General Terms of Use

1Owner of the website

This website, aulaapp.es (the “website”), is owned and operated by the company that owns Aula (“Aula”).

2Purpose

Aula is a native app for iPad, iPhone and Mac aimed at teachers in Spain, offering a gradebook, class management, student tracking, LOMLOE competency-based assessment, a school calendar, tutoring management and integrations with other education platforms (iDoceo, Additio, Google Classroom, XADE, Séneca, Raíces and Educamos, among others). The purpose of this website is to provide information about the app and to allow it to be downloaded.

3Rights and obligations of the User

Use of any of the services offered on the website confers, from the outset, the status of User, and shall be deemed express, voluntary and unreserved acceptance of these General Terms.

To access the services of this website, in anything that is not free of charge or that imposes obligations, the User must be of legal age and have the legal capacity and authority needed to enter into binding commitments. Use of the services offered on the website means the User declares that they meet these requirements.

A User accessing the website must comply with these General Terms and with any specific instructions for use shown to them at any given time. They also undertake to act at all times in accordance with the law, with accepted standards of conduct and with the requirements of good faith, exercising care appropriate to the nature of the service they are using. The User may not modify or alter the contents of the website, other than the data they themselves have entered in the app, nor impair its integrity or operation in any way.

Personal data that users must provide in order to access those services shall be subject to general data protection law, covered by Regulation (EU) 2016/679 (GDPR) and by Ley Orgánica 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

Aula may remove or suspend website or app access for any User who has breached any of the obligations set out in these General Terms. A User who intentionally or negligently breaches any of the foregoing obligations shall be liable for all loss and damage caused as a result to Aula or to a third party.

4Protection of personal data

Aula processes two kinds of data under different regimes:

• Data about the User (the teacher), provided when contacting us through the website or when taking out a subscription inside the app.
• Data about students and their families that the teacher enters in the app for their own teaching purposes.

Both are subject to Regulation (EU) 2016/679 (GDPR) and to Ley Orgánica 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

By default, student data entered in the app is stored locally on the teacher’s device, encrypted and protected. Syncing between devices (iPad, iPhone, Mac) or with other members of staff is optional and takes place through the User’s own iCloud account, with end-to-end encryption. Aula does not access that data under any circumstance.

For more information about data processing, retention periods and the exercise of rights (access, rectification, erasure, objection, restriction and portability), see the Privacy Policy.

5Aula’s liability

Within the limits of the law, Aula reserves the right to make changes to the website, to the app and to these General Terms.

Given the particular nature of the medium, Aula cannot accept liability for temporary inability to access the website or the app at any given moment, nor for information contained on third-party websites reached by the User through hypertext links placed on the website.

The website contains information that is simplified, or written with the aim of making it easier for the average User to understand, so Aula accepts no liability for mistaken interpretations to which the information presented may give rise, except where Aula has acted negligently.

Aula shall not be liable in any case for damage arising from unforeseeable events or force majeure, nor for damage resulting from the User’s negligent conduct, including improper use of the app in managing student data.

6Intellectual and industrial property

All content, trademarks, designs, logos, icons, buttons, software, trade names, domain names and any other signs or elements capable of protection by intellectual or industrial property rights that form part of the website and of the Aula app are the property of Aula or of third parties who have duly authorised their inclusion.

Under no circumstances shall this be taken to grant any licence, or to constitute a waiver, transfer or assignment in whole or in part of those rights, nor to confer any right of exploitation, reproduction, distribution, transformation or public communication of that content without the prior express written authorisation of Aula or of the relevant third parties.

Apple, iPad, iPhone, Mac and iCloud are trademarks of Apple Inc. iDoceo, Additio and Google Classroom are trademarks of their respective owners. Aula is not affiliated with or endorsed by them.

Infringements of any of the intellectual or industrial property rights referred to in this section will be pursued through the criminal and civil actions provided for under applicable law.

7Jurisdiction

These General Terms shall be governed by and construed in accordance with the laws of Spain.

Except as stated in the following paragraph, the parties agree that any dispute, disagreement, question or claim arising from the performance or interpretation of these terms, or related to them, or to other texts that may appear on the website, shall be finally resolved by submission to the Juzgados y Tribunales de A Coruña, expressly waiving any other jurisdiction that might otherwise be competent.

The preceding paragraph shall not apply where one of the parties is a consumer, in which case the venue designated under consumer protection law shall take precedence.

8Communications

For any communication required between Aula and the User, the User should write to Aula’s stated address or to hola@aulaapp.es.

Communications from Aula to the User will be sent using the details the User provided when registering on the website or in the app, or the details given in the first communication sent by the User.