Terms of Use

Article 1 – Preamble and Purpose

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:

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: Hostels 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

Article 2 – Definitions

Platform: website accessible at www.spixes.com and Spixes mobile application (iOS/Android).

User: any person accessing the Platform, registered or not.

Hostel: tourist accommodation establishment registered on the Platform to publish volunteer opportunities, service exchange offers, and/or posts on the community Feed.

Backpacker: traveler registered on the Platform to view volunteer opportunities, apply for these offers, access the community Feed and Social Space.

Feed: community news feed of the Platform where Hostels can publish events, news, photos, videos and any information related to their establishment or the traveler community.

Social Space: Platform functionality allowing Backpackers to interact with each other, create groups, organize events, publish content and comment on other users' posts.

Account: secure personal space created during registration.

User Content: any content (text, photo, video, comment, message) published by a User on the Platform.

Spixes Content: all elements composing the Platform (texts, graphics, logos, icons, sounds, software, databases, structure, design).

Personal Data: any information relating to an identified or identifiable natural person, within the meaning of the GDPR.

Article 3 – Access to the Platform

3.1 Access Methods

The Platform is accessible:

• 24 hours a day, 7 days a week, except scheduled or unscheduled interruption, particularly for maintenance, updates or force majeure
• Free of charge for general consultation and registration
• On any support: computer, smartphone, tablet, via web browser or mobile application

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.

Article 4 – Registration and Account Creation

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@spixes.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

Article 5 – Services Provided by the Platform

5.1 General Description

Spixes is a connection and community exchange platform between:

Hostels: accommodation establishments that can:

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

Backpackers: travelers who can:

• Search and apply for volunteer opportunities
• View Hostels' Feed
• Participate in events
• Use the Social Space to create groups, organize events and interact with other Backpackers
• Publish content and comment on community posts
• Use the application for social and community purposes

The Platform includes three main spaces:

• Volunteer Opportunities Space: publication and consultation of volunteering/service exchange announcements
• Community Feed: news feed where Hostels share events, photos, videos, news
• Social Space: social network allowing Backpackers to interact, create groups and organize collective events

5.2 Services for Hostels (free)

Hostels benefit from free access allowing them to:

• Create and customize an establishment profile
• Publish volunteer opportunities (unlimited number)
• Publish events and news
• View Backpackers' profiles
• Communicate with Backpackers via integrated messaging
• Access consultation statistics for their offers

5.3 Services for Backpackers

Free version:

• Create and customize a traveler profile
• View the entire community Feed published by Hostels
• View a very limited number of volunteer opportunities per month (quota defined in account settings)
• Apply for a very limited number of offers per month (quota defined in account settings)
• Communicate with Hostels via integrated messaging (after connection)
• Full access to Social Space: create and join groups, organize events, publish content, and interact with the community

Premium version (paid):

Backpackers can subscribe to a Premium Subscription giving access to advanced features (see 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 Hostel 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 Hostels and Backpackers are their sole responsibility.

Spixes is neither an employer, nor a placement 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

Article 6 – User Obligations

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

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.

Article 7 – User Content

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: report@spixes.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

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.

Article 8 – Intellectual Property Rights

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@spixes.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.

Article 9 – Personal Data

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@spixes.com.

Article 10 – Cookies

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

Article 11 – Hyperlinks and Third-Party Content

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.

Article 12 – Suspension and Termination

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

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.

Article 13 – Liability and Warranties

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 0 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

Article 14 – Force Majeure

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.

Article 15 – Modifications to the ToU

Spixes reserves the right to modify these ToU at any time.

Substantial modifications will be notified to Users by:

• Email
• Platform notification
• Update of the date at the top of the document

New ToU will enter into force 30 days after their notification.

Continued use of the Platform after this date constitutes acceptance of the new ToU.

If the User does not accept the modifications, they must cease using the Platform and delete their Account.

Article 16 – Applicable Law and Jurisdiction

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@spixes.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

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)

Article 17 – Miscellaneous Provisions

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.

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.

Article 18 – Contact

For any question regarding these ToU or the use of the Platform:

Spixes undertakes to respond within a reasonable time (generally within 7 business days).