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The rules of the agreement between you and Orbinux LLC when you use Ideario.

IMPORTANT IF YOU LIVE IN THE UNITED STATES: READ SECTION 18. Disputes are resolved through individual arbitration rather than in court, and you waive class actions and jury trials. You have 30 days to opt out of arbitration, as that section explains.

Summary

These are the essentials. The full document below is what governs.

  • Ideario is content for learning, produced with artificial intelligence within our own editorial process, with cited sources and fact-checking. Even so, it can contain mistakes, and it is not professional advice.
  • The podcast voices are synthetic. Andrés and Sandra are characters: they are not real people and they do not imitate anyone.
  • None of your data is used to produce the content or to train artificial intelligence.
  • You need to meet the minimum age of your country to have an account: 13 in most countries (the list is in the Privacy Policy).
  • Your account is yours and personal. Do not share it or sell it.
  • The content is for your personal use. Do not copy it, redistribute it or extract it.
  • The free plan has a daily energy allowance and shows advertising. The premium plan is a yearly Google Play subscription, with no ads.
  • You can leave whenever you want and delete your account and your data.

1. What these Terms are

These Terms and Conditions (the “Terms”) are the contract between you and Orbinux LLC (“Orbinux”, “we”, “us”), a limited liability company organized under the laws of the State of Wyoming, United States. They govern your use of the Ideario app, the idearioapp.com website, the web client at app.ideario.app once it exists, and related services (together, the “Service”).

By creating an account and checking the acceptance box, or by using the Service in any way, you accept these Terms. If you do not agree, do not use the Service.

The processing of your personal data is governed by the Privacy Policy, which is part of these Terms. If these Terms and the Privacy Policy say different things about your personal data, the Privacy Policy governs.

2. What Ideario is

Ideario is an app for learning about many subjects, organized in collections of episodes. Each episode comes in three formats made from the same material:

  • The article: a written text, divided into chapters, with a glossary of the terms it uses (the ones you can tap to see their explanation) and the list of its sources.
  • The podcast: a conversation between two characters, Andrés, who knows the subject, and Sandra, who knows nothing about it.
  • The short videos: vertical videos that explain one idea from the episode.

The content is in Latin American Spanish and in American English. Ideario does not cover religion or medicine.

Ideario is a tool for general knowledge and self-study. It is not an accredited course, it does not grant official degrees or certifications, and it does not replace a teacher, an educational institution or a professional.

The energy of the free plan (section 9) is part of how the Service works: it has no monetary value, cannot be bought, cannot be exchanged for money or transferred, and may change along with the Service.

3. Who can use Ideario

To use the Service you must:

  • Meet the minimum age of your country. It is 13 in most countries and higher in some; the full list is in section 10 of the Privacy Policy.
  • If you are a minor, have the permission of your mother, father or legal guardian, who accepts these Terms on your behalf. Accounts of people under 18 do not receive advertising based on their data and cannot buy the premium plan.
  • Live in a country where Ideario is available. Ideario is not available in some countries and regions.
  • Not be subject to United States sanctions. You may not use the Service if you live in a country or region subject to comprehensive United States sanctions, if you appear on a United States government list of sanctioned persons, or if you act on behalf of someone who does.
  • Not have been previously suspended or banned from the Service.

If we find that an account does not meet these requirements, we suspend it and delete its data as described in the Privacy Policy.

4. Your account

You create your account with your email address and a password, which you confirm with a code we email to you, or with your Google account. You are responsible for:

  • Making sure the information you give us is true, especially your country and your date of birth.
  • Keeping your password secret.
  • All activity that happens through your account.

Your account is personal and non-transferable. You may not share, assign or sell it. If you believe someone has accessed your account without permission, write to us right away at hola@ideario.app.

If you had a Tráfico de Ideas account, the previous version of this app, your account moved to Ideario as the Privacy Policy explains, and to keep using it you have to accept these Terms.

5. Acceptable use

When using Ideario you agree not to:

  • Use the Service for anything illegal or that violates other people’s rights.
  • Copy, download outside the app’s features, record, reproduce, redistribute, republish, sell or rent the Service’s content, or create derivative works from it for commercial purposes.
  • Present Ideario’s content as your own or attribute it to someone else.
  • Access the Service with bots, scrapers or other automated means, or systematically extract its content, without our written permission.
  • Use the Service’s content to develop, train or improve artificial intelligence models or a competing product.
  • Get around the energy, the ads or the access to premium content, share the access links the app gives you for your own use, or inflate ad views or clicks.
  • Decompile, reverse engineer or try to obtain the Service’s code, except to the extent the law allows.
  • Overload, interfere with or compromise the security of the Service, or abuse its usage limits.
  • Impersonate another person or Orbinux.

If you do not comply with this section, we may limit or suspend your account under section 16.

6. How we make the content

All of Ideario’s content is produced by Ideario with artificial intelligence tools, within our own editorial process:

  1. Research with real sources. Each episode is built from public, reliable sources, such as official documents, academic publications, reputable news outlets and public domain works. The sources are cited in the article.
  2. Writing in our own words. We do not copy the narrative, structure or prose of other authors, and we do not use books, series, films, documentaries or podcasts still under copyright as sources.
  3. Fact-checking against those sources.
  4. Review before publishing.

What that means:

  • The voices are synthetic. The podcast and the videos are narrated with computer-generated voices (text to speech). Andrés and Sandra are characters created by Ideario: they are not real people, they do not imitate the voice of any real person and they do not represent anyone. When an episode quotes what a real person said, the quote is attributed and read by the character’s voice, without imitating that person’s voice.
  • The images and videos are illustrations. They are generated or assembled with artificial intelligence. They may recreate real people, places, objects or events to explain them, but they are not photographs or recordings of those events, unless the piece says it is archival material.
  • We do not imitate real people. We do not use the voice or image of an identifiable real person without their permission. If you believe something in the Service imitates your voice or your image, write to us and we will review it.
  • Your data is not involved. None of your data is used to produce the content or to train or improve artificial intelligence models, ours or anyone else’s.
  • We tell you in the app. Each episode states that it was produced with artificial intelligence.

7. What to expect from the content and what not to

We work to make the content accurate, but keep in mind that:

  • It is general information. It explains subjects so you can understand them; it is not designed for your particular situation.
  • It may contain errors or omissions despite fact-checking, and data that changes over time, such as figures, prices or laws, may become outdated after publication. The dates of important data are stated in the text.
  • It is not professional advice of any kind: not legal, financial, investment, tax, medical or psychological advice. Before making an important decision, check the official source or consult a professional. What you decide based on the Service is your responsibility.
  • The cited sources belong to third parties. Their links may change or stop working, and we are not responsible for what they publish.
  • If you find a mistake, let us know at hola@ideario.app. We review it and, where appropriate, correct it.

8. Intellectual property

The Service and its content. The Service, including its software, design, brand, collections, episodes, articles, glossaries, scripts, audio, videos, illustrations and covers, and the selection, organization and editing of all that material, belongs to Orbinux or its licensors to the extent protected by law. Part of the content is generated with artificial intelligence, and the law of some countries does not recognize copyright in what is generated without human contribution. Even so, all the content reaches you through the Service and under these Terms: you may only use it as this section says.

Your license. We give you a personal, limited, revocable, non-exclusive and non-transferable license to read, listen to and watch the content within the Service, for personal, non-commercial purposes. You may share links to the Service and quote brief excerpts, as long as you say they come from Ideario. All rights not expressly granted to you are reserved.

Sources and quotes. The sources we cite belong to their authors. The brief, attributed quotes included in the content are used for information and teaching purposes, and quoting them does not mean that their authors endorse Ideario or that Ideario endorses them.

The public domain. The public domain works we use or translate remain in the public domain. What is ours is the translation, the adaptation and the presentation.

What belongs to third parties. The music, typefaces and other materials we use under license belong to their owners. Third-party trademarks and logos that appear in the content belong to their owners and are shown only to identify what is being discussed.

Our brand. “Ideario” and its logos are trademarks of Orbinux: you may not use them without our written permission.

If you believe something infringes your rights, write to us at hola@ideario.app with the content concerned and why. We review it and, where appropriate, remove or correct it.

Your feedback. If you send us ideas or suggestions about the Service, we may use them freely, without paying you and without naming you. Do not send us anything you consider confidential.

9. The free plan, energy and advertising

The Service has a free plan and a premium plan. What each plan includes and its limits are shown in the app.

Energy. On the free plan you have a daily amount of energy. Opening an article or playing a podcast uses energy, only once per episode and per format: opening again what you already opened does not use more. Energy renews every day at midnight in your phone’s time zone, and energy you do not use does not accumulate. Watching a rewarded ad may give you extra energy. The amount of energy, what each format uses and what each ad gives are those shown in the app, and they may change.

Advertising. The free plan shows third-party ads, served by Google’s ad network (AdMob). We decide which ad formats are shown, where and how often. Rewarded ads are optional: you only see them if you choose to. Advertising based on your data is only shown with your permission, which you can withdraw at any time in Profile, and never on accounts of people under 18. We are not responsible for products or services advertised by third parties. The details are in the Privacy Policy.

10. The premium plan

The premium plan is a subscription that gives you access to the whole catalog, with no ads and no energy limit. It is purchased on Google Play and, later on, also on our website. It is not sold in every country, and accounts of people under 18 cannot purchase it.

  • Period: yearly. It renews automatically at the end of each year until you cancel it.
  • Price and taxes: the price, currency and taxes are those shown at the time of purchase.
  • Renewal notice: we email you about 35 days before each renewal.
  • Cancellation: you can cancel at any time on Google Play, under Subscriptions. You keep premium until the end of the year already paid.
  • Refunds: payments are non-refundable, except when the law of your country or Google Play’s policy gives you that right, or when there was a duplicate or mistaken charge. Write to us at hola@ideario.app.
  • Withdrawal: if you live in Argentina, Chile or Paraguay, you can request a refund within 10 calendar days from when you subscribed; in Ecuador, within 30. Request it in Profile, once the charge has been made: premium ends that day and we refund the last charge. In other countries, “Refunds” above applies.
  • Price changes: if the price changes, we will notify you at least 30 days before the next renewal, and you can cancel before it applies.
  • Google Play’s terms also apply to a purchase made there.

Premium through a partner. If your premium plan is given to you by an Ideario business partner, and not by a purchase you made on Google Play, the price, duration and how to cancel it are set by that partner. The rest of these Terms applies in the same way.

11. Third-party services

The Service may include links to or integrations with third-party services, such as Google Play, Google sign-in, Google’s ad network or the websites of the sources we cite. We do not control them and are not responsible for them: their use is governed by their own terms and policies.

12. Availability of the Service

We do our best to keep the Service working well, but we do not guarantee that it will be available without interruptions. It may fail because of maintenance, technical problems, provider outages or causes beyond our control. We may change, suspend or stop offering features of the Service, and we may add, correct, update or remove collections and episodes. If one of those decisions significantly affects an active premium subscription, we will give you reasonable advance notice and, where appropriate, refund the unused portion.

The Service requires an internet connection and a compatible device. Data and device costs are yours.

13. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not guarantee that the Service or its content will be error-free or that using it will produce any particular result: what you learn depends on your dedication and on factors beyond our control.

Nothing in this section excludes warranties that the consumer law of your country does not allow to be excluded.

14. Limitation of liability

To the fullest extent permitted by applicable law:

  • Orbinux is not liable for indirect, incidental, special, punitive or consequential damages, or for lost profits, loss of data, loss of opportunities or damage to reputation, including those arising from decisions you make based on the content.
  • Orbinux’s total liability for the Service or these Terms will not exceed the greater of: (a) what you paid Orbinux in the 12 months before the event that gave rise to the claim, or (b) one hundred United States dollars (USD 100). Having multiple claims does not increase this limit.

These limitations do not apply where the law does not allow them to be limited, including willful misconduct, gross negligence, personal injury and rights that the consumer law of your country does not allow you to waive.

15. Indemnification

You agree to defend and hold harmless Orbinux, its managers, employees and providers from claims, damages and reasonable expenses, including legal fees, arising from your use of the Service in violation of these Terms or the law, or from your violation of third-party rights. This does not apply to the extent that the law of your country prohibits or limits it, especially with respect to consumers.

16. Suspension and termination

By you. You can stop using the Service whenever you want and delete your account as described in section 17.

By us. We may suspend or terminate your account, giving you notice in advance when reasonably possible, if:

  • You violate these Terms, especially section 5.
  • Your use puts the Service or other people at legal, security or integrity risk.
  • The law or an authority requires it.

In the case of serious or clearly illegal violations we may act immediately. If we terminate your account through no fault of yours, we refund the unused portion of the premium plan.

When the contract ends, the sections that by their nature should survive remain in effect, including sections 7, 8, 13, 14, 15, 18 and 19.

17. Deleting your account

You can delete your account at any time from Profile, in the app, or from our account deletion form.

Keep in mind that:

  • Deletion is permanent and irreversible: you lose your progress, your saved episodes and your history.
  • We delete all data linked to your account, except the record of what you accepted, which we keep for 3 years to be able to prove the agreement in case of a dispute, and the record of your payments, which we keep for 7 years for accounting obligations.
  • The retention periods are in section 5 of the Privacy Policy.
  • Deleting your account cancels the renewal of your premium plan, so there will be no more charges. If your country gives you the right to request a refund, request it from Profile before deleting your account.

18. Disputes, governing law and courts

First, write to us. Before any formal claim, write to us at hola@ideario.app describing the problem. We commit to try to resolve it in good faith within 30 days.

Governing law. These Terms are governed by the laws of the State of Wyoming, United States, without applying its conflict of laws rules. Claims that do not go to arbitration are brought before the state and federal courts of Laramie County (Cheyenne), Wyoming.

If you are a consumer, the choice of law and courts in this section does not take away the protection given to you by the mandatory rules of the law of your country, and you may go to the courts where you live when that law allows it.

Arbitration in the United States. If you live in the United States, you and Orbinux agree to resolve any dispute about the Service or these Terms through individual, binding arbitration, and not in court, under these rules:

  1. Exceptions: claims that fit in a small claims court, brought individually, and requests to protect intellectual property.
  2. Who administers it: JAMS (jamsadr.com), under its streamlined arbitration rules for claims under USD 250,000 and its comprehensive rules for larger ones. Unless otherwise agreed, the arbitration takes place in the county where you live.
  3. Individual only: neither party may bring a claim as a plaintiff or class member in a class or representative action. The arbitrator may only award individual relief.
  4. No jury: by agreeing to arbitration, you and Orbinux waive the right to a trial before a judge or jury.
  5. Costs: each party pays its own lawyers, unless the arbitrator decides that a claim was abusive.
  6. Mass arbitration: if 100 or more similar arbitration claims are filed against Orbinux within 30 days by the same law firm or by a coordinated group, JAMS groups them into batches of 100, with one arbitrator and a single set of costs per batch.
  7. How to opt out: you can opt out of this arbitration within 30 days of first accepting these Terms by writing to hola@ideario.app with your name, your account email and that you want to opt out. Opting out does not change the rest of these Terms.
  8. If a court declares the class action waiver invalid for a claim, that claim is resolved before the courts of Laramie County, Wyoming; the others remain in arbitration.

If you live in Ontario, Canada, the Ontario Consumer Protection Act, 2002 applies: you may bring claims before the courts of Ontario and take part in a class action, and the arbitration above does not bind you.

19. Information by country

As a consumer you keep all the rights the law of your country gives you that cannot be waived. In particular:

  • Mexico: those under the Federal Consumer Protection Law. The Federal Consumer Protection Agency (PROFECO) handles consumer complaints.
  • Colombia: those under Law 1480 of 2011 (Consumer Statute), including the legal warranty, the right of withdrawal in distance sales and payment reversal (art. 51): if you paid by card and there was fraud, a transaction you did not request, or the service was not provided, you can ask your bank, within 5 business days after you found out, to reverse the payment. The authority is the Superintendence of Industry and Commerce.
  • Argentina: those under Consumer Protection Law 24,240 and the Civil and Commercial Code, including the right to revoke acceptance of a distance purchase within the legal period.
  • Chile: those under Law 19,496 on the Protection of Consumer Rights. The National Consumer Service (SERNAC) handles complaints.
  • Peru: those under the Consumer Protection and Defense Code (Law 29571). Indecopi handles complaints.
  • Ecuador: those under the Organic Consumer Protection Law.
  • United States (California): under section 1789.3 of the California Civil Code, the Service is provided by Orbinux LLC, at the address and email at the end of these Terms. You may file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or at (800) 952-5210.

20. Changes to these Terms

We may update these Terms because of changes in the Service, the law or our business. If the change is minor, we will notify you by email, and continuing to use the Service means you accept it. If it is significant, for example if it affects your rights or how disputes are resolved, we will show it to you in the app when we publish it and you will have to accept it to keep using the Service; until you accept it, the version you accepted governs. Premium price changes follow section 10.

These Terms and the Privacy Policy form a single package with a single version, which is accepted in full: it is not possible to accept only part of it. We keep a copy of each published version and of the version you accepted, with the date.

21. General provisions

  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Orbinux about the Service, and replace any previous agreement.
  • Severability. If a court declares a clause invalid, the rest remains in effect and that clause is interpreted as closely as possible to its intent.
  • Waiver. Our not exercising a right at any given time does not mean we waive it.
  • Assignment. You may not assign these Terms without our written permission. We may assign them in a merger, sale or reorganization, with notice to you.
  • Force majeure. We are not liable for failures caused by events beyond our reasonable control.
  • Export. You may not use or export the Service in violation of United States export control and sanctions laws.
  • Electronic communications. You agree to receive our notices by email or within the app, and that they count as written notice.
  • Language. These Terms are in Spanish and English, and both versions are equally valid. If they differ, the Spanish version governs, unless the law of your country requires otherwise.

  • Version: 1.0
  • Language: this is the English version. These Terms are also available in Spanish; both versions are equally valid, and if they differ, the Spanish version governs unless the law of your country requires otherwise.

Ideario is a service of Orbinux LLC, 7345 W Sand Lake Rd, Ste 210, Office 6764, Orlando, FL 32819, United States. Contact: hola@ideario.app.

This document was drafted from the public domain templates of General Legal, PC.