1. Identification
• OWNER: ProFuturo Foundation
• REGISTERED OFFICE: Calle Gran Vía nº 28, 28013 Madrid
• N.I.F: G-87620134
• PUBLIC REGISTRATION: Registry of Foundations of State Competence with the assigned registration number 1856EDU.
• EMAIL: soporte@fundacionprofuturo.org
2. Introduction
This document constitutes the legal notice and terms of use of the ProFuturo Platform ("Notice"), a free portal of the ProFuturo Foundation, (hereafter “ProFuturo Foundation” or “ProFuturo”) for teachers (hereafter “Users”) who create, develop, and share educational experiences, spaces and resources.
The Platform is hosted at the URL school.profuturo.education (hereinafter, the “Platform”).
The ProFuturo Foundation is the sole and exclusive owner of the Platform, having obtained the corresponding licences for the intellectual and industrial property rights, image rights and any other analogous rights over the Platform and all the content offered on it. This includes, but is not limited to, photographs, illustrations, logos, brands, graphics, designs, interfaces, software or any other information or content included in the Platform as detailed in this Notice.
Accessing, browsing or using the Platform implies the express and unreserved acceptance of all the terms of this Notice, having the same validity and effectiveness as any contract entered into in writing and signed. In accordance with the above, this access, browsing and/or use confers on you the status of User and, consequently, you only have a non-exclusive right of use, within a strictly domestic environment and solely for the purpose of browsing the Platform in accordance with this Notice.
The ProFuturo Foundation reserves the right to modify the presentation, configuration and content of the Platform, as well as this Notice, at any time, so we recommend that the User consult it periodically to find out the applicable terms at any given time.
As a User, you undertake to make proper use of the Platform, in accordance with applicable laws, good faith, public order, traffic usage and this Notice, and shall be liable to the ProFuturo Foundation and to third parties for any damages that may be caused as a result of a breach of this obligation.
3. Description of the Platform
The Platform is made up of different sections to improve teacher training and education using a digital environment and includes educational content (hereinafter, ‘Educational Resources’) that have been developed, directly or through collaborators, by the ProFuturo Foundation. Users of the Platform also have access to a section called “Classroom Experiences” where they can upload their own educational content and/or customise the Educational Resources made available to them by ProFuturo on the Platform. The terms and conditions of use of both the Educational Resources and the content created by Users are detailed in section 5 ‘Intellectual and Industrial Property’ of this Notice.
The ProFuturo Platform has both an online version, which can be accessed through the URL school.profuturo.education, and an offline version, which can be installed on electronic devices after the corresponding licence has been granted by the ProFuturo Foundation, in those places where the ProFuturo Programme is being carried out. Access and usage conditions for the offline version may differ from those for the online version. This Notice will refer to the conditions that apply to one version or the other, as the case may be.
4. Personal Data Protection
ProFuturo Foundation, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation”, “GDPR”), in Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”) and in the implementing regulations, guarantees the security and confidentiality of the personal data provided upon using the Platform. If you want to know more about our data protection terms and conditions, please carefully read our "Privacy Notice".
5. Intellectual and industrial property rights
5.1. Rights over the Platform and its contents
ProFuturo Foundation is the original owner or assignee of all the rights recognised by the Intellectual and Industrial Property regulations, as well as any other analogous rights, of the contents shown on the Platform, including but not limited to all the elements that make up the visual appearance, features, sensory stimuli (including the “look and feel”), images, photographs, graphics, texts, audiovisual content, sounds, domain name, brands, designs and all the software elements and/or any other elements and/or signs that are presented there. On no account will it be understood that mere access or browsing of the Platform, as well as the installation of the offline version of the Platform on the User's systems or devices, entails the assignment or waiving of the said rights, unless the contrary is expressly established.
In general, with the exceptions stipulated in this Notice, all Intellectual and Industrial Property rights and any other analogous rights over the Platform are reserved and, in particular, the reproduction, modification, distribution by any means and in any form, copying, transformation and/or public communication, including making available, of all or part of the contents displayed on the Platform is prohibited without the prior written authorisation of ProFuturo Foundation or, where applicable, the holder of the corresponding rights.
In accordance with this Notice, the ProFuturo Foundation only grants the User a limited, non-transferable, revocable, non-sublicensable and non-exclusive licence to:
a) In the online version, access to and use of the Platform;
b) In the offline version, to install, access and use the Platform offline on the User's personal hardware device.
Any right not expressly granted will be reserved by the ProFuturo Foundation. In particular, neither the use of the Platform nor the acceptance of the Notice implies the transfer or granting of any right: (i) in relation to the contents or the Platform in general, except for the aforementioned licence; or (ii) to use or mention in any way the names of companies, logos, names of products and services, trademarks or other elements of a similar nature, except in those cases in which the ProFuturo Foundation expressly grants such rights.
Consequently, the User undertakes to maintain the integrity of each and every one of the materials and features of the Platform.
Regardless of whether the User accesses the online or offline version of the Platform, the same restrictions will apply, which are detailed below and will be interpreted according to the context of use and access of each version. Accordingly, the User, as well as any third party, shall be restricted in particular, without limitation, from carrying out the following actions: (i) reproducing, modifying, creating derivative works, distributing, licensing, transmitting, participating in the transfer or sale, or exploiting in any way the Platform and/or its contents, when not expressly permitted by the ProFuturo Foundation; (ii) decompile or reverse engineer the Platform; (iii) link to, mirror or frame any part of the Platform and/or its contents; (iv) deploy or launch any type of programme to perform any action related to data mining or actions aimed at damaging the operability and functionality of the Platform; and (v) remove, modify or any similar action aimed at removing, modifying or altering attributions of authorship, trademark legends and copyright notices, nor the rights of the ProFuturo Foundation over its registered trademark(s), the Platform or its contents, or those of any third party.
The unauthorized use of the contents of the Platform, as well as the transfer of the ProFuturo Foundation’s Intellectual Property rights, will give rise to the legally established liabilities. ProFuturo Foundation undertakes to ensure compliance with the above legal conditions, as well as the proper use of the Educational Resources that comprise the Platform.
Furthermore, no content on the Platform may be modified, copied, distributed, formatted, reproduced, reused, downloaded, extracted, displayed, transmitted or sold in any way by any means, in whole or in part, without the prior written consent of the ProFuturo Foundation or its legitimate owner.
In general and exceptionally, the right of partial reproduction of the content of the Platform is granted under the following conditions:
a) That it must be compatible with the purposes of the Platform.
b) That it must not be carried out for profit or commercial purposes.
c) That none of the related documents or graphics on the Platform is used, copied, or distributed separately from the text or images that accompany it.
d) That it be previously communicated to ProFuturo Foundation and its express consent is obtained.
5.2 Teacher Training: using the Educational Resources
The following terms shall apply to the use of the Educational Resources available on the Platform, in the "Teacher Training" section, in addition to the terms set out above:
a) The mere access of the User to the Educational Resources does not imply a transfer of rights by ProFuturo Foundation in favour of the User, and ProFuturo Foundation maintains all rights, specifically of reproduction, distribution, transformation and/or public communication, including making them available, as defined in the applicable intellectual property law.
b) The User may make use of the Educational Resources on the Platform itself solely for educational purposes and respecting at all times the authorship of ProFuturo Foundation. The use of the Educational Resources for commercial or similar purposes is strictly forbidden, and they may only be used for educational purposes and in the User's private sphere.
c) Removing or manipulating the copyright indications or any other credit that identifies the holders of the rights to the contents of the Platform, as well as the technical protection devices, digital prints or any protection mechanism or information incorporated into the Platform is prohibited.
d) ProFuturo Foundation has the exclusive right to transfer the use rights over its Educational Resources, as well as to decide on the use that a third party may make of them.
e) Users, when registering for the Courses, can add materials as part of their participation in the Courses, for review by the tutor and subsequent assessment. These materials are only visible to the User and the tutor assigned to the Course in question. The applicable rights regime for these materials is as set out in section 5.2.2. below.
5.3 User-supplied content.
In the event that the User sends information of any kind to the ProFuturo Foundation through any of the channels provided for this purpose, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any Intellectual or Industrial Property Rights, trade secrets or any other third-party rights, and that said information is not confidential in nature nor is it harmful to third parties.
Regarding said content, unless it constitutes educational content regulated by section 5.4 below, the User grants ProFuturo Foundation a non-exclusive, transferable, sublicensable, perpetual and worldwide licence to use said content in the context of the activity carried out by ProFuturo Foundation.
The User recognises that they assume responsibility, holding ProFuturo Foundation harmless for any communication that they provide personally or on their behalf, with this responsibility including, without limitation, the accuracy, legality, originality, legitimacy and ownership of the communication.
5.4 Classroom Experience
The educational contents available in the Classroom Experiences section are categorised, among others, according to their authorship:
5.4.1 Author - "ProFuturo”
The User will find in this section the ProFuturo Educational Resources, to which the same terms and scope of use regulated in the previous section 5.2 apply, with the specifications contained below.
Users may make minor customisations to the Educational Resources, which do not imply the exercise of the right of transformation held by ProFuturo Foundation and do not imply the creation of new rights in favour of the User. Customisations made by Users will only be available in the class groups they can create within the Classroom Experiences section, and cannot be viewed/used by other Users.
5.4.2 Author - "Others”
In addition to the customisations of the Educational Resources specified in the previous section, Users can upload their own educational content through the different publishing tools available on the Platform. In the online version of the Platform, this content will be published under a Creative Commons licence, under the terms of the "Attribution - Non-Commercial - Share Alike (by-nc-sa) 4.0” which allows the use of possible derivative works, the distribution of which must be made under a licence equal to that governing the original work. The conditions for this licence can be found at https://creativecommons.org/licenses/by-nc-sa/4.0/. In the offline version, these contributions will only be visible to the User, and therefore no rights will be transferred to ProFuturo Foundation, nor shall ProFuturo Foundation be held liable for their content.
The User is solely responsible for the contributions that he/she uploads to the Platform. In this sense, the User guarantees that he/she has all the Intellectual Property Rights over the contributions that he/she uploads to the platform, holding ProFuturo harmless from any communication and/or material that he/she provides personally or in his/her name, with said responsibility reaching without any restriction the accuracy, legality, originality and ownership of the same.
Whatever the case, the publication, sharing or linking of content is strictly prohibited:
· That may be considered a violation in any way of the fundamental rights to honour, to personal and family privacy or to the image of third parties and, especially, of minors or vulnerable persons;
· That collects images or personal data of third parties without having obtained the appropriate consent of their owners;
· That violate the secrecy of communications or that involve an infringement of Intellectual and Industrial Property Rights or of the regulations governing the protection of personal data;
· That they are illegal, abusive, defamatory, denigratory, racist, discriminatory (whether based on race, religion, gender, nationality, sexual orientation or identity, or any other personal, physical, political or cultural circumstance), deceptive, fraudulent or in any way contrary to morality or public order;
· That constitute child pornography or bestiality, promote paedophilia or any related role;
· That contain ‘spam’ and/or links to sites unrelated to the Platform; and
· That include advertising or commercial communications, for the sending of messages for advertising purposes or for the collection of data for the same purpose.
The User recognises and guarantees that they are the holder of all rights to the content they publish on the Platform, and that this content is fully compliant with the legal system and does not infringe or undermine the rights of third parties, including image rights, and will not entail any additional cost and/or expense for the ProFuturo Foundation, and that the User in question is entitled to dispose of it freely. Likewise, they guarantee that the content they publish is not confidential and is not harmful to third parties and that, therefore, they can grant ProFuturo the Creative Commons licence mentioned in the previous paragraph.
If the User or any third party becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of Intellectual and/or Industrial Property Rights, they must immediately notify the ProFuturo Foundation via the email address soporte@fundacionprofuturo.org so that it can proceed to adopt the appropriate measures. This communication must contain, unless it is impossible to include this data or information for justified reasons:
- Identifying details and contact details of the claimant or their legal representative.
- Documentation accrediting their status as the holder of the allegedly infringed rights.
- A detailed account of the rights allegedly infringed by the ProFuturo Foundation, as well as their exact location on the Platform.
- Express declaration by the claimant that the use of the contents has been carried out without the consent of the owner of the rights allegedly infringed.
5.5 Virtual Communities
The Virtual Community is a space designed for Users of the ProFuturo Foundation Platform to share high-quality digital Educational Resources, knowledge, innovative methodologies, reflections and experiences and to foster continuous growth in teacher training and practice. This Virtual Community will only be accessible online.
By using the Virtual Community, you expressly and unreservedly accept this Notice, which has the same validity and effectiveness as any written and signed contract.
5.5.1 Sections
The ProFuturo Foundation Virtual Community is made up of several sections with free access for all Users and profiles of the Virtual Community that comply with this Notice and with the Rules of Use of the Virtual Community defined in section 4.3.
For informative purposes and without prejudice to the possible variations that said contents and/or sections of the Virtual Community may undergo, it is made up of:
a) Communities
This section allows the User to visualise the active communities on the platform. Each community is a space dedicated to a specific topic or interest, where Users can interact and share content. Similarly, the Virtual Community is made up of several types of Community.
Types of Communities:
· Open Communities: These are freely accessible to all Users registered on the Platform. Any User can join and participate without prior approval.
· Closed Communities: Access to these communities is restricted. Users must request access, which must be expressly granted by a Moderator Profile (under the terms defined in section 4.2 of this Notice). This control ensures that only approved members can participate and view the content within these communities.
b) What’s going on?
In this section, the User of the Virtual Community will be able to access the different updates of the Virtual Communities in which they are duly registered. These updates will serve as a reminder, so that teachers can keep up to date with all the activities and/or events that take place in the Virtual Community in which they are registered.
The User will only be informed of updates to the Virtual Communities in which they are registered. They will not receive updates from the rest of the Platform's Virtual Communities, and to do so they must register appropriately in the Virtual Community in question.
c) Topics you follow
The User will also receive information about all the topics in each Virtual Community that they identify as being of interest to them.
As with the section ‘What's going on?’, the User will only receive updates on those topics that they expressly identify as being of interest to them.
d) People you follow
This section shows the updates and activities of the people that the User follows within the Virtual Community. It allows the User to keep up to date with the contributions and publications of other members of the community that they consider relevant or interesting.
e) Events
In this section, the User will be able to access a calendar that breaks down all accepted events. This may include webinars, meetings, conferences and other special events organised by the communities or the platform itself. Users can view event details, register and participate as appropriate.
Events can only be generated by the Moderators Profile.
5.5.2 Profiles
a) Moderator profile
ProFuturo Foundation cannot control the content published, shared or linked to by Users on the Platform and assumes no responsibility in this respect. Notwithstanding the above, for the purposes of managing the Virtual Community, ProFuturo will designate a ‘moderator profile’ which will carry out, among other things, a series of functions involving the supervision and/or moderation of any content published by Users and, in the event that it violates this Notice or the Virtual Community's Rules of Use, the editing or deletion of said content, as appropriate.
Together with the functions of supervision and/or moderation of the Virtual Community, the Moderator Profile will ensure the proper functioning of the Virtual Community. Among the supervisory functions of the Virtual Community Moderator Profile is the ability to manage exact compliance with the Rules of Use in section 4.3 of this Notice. This authorisation allows the Moderator Profile, among other things, to block access to the Virtual Communities to Users who fail to comply with these Rules of Use. This measure may be taken independently of the breach of any other applicable obligation that may be necessary to guarantee the correct use of the Platform.
Users must comply with all the rules established in section 4.3, as well as any other obligations of this Legal Notice, which are designed to maintain a safe, respectful and constructive environment within the Virtual Communities. The Rules of Use include, but are not limited to, not posting content that is offensive, illegal, or that infringes copyright; behaving respectfully towards other Users; and not engaging in activities that could damage the integrity and security of the platform.
The Moderator Profile supervises and monitors activities within the Virtual Communities to ensure compliance with the Rules of Use. In case of non-compliance with the Rules of Use, the Moderator Profile has the authority to block access to the Virtual Communities to the offending User. This action can be carried out without prior warning and independently of the fulfilment of other obligations that the User may have on the platform. In addition to blocking access, the Moderator can take other measures necessary to ensure the correct use of the platform, including the elimination of inappropriate content and the temporary or permanent suspension of the User's access.
Notwithstanding the foregoing, the ProFuturo Foundation provides its Users with a channel through which they may communicate and inform the Foundation of the existence of any content that Users consider to be contrary to the law or that violates the legitimate rights of third parties.
If the User becomes aware of any of the above circumstances, they must immediately inform the ProFuturo Foundation so that it can review the reported content and, if necessary, proceed to its removal or disabling, by writing to the email address soporte@fundacionprofuturo.org.
5.5.3 Virtual Community Rules of Use.
Users are not permitted to access or use the Virtual Community for illegal or unauthorised purposes, with or without economic gain, and therefore assume sole responsibility for the consequences of such actions. In particular, and without the following list being exhaustive, the following is prohibited:
a) Failing to verify the legal age of any person who appears in the content that they publish or link to and obtain written and signed consent warning of the nature of the content and that it may be disseminated worldwide;
b) Harassing other Users or teachers or inferring any action that may cause harm to other Users;
c) Impersonating another person or falsifying the information available in the profile in order to appear to be another User;
d) Publishing private information that allows someone to identify the User's location or deduce how to contact him or her or his or her relatives outside the Platform. The aim of this measure is to avoid harassment and even physical encounters with malicious people;
e) Using the Virtual Community to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic or obscene nature, or which is threatening or which may cause offence to any person;
f) Using the Virtual Community illegally, contrary to good faith, morality and public order;
g) Accessing or registering in the Virtual Community with a false identity, supplanting third parties or using a profile or carrying out any other action which may confuse other teachers with regard to the identity of the origin of a message;
h) Gaining unauthorised access to any section of the Virtual Community, to other systems or networks connected to the Virtual Community, to any ProFuturo server, or to the services offered through the Virtual Community, by means of hacking or falsification, extraction of passwords or any other illegitimate means; and
i) Impeding the normal development of an event, competition, promotion or any other activity available through the Virtual Community or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation of the same, or falsifying the result of the same and/or using fraudulent participation methods, by means of any procedure, and/or through any practice that violates or infringes in any way this Notice.
Failure by the User to comply with any of the above obligations may lead to ProFuturo adopting the necessary measures, which may include the removal of or blocking access to the Virtual Community and/or the Platform, without giving the User the right to any compensation. Notwithstanding the above, ProFuturo will in all cases inform Users who have been banned from the site of the decision taken, as well as the reasons for said decision, unless this is not possible for reasons of confidentiality or due to legal or judicial requirements.
Furthermore, if the User finds any information or content in the Virtual Community that may be inappropriate, contrary to current regulations, or contrary to the conditions set out in the Virtual Community, please inform ProFuturo immediately through the various means provided for this purpose.
6. Use of the Virtual Assistant (Dora)
6.1 Introduction
This section regulates the use of the virtual assistant Dora (hereinafter, "Dora") available on the ProFuturo Platform, developed to provide automated and personalized assistance to Users.
6.2. Operation and Use of Artificial Intelligence
Dora has been designed and implemented within the Platform using generative artificial intelligence technology. Its main function is to assist Platform Users with tasks related to navigation, use of the Platform, and understanding educational content. Dora is integrated in a way that allows secure and controlled access to the data available in the Platform, such as the list of courses, certificates, materials, activities, deadlines, and User interaction records, always within the limits of the assigned permissions.
Dora does not access external information or perform searches outside the Platform environment. It processes only the information available on the Platform to offer personalized, accurate, and relevant responses, such as explanations of concepts, task reminders, or help locating educational resources. Data interpretation is carried out through natural language processing (NLP), ensuring smooth interaction in human language.
The data that the User enters in conversations with Dora is used exclusively to generate real-time responses and improve the quality of the interaction. Conversations are stored to enhance the interaction process with Dora and evaluate its efficiency.
6.3. Limitation of Liability
Dora is an artificial intelligence-based virtual assistant tool that provides automated responses based on the information available on the Platform. It does not guarantee the accuracy, completeness, or timeliness of the information provided. Fundación ProFuturo is not responsible for decisions made based on the information provided by Dora.
6.4. Proper Use
The User agrees to use Dora ethically and in accordance with current regulations. It is prohibited to use Dora for illegal, offensive, or rights-infringing queries.
6.5. Privacy and Data Protection
The use of Dora by the User may involve the collection and processing of personal data in accordance with our Privacy Notice. It is recommended not to share sensitive or confidential information through Dora's chat.
6.6. Modifications and Updates
Fundación ProFuturo reserves the right to modify or update Dora's operation, without prior notice, to adapt it to regulatory changes or service improvements.
6.7. Contact
For any questions or clarifications about the use of Dora, you can contact our team at soporte@fundacionprofuturo.org.
7. Links to third party content
The Platform may include links or references to other web pages made available on the Platform through different buttons, links, banners or embedded content. ProFuturo Foundation states that these are directly managed by third parties, the former lacking the human and technical means to previously know and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Platform. Access to and/or use of such third-party sites is entirely and exclusively the responsibility of the User.
Consequently, the ProFuturo Foundation cannot assume any type of responsibility for any aspect or content of the Platform or website to which a link may be established, specifically, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
In this sense, if the User has effective knowledge that the activities carried out through these third-party web pages are illegal, contravene morality and/or public order, or are contrary to the aims and objectives of ProFuturo, they must immediately notify the ProFuturo Foundation under the terms established in section 5.2.2, “Author “Others””, so that the link providing access to them can be disabled, an action that will be carried out seeking the best solution for the interests involved.
In any case, the establishment of any type of link from the Platform to another external website will not imply that there is any kind of relationship, collaboration or dependence between ProFuturo Foundation and the person responsible for said external website.
7. Access and registration on the Platform
To use the Platform, you must register on the Platform, which will provide you with a username and password. Registration can be done either independently by the User, by accessing the registration page, or by receiving an invitation from the Platform administrators in your email, by clicking on the link that will take you to the registration form. In this registration process, we will ask you for your login details and some basic personal data. By accessing the Platform, you declare that you have read and accepted the present conditions, as well as the Privacy Notice. The personal data provided in the registration process will be processed in accordance with the terms and conditions specified in the Privacy Notice.
To create a user account on the Platform and access our services, which are limited to educational use, you must be at least 18 years old except in the cases indicated in the section “Tutor/management role”. By registering on the Platform, you declare that you meet this requirement and are able to understand, accept and comply with the access terms and conditions. ProFuturo Foundation may request information from you at any time to prove your real age by asking you to provide us with a photocopy of your ID card or equivalent document. ProFuturo Foundation reserves the right to block or cancel your profile if such information is not provided to us within the time period indicated in your request.
7.1.1 Registered user cancellation
Just as the User can register by following the instructions indicated above and meeting the conditions described, they can also request to cancel their registration from the Platform at any time by sending an email to the following email address: protecciondedatos@fundacionprofuturo.org, with the subject “Cancel ProFuturo Platform user” and indicating in the body of the message the email address with which they are registered on the Platform. When the cancellation is processed, your profile will be deleted, as well as the information visible to other Users.
The deletion of this data guarantees compliance with the ProFuturo Foundation's data protection policy.
The ProFuturo Foundation reserves the right to refuse, at its discretion, any new registration by the User in the event that the cancellation has occurred for any of the reasons described in section 9: “Operation and Rules of Use of the Platform”.
7.1.2 Password
When you register as a User, you will have to choose some login details. Every time you want to enter the network, the system will ask you for these details to authenticate yourself, and the User will be responsible for all actions carried out with their username and password.
· ProFuturo is not responsible for the safekeeping of these credentials, nor for their use by a third party without your consent.
· ProFuturo may restrict the use of certain usernames that violate the rights of third parties, as well as those that are offensive or pejorative, denigrating, or that go against morality and decency.
The password associated with the User account will be personal and non-transferable, and must be generated in accordance with the rules of strength and complexity established on the Platform at all times. If the User selects a password that does not meet the minimum requirements, they will be notified and must select another one that does comply.
When creating their user account, the User agrees to use it diligently and to keep their password secret, not transmitting or revealing it to any third party, not even to the ProFuturo Foundation or any supplier.
The User shall be responsible for the adequate custody and confidentiality of any account to which they have access and for any activity that occurs in said account, as well as for the illicit use of the Platform by any illegitimate third party who accesses it using their password. The User must notify us immediately of any unauthorised access or use of their account. ProFuturo Foundation will not be responsible for any loss due to stolen or hacked passwords. We do not have access to the passwords of the Users of our Platform and, for security reasons, we may only provide instructions on how to reset the password.
In any case, the Platform has the necessary features to allow any User to change their password whenever they consider it appropriate, for example, in the event of suspicion or confirmation that the confidentiality of the password has been breached.
We reserve the right to deactivate any User's access credentials at any time if, in our reasonable opinion, the User in question has not complied with any of the provisions of the terms and conditions of the Notice, as applicable, or of any other document or binding legal text within the scope of the Platform.
Tutor/management role
If, as a User, you have been appointed to participate as a Tutor/Manager of the courses offered on the Platform, you will have access to the following information:
· Users enrolled in the courses you have been assigned as a tutor.
· Progress and performance of Users in the courses.
· Direct communication with Users to resolve doubts and/or comments regarding the courses.
Note: If ProFuturo becomes aware that a minor under the age of 18 is registered as a User of the Platform App, we will block and/or delete their User profile, except in the following circumstance:
Users may invite under-age students to the groups they create within the Platform, in order to provide the corresponding training. The under-age User will enter the Platform as an anonymous user, in order to preserve his/her privacy, and will only have the right to access the content that the User shares in the class group in which he/she has been included, without being able to access the rest of the content available on the Platform for Users.
8. Restricting Platform access
At its sole discretion and at any time, ProFuturo Foundation may, temporarily or permanently, discontinue access and/or service to the Platform. This can be done without notice and, by agreeing to these terms and conditions when registering, you agree to the deactivation of your Platform accounts and profiles, in this case. ProFuturo Foundation shall not be liable to third parties or the User for termination or suspension of access or modification of access for the reasons stated above.
In particular, if a User breaches this Notice or any other applicable provision, document or legal text within the framework of the Platform, ProFuturo Foundation shall be entitled to suspend or restrict their use of the Platform, including cancelling the assigned User, and such actions shall not entitle the User to any type of compensation. Likewise, ProFuturo Foundation may inform and collaborate with the competent authorities in cases where any infringement of the applicable law is detected or if there is any suspicion that any User has committed any crime.
Failure to take action against a User who breaches any of the provisions established in the Notice shall in no way imply a waiver of the rights of the ProFuturo Foundation with respect to said breach, and the Foundation may make use of and exercise its rights and resources in any other situation in which this Notice or any other applicable conditions are breached.
9. Operation and rules of use of the Platform
ProFuturo Foundation reserves the right to perform, at any time and without prior notification, modifications and updates of the information contained on its Platform, or the configuration and presentation thereof.
Accessing or using the Platform for illegal or unauthorised purposes, with or without economic gain, is not permitted and, therefore, the consequences will be your sole responsibility. In particular, and without the following list being absolute, it is prohibited to:
· Use the Platform in any way that could cause damage, interruptions, inefficiencies or defects in its operation or in third-party devices;
· Use the Platform to transmit, install or publish any virus, trojan, worm, logic bomb, malicious code or other harmful programs or files;
· Breach, or attempt to breach, the security measures of the Platform or any network connected to it, or the security or protection measures inherent in the content offered on it;
· Using the Platform to transmit material for advertising or promotional purposes, including spam, chain emails or similar;
· Use the Platform in a way that violates the rights of the ProFuturo Foundation or any third party;
· Use the Platform to transmit or publish any material that is defamatory, offensive, racist, vulgar, degrading, pornographic, obscene or threatening in nature, or that may upset, harm or merely affect any person;
· Use the Platform to engage in illicit, illegal activities;
· Use the Platform to collect personal data from other users;
· Use the Platform without training to do so or illegally, against good faith, morality and public order or against the contractual spirit of this Notice and the usual activities of the ProFuturo Foundation provided through it;
· Use the Platform to try to access and, where appropriate, use the accounts of other users and modify or manipulate their messages;
· Access without authorisation any section of the Platform, other systems or networks connected to it, any ProFuturo Foundation server or the services offered through the Platform by means of hacking or falsification, extraction of passwords or any other illegitimate means;
· Take any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of Fundación ProFuturo, as well as in the systems and networks connected to the Platform itself; and
· Prevent the normal development of any activity, in a broad sense, with or without profit motive, that ProFuturo Foundation or third parties carry out on the Platform or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of the former, or by falsifying the result of the same and/or using fraudulent participation methods, by any procedure.
Failure by the User to comply with any of the above obligations may result in the adoption by the ProFuturo Foundation of the appropriate measures protected by law in the exercise of its rights or obligations.
ProFuturo Foundation reserves the right to remove all comments and contributions that violate respect for personal dignity, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or children, public order or security, or that, in its opinion, are not appropriate for publication. In any case, ProFuturo will not be responsible for the opinions expressed by Users through the forums or other participation tools.
As for the offline version, the ProFuturo Foundation does not assume any responsibility for the content made available in the offline version or for its reproduction, display or showing on any devices. Likewise, the User shall hold ProFuturo Foundation harmless in all cases with regard to compliance with applicable legislation regarding the reproduction of the content and, in particular, declares to assume any responsibilities that may arise from said reproduction and/or exhibition of the content in any countries or states where Spanish legislation does not apply.
9.1.1 Consequences of non-compliance
Users who fail to comply with these prohibitions and/or rules of conduct will be liable for any claims that may arise as a result. Even if no claim is made by a third party, the ProFuturo Foundation reserves the right to take the appropriate measures protected by law in the exercise of its rights and obligations. These measures may include, in particular, the suspension of the User's access to the Platform or the possibility of participating in the spaces provided therein, without the User being able to claim any compensation for the damages caused.
ProFuturo Foundation cannot control the content published by Users on the Platform and assumes no responsibility for such materials or content. However, ProFuturo Foundation reserves the right to supervise and/or moderate any content published by Users and, in the event that it violates this Notice or any of the legal texts of the Platform, to edit or delete it. To this end, ProFuturo Foundation may, at its discretion, implement technical measures or use material or human resources to carry out periodic checks of the content published on the Platform by Users, without this implying an assumption of responsibility on the part of ProFuturo Foundation beyond that which is recognised by current regulations.
10 Updates
The Platform is periodically reviewed and may undergo modifications with respect to its content, appearance, functionalities, etc. The versions of the Platform may not be the same in the online and offline versions, since the update is executed immediately in the online version and the update of the offline version requires a more complex process and a connection to the devices where it is installed.
11 Termination
In addition to the cases expressly provided for in this Notice, ProFuturo Foundation reserves the right to interrupt and/or cease access to and use of the Platform, including the training calls made on the Platform, for any reason, without prior notice to the User of this decision, and the User accepts that ProFuturo Foundation shall not be held liable and the former shall not be entitled to any compensation for such interruption and/or cessation.
12 Responsibilities and Guarantees
ProFuturo Foundation cannot guarantee the reliability, usefulness, relevance or veracity of absolutely all the information and/or services on the Platform, especially those provided or published by third parties.
Consequently, ProFuturo does not guarantee and is not responsible for:
· the veracity and continuity of the Platform's contents;
· the absence of errors in said contents or in the files or documents stored therein;
· a malfunction of the browser or the use of outdated versions thereof;
· the absence of viruses, Trojans, worms, logic bombs and/or other malicious or technologically harmful components on the Platform or on the server that supplies it;
· damage caused to the computer equipment of users or third parties during the provision of the Platform service;
· the invulnerability of the Platform and/or the impossibility of violating the security measures adopted therein;
· the lack of usefulness or performance of the contents of the Platform;
· failures of the Platform caused by any type of attack on its servers or those of third-party providers, as well as failures or disconnections in telecommunications networks that produce the suspension, cancellation or interruption of the service during or prior to its provision;
· security errors that may occur or possible damage that may be caused to the User's computer system (hardware and software);
· errors or faults in the offline version of the Platform;
· any technical failure of any kind that hinders, delays or prevents the proper functioning of the Platform; and
· damage or harm caused to themselves or to a third party by any person who violates the conditions, rules and instructions established by the ProFuturo Foundation in relation to the Platform or through the violation of its security systems.
However, the ProFuturo Foundation declares that it has adopted all the necessary measures, within its possibilities and the current state of technology, to guarantee the functioning of the Platform and to avoid the existence and transmission of viruses, and to minimise system errors, both from a technical point of view and in relation to the content published by us on the Platform.
ProFuturo Foundation does not guarantee the absence of errors in access to the Platform or in its content, nor that it is up to date, although it will make every effort to avoid, correct or update them where necessary.
Both access to the Platform and the use that may be made of the information contained therein is the sole responsibility of the person accessing it. The ProFuturo Foundation reserves the right to deny or withdraw access to the Platform and/or the content and services offered therein, without prior notice, to those Users who fail to comply with this Legal Notice.
In particular, in the offline version of the Platform, given its nature, ProFuturo Foundation does not have the capacity to limit and control access to it once it has been installed on the corresponding devices. For this reason, the ProFuturo Foundation is not responsible for its operation once the corresponding licence has been installed and activated on the device from which the Platform is accessed. If, as a User, you detect any incident in the offline version, please contact the organisation you work for and/or collaborate with so that they can provide you with the corresponding support.
13. Indemnity
The User agrees to indemnify, defend and hold ProFuturo Foundation and its directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorneys' fees arising from claims and lawsuits or proceedings for defamation, fraud, libel, copyright and trademark infringement, as well as all other claims arising from: (a) your use of the Platform in violation of this Notice; (b) your violation of any law or third-party right; (c) the information or content you post or make available through the Platform, including, without limitation, any claim for infringement or misappropriation of intellectual and industrial property; (d) the functioning of third-party websites made available through links on the Platform or (e) any other reason arising from your relationship with the ProFuturo Foundation. The User also agrees to indemnify ProFuturo for any legal fees incurred by acting reasonably to investigate or enforce their rights under this Notice.
However, and notwithstanding anything to the contrary in this document, in no case shall ProFuturo Foundation be liable to the User or any third party for any special, incidental, indirect or consequential damages, damages for loss of use, data or profits, or the cost of acquiring substitute goods or services, arising out of or in connection with these Terms and Conditions of Use or any agreement between the parties.
The User undertakes to comply with their legal and contractual obligations arising from this document and will be liable for any infringements that they may personally commit, holding the ProFuturo Foundation harmless against any error, fault or negligence that is not attributable to them, as well as any damages arising from such infringements or errors.
14. Confidentiality
ProFuturo Foundation is the sole owner of the confidential information and trade secrets relating to its products and activities.
The obligation of confidentiality extends to all confidential information and processes, documents, business, clients, operations, facilities, accounts, finances, transactions, know-how, or any other aspect related to the activity of the ProFuturo Foundation, to the collaboration, and any other that has come to their knowledge on the occasion of the access, navigation or use of the Platform or with the formalisation of this Notice (hereinafter, “Confidential Information”). Likewise, they undertake not to communicate this Confidential Information to any other person or entity, and may not reproduce, use, sell, license, display, publish or disclose it in any way without the express authorisation of the ProFuturo Foundation.
The User recognises and accepts that said Confidential Information shall at all times be the property of the ProFuturo Foundation and that, insofar as the User is granted access to use the confidential information, this is limited to the framework of compliance and execution of this Notice, and for the purposes set out therein.
Without the prior written authorisation of the ProFuturo Foundation and unless authorised to do so by an express term of this Notice, the User may not transmit or disclose Confidential Information to any third party.
15. Miscellaneous
The headings of the different sections are merely informative and do not affect, qualify or encourage the interpretation of this Notice.
All clauses or points of this Notice shall be interpreted independently, and the rest of the clauses shall not be affected in the event that one of them has been declared null and void by a court judgement or final arbitration decision. The clause or clauses affected will be replaced by another or others that preserve the effects pursued by this document.
If any of the Conditions is rejected or declared ineffective by a competent court or regulator, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.
15.1 Full agreement
This Notice expresses in full the terms upon which the parties agree with respect to the subject matter hereof and supersedes or, as the case may be, replaces any prior agreements between the parties relating to the ProFuturo Platform.
15.2 Changes
ProFuturo Foundation reserves the right to modify and/or update this Notice at any time, which will be duly notified to you. If you do not accept the new conditions, you must inform ProFuturo Foundation and request the deletion of your user.
In any case, it will be considered that you expressly accept said modifications or updates if the User continues to use and/or access or browse the Platform after the entry into force of said modifications.
In the event that you accept them, the new conditions will fully replace the Notice in force up to that moment, beginning to take effect from its date of entry into force.
Notwithstanding the foregoing, this Notice may only be amended by written agreement signed by the parties.
15.3 Remedies and waivers
The failure to exercise or the untimely exercise of any right hereunder shall not be construed or operate as a waiver of such right.
No waiver of any rights, whether arising under this Notice or by Law, shall be effective unless in writing. The exercise or non-exercise of any other action shall not be construed as a tacit waiver.
Unless expressly provided otherwise, rights arising under this Notice do not exclude rights arising under the Law.
15.4 Assignment and transfer of this Notice
ProFuturo Foundation may freely transfer or assign any of its rights and/or delegate its obligations under this Notice. The User may not cede or assign, in whole or in part, to third parties, the exercise of the rights and/or obligations arising from this Notice, except with the prior written authorisation of ProFuturo Foundation.
15.5 Prevalence
This Notice is available in English, French, Spanish, Portuguese, Arabic and French. In case of contradiction or discrepancy, the Spanish version shall prevail.
15.6 Notifications
Notifications, requests and other communications necessary for the purposes of this Notice should be made to the following address:
Address: Calle Ronda de la Comunicación s/n Edificio Norte 3 Planta Baja, 28050 Madrid
E-mail: soporte@fundacionprofuturo.org
16 Applicable law and jurisdiction
The relations established between ProFuturo Foundation, as owner of the Platform, and the User, so long as no mandatory regulations of the User's country of residence provide otherwise, shall be governed by the provisions of Spanish Law and shall be subject to the Courts and Tribunals of the city of Madrid (Spain). In this case, the parties expressly waive any other jurisdiction to which they may be entitled.
Last updated: February 2025
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