Terms and conditions for the Metricool Expert training program and access rights to the Certification

Preliminary:

For the purposes of these contracting conditions, the following terms shall have the meaning indicated below:

COURSE: the free online training “Metricool Expert Course.”

Certification: a document certifying expert-level knowledge of the Metricool tool, at the discretion of the COURSE’s teaching management, issued by METRICOOL and not constituting an official qualification.

STUDENT: an individual interested in taking the COURSE free of charge and, where applicable, contracting access rights to the exam, against payment of a fee, in order to obtain the Certification.

AGENCY: an individual or legal entity interested in contracting access rights to the exam, against payment of a fee, so that up to 5 people linked to their professional/business activity may obtain the Certification.

By accepting these terms and conditions, the user (STUDENT or AGENCY) expressly declares that they have read and understood their content, are of legal age, and have sufficient capacity to be bound by the terms contained therein.

Access rights to the Certification exam: compensation that the STUDENT or AGENCY must pay so that the student or members of the AGENCY team can take the Certification exam.

  1. Identification of the parties:

The parties to the contract covered by these terms and conditions are the STUDENT or AGENCY and the commercial company Metricool Software, S.L., with registered office at c/ Téllez, No. 12, Mezzanine H, 28007, Madrid, Spain, with Tax Identification Number (NIF): B87527115 (VAT: ESB87527115), duly registered in the Madrid Mercantile Registry in Volume 34,491, Page 123, Section 8, Sheet M-620,321. Hereinafter, METRICOOL.

METRICOOL can be contacted directly and effectively at the following email address: [email protected].

  1. Purpose of the contracting conditions:

These conditions establish the terms and conditions for the STUDENT to complete the COURSE, as well as for the STUDENT or the AGENCY to purchase access rights to the exam in order, where applicable, to take the exam and be eligible to obtain the Certification.

2.1. COURSE training program:

The COURSE training program consists of 5 blocks:

  1. Metricool on each social network
  2. Google Ads, Facebook Ads, and TikTok Ads
  3. Advanced functions
  4. Zapier and Looker Studio
  5. App and Extension

Each block consists of audiovisual content, materials, and templates for completing the COURSE practical exercises.

It is estimated that the STUDENT should dedicate at least 20 hours of study to fully understand the contents of the COURSE training program.

2.2. Certification as an expert in the use of the Metricool tool:

The Certification is not an official qualification, but merely a document certifying that the STUDENT understands the operation of the Metricool tool in expert mode, as determined by the COURSE’s teaching director. It will be issued by METRICOOL.

The STUDENT will obtain the Certification provided they have met the access rights to the exam and pass at least 85% of the multiple-choice questions. The exam will consist of a specific number of questions and/or questions related to the Metricool tool, with three possible answers, only one of which will be correct.

The STUDENT will have the option of taking a second make-up exam if they fail the first one.

The STUDENT will have a maximum of 90 days to take the exam (and, if applicable, the second make-up exam) from the date of payment of the exam access fees.

Payment of the exam access fees does not, under any circumstances, entitle the STUDENT to obtain the Certification. It only grants the STUDENT the right to take the exam. Certification will only be obtained if the exam is passed in the manner indicated in the previous paragraph.

Furthermore, by purchasing the access fees for the Certification exam, the STUDENT will have access to a free 3-month trial of the Advanced plan (with management of up to 15 brands) of the Metricool tool, allowing them to test all the advanced features before the exam, provided they have not already purchased that plan or higher.

For clarity, access to the Advanced plan (up to 15 marks) of the Metricool tool will only be granted to STUDENTS who do not have that plan, a similar plan, or a higher plan, whether they have purchased access rights to the Certification exam individually or through the AGENCY to which they are affiliated. Under no circumstances will the AGENCY have access to an Advanced plan by purchasing access rights to the exam for their team members; only those members will be granted access if they do not have that plan or higher.

Under no circumstances will the Certification be issued to legal entities or entities, but exclusively to individuals who comply with the provisions of these terms and conditions.

No refunds for access rights to the Certification will be issued if the STUDENT does not pass the exam.

  1. Procedure for accessing the COURSE and purchasing access rights to the Certification exam:

3.1. Procedure for accessing the COURSE:

To access the COURSE content, the STUDENT must register using the form provided at https://expert.metricool.com/.

The STUDENT must provide the requested information, read the privacy policy and these terms and conditions, and if they agree, check the acceptance box and click the “CREATE AN ACCOUNT” button.

Once the account is created, the STUDENT will receive an email at the address provided to activate the account via a link.

After successfully completing the process, the STUDENT will have free access to the COURSE content.

3.2. Procedure for purchasing access rights to the Certification exam:

To purchase access rights to the Certification exam, the STUDENT or AGENCY must access https://expert.metricool.com/ and select whether they wish to purchase individually as a STUDENT or as an AGENCY, then:

a) Click the corresponding button to begin the purchase process.

b) Click the “Sign up” button or similar.

c) Fill in the billing details.

d) Identify yourself as a Metricool user/customer or provide the information requested in the registration form.

d) Read the privacy policy and these terms and conditions, and if you agree, accept them by checking the corresponding checkbox.

e) Select the payment method (credit/debit card or PayPal).

f) Click the “Place order” button and proceed with the payment using the selected method.

Once the entire procedure has been satisfactorily completed, METRICOOL will send the STUDENT or AGENCY a confirmation of the contract with all the details, the invoice, and a PDF copy of these terms and conditions.

If the exam access rights have been contracted as an AGENCY, Metricool will provide a CODE that up to 5 students affiliated with the AGENCY can use to access the exam. To do so, they must follow the same contracting procedure described above, except that the STUDENT will not have to pay any additional fees when using the aforementioned CODE.

The AGENCY may only provide the CODE to individuals affiliated with it. METRICOOL reserves the right to request proof of this relationship (employment or business) from the AGENCY. If this is not proven, METRICOOL will not be obligated to issue the Certification.

3.3. Payment by card:

If payment by bank card has been selected, the charge will be made in real time through the virtual POS terminal once the information provided has been verified as correct. METRICOOL will not store any of your credit/debit card details.

At the time of payment, your card details will be encrypted and transmitted securely using an SSL certificate, for the sole purpose of processing the payment for the COURSE to the financial institution.

Credit cards are subject to verification and authorization by the issuing institution; however, if the institution does not authorize the payment, we cannot consider the COURSE purchase to be finalized. If the STUDENT uses this payment method, they guarantee that they have full authorization to use the card in question in the purchase process.

3.4. Payment via PayPal: To use this payment method, you must have a PayPal account. For more information: https://www.paypal.com/es/.

If payment is made through this system, full authorization for the use of the corresponding PayPal account is confirmed.

  1. Technical requirements for completing the COURSE and the Certification exam:

To complete the COURSE and the Certification exam, you must have a device with a properly updated browser installed, as well as an adequate internet connection.

  1. Modifications to the COURSE training program:

METRICOOL reserves the right to make specific changes to both the content of the COURSE training plan and the teaching staff, in response to the need to update the content, improve the achievement of teaching objectives, or due to force majeure or unforeseen circumstances, or those that, having been foreseen, are unavoidable.

  1. Certification Exam Access Rights and Billing:

6.1. Certification Exam Access Rights:

The Certification exam access rights are publicly displayed on the website https://expert.metricool.com/ prior to the STUDENT’S or AGENCY’S purchase.

The applicable VAT will be applied to the Certification exam access rights.

6.2. Billing:

METRICOOL will issue the corresponding invoice; for this purpose, the corresponding billing information must be provided.

The STUDENT or AGENCY expressly consents to METRICOOL issuing the invoice in electronic format, which will be sent by email.

If the STUDENT is a consumer, he/she may revoke this consent by sending an email to this effect to the following address: [email protected].

  1. Intellectual Property of the COURSE Content:

METRICOOL is the legitimate owner of all intellectual and industrial property rights to the content made available to students in the COURSE. The reproduction, distribution, public communication, including the method of making it available, and the transformation of all or part of the COURSE content, on any medium and by any technical means, as well as any form of economic exploitation of the content, is expressly prohibited without the express written authorization of METRICOOL.

It is also expressly prohibited to delete, alter, circumvent, or manipulate any protection device or security system installed on the website.

It is therefore understood that the STUDENT may not use the COURSE content and documentation (videos, presentations, exercises, technical notes, etc.) that METRICOOL may provide for purposes other than their own training, unless expressly authorized in writing by METRICOOL.

  1. Complaints:

Any complaint related to the contract covered by these terms and conditions will be addressed by email at [email protected].

In any case, the official complaint, claim, or report form can be downloaded from the website of the STUDENT’S municipality and/or autonomous community.

Even if the official form is not available, a complaint may be submitted in any format and to any competent municipal or autonomous government. Simply write a written statement detailing the details of the complainant and the respondent, the facts, and the request.

The claim must include:

– Name, address, ID number, email address, and phone number of the claimant.

– Business name, company name/first and last name, address, Tax Identification Number (TIN), email address, and phone number of the company against which the claim is being filed.

– Brief and clear description of the facts of the claim.

– The claim’s request.

8.1. European Online Dispute Resolution Platform:

The STUDENT is informed that if they are a consumer residing in the European Union, they also have the option of accessing the ODR (Online Dispute Resolution) platform through the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

This platform allows complaints to be submitted using an electronic form available in all European Union languages ​​for all matters related to e-commerce or the provision of online services, in accordance with Regulation 524/2013 of the European Parliament and of the Council of May 21, 2013, and Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.

8.2. Guarantee:

METRICOOL guarantees that it will provide the service(s) in accordance with the contract, that is, that they conform to the description and possess the qualities of the service offered, and will be liable for any lack of conformity that exists at the time of service provision.

METRICOOL will be liable for any lack of conformity in the digital content supplied that becomes apparent within two years of delivery.

  1. Withdrawal:

9.1. Right of Withdrawal:

The STUDENT, if they are a consumer, has the right to withdraw from the contract for access rights to the Certification within a period of FOURTEEN (14) calendar days from the date of contract, without any justification or penalty.

Therefore, the AGENCY does not have this right of withdrawal.

Without prejudice to the foregoing and in accordance with the provisions of article 103 m) of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, the right of withdrawal will not be applicable to contracts that refer to the supply of digital content that is not provided on a physical medium when the execution has begun and, if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:

  1. The consumer or user has given their prior consent to initiate execution within the withdrawal period.
  2. The consumer or user has expressed their understanding that they consequently lose their right of withdrawal; and
  3. The entrepreneur has provided confirmation pursuant to Article 98.7 or Article 99.2.

Therefore, once the STUDENT has access to the exam before the 14-day withdrawal period expires, they will lose their right of withdrawal.

9.2. How to exercise the right of withdrawal:

To exercise the right of withdrawal, the STUDENT must notify their decision to withdraw from the contract through an unequivocal statement (for example, a communication sent by email or post) within the period indicated above.

To this end, the user may use the withdrawal form template, in accordance with the annex to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, which appears below, although its use is not mandatory (the STUDENT may copy and paste the following form into an email and complete their details if they wish to withdraw from the contract):

To the attention of Metricool Software, S.L., with registered office at c/ Téllez, nº 12, Entreplanta H, 28007, Madrid- Spain, with NIF: B87527115 (VAT: ESB87527115) and contact email: [email protected]. I hereby inform you that I withdraw from the contracting of the access rights to the Metricool Expert Certification carried out on //20__. Name and surname of the STUDENT ____________________ Address of the STUDENT: ____________________________ Date of the communication of the withdrawal: //20__.

9.3. Consequences of withdrawal:

In the event of withdrawal exercised and communicated by the STUDENT, provided that the aforementioned right of withdrawal does not apply, and upon receipt of such notification, METRICOOL will refund the amounts paid for the COURSE without undue delay and no later than 14 calendar days.

  1. Personal data protection:

10.1. Data controller:

The STUDENT is informed that their personal data will be processed by METRICOOL, S.L., as the data controller, whose full details are set out in section 1 above.

10.2 Purposes and Legal Basis:

The STUDENT’s personal data will be processed for the purposes and legal bases set out below:

a) To provide access to the COURSE and, where applicable, to the Certification exam, based on the legitimacy of the execution of a contract to which the interested party is a party.

b) To send commercial communications, unless the STUDENT or the AGENCY objects to the sending of such communications at any time.

10.3. Data Retention Period:

The personal data provided will be retained as long as there is a mutual interest in maintaining the purpose of the processing and for the period during which liability may arise for the services provided to the interested party.

When no longer necessary for such purposes, they will be deleted using appropriate security measures to ensure pseudonymization of the data or their complete destruction.

10.4. Recipients:

Recipients are defined as the natural or legal person, public authority, service, or other body to whom personal data is communicated. The data collected will not be communicated to any third party other than METRICOOL, unless there is a legal obligation or you have expressly authorized it.

10.5. Data Processors:

There are data processors, understood as entities that process personal data under the responsibility of METRICOOL, following its instructions, as service providers necessary for the provision of the service requested by the data subject. METRICOOL has signed a data processing contract with them in accordance with the applicable data protection regulations.

10.6. International Transfers:

International data transfers involve the flow of personal data from Spanish territory to recipients established in countries outside the European Economic Area (the countries of the European Union plus Liechtenstein, Iceland, and Norway). METRICOOL does not carry out international data transfers for processing purposes.

10.7. Rights:

The interested party has the full right to exercise the following rights recognized by data protection regulations and in accordance with the provisions therein:

– Right of ACCESS to your personal data

– Right to request RECTIFICATION of inaccurate data

– Right to request DELETION when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

– In certain circumstances, you may:

Request LIMITATION OF PROCESSING of your data, in which case it will only be retained for the exercise or defense of legal claims, as well as exercise your right to OBJECT to the processing of your data, in which case the data will no longer be processed, except for compelling legitimate reasons, or the exercise or defense of possible legal claims, as well as request the right to DATA PORTABILITY.

You may exercise these rights, easily and free of charge, by sending a written communication at any time to the email or postal address indicated above.

Furthermore, in the event that any of these rights have been violated, the interested party is entitled to file a complaint with the Spanish Data Protection Agency (AEPD), at C/ Jorge Juan, 6, 28001 Madrid – https://www.aepd.es/es.

  1. Applicable Law and Jurisdiction:

For matters not provided for in these terms and conditions, as well as for the interpretation and resolution of any conflicts that may arise between the parties as a result of these conditions, Spanish law will apply, although the choice of law does not prevent the protection offered by the mandatory provisions of the Law of the habitual residence from being invoked in the event that the consumer or user is a consumer.

The Courts and Tribunals of Madrid will have jurisdiction, except in the case where the contract is entered into by a consumer and/or user, in which case those of their domicile will have jurisdiction.