Terms and Conditions

These General Conditions govern access to and use of the software owned by THE WAKE UP MOVEMENT, S.L., with Tax ID B88511373, and registered office at Calle Luis Cabrera 55, 28002, Madrid, Spain (hereinafter referred to as "DCYCLE").

Users of the program (hereinafter, the "Users") may contact DCYCLE by email at: hello@dcycle.io.

This software has been developed by DCYCLE to provide Users with a tool for assessing and auditing their companies' environmental performance, delivering detailed information on their status and applicable measures to improve outcomes (hereinafter, the "Software").

DCYCLE grants the User a non-exclusive license to use the Software, governed by these Terms and Conditions.

Access to and use of the Software requires Users to register via the website: www.dcycle.io (hereinafter, the "Website").

DCYCLE states that the Software is designed for professional use in analyzing and auditing companies' carbon footprint data and is not authorized or recommended for personal use. DCYCLE is not liable for any damage incurred by a User who, against these General Conditions, uses the Software for personal purposes.

DCYCLE will provide technical maintenance (preventive and corrective) of the licensed Software via telematic means, during business hours from Monday to Friday, excluding public holidays.

DCYCLE may perform maintenance and updates to the Software with a minimum notice of 48 hours. During these activities, the Software may be non-operational until the work is completed.

The Software allows Users to create an account via an online form that must be completed with the required information.

Users are fully responsible for the use of their User Account. They must ensure the proper custody and confidentiality of their username and/or passwords, and agree not to share or transfer them to third parties, either temporarily or permanently.

Users must immediately notify DCYCLE at hello@dcycle.io in case of any misuse of their username and/or password due to theft, loss, or unauthorized access, so that DCYCLE can cancel or block access as soon as it is made aware. Until such notification is made, DCYCLE is exempt from liability for the misuse of login credentials by unauthorized third parties.

Users agree to use any information or content accessed through the Software lawfully, diligently, honestly, and appropriately, based on good faith and in compliance with current legislation and these General Conditions.

Specifically, but not limited to, Users must not:

• Register or provide data that is not true, accurate, complete, and/or up-to-date, or access the Software using another user’s credentials or impersonate any person or entity.
  
• Intentionally or maliciously damage or impair the Software or introduce/distribute viruses that could cause unauthorized changes to the content or systems of the Software. Users must not scan or test the vulnerability of any DCYCLE system or network, breach any security/authentication measures, or attempt to decompile or reverse engineer the Software.
  
• Use the Software for fraudulent purposes or in connection with criminal offenses or illegal activities.
  

DCYCLE reserves the right to deny any attempt to access the Software, cancel accounts, delete or modify content, or suspend services in cases of misuse.

All prices are indicated on the Website in euros and include VAT and any applicable taxes.

The User may pay for their license using the payment methods accepted on the Website.

Within twenty-four (24) hours, DCYCLE will send an email to the User confirming the purchase details, including the order, the provided personal data, and the order number to ensure proper confirmation of the transaction.

The payment process is guaranteed to be secure, in accordance with required security protocols and services.

The User must notify DCYCLE of any unauthorized or fraudulent charges to their payment card as soon as possible by emailing hello@dcycle.io, so that DCYCLE can take appropriate action.

DCYCLE grants the User a non-exclusive license to use the Software.

This limited license does not constitute a transfer of intellectual or industrial property rights, but rather a right to use the Software within the limitations established in these General Conditions.

All rights over the content, design, and source code of this Software—especially all rights over photos, images, texts, logos, designs, trademarks, trade names, and data—belong to DCYCLE or third parties who have expressly authorized DCYCLE to use them.

Therefore, under Royal Legislative Decree 1/1996, of April 12, approving the consolidated text of the Intellectual Property Law, and Law 17/2001, of December 7, on Trademarks, the reproduction, transmission, adaptation, translation, distribution, or public communication—by any technical means or medium—of all or part of the content of the Software is expressly prohibited without DCYCLE’s prior written consent.

Designs, logos, texts, and/or graphics not belonging to DCYCLE that appear in the Software belong to their respective owners, who are responsible for any disputes regarding them.

The User authorizes DCYCLE to use their name and logo in communication and marketing materials, such as the website and presentations. This use is for reference only and does not imply endorsement or association. The Client may revoke this authorization at any time by written notice.

DCYCLE provides no guarantees and is not responsible for any damages that may result from access to or use of the Software content. This includes but is not limited to:

• Content of other websites linked within the Software.
  
• Illegal, negligent, fraudulent, or bad-faith use of the Software or its content by Users, including any infringement of intellectual or industrial property rights of DCYCLE or third parties.
  
• Incidents resulting from the User’s lack of diligence or misuse of the Software.
  
• Force majeure events, including but not limited to service failures due to internet/network outages, actions by third parties, telecom providers, or any other circumstances beyond DCYCLE's control that impede normal Software use.
  
  

DCYCLE is not liable to third parties for any content submitted by Users and may remove any submitted content at its discretion.

DCYCLE has the right to investigate and report any of the above behaviors in accordance with the law and to cooperate with authorities in such investigations.

DCYCLE agrees to comply fully with all data protection regulations according to Regulation (EU) 2016/679 (GDPR).

Personal data provided by the User will be processed by DCYCLE for the purpose of fulfilling service obligations.

Data will be stored only as long as necessary to fulfill the purpose and determine any resulting responsibilities. DCYCLE guarantees that it has taken appropriate legal, technical, and organizational measures to maintain the required level of data security.

Users may exercise their rights (access, rectification, erasure, restriction, portability, and objection to automated decisions) by emailing hello@dcycle.io or writing to the company address. Proof of identity (such as a copy of an ID card) may be required. The maximum response time is thirty (30) days from receipt, extendable by two (2) months if necessary.

For more information, Users may consult the privacy policy via the provided link.

The User may terminate this Agreement without justification by providing at least sixty (60) days’ prior notice before the termination or renewal date of the contract. Such termination shall not entitle the User to any refund of the subscription fee.

Likewise, the User shall have the right to terminate this Agreement at any time with no more than two (2) months’ prior notice if they request to switch to a data processing service offered by another provider or to transfer all exportable data and digital assets to a local ICT infrastructure, in accordance with the Data Act. In such cases, the User shall pay DCYCLE, as compensation for early termination, the total remaining value of the contract, calculated as the sum of all periodic fees and other fixed amounts that would have been due from the effective termination date through the expiration of the contractual term had the Agreement remained in force.

DCYCLE shall enable the User to port their exportable data and digital assets during a transitional period of thirty (30) calendar days, which shall commence once the maximum two (2)-month notice period required to request a change of provider or data transfer has expired, in accordance with Regulation (EU) 2023/2854 (Data Act). After such period, the User shall have a minimum extraction period of thirty (30) days. If the portability process has been successfully completed, DCYCLE undertakes to delete all exportable data and digital assets generated by or directly related to the User and to notify the User thereof, except for personal exportable data that DCYCLE is legally required to retain under applicable law. At that time, the Agreement shall be deemed duly terminated.

DCYCLE shall cooperate with the User and any third party authorized by the User in the process of changing or terminating the service provided by DCYCLE, supplying all reasonable functionalities, information, documentation, and technical support necessary to ensure continuity of operations and service provision, as well as a high level of data security during transfer. The parties agree that, upon the User’s request, the transitional portability period may be extended once for a reasonable additional period.

Clients may export the main data and assets they have generated or uploaded to Dcycle during the term of their contract, including:

• Company and project information (project name, metadata, related entities)
• Uploaded files and datasets in their original formats (CSV, Excel, PDF, etc.)
• Analysis and validation results (status, indicators, and reports)
• User activity logs directly related to those projects

Exports may be made available through Dcycle’s interface or API, depending on the data type. DCYCLE shall ensure that exports include the documentation, schemas, and metadata necessary for the data to be understandable, interoperable, and reusable by the User or by the new service provider.

To protect Dcycle’s proprietary technology and trade secrets, the following categories are non-exportable:

• Internal system logs and event metadata used for infrastructure monitoring and performance optimization
• AI/machine learning models, algorithms, or derived scoring logic used in automated assessments
• Configuration files or backend schemas forming part of Dcycle’s internal data architecture
• Aggregated or anonymized datasets generated exclusively for system optimization

These exclusions are strictly limited to elements whose disclosure could compromise Dcycle’s infrastructure or intellectual property. In all cases, DCYCLE shall document and provide written justification for any full or partial refusal of export, informing the User of the objective reasons and offering, when technically feasible, alternative access, transformation, or anonymization options to allow the User to retain the functionality and value of their data.

Until 12 January 2027, DCYCLE may charge the User for costs actually incurred and directly related to the process of changing providers or transferring data to local infrastructure, in accordance with the Data Act, when the client requests active technical support for data migration to another provider or local infrastructure and/or when the process requires the use of Dcycle’s specific migration tools, APIs, or customized export scripts. Such costs shall be direct, justified, and limited to the technical work strictly required. These costs must be communicated and accepted by the User in advance, and DCYCLE shall provide a documented estimate of the necessary technical work.

After that date, DCYCLE shall not pass on such costs, except for those arising from the ongoing data transmission involved in the parallel and interoperable use of multiple providers’ services.

DCYCLE declares that this clause shall be interpreted and applied in accordance with Regulation (EU) 2023/2854 (Data Act) and other applicable laws on data protection and portability. In the event of any conflict between this clause and applicable legislation, the latter shall prevail, and DCYCLE shall immediately adapt its contractual obligations to ensure full compliance.

Each clause in these Terms and Conditions must be interpreted independently. If any clause is declared void by final court or arbitral decision, the remaining provisions will not be affected and will remain in force. The affected clause(s) will be replaced by others that preserve the intended effects of the Terms and Conditions.

If the User has a complaint regarding a purchase or service provided by DCYCLE, they may contact the company at: hello@dcycle.io.

Any dispute arising from the interpretation or execution of this contract shall be submitted to the Courts and Tribunals of the city of Madrid, Spain, with express waiver of any other applicable jurisdiction.