Information of the company that manages the services
The platform accessible through www.stepalong.com (the “Platform”) and the services offered through the Platform are provided by BETTER MAKING S.L. (hereinafter referred to as “STEPALONG”, “we”, or the “Company”), a Spanish company with registered address at Plaça Josep Roca Pons no 2, Escalera B, 1o 1a, 08870 Sitges (Barcelona), and C.I.F. (tax identification code) B44569952, and registered with the Barcelona Mercantile Registry, in volume 48606, folio 7, and page B58977
1. ACCESS AND USE OF THE SERVICES
1.1. Access to the Services
1.1.1. These general terms and conditions of use (“General Terms and Conditions of Use“) shall govern the use of the Platform, which belongs to STEPALONG. The purpose is to provide information about the activity of the Company and enable the use of the services offered by STEPALONG (“Service” or “Services”), consisting in the creation of how-tos and instructions more efficiently, in a way that guarantees that the end-user can successfully complete the task, as well as any other services that may be offered by STEPALONG from time to time.
1.1.2. A StepAlong builder (“StepAlong” or “StepAlongBuilder”) is a tool that allows the creation of instructions, how to’s and other services (i.e. to import contents)
1.1.3. The user who creates the StepAlong is called “User” or “Producer”.
1.1.4. The end-user who accesses the StepAlong is called “End-User” or “Player”.
1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions
1.2.1. By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services.
1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Platform at any time, shall be referred to as “Specific Conditions“.
1.2.3. In addition, STEPALONG informs the User of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, STEPALONG will provide the User with reasonable prior written notice of any change. If the User does not want to agree to any changes made, the User should stop using that Service, because by continuing to use the Services the User indicate their agreement to be bound by the updated terms.
1.3. Services Use. Legal age
1.3.1. The User declares that he or she is at least sixteen (16) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
2. STEPALONG ACCOUNT AND REGISTRATION
2.1. Registration and use of electronic signature
2.1.1. ToaccesssomeofthefunctionalitiesoftheService,wemayaskyouto create an account with which your Registration Data (as defined below) or other information will be associated (a “STEPALONG Account”). Once the registration form has been filled out, the User must agree to the Privacy Policy and, when applicable, the appropriate Specific Conditions.
2.1.2. The User must activate a username and password to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with STEPALONG and the rest of the users of the Services (“Electronic Signature“).
2.1.3. The Electronic Signature of each User shall be personal and non- transferable. The User is obliged to inform STEPALONG of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
2.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.
2.2. Creating an Account
2.2.1. By creating a STEPALONG Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the STEPALONG Account you created to access the Service; (v) not allow your STEPALONG Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
2.2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organizations or entities, or if STEPALONG has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, STEPALONG may suspend or terminate your STEPALONG Account and refuse to allow you to use the Service at any time. All Registration Data will be stored and used in accordance with the STEPALONG Privacy Policy.
2.3. User responsibility in connection with StepAlong Players
2.3.1. The Producer is responsible (1) for informing and notifying the End-User of any how to’s and instructional contents that are created through the Services; and (2) for obtaining the consent by StepAlong Player’ for the Terms of Use and Privacy Policy.
2.4. Termination of your STEPALONG Account
2.4.1. You may terminate your STEPALONG Account at any time by using the account termination option.
2.4.2. We may also terminate your STEPALONG Account or impose limits on or restrict access to parts or all the Service at any time, without notice or liability.
3. FEES AND PAYMENTS
3.1. Fees for Services
3.1.1. STEPALONG reserves at any time the right to require payment of fees for certain or all Services.
3.1.2. STEPALONG reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email, provided that, for Services billed on a subscription basis, monthly paying users will be given at least 3 months at the old pricing, and yearly paying users will be given at least 1 year at the old pricing from the point at which the new pricing comes into effect.
3.1.3. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to pay fees
3.2.1. Failure to pay fees(including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
4. PROHIBITED USER CONDUCT
4.1. Prohibited activities
While using the Service, you agree not to engage in any of the following prohibited activities:
a) Use, display, mirror, or frame the Service, any individual element within the Service, the STEPALONG name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without STEPALONG’s express written consent.
b) Access the Service by any means other than through interfaces provided by STEPALONG and as otherwise expressly authorized under these Terms of Service.
c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
d) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by STEPALONG or any of our providers or any other third party (including another user) to protect the Service.
e) Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service.
f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by STEPALONG or other generally available third party web browsers or search engines.
g) Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
h) Use any meta tags or other hidden text or metadata utilizing the Service or a STEPALONG trademark, logo, or URL without STEPALONG’s express written consent.
i) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your STEPALONG Account) or your access to or use of the Service.
k) Collect or store any personally identifiable information from other members of the Service without their express permission.
l) Stalk or otherwise harass another person or entity.
m) Impersonate or misrepresent your affiliation with any person or entity.
n) Violate any applicable law or regulation.
o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your STEPALONG Account.
p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
4.2. No reverse engineering
In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the STEPALONGs, Services or Contents.
4.3. Artificial Intelligence (AI)
Additionally, you expressly declare and accept that you will not, for any reason whatsoever, use the content generated or accessible through the Platform to be used or applied through any Artificial Intelligence (AI) techniques that have not been expressly permitted or accepted by STEPALONG.
5. SOCIAL MEDIA AND THIRD PARTIES PLATFORMS
5.1. Sharing through Social Media and third parties platforms
5.1.1. The Service may include functionality that allows you to access and post content to Social Media and third parties platforms regarding your activities on the Service. If you choose to use this functionality, STEPALONG may: (i) have access to certain information that you make available through the applicable Social Media or third parties platforms and that the applicable Social Media or third party platform has made available to STEPALONG; or (ii) post status messages, notes, photos, videos and other materials to the applicable Social Media or third party platform on your behalf.
5.1.2. By connecting your STEPALONG Account with your account on a Social Media or third party platform, you grant us permission to access and use the information that you make available through the applicable Social Media or third party platform and that the applicable Social Media or third party platform has made available to STEPALONG, in accordance with the privacy or other settings that are applicable to your Social Media or third party platform account. For more information on how you can manage the information provided to STEPALONG by the applicable Social Media or third party platform, please review the privacy settings applicable to your Social Media or third party platform account.
5.1.3. Social Media or third parties platforms are not partners or representatives of STEPALONG and STEPALONG is not responsible for the acts or omissions of any Social Media or third party platform in connection with your account with the applicable Social Media or third party platform.
5.2. Compliance with Social Media or third-party platform Policies
5.2.1. In the event that you share or post content to a Social Media or third- party platform through the Service, you agree to comply with all terms of use, policies and guidelines established by the applicable Social Media or third party platform with regard to the content you post. You also agree to be solely responsible and liable for any claims arising as a result of sharing or posting any content to any Social Media or third- party platform.
6. PRIVACY POLICY
6.1. When the User provides personal data to STEPALONG, either during registration, navigation, when using the Services, making inquiries, requests or simulations through the Platform, the Privacy Policy shall apply, which must be previously accepted by the User.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1. All Platform contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of STEPALONG or its content providers, in which case those contents have been licensed to STEPALONG, and they are protected by Spanish or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Platform is exclusively owned by STEPALONG and is protected by the applicable laws governing industrial and intellectual property.
7.2. All the software utilized for the use and development of the Services is the property of STEPALONG or its software providers and is protected by the laws governing industrial and intellectual property.
7.3. All brands, labels, distinguishing symbols, or logos that appear on the Services are the property of STEPALONG and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
7.4. All texts, graphs, drawings, videos or audio supports are the property of STEPALONG or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.
7.5. The fact that STEPALONG makes available to the users the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by STEPALONG or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.
7.6. It is strictly prohibited to use the contents of the Services without the authorization of STEPALONG. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of STEPALONG’s intellectual property rights and shall be punished according to applicable laws.
7.7. Each party agrees to permit the other party to use its trademarks and logos on the other party’s web sites, marketing literature and other material where appropriate. The User further agrees that STEPALONG may refer to the User as a user of the Platform.
8. USERS CONTENT
8.1. The User accepts that the Services may display content provided by others that is not owned by STEPALONG. Such content is the sole responsibility of the entityuser that makes this content available. Correspondingly, you are responsible for your own content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. STEPALONG is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.
8.2. The User acknowledge that, to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, STEPALONG may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. STEPALONG reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that STEPALONG has no obligation to monitor or review any content submitted to the Services.
9. INTERACTIONS WITH OTHER USERS
9.1. The User is solely responsible for all interactions with other users. The User represent, understand, and expressly agree that STEPALONG does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, the User expressly agree not to hold STEPALONG or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Services.
9.2. Without prejudice to the above, STEPALONG reserves the right to become involved in any way with any dispute, but are in no obligation to do so. The User will fully cooperate with STEPALONG to investigate any suspected unlawful, fraudulent, or improper activity.
10. LINKS TO THIRD PARTIES
10.1. STEPALONG may, when applicable, embed the how-tos and instructional content on third-party web pages or platforms, and publish links in its Services to internet websites maintained by third parties. STEPALONG assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that STEPALONG supports, promotes, guarantees, or recommends the linked websites or platforms.
10.2. Likewise, any third party who wishes to link its website to the Platform must obtain the express written consent of STEPALONG. In any case, STEPALONG does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Platform.
11. DISCLAIMER OF WARRANTIES
11.1. To the maximum extent permitted by applicable law, the Platform and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these TERMS OF USE cannot change and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.
12. LIMITATION OF LIABILITY
12.1. To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these TERMS OF USE, your Account, or the Services.
12.2. Subject to sections 9 and 10 above, Company’s maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, or the Platform will not exceed a total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.
12.3. The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or—subject to you using the Services as a consumer—injury or death.
13. SUSPENSION OF ACCESS
13.1. We reserve the right, but have no obligation, to remove any Content
from the Service at any time in our discretion.
13.2. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and STEPALONG Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
14. INDEMNITY
14.1. You agree to indemnify and hold the STEPALONG Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
15. APPLICABLE LAW AND JURISDICTION
15.1. General
These TERMS OF USE shall be governed and construed in accordance with Spanish law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Platform or the Services shall be subject to the jurisdiction of the courts in Barcelona, Spain.
15.2. Consumers
If you are acting as a consumer, these TERMS OF USE shall be governed and construed in accordance with Spanish law, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Barcelona, Spain, shall have no exclusive jurisdiction in connection with any claim brought by you against the Company.
You may also access to the European Union’s online dispute resolution webpage.