1.- IDENTIFICATION DATA OF THE HOLDER
- Identification: PEOOPLE UNLIMITED, SL, (hereinafter, “PEOOPLE”) - CIF: B-86783297. - Registered office: Avenida Menéndez Pelayo, 75D, 28007, Madrid.
2.- OBJECT
This document (hereinafter, the "Terms and Conditions") regulates the conditions of registration and use in the PEOOPLE App (hereinafter, the "App") by the user. Registration in the App and its use implies that the user expressly and unreservedly accepts these Terms and Conditions, which will have the same validity and effectiveness as any contract concluded in writing and signed. In addition, the user acknowledges having sufficient legal capacity to be contractually bound. If the user does not agree with these Terms and Conditions, it is suggested that they stop using the App. Any matter that has not been expressly provided for in these Terms and Conditions will be understood to be reserved to PEOOPLE, without prejudice of the application of the provisions of the current regulations. Likewise, PEOOPLE reserves the right to carry out modifications and/or updates in these Terms and Conditions, of which it will be informed in advance. ly to the user for acceptance or rejection in case of being substantial. In any case, it will be considered that the user expressly accepts said modifications or updates if the user continues to access and use the App.
3.- OPERATION OF THE APP
PEOOPLE is an App that allows the user to discover, search and save recommendations from both friends and influencers or content creators, as well as recommend their favorite products, services, travel experiences, beauty routines, gastronomic options, movies or books. , among many other things, based on your own experiences and interests. Through the App, the user can easily find personalized recommendations every day based on their preferences and location, so that they can access the most recommended every week, the best in each category, etc. In this sense, the App can process the user's geolocation data, with their consent, to be able to suggest the best recommendations near the place or area where they are, or so that the user can search for recommendations based on their location. . Likewise, the user will be able to save and organize in collections everything that he likes, so that any other user who comes to his profile can see everything that he is recommending. These collections can be public or private. Public collections can be visited by the user's followers and other users of the App, while private collections can only be seen by the user himself. Along with the written recommendations, the App offers users the possibility of consulting and sharing product and service recommendations through personalized audio, through the voice memo function. This option allows you to pause, delete or listen to the audio before publishing it, as well as delete it completely once published. In order to use this feature, the user must click on the microphone icon that appears within each of the collections, and select “Allow” when asked if they want to allow PEOOPLE to record audio. In addition, from the App itself, the user will be able to directly buy the products or services that are recommended, which can help them make better consumption decisions based on the opinions of people they trust. The App works in such a way that users are divided into four levels: Rookie, Influencer, Unicorn and Star. To jump from one level to the next, the user must complete a series of challenges that are indicated in their profile, in the section “ Level up”, and which consist of inviting a certain number of friends to the App, creating collections, giving likes, getting followers, etc. Upon reaching the Influencer level, the user can link their Instagram or Tiktok account to their PEOOPLE account. Upon reaching the Unicorn level, the user will be able to link their YouTube channel to their App profile, and add a biography to their profile so that their followers can get to know them better. If the user reaches the Star level, they will be able to get an exclusive PEOOPLE debit card to pay anywhere immediately with the money they have available in their Wallet. Finally, the user's activity in the App will allow them to generate income at all levels, although the possibility of monetizing will be activated from the Influencer level, as described in section 7 of these Terms and Conditions. Throughout the time the user uses the App, their activity will be analyzed by applying our algorithm based on Artificial Intelligence, which takes into account more than a thousand different variables to assess what type of user it is and how many real interactions and sales are produced as a result of that activity, among other issues. The application of this algorithm is inherent to the operation and characteristics of PEOOPLE, and is essential to fulfill the essential purposes of the App and so that we can continue to grow and offer the user personalized recommendations and promotions, as well as to determine, where appropriate , the level of income that may correspond to you, in accordance with the provisions of section 4 of these Terms and Conditions.
3.1.- REGISTRATION IN THE APP
Access to the App, the registration of a user profile and its download and use are completely free. To register and use the App, the user must be at least eighteen (18) years old and accept these Terms and Conditions and the Privacy Policy. PEOOPLE expressly reserves the right to require users to provide proof of this age and other information aimed at verifying their identity to prevent unauthorized users from registering on the App. The user can register immediately after downloading the App, simply by providing the data strictly necessary to create his profile, that is, the user, his name, email and entering a strong password. The password must have […]. PEOOPLE will not be responsible for the veracity of the personal data provided in the user registration process, so each user will be responsible for the possible consequences derived from the lack of veracity of those. In any case, the treatment of the personal data of the users will be carried out in accordance with the provisions of the Privacy Policy.
3.2.- REMOVE ACCOUNT
At any time, the user can request to be removed from the App, simply by following the steps to delete your account. The user must go to the 'Settings' section of the section dedicated to the user profile, click on the 'Help and support' option, and select the 'Delete account' option. Next, mark the reason why you have decided to unsubscribe from your PEOOPLE profile, and press the 'DELETE ACCOUNT' button. The last step, after asking if you are sure you want to permanently delete your account, will be to enter your username. The unsubscription process is irreversible and cannot be undone, and, if completed, the user will permanently delete and therefore lose: - All profile information, your public and private collections and all recommendations you have created. - All your received and given user activity: invited friends, likes, follows, followed, saved, notifications, comments, earnings not withdrawn from your Wallet, etc. - All analytical information associated with your user ID. The user can also request to unsubscribe by writing to hey@peoople.app indicating their username, email and the reason(s) for which they have decided to unsubscribe from the App. PEOOPLE reserves the right to request more information to the user to demonstrate their link with the required profile and prevent third parties unrelated to the profiles from requesting the deletion of user accounts. In any case, the user may request a new registration at any time, although PEOOPLE may not accept said registration in cases in which the user has contravened the provisions of these Terms and Conditions, the Privacy Policy. or has acted contrary to the law, morality or public order. Likewise, PEOOPLE may not accept such registration in the event of a conflict or dispute between the parties, which is yet to be resolved or which has ended with the acknowledgment of intent or fault of the user and/or to the detriment of PEOOPLE, its collaborators, other users , clients or potential clients.
4.- WALLET
The Wallet functionality of the App allows those users who have managed to reach the Influencer level the possibility of monetizing the activity they develop in the App. However, PEOOPLE allows content creators to generate income in each of the levels of the App. In the Rookie level, income can be generated thanks to the promotions that are active, but from the Influencer level, the monetization of content will also be unlocked. activity. This activity will be collected by our algorithm, based on Artificial Intelligence, which takes into account more than a thousand different variables to determine the income that corresponds to each user. Some of those variables are: - New real users who use the App thanks to a current user: it is about encouraging friends and followers of current users to join PEOOPLE and use the App. Our algorithm values the quality of the users that are obtained, from so that the more they use the App in the days after registration, the higher the income of the current user. - The real interactions in the recommendations: the user's followers can interact with their recommendations in different ways. All these interactions, as long as they are real and not incentivized, will allow the user to generate more income. - The sales that occur thanks to the user's recommendations. PEOOPLE allows content creators to monetize the sales generated from their recommendations. If your followers buy, listen, reserve, listen, download, subscribe, play, etc. your recommendations, the user will generate more income in his Wallet. - Activity received organically. This is one of the most important variables in the algorithm; Those users who are capable of generating activity organically and not incentivized will be rewarded. Our algorithm continually reviews both the amount determined in the temporary actions and the more than a thousand activity variables to determine the earnings that the user generates in each of the levels of the App. Unless otherwise indicated in any action temporary, the user will not necessarily receive income in the Wallet every day. If one day a user does not receive income from the monetization part of their activity, that does not mean that they have not generated anything that day, since each new income will include what was generated in the previous days since the last income. On average, the user will receive income thanks to their activity two to three days a week. Once the user accumulates the minimum amount required to withdraw their earnings from their Wallet, they will be able to transfer their money to their bank account. To do this, the first time money is withdrawn, the user will be asked for their IBAN (bank account) if they are in Europe, and their PayPal email if they are in other countries. From that moment on, these data will no longer be requested, and the user will be able to withdraw the money whenever they want as soon as they exceed the minimum withdrawal amount. In relation to the above, and as they are bank transfers, it is usual for the money to arrive in the user's bank account between two and three business days (Monday to Friday). If for some reason the transfer has not arrived after this time, the user can contact PEOOPLE, so that we can check if there has been any incident.
5.- MYSTERY BOX
The Mystery Boxes are boxes with surprise gifts that are available for 24 hours, and that can be opened by any user of the App, in order to check if they have won the prize that is hidden that day behind the Mystery Box. In the event that a user wins, PEOOPLE will contact them to inform them and to manage the delivery of the prize, and an exclusive badge will also appear in the user's profile for the next 24 hours.
6.- RULES OF USE
Access, registration or use of the App for illegal or unauthorized purposes, with or without economic purpose, is not allowed, so the user will be solely responsible for the actions derived from these. In particular, without limitation, it is prohibited: - use the App in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in third party devices; - use the App for the transmission, installation or publication of any virus, Trojan horse, worm, logic bomb, malicious code or other harmful programs or files; - use the App in fraud of the rights of PEOOPLE or third parties; - use the App for the purpose of transmitting any defamatory, offensive, racist, denigrating, or threatening material or that may harm or merely affect any person; - use the App to illicitly process the personal data of other users; - gain unauthorized access to any section of the App, other systems, networks connected to it or to any PEOOPLE server through the use of hacking or forgery techniques, password mining or any other illegitimate means; - Cause, directly or indirectly, a disproportionate or unnecessary saturation in the infrastructure, systems or networks of the App or PEOOPLE. - ultimately use the App illegally, against good faith, morality and/or public order; Failure to comply with any of the foregoing obligations by the user may lead to the adoption by PEOOPLE of the appropriate measures protected by law, and may lead to the elimination or blocking of the offending user's account, without the possibility of any compensation for damages. and damages caused.
7.- SUSPENSION OR CANCELLATION OF THE WALLET OR THE PEOOPLE USER PROFILE
PEOOPLE may suspend, modify, restrict or interrupt access to their App user profile at any time, with or without prior notice, to those who contravene these Terms and Conditions, without the possibility of demanding any compensation. In particular, if PEOOPLE detects strange behavior in a certain account, or has reason to believe that a user has tried to create several accounts in order to level up, generating interactions from other profiles that are not real or, for example, doing spamming other profiles to generate more income in their own Wallet, will send an e-mail to the user in question, notifying them of this circumstance. In case of receiving this e-mail, the user must cease the behavior they are carrying out, since it goes against the terms of use of the App. Otherwise, PEOOPLE reserves the right to cancel the user's Wallet and, eventually, , your App user profile.
8.- INFRASTRUCTURE, DEVICES AND SYSTEMS
In order to use the App, the user must have an Internet connection and a device with a compatible browser. PEOOPLE will not be responsible for the expenses derived from said connection, including those expenses arising from data traffic, regardless of the place where the user makes use of the App. The current version of the App is 84.8 MB in size, requires iOS 9.0 or later, and is compatible with iPhone, iPad, and iPod touch. PEOOPLE may stop supporting any of the browsers at any time and therefore, when a browser is no longer supported, PEOOPLE will stop dealing with user issues associated with it. Finally, a connection speed of at least […] is necessary to have a good user experience. In any case, PEOOPLE will not be responsible for overloading the Internet or for failures due to problems related to users' equipment or networks.
9.- PROTECTION OF PERSONAL DATA
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of this data and repealing Directive 95/46/EC and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, all personal data processed during use of the App will be treated in accordance with the provisions of the Privacy Policy.
10.- INTELLECTUAL, INDUSTRIAL PROPERTY AND IMAGE RIGHTS
PEOOPLE is the owner or, as the case may be, has the corresponding licenses on the intellectual, industrial, image property rights or any other similar rights on the App, as well as all the contents offered in it, including but not limited to , but not limited to, photographs, illustrations, logos, trademarks, graphics, designs, interfaces or any other information or content included therein. Only the user has a non-exclusive right of use, with the sole purpose of being able to use the App. On the other hand, the user, by using, publishing or voluntarily including content in the App, grants PEOOPLE a non-exclusive license, for the maximum period permitted by the applicable legislation and worldwide, the rights of reproduction, distribution, public communication (including making available) and/or transformation, (including, where appropriate, image rights) of said content, by any means and in any form, with the sole purpose of being able to disseminate comments, user initiatives or, where appropriate, complete your profile.
11.- LINKS
The App shows links to various platforms or web pages through different buttons, links, banners, etc. In this sense, PEOOPLE informs users that these links are directly managed by third parties, so that PEOOPLE cannot control or approve all the information contained in other platforms to which links can be established from the App. Consequently, PEOOPLE will not assume any responsibility for any aspect related to any of these platforms or web pages. These links correspond in most cases to third parties with whom PEOOPLE maintains some type of relationship or collaboration. That said, if the user becomes aware that the activities carried out through these web pages or platforms are illegal or contravene morality or public order, they must immediately notify PEOOPLE so that it can analyze this circumstance and, where appropriate, proceed to disable the link in the App and take the rest of the appropriate measures.
12.- RESPONSIBILITY OF THE USER
The user undertakes to respect these Terms and Conditions and expressly states that they will use the App diligently and assuming any responsibility that may arise from the breach of these Terms and Conditions. The use of the App for illegal or unauthorized purposes, with or without economic, commercial or advertising purposes, without the prior and express authorization of PEOOPLE, is prohibited. The user will be responsible for any communication of content, personal data, opinions and suggestions that they provide to PEOOPLE by any means. Therefore, the user will hold PEOOPLE harmless from third parties in the event of a possible infringement of rights derived from this communication that could affect its accuracy, legality, originality or any other circumstance to the detriment of PEOOPLE. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, they must immediately notify PEOOPLE in order to adopt the appropriate measures. If the user carries out any action that may be considered illicit, illegal, contrary to the law or that could imply the violation of the rights of third parties, he will do so at his own risk, keeping PEOOPLE harmless for his actions.
13.- RESPONSIBILITY OF PEOOPLE
PEOOPLE undertakes that the content, data or information relating to the App and the products and services offered therein are reliable, truthful and accurate. However, it will not be held responsible for any information or content that has been entered, displayed or modified by third parties other than PEOOPLE. Thus, PEOOPLE is exempt from any liability arising from damages that may be due to the information and/or services provided or supplied by third parties. Likewise, PEOOPLE declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the correct functioning of the App and minimize the technical errors that may occur when using it. However, PEOOPLE will not be liable in the event of the unavailability of the App or the impossibility of using it when this is due to circumstances beyond PEOOPLE's control, force majeure or error in the user's registration process due to providing inaccurate information. However, in such cases, PEOOPLE will contact the user in order to find the best solution. PEOOPLE will use all commercial and technical efforts within its reach to keep all the functionalities of the App available, which constitutes an obligation that, however, will not apply to any lack of availability or performance caused by: - Temporary inactivity of the App due to an update and/or technical maintenance, which will be reported as far in advance as possible; Y - Causes beyond the control of PEOOPLE: force majeure, Internet access problems, technological problems beyond the reasonable and diligent management of the owner of the App, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and reasonable expectation of PEOOPLE, the user will not be compensated for any damages that may arise. - Consequently, PEOOPLE does not guarantee nor is it responsible for: - the continuity of the contents included in the App; - the absence of errors in said contents; - the absence of viruses, Trojans, worms, logic bombs and/or other malicious or technologically harmful components in the App or in the server that supplies it; - the invulnerability of the App and/or the impossibility of violating the security measures adopted in it; - the lack of usefulness or performance of the contents of the App; - Failures of the App caused by any type of attack on its servers or those of third-party service providers of PEOOPLE, as well as technical or security failures of the system of any of said providers that prevent the App from functioning; - The damages caused, to themselves or to a third party, by any person who violates the conditions, rules and instructions that PEOOPLE establishes in the App or through the violation of the security systems.
14.- USER SERVICE AND COMMUNICATION
The user has at his disposal the user service through which PEOOPLE will attend to his queries, complaints and suggestions made through the following contact e-mail: hey@peoople.app. PEOOPLE will respond to claims or inquiries as soon as possible and, in any case, within a maximum period of one (1) month. All communications between PEOOPLE and the user regarding these Terms and Conditions or the use of the App will be made in writing through the communication channels offered in the same and, failing that, through the email provided by each one. of the parts; this is, in the case of the user, the one with which they have registered in the App and, in the case of PEOOPLE, the address hey@peoople.app.
15.- MISCELLANEOUS
These Terms and Conditions, as well as all the rights and obligations derived from them, may not be assigned by any of the parties without the prior, express and written consent of the other party. These Terms and Conditions constitute the entire agreement between the parties, replacing any other agreements or previous agreements between them that may be incompatible with them. The parties expressly declare that they act with total independence from each other, legal and economic, for the execution of their own businesses and activities. Nothing agreed in these Terms and Conditions can constitute a labor relationship, agency, joint venture, etc. Each party declares to assume the responsibility that falls within the scope of their respective activities, procedures, commitments and obligations and to act with complete freedom of judgment and conscience in making and exercising decisions, schedule and respective functions. In the event that any of the clauses of these Terms and Conditions is declared null or void, totally or partially, said nullity will not affect the validity of the rest of the Terms and Conditions, said provisions remaining in force without being affected. for said declaration of nullity. The non-exercise or execution by any of the parties of any right or provision contained in these Terms and Conditions will not constitute a waiver of the same, unless acknowledgment and agreement in writing by you .
16.- DISPUTE RESOLUTION
For any litigious issue related to the App and, provided that the legislation so allows, the Spanish legislation in force at the time of the litigation will apply, and they will be competent to resolve all conflicts arising or related to the use of the App the Courts and Tribunals of Madrid. Likewise, and to the extent that the considerations related to consumers and users are applicable in the relationship between PEOOPLE and the user, the latter may go to the 'Dispute Resolution Platform of the Commission' to try to resolve out of court any dispute that arises. derives from the provision of services by PEOOPLE, in accordance with the provisions of Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online disputes in matters of consumption. Through the following link, the user can send their claim to a litigation body authorized by the Commission: http://ec.europa.eu/consumers/odr/ In any case, to present claims in relation to any question related to the use of the App, the user can write to the following address: hey@peoople.app, in which case we promise to seek an amicable solution by conflict. Last update August 2020.