Legal Notice

Contact details

Email: contact@wearespixes.com

Editorial team

Publication director: Nicolas Michaud

Co-publication directors: Jules Seyeux, Guillaume Sallé

Editorial manager: Nicolas Michaud

2.1 Website and Application Hosting

The Spixes website and mobile application are hosted by Railway Corp., 548 Market St PMB 68956, San Francisco, CA 94104, United States.

2.2 User Data Hosting

Users' personal data is hosted on servers located within the European Union / European Economic Area (EU/EEA), in accordance with Regulation (EU) 2016/679 (GDPR).

For more information on the processing and hosting of personal data, please consult our Privacy Policy.

4.1 Platform Content

All elements present on the Spixes website and mobile application, including but not limited to:

• Texts, graphics, logos, icons, photographs, videos
• Structure, design, graphic charter, user interface
• Software, source codes, databases, algorithms
• Trademarks, trade names and domain names

are the exclusive property of Spixes OÜ or its licensors, and are protected by:

• Copyright (Estonian law and international conventions)
• Trademark law
• Database rights
• Sui generis rights of the database producer

4.2 Prohibitions

Any reproduction, representation, modification, publication, adaptation, translation, commercial exploitation, total or partial, of the elements of the site or application, by any process whatsoever, without prior written authorization from Spixes OÜ, is strictly prohibited and constitutes counterfeiting sanctioned by relevant articles of Estonian and European law.

4.3 Exceptions

The following are authorized, in compliance with applicable law:

• Reproduction for private and non-commercial use (screenshot for personal use)
• Short quotations for information, analysis or criticism purposes, provided the source is clearly mentioned ("Source: Spixes – www.spixes.com")

4.4 User Content

Content published by users (texts, photos, videos, comments) remains the intellectual property of their respective authors.

However, by publishing content on the Platform, users grant Spixes OÜ a license to use it in accordance with the Terms of Use (ToU) and Terms of Sale (ToS).

4.5 Infringement Notification

Any person believing that content published on the Platform infringes their intellectual property rights may send a notification to the following address: contact@wearespixes.com, providing necessary supporting documents.

5.1 Nature of Service

Spixes OÜ acts as a host and technical intermediary within the meaning of Article 14 of Directive 2000/31/EC of the European Parliament and of the Council on electronic commerce.

As such, Spixes does not exercise any prior control over content published by users and is not responsible for this content, subject to its obligation to remove manifestly illegal content brought to its attention.

5.2 Obligation of Means

Spixes OÜ is subject to an obligation of means, not results, concerning:

• Access to the site and application
• Proper functioning of the Platform
• Data security
• Quality of services provided

5.3 Limitation of Liability

Within the limits authorized by applicable law, Spixes OÜ cannot be held responsible:

a) In case of interruption or malfunction:

• Scheduled or emergency maintenance
• Technical failures, software bugs
• Cyberattacks, hacking acts
• Force majeure cases

b) In case of data loss or corruption:

• Independent of Spixes's will
• Resulting from a user's or third party's act

c) Concerning content published by users:

• Truthfulness, accuracy, legality
• Infringement of third party rights
• Damage caused to third parties

d) Concerning relations between users:

• Disputes, disagreements, agreements concluded between Hostels and Backpackers
• Non-performance or poor performance of agreed arrangements
• Behavior, identity or honesty of users

e) Concerning indirect damages:

• Loss of profits, clientele, revenue
• Data loss, loss of opportunity
• Damage to image or reputation
• Moral or intangible harm

5.4 Liability Cap

In any event, and to the extent permitted by applicable law, Spixes OÜ's total and cumulative liability, all damages combined, cannot exceed:

• For paid services: the total amount received from the user over the twelve (12) months preceding the event giving rise to liability
• For free services: the sum of 0 euros

5.5 User Liability

The user is solely responsible for:

• The use they make of the Platform
• Content they publish
• Their computer equipment and internet connection
• Compliance with these Legal Notice, ToU, ToS and applicable legislation

Important: The user undertakes to indemnify Spixes OÜ for any harm, claim, legal action or conviction resulting from violation of their obligations.

6.1 Data Controller

Spixes OÜ is the data controller for personal data collected on the site and application, within the meaning of Regulation (EU) 2016/679 (GDPR) and Estonian law on personal data protection (Personal Data Protection Act).

6.2 Processing Purposes

Personal data is collected and processed for the following purposes:

• Creation and management of user accounts
• Provision of connection services
• Payment processing (Premium subscriptions)
• Platform improvement
• Communication with users
• Compliance with legal obligations

6.3 User Rights

In accordance with GDPR, users have the following rights:

• Right of access, rectification, erasure
• Right to restriction of processing
• Right to data portability
• Right to object
• Right to withdraw consent at any time
• Right to lodge a complaint with the supervisory authority

These rights can be exercised at: contact@wearespixes.com

6.4 Privacy Policy

For detailed information concerning personal data processing, please consult our Privacy Policy.

9.1 Links to Third-Party Sites

The site and application may contain hyperlinks to websites operated by third parties.

Spixes OÜ exercises no control over these third-party sites and disclaims all responsibility for:

• Their content, availability or accuracy
• Their privacy and security practices
• Damages resulting from their consultation or use

Note:Access to these third-party sites is at the user's sole and entire responsibility.

9.2 Links to Spixes Platform

Any hyperlink pointing to the Spixes site or application must be subject to prior written authorization from Spixes OÜ, unless it is a simple (non-deep) link to the site's homepage.

Framing, inline linking or deep linking techniques are prohibited without express written authorization.

10.1 Reporting Procedure

Any user or third party may report content they consider illegal or contrary to the ToU, directly from the Platform or by email to: contact@wearespixes.com

The report must contain:

• Precise identification of the offending content (link, screenshot)
• Reasons for the report (nature of alleged infringement)
• Reporter's complete contact details

10.2 Report Processing

Spixes OÜ undertakes to examine any report within a reasonable time and to take appropriate measures, including:

• Removal or blocking of manifestly illegal content
• Suspension or deletion of the content author's account
• Transmission of information to competent authorities if necessary

The reporter will be informed of the follow-up to their report, as far as possible and in accordance with applicable legislation.

11.1 Consumer Mediation

In accordance with Directive 2013/11/EU on alternative dispute resolution for consumer disputes, any consumer residing in the European Union has the right to use a consumer mediator free of charge for amicable resolution of a dispute with Spixes OÜ.

European online dispute resolution (ODR) platform:
https://ec.europa.eu/consumers/odr

Note: Consumer mediation is not mandatory in Estonia. However, Spixes OÜ undertakes to cooperate in good faith with any approved European mediator that a consumer wishes to refer a dispute to. The consumer may freely choose the mediator of their choice among approved mediators in their country of residence.

11.2 Amicable Settlement

In case of dispute, the parties undertake to seek an amicable solution before any legal action.

The user may contact Spixes OÜ customer service at: contact@wearespixes.com

Spixes OÜ undertakes to respond within a maximum period of seven (7) business days.

12.1 Applicable Law

This Legal Notice is governed and interpreted in accordance with Estonian law.

However, if the user is a consumer residing in a European Union Member State, they also benefit from the protection of mandatory provisions of the law of their country of residence, in accordance with Regulation (EC) No. 593/2008 (Rome I).

12.2 Competent Jurisdiction

For professional users (legal entities or natural persons acting for professional purposes):

In the absence of amicable settlement, any dispute falls under the exclusive jurisdiction of Tallinn courts (Estonia).

For consumers (natural persons acting for non-professional purposes):

In accordance with Regulation (EU) No. 1215/2012 (Brussels I bis), the consumer may choose to bring proceedings in:

• The courts of their place of domicile, or
• The courts of Tallinn (Estonia)

Spixes OÜ may only bring proceedings in the courts of the consumer's place of domicile.