Terms and conditions

Last updated: December 20, 2024

1. Introduction

This document sets out the general terms and conditions of use ( “General Terms and Conditions” ) that will apply when you visit and/or use the Digital Platform and/or the Website https://www.brainandcode.tech/ (hereinafter, collectively referred to as the “Platform” ), whose ownership and content are entirely the property of Brain and Code Sociedad Limitada ( “Brain and Code” ), with NIF B72407810, and whose registered office is located at Calle Uribitarte núm. 6, planta 2, (48001), in the municipality of Bilbao, province of Vizcaya, Basque Country, Spain.


It is also necessary to read our Privacy Policy, where we detail our information handling practices:https://www.brainandcode.com/legal/politicas-de-privacidad/ . We are committed to keeping our users safe and are constantly working to collect information confidentially. Accessing and/or using the Website confers upon the internet user the status of Website user (the “User” or “Users” ), which implies full acceptance of all the provisions included in this document.


2. Site Description

The Platform is an educational community for people who want to learn creative skills from professionals in the field. Within Brain and Code, Users can enroll in online courses, share personal projects, contribute to and learn from discussion forums, interact with like-minded individuals, and read or comment on articles and tutorials. The Platform also allows users to post images, photos, audio and video files, and share promotions and discounts, if they wish and with prior authorization.


Through the Platform, Users enroll in Courses, which provide access to audiovisual content, discussion forums, and direct contact with the Instructor. These Terms and Conditions, the Privacy Policy, and other legal notices published by Brain and Code are separate from any agreements, communications, and other documents ( “Class Agreements” ) that the student and Instructor may establish within the class. Brain and Code is not responsible for any obligations included in the Class Agreements or for any actions taken based on them, and is not considered a party to any transactions between the student and the Instructor. Brain and Code reserves the right to remove any class and/or Course offering at any time and for any reason.


3. Definitions

Without prejudice to the terms defined in various sections of this document, the terms used herein with the first capital letter and which are not defined differently shall have the meaning attributed to them below, and may be used in masculine, feminine or neuter, as well as in singular or plural, interchangeably and according to the context:


“Cookie” is the data file that is stored on the User's device when the User accesses the Site.

“User Account” is the form of identification created (consisting of an access ID and password) that is given to Users so that they can access the Services offered by Brain and Code through the Platform. (Hereinafter, the “Account” or “User Account” ).

“Course” is the curricular space in which the Teachers will be responsible for imparting knowledge about a particular subject and/or topic to a number of Users through classes taught through the Brain and Code Platform.

“Current Laws” means all laws, codes, legal norms, ordinances, regulations, treaties, rules, standards, permits, resolutions, orders, interpretations, decisions, interdicts, as well as the norms, resolutions and judgments that are currently or may in the future be in force in Spain and are applicable to Users.

“Teachers” are those individuals specialized in certain disciplines, subjects, among others, related to the Courses, who will share their experience and knowledge with the Users, in order to guide them or answer the doubts that the Users may have in the Courses through the Platform.

“Platform” refers to the website, virtual platform, and other digital media such as applications for smartphones with iOS or Android technology, tablets, Smart TVs, among others, whose ownership belongs to Brain and Code, and within which Users register to obtain the Service.

“Product” is the term that defines access to a Course or a package of Courses within the catalog of Courses offered by Brain and Code, independent of a Membership subscription. If the User chooses to access one of the Products, they will be able to access the Course and view synchronous and recorded virtual classes and their respective content.

“Service” refers to the service provided by Brain and Code, which consists of making available to its Users courses on diverse topics or areas of knowledge, academic disciplines, sciences, or arts, taught by instructors specializing in the subject matter. The service provided through the Platform may include online and/or live courses, personalized course support from instructors, events, and videoconferences, among other features that Brain and Code will announce in due course.

“User” refers to any individual who registers on the Platform for the purpose of contracting the Service and/or Services offered by Brain and Code. Additionally, those interested in participating in the experience provided through our Services, such as Teachers, affiliates, and members of the Brain and Code team, may also be Users of the Platform.

“Fee” is the price the User must pay to access any of the Memberships offered by Brain and Code. The fee can be paid through the payment methods made available by Brain and Code on the Platform.

“Specific Terms and Conditions” will be the terms and conditions specific to each Product.


4. Acceptance of the terms of use

Brain and Code has made the Platform available to you. By accessing it, you must read, understand, and accept these terms and conditions (the “Conditions” ). You are also subject to these Conditions, which, together with our Privacy Policy, govern our relationship with you on the Platform. You may only register and become a User of the Platform after accepting the Conditions. If you do not accept them, you are requested not to use, access, or manipulate the information of the Services offered by the Platform, as this could constitute misuse.


5. Availability of Content

The content displayed through the Platform may include all types of files, which may be owned by Brain and Code or by third parties, such as texts, images, sounds and videos, links to other sites or applications unrelated to Brain and Code, and any other content that Brain and Code deems relevant to add.


Brain and Code does not guarantee that the content offered on the Platform will always be available, therefore Brain and Code reserves the right to suspend or add any functionality to the Platform.


6. Access to and use of the Website

Users will be able to enjoy all the functionalities and Services offered by the Platform, from the moment they register for an Account and choose one of the Memberships, unless Brain and Code has launched a free plan at the time of registration.


Access to and use of the Platform is restricted to individuals who, under applicable law, have full legal capacity to enter into legal acts. If a minor wishes to access the Services offered by the Platform, their parents or legal guardians, or those legally considered to have absolute incapacity, will be responsible for the actions of the minor(s).


7. Registration

Users must register on the Platform to create an Account, completing the registration form with all their personal information, such as full name, email address, and other details. They will also be asked to create a password.


Only one account per user is allowed. Users must provide accurate, complete, and up-to-date information. Failure to do so constitutes a violation of these General Terms and Conditions and may result in account cancellation, at Brain and Code's discretion.


If you request the creation of a username at the time of registration, you must not violate good customs, infringe the rights of third parties, cause misunderstandings, confuse other users, or harm the reputation or image of Brain and Code. Brain and Code reserves the right to modify any username it considers inappropriate without prior notice.


8. Responsibility for passwords

It is the User's responsibility to safeguard their login credentials and all activity within their account. Therefore, they must keep this information strictly confidential and sharing it with third parties is prohibited. All actions performed through the User's Account are presumed to have been performed by the User, and no evidence to the contrary will be admitted.


Brain and Code is not responsible for any damages that may occur due to security breaches or damages related to the disclosure of the User's name or password. If there is any type of security breach or if the User identifies that someone has accessed their account, they must notify Brain and Code immediately.


In the event of a forgotten password or any other circumstance that poses a risk of access and/or use by unauthorized third parties, the User shall immediately notify Brain and Code so that the password can be blocked and/or replaced. In any case, all operations or transactions carried out prior to such notification shall be deemed to have been performed by the User, who, if applicable, shall be responsible for and pay any costs, damages, and losses arising from any unauthorized access to or use of the Platform.


9. Correct Use of the Platform

The Platform may only be used for lawful purposes and that do not violate good morals and/or this document.


The User agrees to use the Platform for lawful purposes and in a manner that does not violate the law, public order, or generally accepted standards of morality. In this regard, and without limitation, the User shall refrain from, among other things:


  1. Abusing, harassing, threatening, impersonating, or intimidating any person.

  2. Publishing or transmitting any type of content that is defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on the copyright or rights of any person.

  3. Attempting to access or perform searches on search engines or software (spiders, robots, crawlers, data mining tools or similar) other than those provided by Brain and Code or those generic search engines provided by third parties and publicly accessible on the Internet.

  4. Generate or send unwanted emails to any person or URL.

  5. Create multiple accounts with the goal of voting for or against other users' projects.

  6. Publishing content for which you do not own the copyright.

  7. Increasing or altering the number of votes or comments artificially, or from another Service, in order to give or receive money or any type of compensation for said votes.

  8. Sell ​​or transfer your User Account.

  9. Using the Platform for commercial purposes or for the benefit of third parties in a manner that violates the provisions of this document.

  10. Manipulating any TCP/IP packet, header, or any part of the header information in any email, newsgroup, newsletter, or using the Platform in any way to send false, altered, or non-identifiable information.

  11. Attempting to decipher, decompile, or reverse engineer any software program provided by the Website, among other things.


Furthermore, Brain and Code has established the following general guidelines for the proper use of the Services and Memberships, which the User must comply with and encourage other Users to do the same:

The User may make use of Brain and Code Services, in accordance with current laws.

The User will have unlimited access to the Platform and can download content within the validity period of the chosen Membership.

The User may not download, record, archive, reproduce, distribute, modify, display, perform, publish, license, or create derivative works based on content owned by Brain and Code or obtained through its Platform, for profit.

Depending on the Membership chosen, the User will be allowed to save access to their Account on more than one device (smartphones, tablets, Smart TVs). However, they will not be able to access their Account simultaneously on more than one device.

Users may share content publicly on the Platform, therefore, they must not perform actions, make comments or share files that demonstrate harassment, sexual references, abuse, bullying, racism, spam, or other actions that violate the rules and good customs, or that affect the Brain and Code community.


Brain and Code reserves the right to withdraw, terminate or suspend, without prior notice and at any time, the Account of those Users who violate these General Terms and Conditions, so please do not use Brain and Code for any illicit and/or negative purpose.


10. Content shared on the Website

The User retains all rights and intellectual property ownership of the content they share on Brain and Code. However, by uploading or sharing any type of content on the Platform, you grant Brain and Code (and its affiliates or business and communication partners) a worldwide, non-exclusive license to communicate, distribute, host, modify or create derivative works, perform, publish, reproduce, store, or otherwise use the content. If we include the shared content through any Brain and Code communication channel, we will give you full credit.


Furthermore, by sharing content, you grant Brain and Code and its Users and visitors the right to share it through various social media platforms integrated into the Platform (LinkedIn, Facebook, Instagram, or TikTok). Brain and Code does not guarantee that content posted on the Platform will not be illegally copied without your consent.


Brain and Code also does not prohibit Users and visitors of the Platform from making low-resolution copies or thumbnails of its work, and therefore authorizes Brain and Code to allow users and visitors of the Platform to make such low-resolution copies of its content.


11. Courses and specializations

Brain and Code keeps its Courses and Specializations at the forefront, and we want our Users to have a complete experience through the Platform. In that regard, Brain and Code may award diplomas to Users, provided they have successfully completed the Course or set of Courses within a Specialization.


The courses will consist of a specific number of live or recorded online classes, as well as personalized support through instructors, events, and videoconferences, among other resources that Brain and Code will announce in due course. Therefore, users must attend a minimum number of classes per course.


On the other hand, the evaluation of the Users' development and learning will be carried out by the Course Teachers, so that the User obtains the corresponding diploma.


12. Rates

Fees are governed by the specific Terms and Conditions applicable to each service. Brain and Code reserves the right to change its fees or charges for the Services offered on the Platform (or to begin charging for any previously free Service, with prior notice), provided that fees paid prior to such modifications are not affected.


Brain and Code may modify its Fees if it deems it appropriate. However, any changes to the Fees will be reflected in the corresponding Specific Terms and Conditions and will be notified to the User's email address and/or through the Platform.


To the extent permitted by applicable law, payments are non-refundable and no refunds or credits will be given for unused or partially used Brain and Code content.


13. Payment Method

Brain and Code reserves the right to engage third parties to act as facilitators for processing Fee payments made through the Platform. Furthermore, Brain and Code will first verify that the Fee payment has been duly processed before proceeding with activation on the Platform.


The courses displayed on the platform can be paid for through "online payment ," for which the user can make the payment of the fee by card through the platform's payment gateway.


14. Regarding the relationship with teachers

Brain and Code does not maintain an employment, dependency, or subordination relationship with any of the instructors. Brain and Code is solely responsible for the design of the course topics and the platform content. However, instructors will have academic freedom, and Brain and Code entrusts its instructors with the freedom to present their knowledge and information without being bound by any doctrine imposed by Brain and Code.


The Teacher is a third party who, through classes, presents a Course and/or Courses through the Platform, so the User recognizes that Brain and Code will only be responsible for validating that the Teacher shares the appropriate and suitable content in the Courses that he will teach through the Platform.


In this regard, Brain and Code does not offer any guarantee nor does it manage or intervene in the Teacher-User relationship. Therefore, if the User has any problem with the content of the Course taught by the Teacher or any complaint regarding it, they must communicate it to Brain and Code, through the following email address info@brainandcode.tech, so that Brain and Code can take the appropriate measures.


In the event that Brain and Code detects that the content shared by the Teacher does not meet the appropriate standards, Brain and Code will be entitled to restrict said content.


15. Regarding content published by third parties

Brain and Code does not control or assume responsibility for Users' access to content, materials, products, or services through third-party links placed on the Website. Access to any content, including links displayed on the Platform, is optional and at the User's own risk, releasing Brain and Code from any liability for such conduct.


Therefore, and given that Brain and Code has no control over the content of its suppliers and/or third parties, including the sites or applications to which the links lead, Brain and Code will not be responsible for the content, materials, actions and/or services provided by its suppliers and/or third parties, nor for damages or losses caused by their use, whether caused directly or indirectly.


16. Promotions, offers, commercial launches

At any time, Brain and Code may launch promotional offers, free courses, including scholarships for new students, among others, and these will be governed by the additional conditions and restrictions established at the time of their launch, which will be published on the Brain and Code website.


17. Intellectual Property

The software associated with the Platform, as well as all the content available on it, are the exclusive property of Brain and Code, and/or, where applicable, of the Teachers, their suppliers or their external servers; therefore, they are protected by the laws and international treaties on copyright, trademarks, patents, models and industrial designs applicable in Spain, regardless of whether they are registered or not.


Any copying, distribution, transmission, retransmission, publication, printing, dissemination, and/or commercial exploitation of the material and/or content made available to the public through the Platform is strictly prohibited without the prior express written consent of Brain and Code or, where applicable, the holder of the corresponding intellectual property rights. Failure to comply with the foregoing will subject the infringer to all applicable civil claims and will be grounds for filing a complaint, report, or claim with the competent authorities, in which the necessary information for the investigation and prosecution of the offense will be provided.


18. Copyright

All copyrights involved in the Platform, such as its content and visual design, are owned by Brain and Code, therefore their use, modification, reproduction, distribution, transmission or commercialization is strictly prohibited without the prior, express and written permission of the holders of said rights, except in cases of quotation rights, use for educational purposes and other recognized fair uses.