Sherpa.ai Terms of Use

User conditions for the web and Sherpa application

  1. Objective

    The terms of use presented here (hereinafter the “General Conditions”), together with the Privacy Policy regulate the use of the website ‘sherpa.ai’ (hereinafter the “Website”) and the Sherpa program (hereinafter the “Sherpa Application”) belong to SHERPA EUROPE S. L.,Located at Ribera de Axpe 47, 48950 Erandio (Bizkaia), Spain. CIF Number B95673406 and registered at the “Registro Mercantil de Madrid” in Volume 5267, Page 76, Sheet BI59727 (hereinafter “SHERPA”).

  2. Sherpa application

    The Sherpa Application is an intelligent assistant that, by using Wi-Fi, 3G or another technological analogous, allows the user to perform a multitude of different functions by giving instructions to the cellular device, from consulting information to contracting products and services.

    To be able to download the Sherpa Application the user needs to accept the General Conditions presented here. Additionally, to be able to enjoy the application completely, the user should register, accepting the Privacy Policy of Sherpa. The registered users as well as the unregistered users need to comply with the General Conditions presented here.

    The Sherpa Application is currently in its BETA phase and so SHERPA does not guarantee that it will perform to its full ability at all times.

  3. Downloading the application

    Downloading the Sherpa Application is free. Notwithstanding that certain functions of the Application can work without registering, the user can sign up by completing a form in which the user is required to provide a user name, email address and password. Once the form is completed and accepted the user will receive a link in an email sent to his or her email address to finish the registration process. The user should access the link to verify the email address given.

    The users that have signed up, if they wish too, will have a second form to complete indicating their name, surname, date of birth, email, phone number and other personal information. The completion of this form is voluntary, however the users that do not provide all of the information requested will not be able to enjoy the functions of the Application in their entirety.

    Once the registration process is completed, the user can begin to use the Sherpa Application in its entirety.

    The Sherpa Application is compatible with the majority of Smartphones with the ANDROID system.

    The Sherpa Application might not be available in all languages in all regions and might vary from one region to the next.

    To Access the user account, the user should introduce his or her name and password. The use of the password is non-transferrable, so the transfer of the password to a third party is not permitted. This means that the user agrees to a diligent use of the password and also to maintain it a secret, assuming full responsibility for the consequences of divulging it to a third party. In the case that a user knows or suspects that his or her password is being used by a third party, the user should report the incident to SHERPA as soon as possible and change the password immediately.

    The Sherpa Application is designed for people over the age of 14 and so only people that are 14 or older may register as users and download the application. SHERPA reserves the right to restrict the access to underage minors in case the Sherpa Application is not considered to be appropriate for minors.

    By downloading the Sherpa Application, SHERPA grants the user a non-exclusive license, revocable and free for using the Application in your everyday life, within the terms and conditions established here.

  4. Sherpa application functions

    The Sherpa Application offers the user a multitude of different services that can be initiated by giving orders and/or dictating text to the user’s device by speech or written text.

    When using the Sherpa Application, what is said by the user will be recorded and sent to SHERPA to be converted into text and then processed to complete the request.

    For some of the services provided, the Sherpa Application obtains information and content from third parties that facilitates the user. For the use of some of the functions, the Sherpa Application grants the user access to other services and websites which belong to third parties.

    The Sherpa Application will also use the information stored within the cellular device of the user like his or her contacts, calendars, reminders, notes, musical library, etc. The aforementioned access allows the application to perform functions and services in an appropriate manner like carrying out calls, playing music, creating appointments and reminders etc. Additionally, the cellular device will be able to send the Sherpa Application other information like names, nicknames and relationships with the user (family, friends) of the contacts included on the user’s contact list, email addresses, contacts from social networks etc. which will be used to help the Sherpa Application understand and recognize the user’s instructions better. When the user operates the Sherpa Application he or she is accepting and consenting to the transmission, obtaining, maintaining, processing and use of this information by SHERPA, including the voice instructions and the information from the cellular device, with the exclusive intention of providing and improving the services provided by the Sherpa Application. Sherpa guarantees that this information will not be used for any other action, besides what has been established here.

    If the user has the positioning functions activated, the Sherpa Application will find the location of your cellular device in that moment and send it to SHERPA to carry out the request given by the user, in order to help improve the accuracy of the response in relation to the location of the user. The user can deactivate the Sherpa Application functions which are based on the location of the cellular device and deactivate the locational setting of the Sherpa Application.

    The functions that use the "PayPal” service will only be available for people over the age of 18. Therefore, the users that wish to use these functions will be required to declare, under his or her own responsibility, that they are over the age of 18. SHERPA redirects those users to a PayPal platform to complete these functions. The use of this platform is subject to the terms and conditions of PayPal. The users that use PayPal will have to declare that they are aware and accept PayPal’s policy and terms of use. The service is carried out by PayPal; therefore SHERPA will not be responsible for the provision of the aforementioned service.

  5. User obligations

    The user agrees to use the Website and the Sherpa Application diligently, in complete accordance with the law, good habits, the General Conditions presented here and in each case, and when it applies, to code or policies established by SHERPA for the Website and/or for the Sherpa Application. The user, in particular, is subject to, but is not limited to abstaining from the following:

    (a) reproducing, copying, distributing, permitting access to the public through any media of public communication, transforming or modifying any aspect of the Website and/or the Sherpa Application, unless he or she has the authorization of the owner of the corresponding rights or they are legally permitted; (b) making and distributing copies of the application, trying to copy, reproducing, altering, modifying, performing reverse engineering, taking apart, transferring, exchanging or translating the Sherpa Application or creating a project originating from the Application; (c) creating, completely or partially, products, applications or web services that directly compete with the Sherpa Application or any SHERPA product; (d) carrying out any act that could be considered intellectual or industrial property rights infringement, belonging to SHERPA or a third party involved; (e) using any type of information obtained through the Website and/or the Sherpa Application to send public announcements, transmit the information in order to sell it or with any other commercial purpose, messages that have not been produced or requested by SHERPA to a mass of people for any purpose, in summary the commercialization or divulging in any form of the information; SHERPA reserves the right to cancel or restrict the access of the Sherpa Application to certain users, in cases when these General Conditions, the Law, the rules established by SHERPA or SHERPA’s collaborators are unfulfilled or those which disrupt the wellbeing, image, credibility and/or prestige of SHERPA and/or SHERPA’s collaborators. Therefore, SHERPA can place the responsibility of any damage done by the misuse of the Sherpa Application onto the user.

  6. Responsability

    The Sherpa Application is in a Beta phase and so SHERPA does not guarantee the availability, continuity or infallibility of the Website’s status of functioning, consequently and exclusively, any responsibility for any damage which may be due to the lack of availability or continuity of the functioning of the Website, in cases where the access to distinct web pages result in errors or the web pages that provided the aforementioned services. Up to what is permitted by the current law, the services performed by the Sherpa Application will be provided “such as presented” and “according to availability”, with all of its possible defects, errors or interruptions. SHERPA will not be responsible in any case where the consequences have resulted from the misuse by a user of the Sherpa Application.

    The Sherpa application puts information, content, products and services of independent third parties, at the user’s disposal. For certain functions, the Sherpa Application will consult information provided by third parties that it will then provide to the user afterwards. SHERPA is not responsible for examining or evaluating the content, accuracy, integrity, validity, the author´s rights fulfillment, legality, decency, quality or any other aspect of the web pages and/or third parties’ content. SHERPA does not guarantee, support, assume or take responsibility for any content or web pages or any other materials, products or services belonged to the third parties. However, in the case that SHERPA has the knowledge of the unlawful or illegal nature of the content provided by third parties accessed through the Sherpa Application, SHERPA will carry out the proper procedure by correcting, retracting or reporting them.

    The Sherpa Application may contain links, in text format of graphics, other content, services, servers, pages or websites of third parties, in which SHERPA does not have any control over. SHERPA will not respond to the contents, services, the state or availability of the servers, pages or websites of the third parties. The inclusion of these links does not mean that SHERPA knows, shares or promotes the content or the opinions of the owners of the aforementioned servers, pages or websites. SHERPA does not have any duty to verify or monitor the content and/or information of the pages and web sites of the third parties that the user may come to have access to by means of links provided by the Sherpa Application. However, in the case that SHERPA has knowledge of the unlawful or illegal content accessible through the aforementioned links at the pages or websites of the third parties, SHERPA will diligently correct the situation by retracting from them and reporting their actions.

    The access, use or consumption of a good, service or content coming from or provided by third parties through the Sherpa Application is subject to the terms and conditions that the aforementioned third parties will have available to the user at the moment of acquiring, accessing or using the aforementioned good, service or content. The products and services are borrowed and a connection is made directly between the user and the aforementioned third parties that provide it. SHERPA does not make any declaration related to the modification and availability of the third parties’ aforementioned services or materials. To the extent that the user decides to use or gain access to the services and aforementioned content, the user shall do it by their own initiative and will assume the responsibility of complying with any applicable law.

    While some parts of the Website and the Sherpa Application may contain publicity which is not contracted by SHERPA and other material provided by third parties, it will be the advertisers or the owners of the aforementioned content who will be responsible for assuring that the material included on the Website and/or the Sherpa Application complies with all the legal requirements. The users will recognize and accept that SHERPA is not responsible of the aforementioned advertisements or material provided by third parties.

  7. Protection of information

    All of the personal information that is provided by the users while registering to the Website and while using the Sherpa Application will be collected, used and stored in accordance to the SHERPA Privacy Policy .

  8. Intelectual and industrial property

    All of the elements (photographs, models, illustrations, soundtracks, texts, logos, brands…) that are integrated on the Website and the Sherpa Application just as the domain name sherpa.ai are exclusive property of SHERPA and/or the third parties. Therefore, it remains prohibited to reproduce fully or partially, by means of any procedure, whatever the basis may be and/or the destination, distribution, publication, transmission, modification or sale of all or part of the elements of the Website and/or the Sherpa Application, or to create products derived in part from these elements, without the expressed and written consent and authorization by SHERPA.

    Throughout the Website as well as the Sherpa Application, there is content that belongs to third parties which is subject to open licenses which allow the reuse of the content. Those are the cases, among others, of: Wikipedia www.wikipedia.com, Dbpedia www.dbpedia.com and other websites subject to the same “Creative Commons” licenses, in particular with the licensing “Reconocimiento-CompartirIgual (CC BY-SA)”, and the users accepts and consents to obey the use and restrictions contained in the aforementioned license.

    This product uses the TMDb API but is not endorsed or certifiead by TMDb.

  9. Termination and cancellation

    The users may remove themselves as users from the Sherpa Application at any moment and for any reason without any type of penalty, by communicating the desire to cancel the subscription to SHPERA by sending an email to unsubscribe@sherpa.ai and deactivating the Sherpa Application under the settings of the cellular device. The use of this email address is limited to the cancellation of users and does not answer to technical service requests or consultation.

    In case of communicating the desire of removal or cancelation of the SHERPA account by email, it shall only be valid the communications that are done from the same email account used to sign in. If the communication is done from a different email account, SHERPA shall not automatically process the removal, reserving its right to require any users identification document.

    SHERPA may cancel any user’s account and restrict the access to the Sherpa Application, at any time and without any warning given to the user, in the following cases: (a) If a user is not following the rules applied to the program, the General Conditions or any other policy established by SHERPA for regulating the Website and the Sherpa Application; (b) If SHERPA has a justifiable suspicion that the information provided during the registration of a user is false or incomplete or it has been stolen; (c) If SHERPA receives a request or order from a competent authority; (d) If, due to causes not attributable to SHERPA, the Website or the services provided by SHERPA need to be stopped.

  10. Modification of the general conditions

    SHERPA reserves the right to modify, update or review the General Conditions here presented for legal reasons, technical motives or for any change to the Sherpa Application or in the access to the content or to the Website. Moreover to make modifications that may stem from the code of conduct that may be applied or, where necessary, decisions made for corporate strategies, the users will be notified of any changes related to the Sherpa Application and its use.

  11. Applicable legislation

    The General Conditions presented here, just as the Privacy Policy of the Website and the Sherpa Application, apply to everyone completely and are enforced by the Spanish Law.