Introduction

These General Terms and Conditions (hereinafter, the “Terms”) govern the contractual relationship between Discernin, with registered office in Valencia (46023), Avenida de Francia, 44 mezzanine, and the individual user who, meeting the requirements established in these Terms and Conditions, purchases a subscription (hereinafter, the “Subscriber”) to Discernin+ in any of its variants and options.

These Terms and Conditions are binding on Discernin and the Subscriber.

The terms and conditions governing browsing and use of the Discernin website can be found at the following link: https://discernin.com/legal-notice/

Discernin+ service description

2.1 The Discernin+ service consists of the ability to read all premium articles and content on the Discernin website.

2.2 Subscribers to the Discernin+ Service will have access to all content on the Discernin web portal.

2.3 Subscribers may not simultaneously access the Discernin+ Service on more than one (1) device, by the provisions of Condition 4.6 below.

2.4 Products that require payment of an additional fee and are expressly indicated in the product description will not be included in the Discernin+ service.

Discernin+ service duration

3.1 The Discernin+ service is contracted under the following conditions and according to the following subscription modalities:

3.1.1 Discernin+ monthly: allows the Subscriber to access the Discernin+ Service for one (1) calendar month, counted from date to date, that is, from the day the subscription is contracted until the same time and date of the following month (for example, if the service is contracted on January 9th at 4:00 PM, the subscription will end on February 9th at 4:00 PM). If there is no corresponding date in the following month, the subscription expires on the last day of the corresponding month (for example, if contracted on January 31st at 4:00 PM, the subscription will expire on February 28th at 4:00 PM).

3.1.2 Discernin+ Annual: Allows the Subscriber to access the Discernin+ Service for one (1) calendar year, counted from date to date, that is, from the day the subscription is purchased until the same time and date of the following year (for example, if the service is purchased on January 9th at 4:00 PM, the subscription will end on January 9th at 4:00 PM of the following year). If there is no corresponding date in the following year, the subscription expires at the same time on the last day of the same month of the following year (for example, if the subscription is purchased on February 29th at 4:00 PM, the subscription will expire on February 28th at 4:00 PM of the following year).

3.2 At the end of any of the contract periods chosen by the Subscriber, the subscription to the Discernin+ Service will be automatically renewed for periods of equal duration, unless the Subscriber notifies Discernin of his or her wish not to renew it, at any time, during the term of the subscription in force at that time.

Access and contracting for the Discernin+ service

4.1 To access the “Discernin+” service, the user’s device must meet the following technical requirements:

a) Internet connection.

b) Have a device with a browser that supports the quality of the Discernin+ service. Recommended browsers include: Safari, Chrome, Firefox, Mozilla, Edge, or Samsung Internet (the latest versions).

4.2 The user may subscribe to the Discernin+ service electronically on the Discernin website https://discernin.com/membership-levels/, requiring prior registration and acceptance of these Terms and the Privacy Policy https://discernin.com/privacy-policy/

4.3 To subscribe to the Discernin+ service in any form, the Subscriber must have a user account or, if they do not have one, must create one beforehand, complete the subscription form, confirm acceptance of these Terms and the Privacy Policy, and make the corresponding payment.

4.4 If the Subscriber chooses to subscribe to and pay for the Discernin+ service using Apple Pay through the “Subscribe with Apple” option, they must also comply with Apple’s terms and conditions, for which Discernin expressly disclaims all liability.

4.5 Once the contracting process is complete, the Subscriber will receive confirmation of the contract at the email address they provided. The agreement will be deemed complete, and therefore, the Discernin+ service will be activated, only upon the Subscriber’s effective payment. Discernin does not undertake to archive the electronic document formalizing the Contract with acceptance and payment, nor to make said Contract accessible to the Subscriber. Therefore, the Subscriber is recommended to store and/or print the Contract.

4.6 The Subscriber must maintain control of all devices used to access the Discernin+ Service and must not disclose the username, password, and/or payment method details associated with their account to anyone. Therefore, each user account allows access to Discernin+ from only one device at a time. In the event of fraudulent access to the Discernin+ service from more than one (1) device simultaneously with the same user account, access will be automatically disabled for any open sessions that exceed the maximum allowed.

Subscriber profile

5.1 Only individuals over 18 years of age may purchase the Discernin+ service.

Discernin+ service price

6.1 The price of the Discernin+ service is available at the following link: https://discernin.com/subscription-plans/

6.2 The Subscriber must pay the corresponding price through one of the following payment methods: credit or debit card, following the instructions provided during the payment process, or through the methods accepted by Apple Pay, if the Service is purchased through “Subscribe with Apple,” with the charge being made before the start of the subscription period.

6.3 Prices are set in US Dollars for Discernin+ Service purchases within the European Union. For all other countries, Discernin will determine the corresponding currency for the Discernin+ Service purchase under the specific terms and conditions applicable to each territory.

6.4 Discernin may establish different promotions from which Subscribers may benefit. Subscriptions will be governed by their specific terms and conditions, which will apply jointly with these Terms and Conditions. However, in the event of a conflict between the particular terms and conditions of a promotion and these Terms and Conditions, the specific terms and conditions for the promotion in question will prevail over these Terms and Conditions.

6.5 Additionally, Discernin may offer Subscribers the option to pay for the Discernin+ Service through Apple Pay, choosing, where available, the “Subscribe with Apple” option. This option will be associated with a promotion, governed by its specific terms and conditions, which will apply jointly with these Terms and Conditions. However, in the event of a conflict between the specific terms and conditions of a promotion and these Conditions, the specific terms and conditions for the promotion in question will prevail over these Conditions.

Use of the Discernin+ service

7.1 The Subscriber shall be solely responsible for their use of the Discernin+ Service, which must be carried out, in all cases, by the Terms and Conditions established herein and the rules established at the following link: https://discernin.com/legal-notice/

7.2 The Subscriber acknowledges and accepts that all content accessible through the Discernin+ Service is for personal use. The Subscriber may not use the Discernin+ Service for commercial or public purposes or share it with third parties. The Subscriber may not make illegal use of the Discernin+ Service.

7.3 Discernin is not responsible for the Subscriber’s failure to use the Discernin+ Service, its failure to use it by the Terms and Conditions of Use, or for access to it being limited due to malfunctions or overloads of the Internet or other networks, telecommunications services, failures or problems related to computers or other communication devices or systems.

7.4 Any use of the Discernin+ Service that violates the provisions of this clause and the Terms and Conditions will be considered a material breach by the Subscriber of this Agreement, with the effects outlined in the Breach clause.

Subscription cancellation

8.1 The Subscriber may unilaterally cancel the contracted subscription and, therefore, unsubscribe from the Discernin+ Service at any time during its term. Such cancellation or termination will not, under any circumstances, entail a refund of any amounts the Subscriber has paid in consideration for the subscription to the Discernin+ Service. These amounts are non-refundable.

8.2 To cancel the subscription to the Discernin+ Service, the Subscriber must go to the “Your Account” page, then “Cancellation” and follow the instructions detailed therein.

8.3 Subscribers who subscribed through “Subscribe with Apple” must cancel their subscription in their Apple account.

8.4 If Discernin decides to terminate a service for business or other reasons other than due to the Subscriber’s breach of these Terms, it must notify the affected Subscriber thirty (30) days before the cancellation date. Should this occur, Discernin will refund the Subscriber any amounts corresponding to the remaining subscription period.

Intellectual property

9.1 Discernin, by itself or as an assignee, insofar as it is considered a collective work of Discernin, is the owner of all intellectual and industrial property rights of its Discernin website, as well as the elements contained therein (for example, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Discernin reserves all rights; therefore, under the provisions of the Intellectual Property Law, the reproduction, distribution, transformation and public communication, including the method of making available, of all or part of the contents of the Discernin+ Service, the Discernin website, its application, etc., for commercial purposes, on any medium and by any technical means, without the authorization of Discernin, is expressly prohibited. The Subscriber is obliged to respect the intellectual and industrial property rights owned by Discernin.

9.2 The Subscriber may view the content, print it, copy it, and store it on their computer’s hard drive or any other physical medium, provided that this is solely and exclusively for their personal and private use. The Subscriber must refrain from deleting, altering, circumventing, or manipulating any protection device or security system installed on the Discernin pages, as well as from performing any act of exploitation or commercialization, in whole or in part, of the content of the Discernin+ Service.

Breach and termination

10.1 Without prejudice to any other cause for termination outlined in these Terms, Discernin shall have the right to terminate the Agreement with immediate effect and, at the same time, make the Discernin+ Service unavailable to the Subscriber immediately if:

(a) The Subscriber fails to make the corresponding payment.

(b) There is unauthorized use of the Discernin+ Service, or there are reasonable grounds to suspect that such unauthorized use is taking place.

(c) The Subscriber has otherwise committed a material or repeated breach of the Agreement.

If the Subscriber has made any payment, the Subscriber shall not be entitled to a refund of the amounts paid. If the breach is due to non-payment by the Subscriber, Discernin reserves the right to take any legally necessary measures to comply with the pecuniary obligations arising from the Subscription contract, including the claim for any applicable late payment interest.

10.2 In the event of a breach of this Agreement by Discernin due to an unresolved issue, the Subscriber shall be entitled to terminate the Agreement, and Discernin shall undertake to refund the proportional amount paid for the remaining period of the subscription. The Subscriber must communicate their intention to terminate the Agreement and provide proof of the issue by contacting info@discernin.com.

10.3 For any incident with the Apple Pay service, the Subscriber must contact Apple through the contact methods provided by Apple.

Modification of the Terms and Conditions of the Discernin+ Service

11.1 Discernin reserves the right to unilaterally modify these Terms at any time. However, Subscribers will be notified of such changes thirty (30) days in advance through the means specified in Condition 14 below, “Notifications.” If they do not agree with the changes, they may express their desire not to renew their current subscription. The changes will affect new Subscribers as of the start of the contract and Subscribers who are already active at the time of the change in Conditions.

Personal data protection

12.1 The Privacy Policy can be consulted at this link: https://discernin.com/privacy-policy/

Limitation of liability, service interruptions, and outages

13.1 Interruptions, outages, and other malfunctions in the Discernin+ Service caused by Discernin must be reported to Discernin as soon as possible so that the Subscriber is entitled to any compensation that may apply. For these purposes, Discernin will be liable only for interruptions, outages, and other breakdowns that are attributable to circumstances within Discernin’s control for which Discernin is responsible. In this regard, if the Discernin+ Service is unavailable for use for a continuous period of at least 24 hours, Subscribers, upon request, will be entitled to a deduction from the Service fee. The deductible amount will be calculated based on the entire twenty-four-hour period during which the breakdown persisted, beginning from the moment the Subscriber notified Discernin of the breakdown until the moment the breakdown was corrected. The corresponding deduction will be applied when paying the next monthly/annual fee. If the service is not renewed, Discernin may refund the corresponding amount to the Subscriber.

13.2 Discernin will not be liable for any malfunctions in the Discernin+ Service beyond Discernin’s control or any other malfunctions due to the Subscriber’s use of the service or its devices.

13.3 Discernin, its subsidiaries, employees, board members, partners, administrative body, etc., will not be liable, under any circumstances, for any loss or damage incurred by the Subscriber as a result of using the Discernin+ service.

Notifications

14.1 Discernin may send notifications to the Subscriber by email, SMS, postal mail, invoice, posting on the Discernin website, and/or browser push notification. Such notifications may, for example, include relevant information related to the subscription/account, such as updates and modifications to the Discernin+ Service. The subscriber will be deemed to have received notifications immediately when sent by the means expressly indicated by the Subscriber.

Assignment

15.1 Discernin may, without the Subscriber’s authorization, assign the Agreement and the rights and obligations contained therein to any company belonging to its corporate group, as well as to any third party.

15.2 The Subscriber may not assign this Agreement without Discernin’s prior written authorization.

Invalidity

16.1 If any of the Discernin+ Service Conditions are declared unenforceable or void, such declaration will not affect the other Conditions of this Agreement.

Applicable law and jurisdiction

17.1. These Conditions shall be construed and governed by Spanish law. Discernin and the Subscriber undertake to attempt to resolve, amicably, any disagreement that may arise in the performance of the contracted service, before resorting to legal proceedings. For this purpose, the parties expressly waive any jurisdiction that may apply to them and submit to the courts of Discernin’s registered office.