1. Purpose

This document is for the purpose of establishing the General Conditions of Use for the internet Portal Wlingua.com.

Wlingua reserves the right to modify these General Conditions of Use in order to adapt them to the legislation in force at any given time.

The present General Conditions of Use do not exclude the possibility that certain Services of the Portal, due to their specific characteristics, may be subject, in addition to the General Conditions of Use, to their own specific conditions of use (hereinafter the Special Conditions).

The use by the User of any of the Portal Services implies their adherence and express acceptance of all of the General Conditions of Use in the version published on the Portal at the moment in which the User accesses the Portal, as well as the Special Conditions if they are applicable.

2. Conditions of access and use of the Portal

2.1. Condition of User

The use of any of the Portal Services confers the Condition of User of the Portal.

2.2. Informative Data

Wlingua, S.L.U. (hereinafter Wlingua) has its head office at Arbidea 7, 48004 Bilbao (Spain), CIF B95698379. The company is registered in the Commercial Register of Bilbao on 28 September 2012, Volume 5312, Book 0, Folio 144, Sheet 60975, Entry 1.

Users may contact Wlingua via the email support-en@wlingua.com.

2.3. Need to Register

In general, to access the page wlingua.com it is not necessary to register as a User. However, the use of and access to the course are conditional on prior registration by the User. This registration will be carried out in the manner expressly indicated in the Service itself or in the Special Conditions applicable to it.

2.4. Use of the Portal and its Services

The User recognizes and accepts that the use of the contents and/or services offered by the Portal shall be at their own exclusive risk and/or responsibility. The User agrees to use the Portal and all of its content and Services in accordance with the law and the present General Conditions of Use and the Special Conditions in the event that they are applicable. Additionally, the User agrees to make appropriate use of the services and/or contents of the Portal and not to use them to carry out unlawful activities or activities constituting a criminal offence, that infringe upon the rights of third parties and/or that infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system. In particular, the User agrees not to transmit, insert, disseminate or make available to third parties any material and information (data, content, messages, pictures, audio and video files, photographs, software, etc.) that may be contrary to law, morality, public order and the present General Conditions of Use and, if applicable, to the Special Conditions. By way of example, and in no case limiting or excluding, the User agrees:

i. Not to disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that justifies terrorism or violates human rights.

ii. Not to introduce or spread on the network data programs (viruses and harmful software) liable to cause damage to the computer systems of the access provider, its suppliers or third party users of the internet.

iii. Not to disseminate, transmit or make available to third parties any type of information, element or content that undermines fundamental rights and public freedoms recognized constitutionally and by international treaties.

iv. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.

v. Not to transmit unsolicited or unauthorized advertising, promotional material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as advertising slots) that have been exclusively designed for it.

vi. Not to introduce or spread any false, ambiguous or inaccurate information so as to mislead the recipients of the information.

vii. Not to impersonate other Users by using their registration credentials for the different services and/or contents of the Portal.

viii. Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property, patent, trademark or copyright rights belonging to the owners of the Portal or to third parties.

ix. Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and of the legislation on personal data.

3. Intellectual and industrial property

The User recognizes that all elements of the Portal and each of the Services presented through it, the information and materials contained in it, the structure, selection, order, and presentation of its contents and the computer programs used in relation to it are protected by the intellectual and industrial property rights of Wlingua or third parties.

Except when authorized by Wlingua or, when appropriate, by third-party owners of the corresponding rights, or unless it is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, loan, make available or allow access to the public through any form of public communication to any of the elements mentioned in the previous paragraph.

In particular, it is strictly forbidden to use text, images, advertisements and other items contained on this website for subsequent inclusion, in whole or in part, on other websites outside of Wlingua without prior written permission from Wlingua.

The User must use the materials, elements and information that they access through the use of the Portal and each of the corresponding Services solely for their own needs, agreeing not to commercially exploit, either directly or indirectly, the services, materials, elements or information obtained.

The User must not remove the signs identifying the rights (intellectual, industrial or otherwise) of Wlingua or third parties that appear on the Portal and each of the different Services offered through it. Additionally, the User must not evade or manipulate any technical mechanism established by Wlingua or any third party for the protection of their rights, either on the Portal, in any of the Services or in any of the materials, elements or information obtained through it.

4. Exclusion of guarantees and liability

4.1. Availability and Continuity of the Portal and Services

Wlingua is not liable, within the limits established by the current legal system, for damages caused to the User as a consequence of the unavailability, access failures and lack of continuity of the Portal and its Services.

4.2. Contents and Services of Wlingua

Wlingua is solely liable for the Services directly provided and the contents which originate from Wlingua and are identified by its copyright. Such liability shall be excluded in cases in which causes of force majeure concur or cases in which the configuration of the User's equipment is not adequate for the proper use of internet services provided by Wlingua. In any case, the possible liability of Wlingua to the User on all counts will be limited to no more than the amount paid directly by the User to Wlingua, liability for indirect damages or loss of profits being excluded in all cases.

4.3. Contents and Services of Third Parties

Wlingua does not control in advance, approve or endorse the contents, services, opinions, communications, data, files, products and any kind of information from third parties, natural or legal persons, collected on the Portal.

Wlingua is not liable, neither indirectly nor subsidiarily, for damages of any kind arising from the use or purchase of the Contents and the Services of third parties on the Portal, as well as for their lack of legality, reliability, usability, truthfulness, accuracy, completeness or timeliness. By way of example and in no case limiting, Wlingua is not liable for damages of any kind resulting from: a) the infringement of intellectual and industrial property rights and defective performance or non-performance of contractual commitments made by third parties; b) the performing of acts of unfair competition and illegal advertising; c) the inadequacy and disappointment of expectations of services and contents from third parties; d) the vices and defects of any kind of third party contents and services provided through the Portal.

Wlingua is not liable, neither indirectly nor subsidiarily, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the contents and services provided by third parties that may cause alterations in the computer system, electronic documents or files of the Users.

The disclaimer referred to in the preceding paragraphs shall apply provided that Wlingua does not have effective knowledge that the activity or information stored is unlawful or harms property or rights of third parties liable for compensation or, having such knowledge, acts with diligence to remove the information and content or block access to them.

4.4. Conduct of the Users

Wlingua does not guarantee that the Users of the Portal will use the contents and/or services in accordance with the law, the public order, nor the present General Conditions and, where applicable, the Special Conditions that shall be applied. Likewise, it does not guarantee the veracity and accuracy, completeness and/or authenticity of the data provided by the Users. Wlingua is not liable, indirectly or subsidiarily, for the damages of any nature derived from the use of the Services and Contents of the Portal by the Users or that can derive from the lack of veracity, accuracy and/or authenticity of the data or information provided by the Users, or of the impersonation of the identity of a third party carried out by a User in any class of action through the Portal. By way of example, but not limiting, Wlingua is not liable, indirectly or subsidiarily, for: a) the content, information, opinions and statements of any User or of third parties or entities that communicate or exhibit through the Portal; b) the damages caused to third parties derived from the use by the User of the services and contents of the Portal; c) the damages caused by the lack of veracity or accuracy, or the incorrectness, of the identity of the Users and of all of the information that they provide and make accessible to other Users; d) the damages derived from infringements of any User that affect the rights of another User, or third parties, including copyright, trademark and patent rights, confidential information and any other right of intellectual and industrial property.

5. Contracting with third parties through the portal

The User acknowledges and accepts that any contractual or extra-contractual relationship that, if appropriate, they formalize with the advertisers or third parties contacted through the Portal as well as their participation in competitions, promotions, purchase and sale of goods or services, are deemed to be made solely and exclusively between the User and the advertiser and/or third party. Accordingly, the User accepts that Wlingua does not have any type of liability over the damages of any nature caused as a result of their negotiations, conversations and/or contractual or extra-contractual relationships with the advertisers or natural or legal third parties contacted through the Portal.

6. Protection of personal data

Wlingua, S.L.U., with registered office at Arbidea 7, 48004 Bilbao (Spain), CIF B95698379, is the data controller of the personal data processed through the Portal. Personal data are processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights. The details of the processing are set out in the Privacy Policy, which forms part of the present General Conditions of Use.

Wlingua processes the data provided by the User when registering (username, email address, password, country and language), the data generated by the use of the Services (courses, progress, activity, settings and Premium status) and the technical data of the device and the connection, for the following purposes: to provide the Services and manage the account; to save and synchronize the User's progress between devices; to manage Premium subscriptions and payments; to send service communications (account verification, password recovery, progress reports and study reminders); to send commercial communications, only with the User's consent, which may be withdrawn at any time from the communication preferences; to attend to requests and error reports; to analyze the use of the application in order to maintain, secure and improve it; and to comply with legal obligations.

The legal bases for the processing are the performance of the contract (provision of the Services), the User's consent (commercial communications and optional data), the legitimate interest of Wlingua (security, prevention of fraud and improvement of the Services) and compliance with legal obligations. The data are kept for as long as the account remains active and, once the account is deleted, only for the periods required by the applicable legislation. The User can delete their account at any time from the application.

Wlingua does not sell personal data. Data are disclosed only to service providers that process them on behalf of Wlingua under a contract (hosting, email delivery, analytics and performance measurement, push notifications and payment processing), to the app stores (Apple and Google) and payment platforms in relation to purchases, and to the competent authorities when required by law. Some of these providers may be located outside the European Economic Area; in that case, the transfers are covered by the guarantees provided for in the General Data Protection Regulation (adequacy decisions or standard contractual clauses).

The User may exercise the rights of access, rectification, erasure, restriction of processing, data portability and objection, and may withdraw consent at any time, by writing to support-en@wlingua.com.

Wlingua applies the technical and organizational measures necessary to guarantee the security, confidentiality and integrity of personal data and to prevent their loss, alteration or unauthorized access.

The User is liable for the veracity and updating of the data provided, and Wlingua reserves the right to exclude data that prove to be false.

7. Termination

Notwithstanding the liability for damages that could arise, Wlingua will be able to, immediately and without the need for notice, terminate its relationship with the User, interrupting their access to the Portal or to their corresponding Services, if it detects a use of them or of any of the Services linked to them contrary to the General or Special Conditions that are applicable.

The User is liable for the damages of any nature that Wlingua or any of its subsidiaries could suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from the General or Special Conditions in relation to the use of the Portal or of any of the Services linked to it. Also, the User will keep Wlingua and its subsidiaries indemnified with regard to any sanction, claim or demand that could be imposed by any third party, including any public bodies, against Wlingua, its employees or agents as a consequence of the violation of any rights of third parties by said User through the use of the Portal or of the Services linked to it in a manner contrary to that provided for in the General or Special Conditions that are applicable.

8. Miscellaneous

8.1. Modifications

Wlingua reserves the right to carry out the modifications that it considers appropriate, and may modify, remove and include new contents and/or services, as well as the way in which these appear presented and located.

8.2. Minors

In general, to make use of the Services of the Portal, minors must have previously obtained authorization from their parents, custodians or legal representatives, who are liable for all of the actions carried out through the Portal by the minors under their care. In those Services which are expressly indicated, the access will be restricted solely and exclusively to persons aged 18 or over.

9. Duration

The provision of the services and/or contents of the Portal has an indefinite duration.

10. Law and jurisdiction

All of the questions relating to the Portal are governed by the Laws of the Kingdom of Spain, without prejudice to the mandatory consumer protection rules applicable in the User's country of residence, and are subject to the jurisdiction of the courts of the domicile of the User.