Terms of Use

1.1 Publisher Identification

These Terms of Use (hereinafter "ToU") govern access to and use of the Spixes digital platform (hereinafter "the Platform"), published by:

SPIXES OÜ

Legal form: Osaühing (private limited liability company under Estonian law)

Registration number: 17445798

Registered office: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145 Tallinn, Estonia

EU TIN number: 17445798

Email: contact@wearespixes.com

Phone: +33 7 49 92 82 05

Legal representatives: Nicolas Michaud, Jules Seyeux, Guillaume Sallé

Publication director: Nicolas Michaud

Hosting provider: Railway Corp., 548 Market St PMB 68956, San Francisco, CA 94104, United States

Hereinafter referred to as "Spixes", "we", "the Company".

1.2 Purpose of the ToU

These ToU aim to define the terms and conditions of access to and use of the Spixes Platform by any user, whether registered or a simple visitor.

1.3 Scope of Application

The ToU apply to all users of the Platform, without exception or reservation:

• Visitors: persons browsing the Platform without being registered
• Registered Users: Professionals and Backpackers with an account

For commercial aspects and Premium Subscription, the Terms of Sale (ToS) apply in addition to these ToU.

1.4 Acceptance of the ToU

Important: Access to the Platform implies full, complete and unreserved acceptance of these ToU. If you do not accept these terms, you must refrain from using the Platform.

3.1 Access Conditions

The Platform is accessible:

• 24 hours a day, 7 days a week, except scheduled or unscheduled interruption, particularly for maintenance, updates or force majeure
• The homepage (landing page) is freely accessible without registration
• Access to the Feed, the Social Space and Platform features is reserved for registered Users
• Access to volunteering opportunities is reserved for Backpackers holding an active Premium Subscription

3.2 Technical Prerequisites

Access requires:

• An active Internet connection
• A recent and up-to-date web browser (Chrome, Firefox, Safari, Edge)
• JavaScript activation
• Acceptance of functional cookies (see Cookie Policy)

3.3 Access Costs

Internet connection fees, computer equipment and telecommunications remain the exclusive responsibility of the User.

3.4 Availability Responsibility

Spixes implements all reasonable means to ensure continuous and secure access to the Platform.

However, Spixes does not guarantee:

• Uninterrupted and error-free access
• The absence of bugs, viruses or other harmful elements
• Compatibility with all equipment and configurations

Spixes reserves the right to suspend, interrupt or limit access to all or part of the Platform, without notice, for reasons of:

• Technical maintenance (scheduled or emergency)
• Feature updates
• Computer security
• Compliance with a legal obligation or court decision
• Force majeure

3.5 Platform Evolution

Spixes reserves the right to evolve, modify or remove, at any time and without notice, all or part of the Platform's functionalities.

Users will be informed, as far as possible, of substantial modifications.

4.1 Registration Conditions

Registration on the Platform is open to:

• Natural persons of legal age (18 years old) with full legal capacity
• Legally constituted legal entities, represented by an authorized person

4.2 Registration Procedure

To create an account, the User must:

• Complete the registration form by providing the required information (name, first name, email, password, etc.)
• Accept these ToU, the ToS (if applicable) and the Privacy Policy
• Validate their email address by clicking on the confirmation link sent by Spixes

4.3 Accuracy of Information

The User undertakes to provide accurate, complete, truthful and up-to-date information. They undertake to update their information in case of modification.

Any false, misleading information or usurping a third party's identity engages the User's responsibility and may result in:

• Immediate suspension of the Account
• Permanent deletion of the Account
• Legal proceedings

4.4 Account Uniqueness

Each User may only create one Account, unless expressly authorized by Spixes. The creation of multiple accounts ("multi-accounts") is strictly prohibited and constitutes grounds for immediate deletion of all accounts concerned.

4.5 Account Security

The User is solely responsible for the confidentiality and security of their login credentials (email and password).

They must:

• Choose a strong password (at least 8 characters, including uppercase, lowercase, numbers and special characters)
• Never communicate their credentials to a third party
• Log out after each session, especially on a shared computer

Any use of the Account, fraudulent or not, is presumed to be performed by the User, who assumes full responsibility.

In case of loss, theft, hacking or unauthorized use of their credentials, the User must immediately:

• Change their password
• Inform Spixes at: contact@wearespixes.com

4.6 Identity Verification

Spixes reserves the right to request, at any time, verification of the User's identity, including by transmitting:

• An official identity document in current validity (national identity card, passport)
• A recent photo (selfie)
• Proof of residence or establishment existence (for Hostels)
• Any other document deemed necessary

Warning: Refusal or absence of response within seven (7) days may result in suspension or deletion of the Account.

5.1 General Description

Spixes is a connection and community exchange platform between:

Professionals: accommodation establishments, activity centres, event organisers and other tourism structures that may:

• Publish volunteering opportunities (unlimited)
• Post on the community Feed
• Use both features simultaneously (volunteering + Feed)

Backpackers: travellers who may:

• Browse the Professionals' Feed
• Access the Social Space (free)
• Upon subscribing to a Premium Subscription: browse volunteering opportunities and apply for them

The Platform includes three main spaces:

• Volunteering Space: browsing and applying for volunteering listings (reserved for Premium Backpackers)
• Feed: news feed where Professionals share events, photos, videos and news (accessible to all registered Backpackers)
• Social Space: free social network enabling Backpackers to interact, create groups and organise collective events (accessible to all registered Backpackers)

5.2 Services for Professionals (currently free)

Professionals currently benefit from free access allowing them to:

• Create and customise a professional profile
• Publish volunteering opportunities (unlimited)
• Publish events and news on the Feed
• Browse Backpacker profiles
• Communicate with Backpackers via integrated messaging
• Access statistics

Spixes reserves the right to charge for certain features, with thirty (30) days' prior notice.

5.3 Services for Backpackers

Free access (no subscription, for any registered Backpacker):

• Browsing the Feed published by Professionals
• Full access to the Social Space: create and join groups, organise events, publish content and interact with the community

Premium Subscription (paid, rolling monthly):

• Unlimited browsing of volunteering opportunities published by Professionals
• Unlimited applications for volunteering opportunities
• Enhanced visibility and profile promotion
• Verification badge ("Verified Profile")
• Unlimited messaging
• Advanced statistics
• Early access to new features
• Priority promotion in the Social Space

For the pricing conditions of the Premium Subscription, see the Terms of Sale.

5.4 Nature of Service – Intermediary Role

Spixes acts solely as a technical intermediary facilitating connection.

Spixes does not guarantee:

• The actual conclusion of an agreement between a Professional and a Backpacker
• The quality, truthfulness, accuracy or legality of published offers
• The proper execution of arrangements concluded between Users
• The identity, qualifications, background or honesty of Users

5.5 User Responsibilities

Arrangements concluded between Professionals and Backpackers are their sole responsibility.

Spixes is neither an employer, a recruitment agency, nor a party to contracts concluded between Users.

Each User must:

• Verify the identity and reliability of their interlocutor
• Ensure compliance with local legislation (labor law, immigration, taxation)
• Contract appropriate insurance (civil liability, repatriation, health)
• Take all necessary precautions before committing

6.1 Respect for Laws and Regulations

The User undertakes to respect:

• These ToU
• Laws and regulations applicable in their country of residence and in the country of Platform use
• Third party rights (intellectual property, privacy, image rights, defamation)

6.2 Compliant and Good Faith Use

The User undertakes to use the Platform:

• Loyally and in good faith
• For strictly personal purposes (non-commercial, unless authorized)
• In respect of the community spirit of the Platform

6.3 General Prohibitions

It is strictly forbidden to:

a) Usurp the identity of a third party or provide false information.

b) Create multiple accounts (unless authorized by Spixes).

c) Sell, assign, transfer or share one's account with a third party.

d) Use the Platform for illicit purposes, including:

• Prostitution, human trafficking, exploitation
• Concealed work, tax or social fraud (outside the legal framework of voluntary volunteering)
• Fraud, scam, money laundering
• Counterfeiting, receiving stolen goods
• Violation of immigration laws or visa conditions

Important regarding volunteering: Volunteering proposed on the Platform must comply with the legal framework applicable in each country (maximum duration, absence of subordination relationship, social coverage, etc.). Users are responsible for ensuring that their arrangements comply with local legislation regarding labor law, taxation and immigration.

e) Bypass, disable or disrupt:

• Platform security measures
• Premium features (reverse engineering)
• Proper functioning of the Platform (DDoS attacks, spam, flooding)

f) Extract, scrape or automatically collect Platform data (scraping, crawling, data mining) without written authorization.

g) Use robots, scripts or automated software to create accounts, send mass messages or manipulate the system.

h) Directly solicit Users for unauthorized commercial or promotional purposes.

i) Attempt to access other Users' accounts or secure areas of the Platform.

j) Spread viruses, malware, Trojan horses or any other malicious code.

7.1 Editorial Responsibility

Each User is solely responsible for Content they publish on the Platform.

Spixes does not exercise any prior control over User Content and cannot be held responsible for its accuracy, legality or quality.

7.2 Prohibited Content

It is strictly forbidden to publish or disseminate any Content:

a) Illegal or contrary to public order:

• Incitement to hatred, violence, terrorism
• Apology for crimes against humanity, negationism
• Racial, ethnic, religious, sexist, homophobic discrimination
• Harassment, threats, intimidation

b) Pornographic or sexually explicit:

• Nudity of a sexual nature
• Child pornography content (zero tolerance)
• Sexual solicitation, prostitution

c) Infringing on others' rights:

• Defamation, insult, damage to honor
• Violation of privacy
• Counterfeiting, copyright violation
• Identity theft
• Violation of image rights

d) Deceptive or fraudulent:

• False information, scams, fraud
• Misleading or deceptive offers
• Phishing, hacking

e) Spam or unsolicited advertising:

• Repetitive commercial messages
• Links to unauthorized third-party sites
• Promotion of illicit products or services

f) Dangerous to security:

• Viruses, malware, malicious links
• Instructions for committing illegal or dangerous acts

7.2.1 Prohibited Content in Social Space:

In addition to the general prohibitions listed above, it is strictly forbidden in the Social Space to:

• Create groups of discriminatory, hateful or illegal nature
• Organize events contrary to public order or security
• Use the Social Space for unauthorized commercial solicitation
• Spam groups or discussions with repetitive content
• Usurp the identity of an existing group, event or organization
• Create fake events or groups to deceive users
• Harass, intimidate or target other community members

Spixes reserves the right to delete any group, event or post not respecting these rules, and to suspend or delete the accounts of offending users.

7.3 Moderation and Reporting

Reporting by Users: Any User can report Content they consider illegal or contrary to the ToU by using the report button or by contacting: contact@wearespixes.com.

Moderation by Spixes: Spixes reserves the right to moderate, suspend or delete, at any time and without notice, any Content that:

• Violates these ToU
• Is manifestly illegal
• Infringes third party rights
• Harms Spixes's image or interests
• Is subject to a report or authority notification

No general monitoring obligation: In accordance with Directive 2000/31/EC on electronic commerce, Spixes has no general obligation to monitor User Content, nor to actively seek facts or circumstances revealing illegal activities.

7.4 Sanctions

In case of violation, Spixes may, without notice:

• Delete the offending Content
• Temporarily suspend the Account (from 24 hours to 30 days)
• Permanently delete the Account
• Transmit information to competent authorities
• Initiate legal proceedings and claim damages

7.5 Guarantee and Indemnification

The User guarantees Spixes that they have all necessary rights and authorizations to publish the Content.

They undertake to indemnify and hold Spixes harmless from any claim, legal action, loss or damage resulting from violation of their obligations.

8.1 Ownership of Spixes Content

All elements of the Platform (design, structure, design, graphic charter, logos, trademarks, texts, images, videos, sounds, databases, software, source codes, algorithms) are the exclusive property of Spixes OÜ or its licensors.

They are protected by:

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

8.2 Limited Use License

Spixes grants the User a personal, non-exclusive, non-transferable, revocable and limited license to access and use the Platform within the framework of its normal use.

It is strictly forbidden to:

• Reproduce, copy, duplicate, sell, resell or commercially exploit all or part of the Platform
• Modify, adapt, translate, decompile, disassemble or reverse engineer the source code
• Extract or reuse in a substantial manner the content of the database
• Create derivative works based on the Platform

8.3 Ownership of User Content

The User retains intellectual property rights to Content they publish.

However, by publishing Content on the Platform, the User grants Spixes a worldwide, non-exclusive, transferable, sub-licensable and free license to:

• Host, store, reproduce and display Content on the Platform
• Communicate Content to other Users
• Adapt Content for technical reasons (format, resolution, compression)
• Use Content for promotional purposes (advertising, social networks, press), with the User's prior consent for any use outside the Platform

This license ends when the User deletes their Content, subject to backup copies and legal retention obligations.

8.4 Content Published in Social Space

Any content published by a Backpacker in the Social Space (posts, comments, group descriptions, events) is subject to the same license rules as User Content defined in Article 8.3.

By creating a group or event, the User grants other group members or event participants the right to view, comment and share content within the Platform only.

Spixes may highlight certain groups, events or posts in its marketing communications (newsletter, social networks), with the author's prior consent for any use outside the Platform.

8.5 Trademarks and Logos

Trademarks, logos and distinctive signs displayed on the Platform are registered or unregistered trademarks of Spixes OÜ or third parties.

Any reproduction or use without prior written authorization is prohibited and constitutes counterfeiting.

8.6 Infringement Notification (DMCA)

If you believe that Content published on the Platform infringes your intellectual property rights, you can send a notification to: contact@wearespixes.com, providing:

• Your complete contact details
• Precise description of the offending Content (URL)
• Proof of your ownership of rights
• A good faith declaration
• Your signature (electronic or handwritten)

Spixes will examine the notification and take appropriate measures as soon as possible.

9.1 Reference to Privacy Policy

Processing of Personal Data is governed by Spixes's Privacy Policy.

This policy is an integral part of these ToU.

9.2 GDPR Compliance

Spixes processes Personal Data in accordance with Regulation (EU) 2016/679 (GDPR) and Estonian legislation on data protection (Personal Data Protection Act).

9.3 User Rights

Users have rights of access, rectification, erasure, restriction, portability and objection.

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

10.1 Use of Cookies

The Platform uses cookies and similar technologies to ensure its proper functioning, improve user experience and perform statistical analyses.

10.2 Reference to Cookie Policy

Cookie use methods are detailed in the Cookie Policy.

10.3 Preference Management

The User can manage their cookie preferences via:

• The cookie management banner (upon first visit)
• Their browser settings
• The "Privacy Settings" space in their Account

11.1 Links to Third-Party Sites

The Platform may contain hyperlinks to websites or resources operated by third parties.

Spixes exercises no control over these third-party sites and is not responsible for:

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

Access to these sites is at the User's sole responsibility.

11.2 Links to the Platform

Any hyperlink pointing to the Platform must be subject to prior authorization from Spixes, unless it is a simple (non-deep) link to the homepage.

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

12.1 Suspension by Spixes

Spixes may temporarily suspend a User's Account, without notice, in the following cases:

• Violation of these ToU or ToS
• Suspicious, fraudulent or abusive behavior
• Report by other Users
• Ongoing investigation
• Request from a competent authority

The suspension period may range from 24 hours to 30 days, or more in case of serious violation.

12.2 Termination by Spixes

Spixes may permanently terminate a User's Account, with immediate effect, in the following cases:

• Serious or repeated violation of ToU or ToS
• Identity theft, fraud, scam
• Publication of illegal Content (child pornography, terrorism, etc.)
• Use of multiple accounts
• Serious damage to Spixes's image or interests
• Failure to regularize after suspension
• Judicial or administrative decision

Warning: No refund will be made in case of termination for fault.

12.3 Termination by User

The User may delete their Account at any time from their personal space.

Deletion results in:

• Immediate deactivation of the Account
• Deletion of User Content (subject to legal obligations)
• Retention of Personal Data in accordance with the Privacy Policy

For Premium Backpackers, subscription termination must be performed in accordance with the ToS.

13.1 Limitation of Spixes's Liability

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

a) Relations between Users:

• Disputes, disagreements, concluded agreements
• Non-performance or poor performance of arrangements
• Behavior, honesty or identity of Users

b) User Content:

• Accuracy, truthfulness, legality
• Damage caused by illegal or inappropriate Content

c) Interruptions or malfunctions:

• Maintenance, technical failures, bugs
• Cyberattacks, third-party acts
• Force majeure cases

d) Indirect damages:

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

13.2 Liability Cap

In any event, Spixes's total liability, all damages combined, cannot exceed:

• For paid services: the total amount paid by the User over the last 12 months
• For free services: Spixes's total liability is limited to one hundred (100) euros

13.3 Obligation of Means

Spixes is subject to an obligation of means, not results.

Spixes undertakes to implement all reasonable means to ensure:

• Proper functioning of the Platform
• Data security
• Moderation of manifestly illegal content

13.4 User Guarantees

The User guarantees and indemnifies Spixes against any claim, action, loss or damage resulting from:

• Violation of these ToU
• Content they publish
• Fraudulent or abusive use of the Platform

14.1 Definition

Neither party shall be held liable for non-performance of its obligations due to a force majeure event as defined by Estonian law (Law of Obligations Act, §103).

Force majeure means any external, unforeseeable and irresistible event preventing contract execution.

The following constitute force majeure cases:

• Natural disasters, epidemics, pandemics
• Wars, riots, acts of terrorism
• General strikes, blockages
• Widespread power or telecommunications outages
• Large-scale cyberattacks (DDoS, ransomware)
• Public authority decisions

14.2 Effects

In case of force majeure, performance of contractual obligations is suspended for the duration of the event.

If the event persists for more than 30 days, each party may terminate the contract without compensation.

14.3 Notification

The party invoking force majeure must inform the other party as soon as possible by any appropriate means.

16.1 Applicable Law

These ToU are governed by Estonian law.

However, consumers residing in an EU Member State benefit from the protection of mandatory provisions of their national law.

16.2 Amicable Settlement

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

The User may contact Spixes's customer service at: contact@wearespixes.com.

16.3 Mediation

In accordance with Directive 2013/11/EU, any European consumer has the right to use a consumer mediator free of charge.

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

Important note: Consumer mediation is not mandatory in Estonia. However, Spixes 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.

16.4 Jurisdiction

For professionals: In the absence of amicable settlement, exclusive jurisdiction of Tallinn courts (Estonia).

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

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

17.1 Severability

If a clause of these ToU is declared null or invalid, other clauses retain their full force and effect.

The parties undertake to replace the annulled clause with a valid clause of equivalent effect.

17.2 Non-Waiver

Spixes's failure to enforce a violation of the ToU does not constitute a waiver to enforce it subsequently.

17.3 Entirety

These ToU, ToS, Privacy Policy and Cookie Policy constitute the entire agreement between the parties.

17.4 Language and Linguistic Versions

The ToU are drafted in French.

Translated versions may be made available to Users in other languages (English, Spanish, etc.) for information purposes.

In case of contradiction or difference of interpretation between the French version and any translated version, the French version shall prevail.

Note: This provision is in accordance with Estonian law which allows parties to freely choose the language of the contract (Law of Obligations Act, §11), subject to European consumer protection rules which guarantee the right to receive information in a language they understand.

17.5 Assignment

Spixes may assign or transfer its rights and obligations to a third party in case of merger, acquisition or restructuring.

The User may not assign their rights without Spixes's prior written consent.