1. INITIAL INFORMATION
“T&C”: TERMS AND CONDITIONS FOR USE OF THE SATOSHI TRANSFORMATIVE DATA, S.L. SERVICE “TRIBALDATA”. Hereinafter also “T&C”.
“TRIBALDATA”: SATOSHI TRANSFORMATIVE DATA S.L hereinafter also “TRIBALDATA”.
“TRIBALDATA APP”: The mobile application of TRIBALDATA hereinafter also the “APP”. It includes any current or future version of the TRIBALDATA mobile application through which you can access our services.
“TRIBALDATA APP CO-BRANDING PARTNER": "A partner company that offers the Tribaldata App under a co-branded experience to its community of users"
It is your responsibility to read the legal information carefully, since the provision of our services will be subject to it.
You must understand that by contracting the services you agree to abide by these T&C.
TRIBALDATA may modify and update these T&C in which case you will be duly informed. The use of your personal information provided through the web, App or our future communications with you will be governed by our Personal Data Protection Policy and our Cookies Policy. In these documents we will inform you who you should contact if you have any questions.
By signing up to the service, you confirm that you accept these terms and conditions. If you reject these you will not be able to use our services.
The language in which these Terms of Service have been drawn up and, therefore, the language that will govern their interpretation is English.
2. GENERAL INFORMATION
2.1. Company data: SATOSHI TRANSFORMATIVE DATA, S.L. is a company registered in the Mercantile Registry of Madrid and with registered office at C / Panama, nº 12, 2 IZQ – 28036 Madrid (SPAIN).
2.2. The Tax Identification Number of SATOSHI TRANSFORMATIVE DATA S.L. is B-88258371.
2.3. Service Scope: TRIBALDATA offers you a service where you will be able to calculate your carbon footprint, receive personalised tips on how to lower it, as well as points to plant trees, to offset parts of your carbon footprint.
3. APP ACCESS AND CONDITIONS
3.1. Access to the App: to access and use the App you must be at least eighteen (18) years of age. By accessing and using the App you represent and warrant that you have the legal authority to bind yourself to these T&C. You cannot contract the service on behalf of any third party and it is strictly forbidden to enter third party data or false data.
You agree that, when registering a user account, you will provide truthful and up to date information and that you will not use a false identity or the identity of a third party. TRIBALDATA reserves the right to verify compliance with the previous requirement and in particular the age, for which it can request proof and in case of not being provided, deny access at any time.
Depending on where you have seen the App promoted, you may find different versions of our App Store Presence according to the referring Tribaldata App Co-Branding Partner, but these same Terms and Conditions apply to all users.
3.2. Acceptance of the conditions: By signing up as a user of this App, you are accepting the T&C. Most areas of the App are restricted to registered users who have accepted the T&C and who have given their expressed consent to the use, collection, processing and transfer of personal data and other types of data.
3.3. Update of the terms: TRIBALDATA may update the terms and conditions of service of this App at any time. TRIBALDATA will notify you if there are changes in the relevant T&C. If they are considered major we may ask you to accept the T&C again.
3.4. Responsibility: It will be your sole responsibility to access the App, our App is designed for individual access and in accordance with the access conditions.
3.5. TRIBALDATA is accessible in most countries, but the existing service is designed to operate in the territory of the United Kingdom and Spain, so some features such as carbon calculation may not be fully tailored in all counties.
4. HOW THE SERVICE WORKS
4.1. Calculate your carbon footprint: As a first step you will be asked to answer some basic questions for us to be able to estimate your carbon footprint.
4.2 Sign up: In order to access all functionalities, you need to create an account. Once you have created an account with us, you will be able to access the full suite of services offered. In order to access the service you need to have an account with a verified email.
4.3 Answer questions, get sustainability tips and points: By answering questions, you will be able to compare yourself against how others in the community responded, get personalized tips on how to lower your carbon footprint and earn points to plant trees.
In order for us to be able to present relevant tips and statistics, it is important that the information supplied in the forms is correct and up to date, which is why you might be asked periodically to repeat certain questions.
4.4 Earning points: Answering questions can be rewarded with weekly or instant points. Instant points are given directly after completing a quiz, while weekly points are given periodically each week, as compensation for keeping information up to date. You can see the transaction history in the “my balance” screen. You can also earn points by inviting others to the service. The points obtained will in no case be exchangeable for money.
4.4.1 Why we exchange answers for points: Giving answers to questions is a central part of the service. Your answers to these will get anonymised and together with thousands of others be categorised into specific groups of interest and behaviours by treating these answers with our proprietary algorithms. This allows us to paint a broad picture of what groups have in common with each other and get deep insights into the interests and concerns of the sustainability minded consumer. As a service to marketers, we use this information to determine how to best run advertising campaigns. This value exchange is what allows us to give out instant as well as weekly points in return for answering the forms, which subsequently can be used to plant trees and thus offset CO2.
Anonymous browsing data collected by the means of cookies can be used as input to our algorithms.
4.5 Plant trees to offset your CO2 footprint: You can use points to contribute to our tree plantation in Madagascar, managed by our partner Eden Reforestation. Each tree on average has an expected CO2 absorption capacity of 307.5 kg during its lifetime. At the time of planting, our mobile browser cookie will be set or refreshed.
TRIBALDATA will select the plantation partners at all times, always seeking the maximum possible impact and collaborating with partners that are recognized entities that can provide proof of contribution and clear evidence of their use for the proposed purposes.
TRIBALDATA reserves the right to modify the plantation partners at any time and you will be duly informed of the change.
4.6 Observe your individual and communities progress in lowering their carbon footprint: In the “My Footprint” section you will be able to see your accumulated contributions as well as the contributions of the entire community of TRIBALDATA users together with information about the tree plantation and the species used to plant.
4.7 Manage your responses: You can delete the responses given to questions. This will enable you to answer them again, please note that if the form gives instant points, you will not be rewarded points more than once.
4.8 Manage your preferences: In the settings screen, accessed by tapping on your name in the top left corner of the app, you can view and change details of your account, set communication preferences, send feedback, exercise your legal rights with regards to the data in your account and if you chose to leave the service, delete the account.
4.9 Deleting your account: Should you for any reason want to delete your account, you will have to log in to the app and request account deletion to make sure we can verify your identity. If you for any reason can’t log in, we will require you to identify yourself by the standards applicable in your country of residence. Upon account deletion, all data related to your account will be deleted and you will no longer be able to log in or spend points accumulated. Points left in your account can be distributed to other members of our community. Please note that for the deletion procedure to take full effect, you will need to allow for up to 14 days to complete the procedure.
5. CONTACT WITH TRIBALDATA
Our community service team will try to resolve any query you may have with our service. You can contact us by sending an email to email@example.com
7. CONDITIONS OF USE
6.1. Permitted conditions of use: You can use the App. as a registered user as long as you respect the following rules:
6.1.1. You will not carry out fraudulent use of the App such as piracy or any illegal use.
6.2. You undertake to defend, indemnify and hold TRIBALDATA harmless (and its affiliates, employees, officers and directors) for any judicial or extrajudicial claim, damage or penalty related to the User’s obligations under these T&C.
7. INTELLECTUAL PROPERTY
7.1. Unless otherwise stated, the copyright and other intellectual and industrial property rights in our App and the content published in it (including but not limited to photographs and graphic images) are the property of TRIBALDATA or of third parties. This work is protected by laws and conventions on intellectual property and copyright around the world, and all rights are reserved.
7.2 You will not be able to use any of the contents of the App or the TRIBALDATA website for commercial purposes without first obtaining a licence or authorization from TRIBALDATA to do so.
7.3 Rights reserved: All rights that are not expressly granted by TRIBALDATA in favour of third parties are reserved. There is no type of transfer of rights that have not been expressly made.
7.4 Subject to your compliance with these T&C, we grant you a limited, non-exclusive, non-sublicensable, and non-transferable use and access to our App.
7.5 Any infringement of TRIBALDATA’s intellectual property rights may constitute not only a breach of these T&C but also a violation of copyright laws, trademark laws, privacy laws and publicity and communications regulations.
8. ACCESS TO SERVICE
8.1. Availability of the App: Although TRIBALDATA tries to ensure that the App is available twenty four (24) hours a day, TRIBALDATA will not be liable if the App is not available at any time or for any period of time.
8.2. Suspension of access: Access to this App may be suspended temporarily and without notice and at TRIBALDATA’s sole discretion under the following circumstances, among others:
8.2.1. For scheduled or emergency maintenance to the App, or any part thereof;
8.2.2. In the event TRIBALDATA ceases to provide, for any reason, access to or any of the services associated with the App;
8.2.3. If required by law enforcement or by a government agency, or otherwise in order to comply with applicable law or regulation;
8.2.4. If we reasonably believe that you are using the App in violation of these T&C or any applicable law;
8.2.5. If we reasonably believe that your use of the App poses a security risk to us or to any third party;
8.2.6. If you are using the App for purposes other than those specified in these T&C;
8.2.7. In the event that you refuse to provide information in a T&C compliance verification process.
8.3 The fact that TRIBALDATA prevents the User from accessing or using the App in accordance with the provisions of this section shall not entail any liability for TRIBALDATA nor shall it entitle the User to make any kind of claim against TRIBALDATA, except for damages caused by TRIBALDATA’ wilful misconduct, and provided that they are ruled by a court or tribunal.
8.4. Information security: The transmission of information via the Internet is not completely secure. TRIBALDATA will take appropriate measures to protect your information but we cannot guarantee the security of your data transmitted to the App. Any transmission will be at your own risk.
9. CONTENTS AND CONDUCT OF THE USER
TRIBALDATA will cooperate with the United Kingdom and European authorities that request or require you to reveal the identity or location of users for legal reasons.
10. LINKS TO, AND FROM, OTHER WEB PAGES
Third-party websites: The links to third-party websites in this App or those that we can send you by mail, are provided exclusively for the purpose of making it easier and more convenient for you to access these, but you will do so entirely at your own risk. TRIBALDATA shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the content or any other aspect related to said sites.
TRIBALDATA does not permit redirects that have not been previously authorised.
11. WARRANTIES AND LIMITATION OF LIABILITY
11. 1 The App is provided “AS IS” and “AS AVAILABLE”.
11.2 The App is provided without warranty of any kind, whether express or implied. TRIBALDATA specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with the exception on the agreements with TRIBALDATA APP CO-BRANDING PARTNERS.
11.3. You will be solely liable for any damages caused to third parties due to your use (or inability to use) the App. TRIBALDATA shall be exempt from any liability in this regard and you shall keep TRIBALDATA harmless from any claim arising in connection thereof.
11.4 Other than as expressly stated in these T&C (or as provided by law), TRIBALDATA does not warrant and shall not be liable for: (i) the vulnerability of the App and/or the security measures adopted therein; (ii) the existence and/or transmission of viruses or other similar harmful components (you are responsible for implementing procedures and checkpoints that are adequate to guarantee your particular requirements for anti-virus protection, as well as for maintaining a means external to TRIBALDATA for any reconstruction of any lost data that may be needed); (iii) the lack of accessibility, availability, usefulness or performance of the App; (iv) the unlawful access of a third party; (v) any compatibility problems between the App and the User's device; (vi) failures of the App caused by any type of technical or security failure affecting the servers of TRIBALDATA’s third party service providers; (vi) loss of profits, business, income, information, software, business opportunities, anticipated savings, goodwill or any indirect or consequential loss; and (vi) any other failure that hinders, delays or prevents the proper functioning of the App.
11.5. Unless otherwise required by applicable law, in no event will TRIBALDATA be liable to you or to any third party for any loss of data, or any indirect, special, incidental, punitive or consequential damages of any kind arising out of, or in connection with these T&C or with your use (or inability to use) the App, even if TRIBALDATA has been advised or is otherwise aware of the possibility of such damages.
11.6 In the event that the applicable law does not allow the limitation or exclusion of certain liabilities as set forth herein, our liability shall be limited to the maximum extension permitted by the applicable law.
11.7 App Information: Although TRIBALDATA tries to ensure that the information in the App is correct, we do not ensure that it is accurate or complete. TRIBALDATA may make changes to the contents of the App, or to the services and prices described therein, at any time and without notice. The content of the App may not be updated.
11.8 Additional costs: If your use of the content of this App should result in the need for maintenance, repair or correction of equipment, software or data, you must assume all associated expenses, including, without limitation maintenance-related expenses , repair or adaptation of any equipment, software or information.
12. DATA PROTECTION
12.1 In order to have access to some functionalities of the App, you must provide certain data and information.
12.2 Additionally, the App may install cookies.
12.3 At TRIBALDATA we take the processing of your personal information very seriously and take the utmost precautions when processing personal data.
12.4. TRIBALDATA takes the utmost precautions when processing User's personal data.
13. WRITTEN COMMUNICATIONS
By using our App, you accept that the communications that are made to you are mainly electronic by means of the email you have provided us with or through push notification.
For contractual purposes you accept these means of communication and recognize the validity of the agreements, notifications, information and other communications that we provide by these means.
14. FORCE MAJEURE
We will not be responsible for any failure in the execution or delay in the execution of any of our obligations under these T&C that are due to events that are beyond our control according to the definition of force majeure in the Spanish legal system or other justified causes that prevent the provision of the service.
Our obligations under these T&C will be suspended for the duration of the event of force majeure or the impossibility of providing the service.
15.1. Nullity: If any stipulation, or part thereof, of the T&C of this App is declared illegal, void or not otherwise applicable, by any court or competent authority, said stipulation or part thereof shall be removed and the rest of the T&C of the App will be applicable as if the stipulation, or part thereof, illegal, void or not applicable, had never been enforceable.
15.2 Waiver: Any lack (total or partial), or delay in the application of any stipulation of the T&C of the App by you will not be interpreted as a waiver of your or our rights and obligations.
15.3. Assignment: You may not assign any of your rights or obligations in relation to the use of the App without our prior written consent.
We may transfer any of our rights or obligations under the T&C of the App, without the need for prior written consent from you, to any business with which we form a joint venture, or acquisition agreement.
15.4. TRIBALDATA will ensure that there is no breach of these T&C as well as any improper use of its website or its App.
15.5. Timetable: the time used by this application is that of the city of Madrid (GMT +1), central European time.
16. APPLICABLE LAW, JURISDICTION AND ARBITRATION
The T&C of the App will be governed and interpreted in accordance with Spanish law.
Where allowed by law, you and TRIBALDATA waive you/our own jurisdiction and agree to submit any conflict, controversy and/or claim related to these T&C to the exclusive jurisdiction of the courts of the city of Madrid, Spain.
These T&Cs have been revised and published on 15th of June 2023.