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Terms and Conditions for Vuela
Last Updated: September 4, 2024 iSocialWeb Marketing, S.L. with NIF B66582305, and registered office at Ctra Esplugues 47, esc. D 5-1, 08940 Cornellá de Llobregat, Barcelona, Spain, is the owner of Vuela, accessible through the URL: https://vuela.ai (hereinafter, Vuela). For any questions, concerns, or suggestions related to Vuela, we invite you to contact us via email at [email protected]. Below are the general provisions governing access to the page of the Holders, covering both the services and functionalities offered therein. This is without prejudice to the application of different conditions or possible modifications in the legal texts. It is recommended to read and review periodically, as changes to the conditions may occur. General Terms of Use 1. Identification of the Parties These General Terms of Use are agreed between the Holders and you, as the user, whether a natural or legal person, who voluntarily, freely, and gratuitously accesses Vuela. These conditions apply regardless of whether you choose to contract the services offered on the platform or not. 2. Minimum Age Access, registration, navigation, use, and contracting on Vuela are reserved for adults. By accessing or contracting its products, you responsibly declare that you meet this requirement. 3. Purpose of Vuela Vuela aims to provide users with an API for content generation in an agile and intelligent way. Additionally, information is provided about the functionalities offered by the Holders. Although access and navigation are free, contracting products involves payment and the acceptance of specific conditions. 4. User Obligations By accessing and navigating Vuela, as a User, you must: - Use the website diligently, correctly, and legally, respecting the current legislation, morality, good customs, and public order. - Periodically review these Terms and other applicable ones to stay informed about possible changes. - Review communications sent by Vuela, as they may contain important information. - Not use Vuela for commercial purposes, especially to collect information or content with the aim of competing with Vuela. - Not modify or attempt to modify in any way the appearance or functions of Vuela. - Not damage, disable, overload, or interfere in any way with the service or the network connected to it. - Refrain from actions that introduce computer viruses or other malicious elements intended to disrupt, destroy, or limit Vuela's functionalities. - Not apply reverse engineering techniques or decipher Vuela's source code. - Not perform actions that infringe the rights of the Holders or third parties, such as intellectual or industrial property rights. 5. Availability of Vuela Although the Holders work to improve and expand Vuela, its availability will depend on the circumstances and limitations in force at any given time. 6. Specific Contracting Conditions 6.1. Vuela Vuela markets its own products offered on the platform. 6.2. Identification of the Contracting Parties For the purposes of these Specific Conditions, the parties are understood as: Vuela, as the provider of technological products. The Client User, defined as any adult natural person interested in contracting Vuela's products and who completes all steps to voluntarily and freely contract the product license. From now on, when they are users of the website, they will be referred to as Users and if they are Contractors, they will be referred to as Clients. 6.3. Contracting Services between Professional and Clients To successfully complete a contract, the User must access the purchase section on the website and select the product of interest. Once the product is selected, the User will be asked to complete the required information and proceed to payment using the secure platforms of PayPal or credit/debit card. Once the payment is completed, the website will send an email to the User with their license number and a link to download the template immediately and automatically. 6.4. Specific Conditions established between Vuela and the Clients 6.4.1. Generalities The Specific Conditions are the terms that regulate the contracting of Vuela's services by the Clients and are accepted at the time the balance is recharged, and the content is generated by the User. Vuela is not responsible for the overall quality of the content. The Specific Conditions include: service features, pricing policies, cancellation, and other conditions established in each listing. 6.4.2. Pricing Policy The prices and characteristics of the services will depend on what is established by Vuela and will be those displayed at any given time on the website, forming part of the specific conditions of the contract. Any additional concept will be indicated on Vuela’s page, so Users will have access to it before starting the contracting procedure. Prices are shown in US Dollars. 6.4.3. Return Policy The exercise of the right to return by the User will be fully respected. To do so, they must request a refund within the first fourteen (14) days of the purchase. After this period, the User will lose their right to a refund in accordance with the General Law for the Defense of Consumers and Users. The refund request must be made through the contact form available on the website. If the Client has any problem arising from the Professional’s services on the platform, they may resort to the online dispute resolution system of the European Union, accessible at the following link: https://webgate.ec.europa.eu/odr/ 7. Disclaimer of Liability Vuela strives to keep the services and functions of the service available. However, upon accessing it, the display will be subject to the availability and limitations at that specific time. Despite the continuous efforts of the Holder to safeguard the platform's systems and content, using common Internet security standards, full protection against intrusions or data loss cannot be guaranteed. Likewise, the absence of viruses or other harmful elements on the platform or third-party websites cannot be assured, which could cause alterations in the Client's computer system, both at the software and hardware levels. In this regard, the Client acknowledges and understands that situations beyond Vuela's control may arise. Vuela may employ artificial intelligence that is not under the Holder's control for content generation. In this sense, the Holder assumes no responsibility, as it does not endorse or review the functions and content of such generated content. By using any content generated by Vuela, the Client does so at their own responsibility and risk, exonerating the Holder from any type of liability in this regard. Furthermore, Vuela disclaims any liability arising from improper use by Clients, as well as failure to comply with the obligations or commitments established in these conditions or others that may apply. 8. Intellectual and Industrial Property Rights All intellectual and industrial property rights related to Vuela and its contents, including programming, design, applications, graphics, codes, text, images, trademarks, trade names, distinctive signs, and other present elements, are the exclusive property of the Holder, who owns the Vuela brand or has the rights and/or sufficient authorizations for its exploitation. No rights are granted to the Client under the Use License for commercial purposes or purposes other than those provided in the previous section. This license does not imply the transfer of any intellectual or industrial property rights over Vuela or any content present on the platform. Intellectual property rights over its elements, including programming, design, applications, graphics, codes, text, or images, as well as the published contents and associated technology, are the exclusive property of Viral Point and Qubic Media, or they have the rights and necessary authorizations for their exploitation. Consequently, any reproduction, distribution, public communication, transformation, or other form of exploitation, even citing the sources, is prohibited without the prior, express, and written consent of the Holder or the exclusive holder of the affected rights. If you detect any infringement, please inform us via the email provided in the header. 9. Technical Support The User will be entitled to receive technical support seven (7) days a week. To communicate with Vuela, they can send an email to the support address [email protected], or use the support form available on the website. To ensure a quick and effective response to our users' problems, it is important that they collaborate by providing all relevant information necessary to resolve their issue. While we cannot guarantee a solution to all problems, we are committed to providing professional and responsible technical service. 10. Indemnification If Clients violate the applicable conditions, the Holder reserves the right to sanction them by preventing their access to Vuela and temporarily or indefinitely withdrawing any acquired license. The duration of the sanction will vary depending on the severity of the violation. It is important to note that the restriction of access will not generate any right to compensation under any circumstances. Any damage, loss, or cost (including legal fees and/or attorneys) resulting from a breach by the Client of these Conditions or any other applicable ones, which causes harm to Vuela, must be compensated by the responsible User. This includes any third-party claims arising from such breaches. 11. Modifications These Conditions are subject to modifications and/or updates at any time, without prior notice. Modifications will take effect upon their publication on Vuela, regardless of the medium and form used for it. These modifications will only affect Clients who have accepted them after the modification date. 12. Other Matters 12.1. Safeguard and Interpretation If any provision of these conditions is declared illegal, invalid, or unenforceable by the competent Authority, it will be interpreted as closely as possible to the original intent of that provision. Such a declaration will not affect the validity of the remaining clauses in any case.