These Terms and Conditions regulate the access and use of the Software owned by THE WAKE UP MOVEMENT, S.L., with VAT number B88511373, and registered address at Calle Gran Vía, 59, 8 Izquierda, 28013 Madrid, Spain (hereinafter referred to as "DCYCLE"). Users of the program (hereinafter, "Users") can contact DCYCLE by sending an email to the address: hello@dcycle.io.
This software has been developed by DCYCLE in order to offer Users a tool for measuring and auditing their companies in terms of the environment, providing detailed information on their status and applicable measures for improvement in results (hereinafter, the "Software").
DCYCLE grants the User a non-exclusive license to use the Software, subject to the provisions of these Terms and Conditions.
Accessing and navigating the Software will require Users to register and create an account through the website: www.dcycle.io (hereinafter, the "Website").
DCYCLE declares that the Software is designed for professional use in the analysis and audit of companies regarding their carbon footprint; therefore, its personal use is not authorized or recommended. DCYCLE is not responsible for any damages suffered by a User who, in contravention of these Terms and Conditions, has used the Software for personal purposes.
DCYCLE will provide technical maintenance services (preventive and corrective) for the licensed Software remotely, during office hours from Monday to Friday, excluding holidays.
DCYCLE may perform maintenance and update functions on the Software, giving a minimum notice of 48 hours. During these actions, the Software may be temporarily unavailable until the work is completed.
The Software offers Users the possibility to create an account through an online form that must be filled out with the required information.
Users will be fully responsible for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the username and/or passwords that allow access to their account, and undertake not to transfer their use to third parties, either temporarily or permanently, or to allow access to third parties.
In accordance with the above, Users must immediately notify DCYCLE via email at hello@dcycle.io of any misuse of their username and/or password, due to circumstances such as theft, loss, or unauthorized access to them, so that DCYCLE can proceed with their cancellation or blocking and/or disabling as soon as it becomes aware of the improper use of their User Account. Until such facts are communicated, DCYCLE will be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorized third parties.
Users undertake to make lawful, diligent, honest, and correct use of any information or content they have access to through the Software, all under the principles of good faith and always respecting current legislation and these Terms and Conditions.
In particular, but not limited to, Users shall not:
i) Register or communicate data that is not true, accurate, complete, and/or up-to-date, nor access the Software using another user's name, identifying data, or password, or impersonate any person or identity.
ii) Intentionally or maliciously cause damage or harm that may impair or alter the Software, nor shall they introduce or spread computer viruses that may produce unauthorized alterations to the contents or systems integrated into the Software. The User shall not scan or test the vulnerability of any DCYCLE system or network, or breach any security or authentication measure, or attempt to decipher or disassemble the software used by DCYCLE to provide services through the Software.
iii) Use the Software for fraudulent purposes, or related to criminal offenses or any type of illicit activities.
DCYCLE reserves the right to deny any attempt to access the Software, cancel accounts, delete or modify content, or cancel the provision of services in cases of misuse of the Software.
All prices are indicated through the Website and are expressed in euros and include VAT and any other taxes that may apply.
The User may pay the corresponding amount for their license using the payment methods accepted on the Website.
Within a maximum period of twenty-four (24) hours, DCYCLE will send an email to the User, confirming the details of the purchase made. Said email will detail the order, the personal data provided, and the order number to ensure that the purchase has been successfully completed.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The User must notify DCYCLE of any improper or fraudulent charges on the card used for purchases by sending an email to hello@dcycle.io as soon as possible so that DCYCLE can take appropriate action.
DCYCLE grants the User a non-exclusive license to use the Software.
The granting of this limited license of use does not constitute a transfer or, in any other form, a transmission of intellectual or industrial property rights in favor of the User, who will only have a right to use with the limitations contained in these Terms and Conditions.
All rights over the content, design, and source code of this Software, and especially, but not limited to, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included in the Software, and any other intellectual and industrial property rights are owned by DCYCLE, or by third parties who have expressly authorized DCYCLE for their use in its Software.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regulating, clarifying, and harmonizing the current legal provisions on the matter, as well as Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Software, on any support and by any technical means, is expressly prohibited without the express written authorization by DCYCLE.
The designs, logos, texts, and/or graphics not belonging to DCYCLE and that may appear in the Software belong to their respective owners, who are responsible for any possible controversy that may arise regarding them.
DCYCLE does not provide any guarantee nor shall it be responsible, in any case, for damages and losses of any nature that may arise from access to or use of the contents of the Software. Among others, and for illustrative but not limited purposes, DCYCLE shall not be liable for the following circumstances:
i) The content of other Internet pages to which links or links placed on the Software may lead.
ii) The unlawful, negligent, fraudulent, contrary to these Terms and Conditions, or bad faith use of the Software or its contents by Users, including any infringement of DCYCLE's or third parties' Intellectual and/or Industrial Property rights.
iii) Incidents caused by the lack of due diligence on the part of the User or by the improper use of the Software.
iv) Cases of force majeure, understood as such as the failure, suspension, or interruption of services or the use of the Software as a result of the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service companies, or any other causes or circumstances beyond DCYCLE's control that prevent the normal use of the Software.
DCYCLE will not be liable to third parties for the content or accuracy of any content sent. DCYCLE has the right to remove any content sent through the Platform at its sole discretion.
DCYCLE shall have the right to investigate and report any of the aforementioned behaviors in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.
DCYCLE undertakes to comply adequately with all legal provisions contained in the Data Protection regulations, both European, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Spanish legislation.
The personal data provided by the User will be the responsibility of DCYCLE. The purpose of the collection and processing of such data is for the fulfillment of the obligations arising from the contracted services.
The data will be kept for as long as necessary to fulfill the purpose for which they were collected and to determine any liabilities that may arise from that purpose and from the processing of the data, in accordance with the aforementioned regulations. In compliance with current regulations, DYCLE guarantees that it has adopted the necessary technical, legal, and organizational measures to maintain the required level of security in relation to the nature and confidentiality of the personal data processed.
The User may exercise their rights (access, rectification, opposition, deletion, limitation, portability, and not to be subject to automated individual decisions) by email to hello@dcycle.io or by postal mail to the address indicated in the company information. Documentation proving the identity of the applicant may be required (copy of the front of the National Identity Document, or equivalent). The maximum response time will be (30) THIRTY days from receipt, which may be extended for a maximum period of (2) TWO months if necessary.
For more information, you can consult the privacy policy through the following link.
The User may terminate this contract at any time.
In the event that the User breaches any of the obligations included in these Terms and Conditions, DCYCLE may terminate the use of the license and access to the Software without prior notice.
The termination of the User's access to the Software shall not prevent DCYCLE from maintaining a copy of the information contained in the database. This process will be carried out in strict compliance with the General Data Protection Regulation.
DCYCLE reserves the right to make as many modifications as it deems appropriate to these Terms and Conditions, in which case they will be communicated to Users.
These modifications will be valid from their publication on the Website.
All clauses or provisions of these Terms and Conditions must be interpreted independently and autonomously, without affecting the rest of the provisions in the event that one of them is declared null by a court judgment or final arbitration award. The affected clause or clauses will be replaced by others that preserve the effects pursued by the Terms and Conditions.
If the User has any complaint regarding the purchase made or the service offered by DCYCLE, they can contact the company at any time using the following contact information: hello@dcycle.io
In the event of any dispute arising regarding the interpretation or performance of this contract, the parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may correspond to them.
