TERMS AND CONDITIONS OF USE

This page sets out the conditions governing the use of https://zarpo.io (the “Site” or the “Website”), the purchase of products (“Products”) and/or the provision of services (“Services”) on it (the “Terms and Conditions” or “T&Cs”). Together with the Legal Notice, the Privacy Policy and the Cookie Policy, they make up the legal framework applicable (the “Website Legal Terms”) to the use of the Website and to the contracting of the services. The Website Legal Terms will be updated periodically, so the terms that apply will be those published at the time the User uses the Website.

The Website Legal Terms constitute the agreement between the User ("User" or "Users") and Zarpo, a User being understood as any person who contracts the Services and/or acquires Products. Acceptance of these T&Cs by the User is an essential requirement for formalising any contractual relationship between the User and ZarpoApps S.L. (hereinafter, "Zarpo")

Access to and use of the Site is prohibited for Users under eighteen (18) years of age. Therefore, by accepting these Terms and Conditions, you, as a User, acknowledge that you are a person with sufficient capacity to assume the obligations arising from your actions and that you have read, understand and accept their content.

1. IDENTIFICATION AND CONTACT

ZARPOAPPS S.L. is a company with its registered address at Rec Comtal 12, 3-3, 08003 Barcelona, Spain, NIF (tax ID): B21857602, registered in the Barcelona Commercial Register. For any questions regarding the use of Zarpo, Users can contact Zarpo at the following email address: legal@zarpo.io

2. PURPOSE AND SCOPE

As a User, you state that, at the time of making the purchase ("Purchase"), you know the conditions of sale indicated for each Product, and you accept them expressly and without any reservation. Products means the personalised books generated using artificial intelligence technology, in both physical and digital format, as well as the other Products and Services that Zarpo may market from time to time through the Website (the "Product").

Placing the order ("Order") and its confirmation make the User a customer and imply full and complete acceptance of these T&Cs, as well as acceptance of the rest of the Website Legal Terms and any others expressly indicated by Zarpo.

To generate the personalised Product, the User may provide Zarpo with information, instructions, photographs, images, names, personal descriptions, preferences, dedications, narrative context or other materials (hereinafter, the "Content").

3. PURCHASE CONDITIONS

By using the Site and placing Orders, Users undertake to:

1. 1. Use the Site to make legally valid enquiries or Orders.
2. 2. Not place false or fraudulent Orders. If it is reasonably considered that a User has placed an Order of that kind, Zarpo will be authorised to cancel it and inform the relevant authorities.
3. 3. Provide truthfully and accurately the data needed to process the Order.
4. 4. By placing an Order through the Site, the User declares that they are over 18 years of age and have the legal capacity to enter into contracts.

4. TYPES OF PRODUCTS

Zarpo markets the following types of Products:

a) Personalised Products in physical format: high-quality printed Products generated using artificial intelligence technology from the information, photographs, instructions and Content provided by the User during the personalisation process. Once the Product has been produced, it will be sent to the address indicated by the User.

b) Personalised Products in digital format: a digital version of the personalised Product, generated using artificial intelligence technology from the Content provided by the User. It is delivered by digital access or download in the format indicated on the Site at the time of contracting.

5. PURCHASE PROCESS

a) Availability of the Products

Through the Website it is possible to request from Zarpo the Purchase of its Products and Services. Please bear in mind that the Products offered on the Website are manufactured exclusively on demand. This means that these Products are not held in stock and their production will begin once the Order has been received and the corresponding payment confirmed.

The availability of all Products, including those made on demand, will be subject to what is indicated on the Site at the time the Order is placed.

Products may require additional time for their production and delivery. The estimated times for production and shipping will be indicated in the description of the corresponding Product and in the Purchase process. These times are approximate and may vary depending on external factors such as demand, the availability of materials and shipping conditions.

b) How to place an Order

To place an Order, you must follow the online Purchase procedure, completing all the fields shown as mandatory and selecting the Product you wish to acquire. All Products include information on their characteristics and their Purchase price, including applicable taxes.

The data needed to place the Order that is requested in the corresponding form must be provided, and Users are responsible for the truthfulness of the personal data provided to Zarpo.

After final validation of the Order by Zarpo and confirmation from the chosen payment gateway, the User will receive an order confirmation email ("Order Confirmation"), which will contain the price, the applicable taxes and, where applicable, the costs and an estimated shipping time, as well as information about the Products acquired.

The Order Confirmation must be kept as proof of the Order.

Zarpo reserves the possibility of not confirming an Order for reasons such as the availability of the Product, an abnormal Order or a suspicion regarding the buyer’s age. Regardless of the above, Zarpo will inform the User of such circumstances as soon as possible, offering an alternative solution where possible.

c) Technical Means for Correcting Errors

The Site has confirmation windows in each of the sections of the purchase process. The Site also shows the details of everything the User has added to their shopping cart, so that, before making payment, they can check and, where applicable, modify the details of their Order.

The User may freely modify the content of their story, characters and illustrations at any time before approving the Product. Once the Product has been approved, Zarpo will begin its production and it will not be possible to make changes to its content. If the User needs to correct shipping details (such as the delivery address) before approval, they must contact Zarpo at hello@zarpo.io. Once the Product has been approved, Zarpo will not be responsible for the impossibility of modifying its content or the Order details, nor for any errors during its processing. All costs arising from errors directly attributable to the User must be borne by the User.

Once this period has elapsed, Zarpo will not be responsible for the impossibility of modifying the data, nor for any errors during the processing of Orders. All costs arising from errors directly attributable to the User must be borne by the User.

d) Delivery

The User may choose the shipping address during the Purchase process. The shipping cost will be calculated and shown to the User when placing the Order. Please note that Zarpo may not ship to certain addresses, so you must select an available shipping address.

The User will receive the Products and, where applicable, the documents with information about the Products contracted, at the address they indicated when placing the Order. Zarpo will under no circumstances be responsible if the User is not at the indicated address at the time of Delivery.

Delivery of the Order (the "Delivery") will be deemed to have taken place at the moment the User, or whoever is indicated, acquires physical possession of the Product at the shipping address provided. In the case of Products in digital format, Delivery will be deemed to have taken place at the moment the User can access or download the Product through the means indicated by Zarpo.

e) Price and payment method

The prices of the Products are those shown on the Site at the time the Order is placed, including the taxes applicable in each case.

Prices may change at any time, but any changes will not affect Orders for which the Order Confirmation has already been sent.

Once the Products you wish to acquire have been selected, they will be added to the cart and the next step will be to process the Order and make payment. To do so, the steps of the Purchase process must be followed, filling in or checking the information requested at each step. In addition, during the Purchase process, before making payment, the Order details may be modified.

All charges made will be itemised before the Order Confirmation, including the breakdown of prices and applicable taxes.

You may use the means of payment indicated on the Site. Zarpo reserves the right to suspend processing of the Order if payment authorisation is refused by the bank or the payment institution concerned in each case.

Means of payment other than those specified directly on the Site will not be accepted. All transfers and payments made through the Site are carried out using secure protocols to guarantee the protection of the data. All data travels encrypted through the gateways’ secure payment platforms and is not stored by Zarpo.

f) VAT and Invoicing

In accordance with Article 68 of Law 37/1992, of 28 December, on Value Added Tax, the supply of the items will be deemed to be located within the territory where Spanish VAT applies. The applicable VAT rate will be the one legally in force at any given time.

The User expressly authorises Zarpo to issue the invoice in electronic form, although the User may request the invoice on paper, in which case Zarpo will send it to the postal address indicated in the Order or to the one the User indicates for that purpose.

6. RIGHT OF WITHDRAWAL, EXCHANGES AND RETURNS

If the User considers that, at the time of delivery, the Product, if they chose this option, does not match what is stipulated in the description on the Website, does not meet the agreed specifications or has manufacturing defects, they must contact Zarpo immediately through the contact channels established on the Website, providing the details of the Product as well as a description of what happened, and we will tell them how to proceed and the solutions available to them.

In accordance with Article 103, letter c), of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws (hereinafter, "TRLGDCU"), the User may not exercise the right of withdrawal with respect to the content of personalised Products in physical format, as these are goods made to the User’s specifications and clearly personalised.

Likewise, in relation to Products in digital format, in accordance with Article 103, letter m), of the TRLGDCU, the User may not exercise the right of withdrawal once performance of the contract has begun, with the User’s prior express consent and their acknowledgement that they lose their right of withdrawal as a result of performance beginning.

The express consent referred to in the previous paragraph will be obtained from the User at the moment they approve the final content of their Product and authorise the start of its production and/or supply, at which moment Zarpo will begin generating or making available the digital content and, where applicable, sending the physical Product to print. That consent will be recorded together with the date and time, the identification of the User and of the Order, and the version of the Product approved. Notwithstanding the above, and as a commercial gesture unrelated to any legal right of withdrawal, Zarpo may offer, at its discretion, a refund of the amount paid if the User expresses dissatisfaction with the result before the physical Product is sent to print, in which case Zarpo will bear the cost of the generation already carried out.

7. EXEMPTION FROM LIABILITY. REPRESENTATIONS AND WARRANTIES.

a) Guarantees

The Products offered on the Site comply with national and European Union legislation.

Products are understood to be in conformity provided that (i) they match the description given on the Site and have the qualities indicated there, (ii) they are fit for the purposes for which Products of the same type are ordinarily intended and (iii) they offer the quality and performance usual for a Product of the same type that can reasonably be expected.

b) Liability

Unless otherwise provided in these T&Cs, Zarpo assumes no liability in relation to the purchase of the Products, except for errors in the Order attributable to Zarpo.

However, if you have any questions about the Products, you can contact Zarpo through the channels indicated on the Site.

In any case, Zarpo’s liability in relation to any Product acquired on the Site is strictly limited to the Purchase price, unless the law provides otherwise.

Zarpo will not assume any liability for the following losses, regardless of their origin:

1. 1. Loss of income or sales.
2. 2. Loss of business.
3. 3. Loss of profits or loss of contracts.
4. 4. Loss of anticipated savings.
5. 5. Loss of data.
6. 6. Loss of management time or office hours.
7. 7. Inappropriate, negligent or incorrect use of the Products.
8. 8. Incompatibility with other Products or systems.
9. 9. Delays in the Delivery of the Products not attributable to Zarpo.

Due to the open nature of the Site and the possibility of errors occurring in the storage and transmission of digital information, the accuracy and security of information transmitted or obtained through the Site is not guaranteed.

Zarpo will not assume any liability for content, statements or expressions resulting from the instructions or content provided by the User in the Product personalisation process, insofar as the generated result responds directly to those instructions. The above is without prejudice to any liability that may correspond to Zarpo under the applicable mandatory rules.

To the extent permitted by law, Zarpo makes no representation or warranty in relation to the performance of the Products and is not responsible for the use the User makes of those functions or for the reliance the User places on them. The User acknowledges and accepts that their decision to rely on and/or use any of the Products is at their own risk and that, to the maximum extent permitted by applicable law, Zarpo will not be liable for any loss or damage arising out of or in connection with such reliance or use.

8. ARTIFICIAL INTELLIGENCE

8.1 Content provided by the User

The User is responsible for ensuring that the Content they provide to Zarpo is lawful, truthful, accurate and suitable for the contracted purpose.

The User declares and warrants that they have sufficient rights, authorisations, consents, legal bases or legal standing to provide Zarpo with any photograph, image, name, personal data, description, story, text or material they incorporate into the Product creation process.

Where the User provides information or images relating to third parties, including minors, family members, friends, employees, customers or any other person other than the User, they declare and warrant that they have sufficient authorisation, consent, legal basis or legal standing to do so.

Zarpo will not be responsible for any lack of lawfulness, accuracy, authorisation, legal standing or sufficiency of the content provided by the User, except in those cases where the liability arises directly from an action attributable to Zarpo or cannot be excluded under the applicable mandatory rules.

8.2 Special protection of minors and third parties

Zarpo is not directed at minors and does not allow paid Services to be contracted by persons under eighteen years of age.

Zarpo may refuse, suspend or cancel the generation of content where there are reasonable indications that the Content provided may infringe the rights of third parties, the rights of minors, the rights to honour, privacy or one’s own image, data protection legislation, intellectual property rights or any other applicable legislation.

8.3 Prohibition of certain uses

The User may not use Zarpo to request, upload, generate, transform, store, download or disseminate content that is unlawful, harmful, misleading, discriminatory, violent, offensive or contrary to the rights of third parties.

In particular, it is expressly prohibited to use Zarpo to:

1. a. generate content that exploits, sexualises, harms, humiliates or endangers minors;
2. b. create intimate, sexual, degrading or humiliating content, real or synthetic, relating to any person;
3. c. manipulate images of people for the purpose of harassment, discrediting, identity theft, fraud, defamation or reputational harm;
4. d. falsely attribute to a person facts, conduct, opinions, statements or situations that may affect their honour, privacy, image or reputation;
5. e. use images, names, personal data or information of third parties without sufficient authorisation, legal standing or legal basis;
6. f. infringe intellectual or industrial property rights, or the rights to honour, privacy, one’s own image, data protection or any other rights of third parties;
7. g. generate content that is discriminatory, violent, threatening, defamatory, obscene, unlawful or contrary to the applicable legislation;
8. h. attempt to extract, reproduce, discover, copy or reverse engineer models, systems, instructions, internal logic, security measures or technical components of Zarpo or its providers;
9. i. use the Service to develop, train or improve competing artificial intelligence systems or models, or ones not authorised by Zarpo;
10. j. circumvent filters, controls, security measures, usage restrictions or moderation mechanisms implemented by Zarpo or by its technology providers.

Zarpo may suspend, block or cancel accounts, orders, instructions or content where there are reasonable indications of a breach of these T&Cs or of the applicable legislation.

To give any notice of the presence of potentially illegal content, or content infringing the rights of third parties, in relation to a Product being generated or already generated, any person may contact Zarpo at the address legal@zarpo.io, identifying the content in question and the reason for the notice. Zarpo will process the notices received diligently and will take the appropriate measures, which may include the suspension or cancellation of the corresponding Order.

Zarpo reserves the right to suspend, block or cancel an Order at any stage of the production process, even once generation or printing has begun, when it detects or is notified that the Content provided by the User may infringe intellectual or industrial property rights, the rights to honour, privacy or one’s own image, data protection legislation or any other applicable legislation. In that case, Zarpo will refund the price paid, and the User will not be entitled to any additional compensation.

8.4 Transparency and information on the use of artificial intelligence

In compliance with Regulation (EU) 2024/1689 of the European Parliament and of the Council, of 13 June 2024, laying down harmonised rules on artificial intelligence (hereinafter, the "AI Act"), and with the legislation applicable at any given time, Zarpo will provide the User, in a clear, understandable and accessible way, with sufficient information on the use of artificial intelligence systems in the provision of the Service, before contracting and, where appropriate, during the personalisation or Order confirmation process.

Whenever the User interacts with features based on artificial intelligence, Zarpo will endeavour to make this clearly identifiable, so that the User can know at each stage of the process that they are interacting with an automated system and not with a natural person.

9. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

These T&Cs constitute a binding contract for both the User and Zarpo, as well as for their respective successors, assignees and successors in title.

The User may not transmit, assign, encumber or in any other way transfer the contract or any of the rights or obligations arising from it without having obtained the prior written consent of Zarpo.

Zarpo may transmit, assign, encumber, subcontract or in any other way transfer the contract or any of the rights or obligations arising from it, at any time during its term.

For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, where applicable, the User has by law as a consumer, nor will they cancel, reduce or in any other way limit the guarantees, whether express or implied, that may have been given.

10. FORCE MAJEURE

Zarpo will not be liable for any failure or delay in performing any of the obligations it has assumed when this is due to events beyond its reasonable control ("Force Majeure Event").

Force Majeure Events will include any act, event, omission or accident beyond Zarpo’s reasonable control.

The obligations will be suspended for the period during which the Force Majeure Event continues, and Zarpo will have an extension of the time limit for performing those obligations for a period of time equal to the duration of the Force Majeure Event. Zarpo will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows it to perform its obligations despite it.

11. WAIVER

Failure by Zarpo to require strict performance by the User of any of the obligations assumed under these T&Cs, or failure by Zarpo to exercise the rights or actions that may correspond to it under the T&Cs, will not constitute any waiver or limitation of those rights or actions, nor will it release the User from performing those obligations.

No waiver by Zarpo of a specific right or action will constitute a waiver of other rights or actions arising from the T&Cs, nor will it take effect, unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

12. INTELLECTUAL PROPERTY

The information contained on the Site, as well as its contents, is owned by Zarpo or by its authors and is considered protected works in accordance with the provisions of Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Spanish Intellectual Property Law. Under no circumstances may it be understood that Zarpo assigns to our Users, or authorises them to exploit in any of its forms, the rights over such contents beyond what is strictly necessary for the use of the contracted Service.

The trade marks, trade names or distinctive signs of any kind that appear on the Site are owned by Zarpo or have been published with the consent of their lawful owners, and access to the Site may not be understood as granting Users any right over those trade marks, trade names and/or distinctive signs.

To make any kind of observation regarding possible infringements of intellectual or industrial property rights, or regarding any of the contents of the Site, you can contact Zarpo through the email address legal@zarpo.io, attaching the relevant information.

Access to and use of the Site does not grant Users any intellectual or industrial property right over Zarpo’s Content. Zarpo reserves the right to take the appropriate legal measures, and the User will be liable for any infringements attributable to them.

The use of the designs, photographs, graphics, logos, headers, button icons, scripts, images and other trade marks or distinctive signs owned by Zarpo is prohibited, Zarpo being their sole owner. All other trade marks not owned by Zarpo that appear on the Site or are related to Zarpo are the property of their respective owners.

A User who acquires a Product may not reproduce, transform, create derivative works from or communicate to the public the work or content underlying that Product for commercial exploitation purposes without the express written authorisation of Zarpo. However, Zarpo expressly authorises the User to reproduce and communicate to the public extracts, images or fragments of the acquired Product exclusively for their personal and non-commercial use, including publishing them on social networks or similar platforms for private or family use or to recommend the Service. Zarpo reserves the right to revoke the authorisation granted here and to require the removal of any publication or use that goes beyond the personal and non-commercial scope described, without prejudice to any legal actions that may be available to it against the User or against third parties who reuse such Content for unauthorised purposes.

Zarpo may also ask the User for their express and specific consent to use their Product, images or testimonial for Zarpo’s marketing and promotional purposes, as provided for in the Privacy Policy. The absence of that consent will in no way affect the provision of the Service or the User’s rights as a buyer.

13. DATA PROTECTION

The information or personal data that the User provides will be processed in accordance with the Privacy Policy. Zarpo guarantees the confidentiality of the data provided for the acquisition of the Products and/or Services offered through the Website and its processing in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.

The User understands and accepts that Zarpo may share their data with service providers that collaborate in the development of its activity.

You can access all the information about how we process your data in Zarpo’s Privacy Policy and/or contact Zarpo at the address legal@zarpo.io

14. PARTIAL INVALIDITY

If any of the provisions of these T&Cs is declared null and void by a final decision issued by a competent authority, the remaining provisions will remain in force and will not be affected by that declaration of invalidity.

15. ENTIRE AGREEMENT

These Website Legal Terms and every document expressly referred to in them constitute the entire agreement between the User and Zarpo in relation to their subject matter.

16. RIGHT TO MODIFY THE T&Cs

Zarpo has the right to revise and modify these T&Cs at any time.

The User is subject to the T&Cs in force at the time they use the Site or place each Order, unless by law or by decision of governmental bodies changes must be made with retroactive effect to any of the T&Cs, in which case any changes may also affect Orders the User placed previously.

17. LANGUAGE

Zarpo gives priority to serving the User in their own language and, for this reason, these T&Cs have been translated into several languages. However, in the event of conflict or doubt about the meaning or scope of any section, term or expression contained in these T&Cs, the Spanish version shall prevail, as it is the original version in which they were drafted.

18. APPLICABLE LAW

The use of the Site and the Website Legal Terms are governed by Spanish law. Any dispute arising from or relating to the use of the Site or those contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect the rights granted to you as such by the legislation in force.

In addition, you may send your complaints and claims directly to Zarpo at the following address: legal@zarpo.io