" and "as available". The Customer acknowledges, in their own name and that of their Authorized Users, that the functioning of the Service can be affected by multiple factors outside the control of ClassOnLive, including, among others, telecommunications networks, hosting providers, user devices or third-party services.

ClassOnLive does not guarantee:

Uninterrupted or error-free availability of the Service;

The absence of technical failures, interruptions or losses of connection;

The quality of audio or video transmission, especially when it depends on the User's Internet connection or third-party services;

The complete preservation of content in case of technical failures, incidents or causes beyond ClassOnLive's control.

Consequently, ClassOnLive will not be responsible for:

Service interruptions;

Failures in videoconferences, recordings or accesses;

Loss of data or content;

Any damage derived from technical incidents.

ClassOnLive may perform maintenance tasks, updates or improvements that involve temporary suspension of the Service, without this generating any right to compensation.

In no case will ClassOnLive guarantee specific levels of availability or performance, unless expressly established in writing.

To the maximum extent permitted by law, ClassOnLive excludes any responsibility for direct, indirect, incidental, special or consequential damages derived from the use or inability to use the Service.

To use the Service, the User must:

Be of legal age according to applicable law. Use or access by minors under 18, or by minors under the minimum legal age required in their jurisdiction if it were higher, is prohibited.

Provide true, accurate, complete and updated information during registration and throughout the life of the account.

Maintain the confidentiality and security of their access credentials.

Not share their account or allow its use by third parties without authorization.

Immediately notify ClassOnLive of any unauthorized use of their account or any security incident.

Not use another user's account without express authorization.

The User will be responsible for all activity carried out from their account, except in cases where applicable law provides otherwise. To the maximum extent permitted by applicable law, ClassOnLive will not be responsible for losses or damages derived from the User's non-compliance with their security and account custody obligations.

Likewise, the User may not choose as username, password or identifier expressions contrary to law, morality, public order, good practices or that violate third-party rights.

The User may not use the Platform to perform, promote, facilitate or attempt to perform, directly or indirectly, any of the following behaviors:

a) Legal or contractual breaches:

Infringe these Terms of Use, the Privacy Policy or any other agreement entered into with ClassOnLive.

Infringe laws, regulations, ordinances or applicable rules, including those related to consumer protection, unfair competition, misleading advertising, anti-discrimination measures, financial services, e-commerce, data protection or intellectual property.

Provide false, inaccurate, incomplete or misleading information.

Refuse to cooperate in an investigation or to confirm identity or veracity of information provided to ClassOnLive.

b) Abusive or harmful conduct

Act in an injurious, libelous, threatening, harassing, intimidating or abusive manner.

Use the Platform for illegal activities or for activities that may cause physical damage, death, psychological harm or personal injury.

Use the Platform in a way that may result in student claims to invalidate payments or services, or that may generate fees, fines, penalties or liabilities for ClassOnLive.

Use the Platform for purposes other than those expressly permitted by the Service.

c) Security, access and operation of the Platform:

Interfere with the normal operation of the Platform or attempt to access it through unauthorized methods.

Circumvent or attempt to circumvent limitations, controls, restrictions, blocks or suspensions imposed by ClassOnLive, including the creation of new accounts after a suspension or cancellation.

Analyze, probe, scan or test the security or vulnerability of the Platform without ClassOnLive's prior written authorization.

Use manual or automated tools to extract, copy, index, monitor or collect data from the Platform without authorization.

Reverse engineer, decompile, disassemble or attempt to discover source code, logic, structure or technical elements of the Platform.

Alter, modify, block, disable or interfere with any portion, functionality or element of the Service.

Introduce, transmit or facilitate viruses, malware or any other malicious code intended or likely to damage, interrupt, corrupt, intercept, expropriate or misuse systems, data or services.

Carry out actions that involve an unreasonable or disproportionate load on ClassOnLive's websites, software, servers, networks or any other system.

Use robots, spiders, scrapers, offline readers or any other automated system that sends more requests to ClassOnLive servers than a reasonable person could manually perform in the same period of time, unless expressly authorized by ClassOnLive or technical exceptions established for public search engines. ClassOnLive may revoke such exceptions at any time, in general or particular.

d) Unauthorized commercial exploitation:

Resell, sublicense, rent, lease, assign or commercially exploit the Platform without ClassOnLive's express written authorization.

Use the Platform to create, develop, promote or favor products or services that compete with ClassOnLive.

Buy content with the primary purpose of copying materials, methodologies, resources or techniques to reuse them in own or third-party content, and not exclusively for legitimate educational purposes.

Contact customers, students or other users for purposes unrelated to training or not related to the content contracted or taught.

Recruit, divert or attempt to capture ClassOnLive users toward third-party services that compete with ClassOnLive.

e) Improper data processing and use of third-party services:

Publish, process or transmit sensitive personal data without valid consent or sufficient legal basis.

Use the Platform to process protected medical data or other categories of data subject to specific regulation without having the necessary legal adequacy.

Register using temporary emails, bots or unauthorized automated methods.

Use any integration or third-party service available through the Platform violating their own policies, terms or conditions.

f) Communication systems:

The User may not use the communication systems provided by the Platform, including comments, messaging, email, video chat or other equivalent means, for purposes other than those provided by the Service or contrary to these Terms.

g) Prohibited content

You may not use the Platform to publish, transmit, distribute, promote or facilitate content or activities related to:

Hate speech, attacks or degradations against people or groups based on race, ethnic origin, nationality, religion, disability, gender, gender identity or expression, age, sexual orientation, veteran status or other protected category.

Harassment, threats, intimidation, invasion of privacy or unauthorized disclosure of other people's information.

Any illegal activity or that promotes, encourages, facilitates or glorifies illegal activities.

Illegal pornography, inappropriate explicit sexual content or sectors with high risk of abuse, including escort services or similar.

Exploitation, abuse or sexualization of minors, in any form.

Graphic violence, corpses, seriously injured people, physical attacks or violent humiliations.

Promotion of self-harm, terrorism or support for violent or terrorist organizations.

Animal cruelty or abuse.

Manufacture, promotion or sale of bombs, weapons or other dangerous elements, as well as firearms, ammunition and related accessories.

Promotion of use of narcotics, steroids, drugs or consumption accessories that pose a risk to health or safety.

Gambling, when prohibited or not authorized.

Consumption of alcohol or tobacco by minors.

False or misleading content that may cause harm to the public or generate claims, penalties or damages for ClassOnLive or third parties.

ClassOnLive may restrict categories, activities or sectors that it considers to be a risk to security, legality or reputation of the Service.

It is prohibited to use the Platform for fraudulent, deceptive or malicious activities, including, but not limited to:

Collecting sensitive data, such as card numbers, passwords or other confidential information, without authorization.

Publishing or disclosing personal information of third parties without consent.

Linking, redirecting or facilitating access to sites with malware or illicit purposes.

Promoting pyramid schemes, fraud or deceptive businesses.

Artificially manipulating reputation, positioning, visits, views, tags, titles, descriptions or any other element for deceptive purposes.

Sending large amounts of unsolicited, repetitive, irrelevant or unrelated content, including comments, private messages or electronic communications.

Falsely stating anonymity when not true.

Impersonating third-party identities.

Registering accounts on behalf of third parties for the purpose of selling, transferring or profiting from them.

ClassOnLive maintains a zero-tolerance policy against spam and against cybersquatting practices. Accounts linked to this type of conduct may be suspended or canceled immediately.

ClassOnLive generally allows the purchase and sale of online content internationally. However, for legal, regulatory, security, money laundering prevention, terrorist financing, fraud, cybersecurity or other justified reasons, ClassOnLive may restrict or prevent access to the Service from certain countries, regions, browsers, networks or technical environments.

At the time of acceptance of these Terms, restricted countries or territories include: Cuba, Nicaragua, Afghanistan, The Balkans, Belarus, Burma, Central African Republic, Democratic Republic of the Congo, Ethiopia, Hong Kong, Iran, Iraq, Lebanon, Libya, Mali, North Korea, Russia, Somalia, Sudan, South Sudan, Ukraine, Venezuela, Yemen, India, China, Singapore, Vietnam, Israel, Estonia and Bulgaria.

It is prohibited to access, operate or use the Platform from any of the restricted countries, territories or regions, whether as an administrator, instructor, supervisor, student or any other type of user. Likewise, students may not purchase or access training from said territories.

Some payment methods may not be available in certain countries or regions. Likewise, access via Tor browser or equivalent anonymization tools is not allowed.

ClassOnLive reserves the right to update, expand, reduce or modify at any time the list of restricted countries, territories, regions, browsers, networks or environments, without prior notice, when necessary for legal, regulatory, technical, operational or security reasons.

The User must have all necessary rights, licenses, consents and permissions over any content they upload, publish, transmit, distribute or use through the Platform. You may not infringe copyright, trademarks, patents, trade secrets, image rights, publicity rights, privacy or other intellectual or industrial property rights of ClassOnLive or third parties.

In particular:

If the User incorporates images, videos, documents, recordings, interactive content or other files, they will be solely responsible for ensuring that such materials do not infringe third-party rights.

The User represents and warrants that they possess or control the rights necessary for reproduction, distribution, transformation and public communication of the contents they upload to ClassOnLive.

The Customer, including their Authorized Users, undertakes not to insert illegal content and to comply with all applicable regulations related to display, transmission or marketing of such content.

The User shall refrain from inserting content that deteriorates the quality of the service, that is illegal, that violates fundamental rights, that is not appropriate for minors or that contains malicious code.

To the maximum extent permitted by applicable law, ClassOnLive will not be responsible for verifying in advance the ownership or legality of content incorporated by users. However, it reserves the right to withdraw, block or restrict content that it considers inappropriate for the characteristics, purposes or security of the Service, or when required by legal, technical or operational circumstances. This is understood without prejudice to the fact that, when legally appropriate, content may be maintained until there is sufficient requirement, competent resolution or reasonable basis that justifies its withdrawal.

If the User considers that content infringes their intellectual or industrial property rights, they may communicate it to ClassOnLive, without prejudice to legal actions that may correspond to them against the alleged infringer.

Recording, downloading, distribution and exploitation of content

The Customer, including their Authorized Users, accepts that they will not record with their own devices nor distribute content hosted or transmitted through the Platform without prior written authorization from the author or corresponding holder.

ClassOnLive may provide recording, sharing or dissemination functionalities for purposes of provision, promotion or operation of the Service, but this does not in itself authorize reproduction, distribution or exploitation of the content beyond what is permitted by these Terms or by the expressly enabled functionality.

The Customer author of the content may record and distribute the video or content corresponding at their discretion when they are the holder of it and use the functionalities enabled by the Service. The User who participates in said content authorizes, to the extent permitted by law and in accordance with these Terms, its recording, dissemination and appearance in such materials, without right to economic compensation, unless expressly agreed otherwise.

Furthermore:

The content created by customers, as well as their brands and logos, is the property of their respective holders.

The content is offered "as is" and can only be accessed for information and legitimate personal or professional use, according to the purpose intended by the Service.

Content cannot be downloaded unless a download button or equivalent functionality enabled by ClassOnLive expressly appears.

No content can be copied, reproduced, distributed, retransmitted, publicly communicated, sold, licensed or exploited in any other way without prior written consent from its holder or licensor.

Security features or measures intended to prevent or limit copying or unauthorized use of content cannot be disabled or interfered with.

License granted to ClassOnLive on User content

Regarding all content, material, information, suggestion, idea or communication that the User submits, publishes or uploads by any means to the Platform, the User grants ClassOnLive a non-exclusive, worldwide, free of charge license with the power to sublicense, to reproduce, store, distribute, transmit, publicly communicate, display, adapt and create derivative works, for the purpose of operating, providing, improving, promoting and developing the Service.

When for certain uses it were necessary to use the name, image or identifying signs of the User beyond what is permitted by these Terms or by Service functionality, ClassOnLive will request corresponding consent when law so requires.

The Customer, including their Authorized Users, accepts not to direct claims against ClassOnLive for alleged intellectual property infringements derived exclusively from content uploaded or published by other users, without prejudice to legal actions they may exercise against said users.

ClassOnLive does not guarantee confidentiality regarding data or content that users voluntarily introduce on the Platform when, by nature, configuration or functionality, they can be accessible by third parties or other users.

The Customer, including their Authorized Users, undertakes to follow good practices recommended by ClassOnLive and to collaborate reasonably in any investigation or verification related to use of the Platform, security of the Service, User identity or compliance with these Terms.

The User may not use the Platform when it exposes ClassOnLive to risks of non-compliance with anti-money laundering, counter-terrorist financing, international sanctions or similar regulatory obligations.

ClassOnLive may request additional documentation at any time to verify the Customer's identity or legality of their activity. Refusal to provide such information may lead to account suspension or cancellation.

Legal compliance and general use of Service

The User must use ClassOnLive's Platform in accordance with applicable law, these Terms of Use, the Privacy Policy and any other policies, conditions or agreements current between User and ClassOnLive.

It is prohibited to use the Platform, by itself or in combination with tools, resources or third-party services, to carry out illegal, fraudulent, abusive or activities contrary to these Terms.

The Customer, including their Authorized Users, will be solely responsible for their conduct, for content they publish, upload, transmit, distribute or make available through the Platform, as well as for their communications and relationships with third parties.

ClassOnLive may adopt measures it deems appropriate when it detects, or has reasonable indications of, improper use of Service, including review of content, access limitation, content removal, suspension or cancellation of accounts and, when appropriate, communication to competent authorities.

ClassOnLive recommends the User to consult with an independent legal advisor to determine legal obligations applicable to their activity and Platform use.

ClassOnLive Rights and consequences of non-compliance

ClassOnLive has the right, but not the obligation, to monitor conduct and content submitted to Service. Although ClassOnLive adopts reasonable measures to protect security of content and accounts, it cannot guarantee that unauthorized third parties will not succeed in violating such measures.

ClassOnLive reserves the right to review content, delete content, block accesses, limit functionalities, suspend accounts or definitively cancel any account or Service access, at any time, with or without prior notice, if it considers that:

Information provided by User is inaccurate, outdated, incomplete or misleading.

User has infringed these Terms or applicable legislation.

There is a risk to security, integrity or operation of the Platform.

User's content or conduct may cause claims, sanctions, fines or damages to ClassOnLive or third parties.

Depending on severity of infraction, ClassOnLive may:

Temporarily suspend access until infraction is corrected.

Definitively cancel account in serious or repeated cases.

Limit access to data or content.

Delete data after a reasonable period in accordance with its conservation policy.

Suspend related accounts.

Inform competent authorities when law requires or when reasonably necessary.

Reporting infractions

Any person detecting possible non-compliance with these Terms or improper Platform uses may communicate it to ClassOnLive through support channels indicated on the Platform.

ClassOnLive may suspend or cancel access to Service at any time, with or without cause, when it considers it necessary for protection of the Platform, its users or third parties, to extent permitted by applicable legislation.

Fraud prevention and risk management

ClassOnLive implements internal control, monitoring and risk analysis systems with objective of preventing fraudulent, abusive or potentially harmful activities for Platform, Users or third parties.

Users acknowledge and accept that ClassOnLive may evaluate, in automated or manual way, risk level associated with account, activity or transactions.

For purposes of these Terms, following will be considered, among others, risk or fraudulent activities:

Anomalous sales volumes in reduced periods of time;

High rates of returns, disputes or chargebacks;

Use of false identities or inaccurate data;

Use of suspicious or non-verifiable payment methods;

Behaviors intended to circumvent commissions or control systems;

Sale of non-existent, misleading or undelivered content;

Access or Platform use from high-risk technical locations or patterns;

Any activity that, in reasonable judgment of ClassOnLive, may involve fraud, abuse or financial, reputational or legal risk.

Control and mitigation measures

In case of suspicious or risk activity detection, ClassOnLive reserves right, without necessity of prior notice, to adopt one or several of following measures:

Require additional information or documentation to verify Customer identity or legitimacy of activity;

Temporarily limit access to certain Platform functionalities;

Temporarily suspend account;

Block publication or marketing of content;

Temporarily retain income or pending payments;

Cancel or reverse current transactions when possible;

Definitively cancel account in serious or repeated cases.

These measures may be maintained during time necessary for verification or resolution of situation detected.

Identity verification

ClassOnLive may require Customer, at any time, additional information to verify identity or activity, including:

Identity document (ID, passport);

Fiscal or mercantile information;

Bank or payment data;

Justification of commercial activity.

Refusal to provide such information may lead to account suspension or cancellation.

Compliance with payment providers

Customer undertakes to comply at all times with policies, conditions and regulations applicable of payment providers used through Platform, including, among others, PayPal and Stripe.

It is expressly prohibited:

Use Platform for fraudulent or deceptive activities;

Market products or services prohibited by such providers;

Generate fictitious or artificial transactions;

Manipulate payments, prices or accesses in fraudulent way;

Perform practices that can lead to chargebacks or abusive disputes.

ClassOnLive may suspend or cancel account immediately if it detects risk of fraud, improper use or non-compliance with these conditions.

Customer, including Authorized Users, will be solely responsible for any penalty, block or limitation imposed by payment providers, obliging to assume any cost, sanction or damage derived from activity.

Customer Responsibility

Customer, including Authorized Users, will be solely responsible for:

Legitimacy of activity on Platform;

Veracity of information provided;

Compliance with applicable legislation;

Consequences derived from any fraudulent or illicit activity.

Indemnification for fraud

Customer undertakes to indemnify and hold ClassOnLive harmless against any damage, loss, sanction, cost or claim (including legal fees) derived from:

Fraudulent or deceptive activities;

Non-compliance with applicable legislation;

Improper Platform use;

Claims of third parties derived from activity.

Cooperation with authorities

In case of fraud suspicion, ClassOnLive may:

Collaborate with competent authorities;

Facilitate information when legally required;

Adopt necessary measures to protect Platform and third parties.

Non-responsibility of ClassOnLive

To maximum extent permitted by applicable legislation, ClassOnLive will not be responsible for:

Losses derived from application of anti-fraud measures;

Suspension or limitation of account for security reasons;

Retention of funds in accordance with established in these Terms.

Customer acknowledges, in own name and Authorized Users, and accepts that, in condition of seller of digital contents through Platform, is sole and exclusive responsible for:

Determine applicability of taxes in each jurisdiction;

Correctly calculate corresponding amounts;

Collect such taxes from students;

Declare and remit taxes before competent fiscal authorities.

Fiscal obligations may vary depending on country of residence of Customer, student and type of content or service provided.

ClassOnLive expressly recommends Customer to consult with specialized fiscal advisor in international digital commerce.

European Union – VAT in digital services

When Customer performs sales to final consumers (B2C and B2B) located in European Union:

Applicable VAT will be corresponding to student's country of residence;

Customer will be responsible for correctly identifying student location and applying corresponding tax rate;

ClassOnLive does not act as VAT passive subject nor as “merchant of record” in these operations, unless applicable legislation establishes otherwise.

United States – Sales Tax

When Customer performs sales to users located in United States:

Sales Tax may be applicable depending on state or jurisdiction of buyer;

Obligation to collect and remit such taxes will depend on existence of “economic nexus” of Customer in such jurisdiction, according to local regulation.

Customer, including Authorized Users, will be solely responsible for:

Determine if obliged to collect Sales Tax;

Register before corresponding fiscal authorities;

Declare and remit such taxes.

ClassOnLive does not act as responsible for Sales Tax collection nor as seller in these operations.

Latin America (LATAM) – VAT and local taxes

In case of sales to users located in Latin American countries:

Local indirect taxes may apply, such as VAT, IGV, GST or other equivalents;

In certain countries, fiscal authorities can require application of fiscal retentions.

Customer will be responsible for:

Determine applicable fiscal obligations in each country;

Comply with registration, billing and declaration requirements;

Assume any tax, retention or fiscal load derived from sales.

Determination of student localization

Customer will be responsible for correctly determining student location for fiscal purposes, using reasonable means like creating registration forms facilitated by platform to determine:

Billing address;

Country of nationality or fiscal residence of student;

Any other criteria admitted by applicable regulation.

ClassOnLive can facilitate:

Sales reports;

Transactions data;

Billing tools.

However, Customer will be solely responsible for:

Adequately configure such tools;

Guarantee compliance with fiscal obligations.

ClassOnLive acts exclusively as technological provider and, where appropriate, as payment facilitator, but not as:

Content seller;

Final service provider to student;

“Merchant of record” (except legal disposition otherwise).

Consequently:

Customer is sole responsible for performed transactions;

Customer is subject obliged for fiscal purposes in majority of jurisdictions;

ClassOnLive does not assume obligation to collect, declare nor pay taxes in Customer name.

When ClassOnLive facilitates payment processing:

It can apply commissions according to contracted plan;

Such commissions will be subject to applicable taxes according to current regulation.

Technical intermediation in collection does not modify Customer fiscal responsibility.

Chargebacks and payment disputes

Customer acknowledges, in own name and Authorized Users, that any chargeback, reversion or dispute initiated by a Student will be of sole responsibility.

In these cases:

ClassOnLive can automatically deduct chargeback amount from future Customer payments;

All associated costs will be passed on (bank commissions, PayPal/Stripe penalties, administrative expenses);

ClassOnLive can retain pending payments as guarantee.

Security Reserve

In case of disputes reiteration, fraudulent activity or high chargebacks volume, ClassOnLive can suspend or cancel account definitively.

ClassOnLive reserves right to temporarily retain Customer payments or income when reasonable fraud indications exist, high volume of disputes, non-compliances or legal or financial risks.

Such retention can be maintained during necessary time to manage risk or until detected incidents resolution.

ClassOnLive can retain totally or partially income generated by Customer (hereinafter, "Security Reserve") when:

Risk of chargebacks, returns or claims exists;

Unusual or suspicious activity is detected;

Customer is new or does not have sufficient history;

Payment providers or applicable regulation require it.

Security Reserve can be maintained during reasonable period, even after account cancellation, with end of covering possible responsibilities, returns or associated costs.

Exoneration and indemnification

Customer acknowledges, in own name and Authorized Users, and accepts that is sole responsible for compliance of all fiscal obligations derived from activity, including relative to:

VAT in European Union (including OSS);

Sales Tax in United States;

Indirect taxes in Latin America;

Any other applicable fiscal obligation.

Consequently, Customer undertakes to defend, indemnify and hold ClassOnLive harmless against any claim, sanction, cost, interest or responsibility derived from:

Incorrect application or calculation of taxes;

Non-compliance of fiscal obligations;

Lack of registration in applicable fiscal regimes;

Errors in student localization determination.

To maximum extent permitted by applicable legislation, ClassOnLive will not be responsible, in any case, to supervise nor guarantee compliance of such fiscal obligations.

To maximum extent permitted by applicable legislation, ClassOnLive will not be responsible for indirect damages, loss of profits, income loss, data loss, customers loss, reputational damage or any other damage of consequential character derived from use or inability of use of Service.

Total responsibility of ClassOnLive before User for any claim derived or related with Service use, whether contractual or extra-contractual, will remain limited to total amount effectively paid by User to ClassOnLive during last twelve (12) months immediately prior to fact that originates claim.

In case of Users who use Service in free modality, total responsibility of ClassOnLive will be limited, in any case, to maximum of one hundred euros (€100).

Previous limitations will not be of application in cases where current legislation does not permit exclusion or limitation, in particular in cases of fraud or grave negligence by ClassOnLive, nor will affect rights that assist consumers according to consumer and user protection regulation applicable.

Likewise, To maximum extent permitted by applicable legislation, ClassOnLive will not be responsible for:

Content published by Customers, nor their legality, veracity or quality;

Relationships, transactions or conflicts between Customers and Students;

Legal, fiscal or contractual non-compliances of Customers;

Incidents derived from third-party services (including, among others, payment gateways like Stripe or PayPal);

Technical failures, service interruptions, data loss or unauthorized accesses, when these are due to causes outside its reasonable control or force majeure cases.

These Terms and any rights and licenses granted in this document, may not be transferred or assigned by you, but may be assigned by ClassOnLive without restriction.

To maximum extent permitted by applicable legislation, ClassOnLive will not be responsible, in any case, for indirect, incidental, special, punitive or consequential damages, including, without limitation:

- loss of profits;

- income loss;

- customer or business loss;

- data loss;

- activity interruption;

- reputational damage;

- service substitution costs.

User acknowledges that Service use is performed under own responsibility and that ClassOnLive does not guarantee specific results derived from Platform use.

Likewise, ClassOnLive will not be responsible for damages derived from:

third-party actions (including payment providers like PayPal or Stripe);

telecommunications network failures;

User or Authorized Users errors;

content published by Customers.

These limitations will result of application even in case ClassOnLive has been warned of possibility of such damages.

Customer undertakes to use Platform in accordance with applicable regulation in matter of money laundering prevention, counter-terrorist financing, fraud and illicit activities.

It is expressly prohibited to use Service to:

- channel funds of illicit origin;

- hide identity of real beneficiaries of transactions;

- perform fraudulent or simulated operations;

- evade regulatory or fiscal controls;

- market products or services prohibited by payment providers or applicable regulation.

ClassOnLive can, at any time and without prior notice:

- request additional information or Customer identification documentation (KYC);

- verify Customer economic activity;

- monitor transactions performed through Platform;

- suspend temporarily or definitively account;

- retain funds when reasonable indications of risk or irregular activity exist.

Customer undertakes to fully collaborate with any information requirement.

Refusal to facilitate such information or suspicious activities detection can lead to immediate account suspension or cancellation, without right to compensation.

Customer will be sole responsible of any non-compliance in this matter and undertakes to indemnify and hold ClassOnLive harmless against any sanction, claim or responsibility derived from activity.

Compliance with payment providers

Customer acknowledges and accepts that third-party payment gateways use (like PayPal or Stripe) implies compliance of respective terms and policies.

Any non-compliance can lead to limitation, retention or funds cancellation, without ClassOnLive being responsible for such actions.

These Terms will be governed and interpreted in accordance with Spanish legislation.

Parties agree that, prior to any judicial action interposition, they will attempt to resolve in good faith any controversy, claim or dispute derived from these Terms through direct negotiation during a minimum period of thirty (30) days from controversy written notification.

In case of not reaching amicable solution, parties agree to submit controversy to law arbitration administered by Madrid Arbitration Court (or equivalent institution), in accordance with current regulation at arbitration request moment.

Arbitration will be confidential, performed in Spanish language and will take place in Madrid, Spain.

However, ClassOnLive can resort to ordinary courts for defense of rights in intellectual property, debt collection or urgent cautionary measures.

In absence of arbitration submission or when legally not applicable, parties expressly submit to Madrid Courts and Tribunals, renouncing to any other jurisdiction that could correspond to them.