Terms of Use: Clients

Sukiyomi Works, S.L. (hereafter “THE CAPSULE COMPANY”) is a company whose business consists in giving business clients access to an IT application via its website www.thecapsulecompany.com, which in return for payment, allows the creation and distribution of Knowledge Capsules to users and/or recipients as set up by the business clients.

  1. Acceptance of the Terms of Use Access to the website www.thecapsulecompany.com, requires acceptance of the rules of use in force at any given time. The following text details the general conditions for contracting and using the specific services, and in order to use the website to access these services, the client must click the on the acceptance button at the end of this document.
  2. Services and material offered on the website: “THE CAPSULE COMPANY” uses this website and the previously mentioned IT application, to provide an online learning and training service. This online training service works as follows:
    The platform allows the client to:
    • Create his/her own learning capsules.
    • Schedule and deliver the capsules to the registered users.
    • Use capsules from “THE CAPSULE COMPANY’S” list of pre-designed capsules.
    • Access a control screen where they can manage all the above functionality, check the history of previously delivered capsules and verify the degree of completion of each capsule by the each user.
    Each capsule is made up of four elements: text, diagrams, exercises and possible solutions (in the form of Feed-Back sent with each solution).
  3. Intellectual Property: “THE CAPSULE COMPANY” - either in its own capacity or acting on behalf of authors who have given it the authority to distribute their material - is, and at all times remains, the sole owner of all the intellectual property rights of all the contents on the website, including the individual Knowledge Capsules listed in the catalogue on the website..

    Under no circumstances is the transfer of the intellectual property rights to the client, user and/or recipient to be assumed. Only the right to personal or private use of the contents of each Knowledge Capsule is granted.

    The client, user and/or recipient may under no circumstances distribute the material contained in the Knowledge Capsules to third parties unless “THE CAPSULE COMPANY” has given them written permission in advance to do so. Nevertheless, given the nature of intellectual property ownership rights, where material is in the hands of others, if for any legally established exception, selected material from the knowledge capsules is to be distributed to third parties, then both the author’s rights and the source must be clearly indicated on the material distributed.

    “THE CAPSULE COMPANY” is the sole owner of the intellectual property rights for its Website and the graphic design and the source code thereof. The client, user and/or recipient acknowledges that any unauthorised publication, sale, public distribution or alteration thereof will constitute a breach of “THE CAPSULE COMPANY’S” intellectual property rights and as such will be punishable under law.

    In addition, clients and/or users who use the functionality as provided via the software to create Knowledge Capsules retain the sole intellectual property rights of any such material. “THE CAPSULE COMPANY” will not allow other users and/or clients to access or view any such material.
  4. Responsibilities: The client, user and/or recipient agrees to use the service made available via the website in such a way that its use may not be deemed illegal and thus infringe “THE CAPSULE COMPANY’S” legally recognized rights.

    Should any of the situations described herein come about, then “THE CAPSULE COMPANY” maintains the right to discretionally interrupt or refuse access by clients and/or users to the paid contents.

    Company clients must use the services made available via the platform via one or various users who have been set up as main users. These main users will manage the recipient selection and the delivery of knowledge pills on behalf of the company client. “THE CAPSULE COMPANY” will not be held responsible for any misuse of the system or the platform by these main users. Nor will it assume responsibility for any loss or damages arising out of any such misuse.
  5. Registration and access passwords: In order to access the services offered by “THE CAPSULE COMPANY”, the client/user must register via the client registration process and this carries no cost.

    Upon registering, each client must enter a confidential user name and password. This user name and password will be unique, personal and non-transferable and will be the only way to access the paid contents on the website.

    Completion of the client registration process does not imply automatic acceptance of the client’s subscription to the services. Such acceptance will be subject to approval by “THE CAPSULE COMPANY” and confirmed as accepted in an email to the applicant.

    The main users agree to keep their passwords secret at all times. Should a password be lost, stolen, become known to others or its use become compromised for what ever reason, then they must request that it be changed.

    Where it is considered that a password is being used unlawfully, “THE CAPSULE COMPANY” reserves the right to discretionally delete it.

    The client/user assumes full responsibility for access to the services provided via the password given to them and thus assumes full responsibility for access by others using their password.
  6. General sales conditions and mailing of Capsules: La prestación de servicios que da origen a este Contrato tiene carácter oneroso, y el Cliente-usuario deberá pagar a “THE CAPSULE COMPANY” el precio (incluido el impuesto oportuno) correspondiente a cada servicio determinado (envío efectivamente realizado). “THE CAPSULE COMPANY” emitirá vía e-mail la factura correspondiente con detalle de todos los conceptos que conforman dicha factura. El mantenimiento y la permanencia en la aplicación serán gratuitos.

    In the month that first mailing is sent, THE CAPSULE COMPANY will issue an invoice to the client for a total of 3.000 euros (VAT not included) as an advance on future mailings. As and when additional mailings are sent, their cost will be deducted from this amount until it has been used completely. The client will have 12 months from the date of the invoice to consume this credit. After that, mailings will be billed once sent.

    The client can see details of the their balance and what has already been used via the Control Panel or by emailing THE CAPSULE COMPANY´s client support team.

    The price of each service and/or product is specifically determined in the client’s Control Panel under the section “Company Information” and the requirement to select “confirm delivery” when a new delivery is created via the Control Panel confirms acceptance of these rates and prices.

    Delivery Methods: The knowledge pills will be delivered via email.

    Payment Method: This will be via credit card. Nevertheless, should you wish to choose a different payment method, that option should be marked and the Client Services Department will get in contact with you to establish the payment method.
  7. Jurisdiction: The parties involved herby agree that all issues and questions that may arise as a result of the interpretation, execution or non-fulfilment of these conditions of use, will, regardless of where any dispute should arise and setting aside any personal rights, fall under the jurisdiction of the Law Courts of Madrid (Juzgados y Tribunales de Madrid).

    In all cases, the conditions herein are governed by Spanish Law.

Terms of Use: Authors

Collaboration Agreement for the Creation and Development of Training Contents (Knowledge Capsules)

Sukiyomi Works, S.L. (hereafter THE CAPSULE COMPANY) is a company whose business consists in giving business clients access to an IT application via its website www.thecapsulecompany.com, which in return for payment, allows the creation and distribution of Knowledge Capsules (hereafter Capsules) to users and/or recipients as set up by the business clients.

  1. Scope and Purpose of the Collaboration Agreement: The conditions presented in this agreement apply to the collaboration between the THE CAPSULE COMPANY (operating via its web site www.thecapsulecompany.com, and persons contracted to create and develop training materials (Capsules). The person contracted to create and develop the materials (hereafter the “Author”) is understood to have the necessary experience and to be specialised in their specific field. The collaboration between both parties is governed at all times by the conditions contained in this agreement.

    These conditions can only be changed or modified by the legal representative of THE CAPSULE COMPANY, and any changes must be made in writing.
  2. Object of the Agreement - Collaboration: This agreement covers the collaboration between the Author and THE CAPSULE COMPANY whereby, in return for compensation, the Author will create and develop contents in the form of Capsules. These Capsules will cover areas as listed in the catalogue of contents as detailed on the website www.thecapsulecompany.com

    The contractual agreement that arises following acceptance of this agreement does not constitute in any way an employment contract.
  3. Registering and Logins and Passwords: In order to sign up and register as an author, the Author must complete the registration process. Once the Author’s application and their professional experience have been reviewed and duly approved, an email confirming this acceptance will be sent to the email address provided. Once registration has been completed, the Author can start writing and creating “Knowledge Pills”. THE CAPSULE COMPANY reserves the right to refuse any application where the information supplied cannot be verified.

    The Author agrees that this username and password will be kept confidential at all times. In the event that the password becomes known to someone else, is lost or blocked, the Author will request that it be changed accordingly.

    If THE CAPSULE COMPANY considers that the username and password are being used unlawfully, they reserve the right to delete the user profile and password.

    The Author assumes all the responsibilities and obligations that arise out of access to and use of the system with their user name and password. This includes access by them or by any third party using their user name and password.
  4. Creation and Drafting of Knowledge Capsules. Requirements and Acceptance: Capsules should be drafted in accordance with quality levels and technical formats as indicated by THE CAPSULE COMPANY. As part of its contents, the website www.thecapsulecompany.com contains information on the concept of Capsules, their format and on the conditions of use of the system, and the Author hereby declares that this information is known to and accepted by them.

    The Author will have restricted access to a Capsules editor located within the website where they can create and edit capsules.

    Inclusion of Capsules as drafted by the Author will be subject to certain technical and quality standards and these will be made known to the Author by THE CAPSULE COMPANY.

    Creation of proposed Capsules will not constitute automatic acceptance in THE CAPSULE COMPANY’s catalogue. Authors will be notified of acceptance of Capsules via an email containing the “Capsule” reference, and only then will the Capsules form part of THE CAPSULE COMPANY’s catalogue.
  5. Intellectual Property Rights: The Author grants THE CAPSULE COMPANY full permission to exclusively distribute and publish the Capsules that have been drafted or proposed by the Author, and that that are covered by this agreement. Publication or distribution may be in any format and, other than those detailed in this agreement or as stipulated by law, will be without restrictions or limitations.

    The Author also transfers to THE CAPSULE COMPANY full copyright to all the Knowledge Pills that have been drafted or proposed by the Author. In particular the Author grants THE CAPSULE COMPANY the right to reproduce and distribute them publically in any language. Copyright is transferred and granted for international use and for the longest term permitted by law.
  6. Compensation and Payment: As compensation for the services provided by the Author - including the creating and drafting of Capsules and full transfer of copyright - THE CAPSULE COMPANY is obliged to pay a percentage of all income received from the sale of any Capsules created by the Author and included in the company’s catalogue. The percentage is as follows: 10% of all net income (gross income amount less taxes) derived from the distribution and sale (either direct or indirect) of each “knowledge capsule” created by the Author.

    Any amounts due to the Author will be paid directly by THE CAPSULE COMPANY in accordance with previously agreed payment instructions. Where applicable, the relevant income tax amounts will be withheld.

    On a regular basis, THE CAPSULE COMPANY will provide the Author with statistics and reports regarding the use of their “Capsules” and any pending income due.
  7. Responsibilities: The Author will be solely responsible for the contents of each “Capsule” created by them and will ensure that they do not include material that infringes the copyright of other third parties or contents that may be deemed illegal or immoral. Accordingly, the Author exonerates the THE CAPSULE COMPANY from any responsibility arising out of the contents of the “Capsules”.

    Because of the nature of the Internet, THE CAPSULE COMPANY cannot always guarantee the availability of its website. From time to time, be it announced or unannounced, the website may be inaccessible to users and this may be as a result of periodic maintenance, system updates, repairs, system problems, problems with the user’s computer or other problems outside of the control of THE CAPSULE COMPANY.

    In such circumstances, THE CAPSULE COMPANY will in no way be responsible for any damages (either direct or indirect) or loss of income arising from the system not being available or not being up-to-date.

    THE CAPSULE COMPANY reserves the right to, at any time, unilaterally and without notice, change the format, presentation and configuration of the website contents and the conditions of use. Access to the system by the Author will imply acceptance of the changes made.
  8. Law and Jurisdiction: The parties involved herby agree that all issues and questions that may arise as a result of the interpretation, execution or non-fulfilment of the conditions in this collaboration agreement, will, regardless of where any dispute should arise and setting aside any personal rights, fall under the jurisdiction of the Law Courts of Madrid (Juzgados y Tribunales de Madrid).

    All terms in this contract will be governed by Spanish Law.