Terms and Conditions

These Terms and Conditions govern the access, navigation, registration, use and, where applicable, contracting of services through the digital platform that MOVEMENTS makes available to users at www.movements.mov and its subdomains.

The Terms and Conditions constitute a legally binding agreement between the User and MOVEMENTS, regulating their rights and obligations in relation to the use of the Services.

You can contact MOVEMENTS in relation to these Terms and Conditions via email: contacto@movements.mov

• Service Commission: the commission retained by MOVEMENTS on payments processed through the Platform in favor of the Creator.
• Content: all information, material, text, image, video or any other element that Users publish on the Platform, including but not limited to comments, avatars, biographies or images.
• Creator: Registered User who initiates and manages a Movement on the Platform.
• Event: in-person or virtual gatherings organized through the Platform.
• LOPDGDD: Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
• LSSICE: Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
• MOVEMENTS: Movements Impact, S.L., a limited liability company incorporated under Spanish law, owner and provider of the Platform, responsible for its management, operation and offering of Services to Users.
• Movement: space led by a Creator to develop a cause, share own content and build a community, with the possibility of monetization through Subscriptions.
• Community Rules: code of conduct and content policies applicable to interaction on the Platform and within each Movement, which form an integral part of these Terms and Conditions by reference and are available on the Platform.
• Petition: initiative created by a Creator to gather support for a specific cause within a Movement.
• Platform: the Website, applications and any other service offered by MOVEMENTS.
• Promise: unilateral and revocable commitment by which a User expresses their intention to subscribe to a Movement, should the Creator decide to monetize it in the future.
• Publication: articles, analyses, news, videos or any other informative or opinion material disseminated within a Movement.
• Digital Services Regulation: Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016.
• Services: set of functionalities that MOVEMENTS offers to Users through the Platform.
• Subscription: periodic payment made by a User to access restricted content of a Movement.
• Subscriber: Registered User who joins a Movement through payment of a Subscription.
• Terms and Conditions: this contractual document that regulates access, navigation, registration, use and, where applicable, contracting of Services through the Platform, establishing the binding legal framework between MOVEMENTS and Users.
• User: any natural person over 18 years of age or legal entity that accesses and navigates the Platform, whether as a mere visitor, Subscriber or Creator.
• Website: www.movements.mov and any of the subdomains assigned to each of the Movements.

MOVEMENTS is a technological platform that acts as a meeting point for individuals and groups to promote initiatives and generate positive social impact. MOVEMENTS' function is limited to providing the necessary tools for Users to create and manage Movements around a cause. Within each Movement, Creators can generate and share different types of Content, such as:

1. Create and disseminate Petitions.
2. Create and disseminate Publications.
3. Organize and disseminate Events.
4. Activate other functionalities made available to Creators through the Platform at any time, whether temporarily or permanently.

MOVEMENTS acts at all times as a technological intermediary between Users, without assuming responsibility for decisions, opinions, content or agreements reached between them, without prejudice to the legal obligations that correspond to it in accordance with LSSICE, the Digital Services Regulation and other applicable regulations.

Access to and use of the Platform grants User status and implies full and unreserved acceptance of each and every provision included in these Terms and Conditions in the version published at the time the User accesses the Platform, as well as the Community Rules.

To use the Services, the User declares to be over 18 years of age and to have the necessary legal capacity to be bound by these Terms and Conditions.

The use of the Platform is also subject to the Community Rules, Privacy Policy, Cookie Policy and, where applicable, the Agreement with Movement Creators, which complement these Terms and Conditions.

Access to the Platform is free. However, certain functionalities or content may be subject to Subscription.

To enjoy the Services, the User must complete the registration process available through the Platform. User registration must be carried out in accordance with these Terms and Conditions and the instructions provided through the Platform. Registration can be done through our own form or through third-party accounts (such as Google, Facebook or Apple).

MOVEMENTS reserves the right to suspend or interrupt the registration process or provision of Services when there are indications of non-compliance with these Terms and Conditions, Community Rules or applicable regulations.

The User declares and guarantees that the information provided through the registration form, as well as that indicated at any subsequent time as a result of using the Platform, is accurate, complete, up-to-date and truthful. The User will be fully responsible for the consequences arising from providing false, incorrect or incomplete information, and releases MOVEMENTS from any third-party claims and damages and/or costs arising from such conduct, with MOVEMENTS reserving the right to claim from the User for damages and costs incurred.

Access to certain Platform Services may be subject to payment of a Subscription according to the rates in force at any time and which will be informed to the User in advance.

The User must choose a password and will be responsible for its diligent custody and confidentiality. Any action performed from the User's account will be presumed to have been performed by them until they notify MOVEMENTS of any loss, theft or unauthorized use, releasing MOVEMENTS from any damage and/or harm they may suffer as a result of acts or publications made through their account.

When the User contracts services offered directly by MOVEMENTS, it will issue the corresponding invoice, which may be issued electronically or on paper, as appropriate. Electronic invoicing will be mandatory in cases provided for by current regulations. In relationships with consumers, MOVEMENTS may issue electronic invoices only when the User with such status expressly requests it. In the case of Movement Subscriptions, the invoice will be issued by the Movement Creator.

The User agrees to respect the following rules and norms of conduct when using the Platform, all in accordance with applicable legislation, morality, public order, Community Rules and these Terms and Conditions:

1. Provide truthful information: provide accurate, complete and up-to-date data in the registration process and in all Content published, correcting or deleting any inaccurate or false information.
2. Maintain confidentiality of credentials: diligently safeguard password and other access data, being responsible for all activities performed from their account until they notify MOVEMENTS of any loss, theft or unauthorized use.
3. Use the Platform lawfully: refrain from using it for illicit, fraudulent, malicious purposes, that violate the Community Rules published on the Platform, or that harm the legally protected rights and interests of MOVEMENTS, other Users or third parties.
4. Publish only appropriate Content: avoid disseminating illegal, defamatory, false, misleading, violent, discriminatory, offensive, obscene Content or Content that infringes third-party rights.
5. Respect intellectual and industrial property rights: do not copy, modify, distribute, transform or reuse works of MOVEMENTS, other Users or third parties without the proper authorization of the rights holder.
6. Maintain respectful interaction: interact with other Users in a correct and cordial manner, refraining from harassing, threatening, defaming, discriminating or engaging in abusive conduct.
7. Use the Platform within the framework of offered Services: refrain from extracting, copying or collecting Platform data or content en masse through scraping, crawling, spiders or other automated means, for advertising, commercial purposes, sending unsolicited communications (spam) or any other unauthorized purpose, as well as manipulating the Platform without express authorization from MOVEMENTS.
8. Do not manipulate Platform operation: refrain from altering, damaging or overloading the system, introducing viruses, malware or harmful code, or performing practices that prevent normal Platform operation.
9. Respect information confidentiality: do not publish or disseminate third-party information without proper authorization, nor use other Users' data for purposes other than those of the Services.
10. Comply with data protection regulations: process personal data to which they may have access through the Platform in accordance with current regulations, the User being solely responsible for their use contrary to the Privacy Policy.
11. Hold MOVEMENTS harmless: respond to MOVEMENTS for any breach of these rules and hold it harmless from claims, damages, sanctions, liabilities and costs (including legal defense fees) arising from their conduct to the extent permitted by law.

MOVEMENTS does not assume a general obligation to supervise Content or User conduct on the Platform. However, when there are reasonable indications of non-compliance with these rules or Community Rules, or MOVEMENTS has actual knowledge, either through its own means or through valid third-party notifications, of the existence of unlawful use or use contrary to these Terms and Conditions, it may adopt the technical and organizational measures it deems necessary and proportionate to stop the non-compliance.

In compliance with current regulations, when MOVEMENTS restricts the visibility of Content or suspends an account, it will inform the affected User about the decision taken, the reasons for it and the available appeal channels through its internal complaint system. MOVEMENTS will issue a reasoned communication on a durable medium, with the reasons for the measure and appeal channels.

Movements are managed by their Creators, who assume full responsibility for the Content they publish and the communities they administer. MOVEMENTS acts solely as a technological intermediary, without intervening in the moderation of such spaces except when it has actual knowledge of unlawful use or use contrary to the Platform rules that may apply.

The specific conditions applicable to Creators in relation to the creation, management, monetization and administration of Movements (including those relating to Creator Content, Subscriptions, Promises and other associated aspects) are regulated in the Agreement with Creators.

The User states and guarantees that they are the owner, licensee, assignee or have the necessary authorization for the use, reproduction and public communication of intellectual or industrial property rights relating to any Content they publish through the Platform in the context of their participation (including, but not limited to, comments, profile photos, messages or any other ancillary contribution). In this regard, the User assumes exclusive responsibility for such contributions and will hold MOVEMENTS harmless from any third-party claims alleging infringement of their intellectual, industrial or any other property rights.

The User retains at all times full ownership of rights over the contributions they publish on the Platform. However, by publishing such contributions, the User grants MOVEMENTS, free of charge, worldwide, non-exclusive, transferable and sublicensable, a license to use, host, store, reproduce, distribute, publicly communicate, make available to the public, transform to the extent strictly necessary from a technical point of view and promote such contributions through the Platform and in associated services (including, but not limited to, mobile applications, newsletters, SEO, backups, technical support materials and internal marketing actions). The license is granted for the maximum duration of the rights according to applicable legislation and to the extent necessary for the proper operation and promotion of the Platform, without implying any transfer of ownership or authorizing MOVEMENTS to exploit the contributions autonomously outside the Platform without the User's express consent.

Likewise, the User authorizes MOVEMENTS to use, free of charge and non-exclusively, their distinctive signs (including, where applicable, name, avatar, logo or denominations associated with their contributions) for the purpose of promoting such contributions on the Website, Platform and other media, as well as to publicly communicate the relationship between the User and MOVEMENTS, to the extent necessary for the provision of Services.

All intellectual and industrial property rights over the Platform and its elements, including, but not limited to, software, source code, architecture, graphic design, navigation structure, interfaces, databases, texts, images, sounds, videos, as well as trademarks, trade names, logos and other distinctive signs, are the exclusive property of MOVEMENTS or, where applicable, its licensors, being protected by applicable national and international intellectual and industrial property regulations.

The User acknowledges that access to the Platform and use of Services does not in any case imply the transmission, waiver, license or total or partial assignment of such rights, except to the extent strictly necessary for normal use of the Platform as provided in these Terms and Conditions.

Any form of reproduction, distribution, public communication, transformation, making available, extraction, reuse or exploitation of the Platform and its protected elements is prohibited without prior express written authorization from MOVEMENTS.

Non-compliance with the provisions of this clause will entitle MOVEMENTS to exercise the corresponding legal actions in defense of its rights, as well as to demand compensation for damages and losses caused.

MOVEMENTS acts as an intermediation service provider in the terms provided in LSSICE and in the Digital Services Regulation. Consequently, MOVEMENTS is not party to the relationships established between Users or between Users and Creators, nor assumes any responsibility for Content or contributions published on the Platform.

MOVEMENTS does not assume a general obligation to supervise Content or User activities on the Platform. However, when it has actual knowledge, whether through valid notification, resolution of competent authority or other means, of the existence of Content or unlawful activities or activities contrary to these Terms and Conditions or Community Rules, it may remove or block such Content or suspend the offending User's account, in accordance with LSSICE, the Digital Services Regulation and other applicable regulations.

MOVEMENTS does not guarantee the availability, continuity or infallibility of Platform operation. To the extent permitted by law, any liability for damages and losses of any nature that may be due to lack of availability, continuity, security or proper operation of the Platform and Services is excluded.

MOVEMENTS will not be liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profits, income, data, clientele or reputation, arising from Users' use of the Platform.

In any case, and notwithstanding the foregoing, the total and cumulative liability that MOVEMENTS may assume towards a User for any concept arising from the use of the Platform, whether for contractual, non-contractual or any other liability, will be limited to the greater of the following amounts:

1. one hundred euros (€100), or
2. the total amount effectively paid by the User to MOVEMENTS in the six (6) months immediately prior to the event giving rise to the claim.

The above limit will not apply in cases where consumer regulations provide otherwise or when the damage derives from willful misconduct or gross negligence of MOVEMENTS, declared by final court decision.

Access and registration on the Platform are free for all Users. However, certain Services may be subject to payment of economic consideration, including but not limited to Movement Subscriptions. The cost of these Services will be clearly and accessibly informed to the User prior to contracting, indicating in each case the total price, including applicable taxes and expenses. In the case of Movement Subscriptions, the price will be set by the Creator, who will act as seller to the Subscriber. MOVEMENTS only intermediates in the technical management of payment and retains, where applicable, the Service Commission agreed with the Creator.

Payments will be made through the methods enabled on the Platform and managed by external payment service providers, in accordance with the terms and conditions applicable to such providers. MOVEMENTS will in no case store Users' financial data and will only retain the information necessary to identify the transaction and its status. The User agrees to provide valid, complete and up-to-date payment data, assuming the consequences of their inaccuracy or falsity.

By making a payment through the Platform, the User accepts that the transaction is processed by an external payment service provider and will be subject to the terms and conditions of said provider, which will be available for consultation at the time of the operation. MOVEMENTS will not be a selling party in Movement Subscriptions, limiting itself to acting as a technological intermediary, without prejudice to being a selling party in other own Services it offers directly.

Payment of the price of Subscription Services by the User will be made in advance of the subscribed period and will be a necessary condition for their activation. MOVEMENTS will confirm the contract by sending proof to the email address provided by the User, without prejudice to the issuance of the corresponding invoice in the terms provided in these Terms and Conditions.

Unless otherwise indicated at the time of contracting, Subscriptions will be automatically renewable for successive periods of equal duration to that initially contracted. The Subscriber may cancel renewal at any time from their account settings, having to do so before the expiration date of the current period to avoid the charge corresponding to the next period. MOVEMENTS will provide on the Platform the necessary technical mechanisms for the Subscriber to manage renewals and cancellations, the Creator being in any case responsible for compliance with legal and contractual obligations arising from their relationship with Subscribers.

Unless applicable regulations establish otherwise, amounts paid for Subscriptions or registrations for paid Events will not be refundable. In particular, refunds will not proceed in cases of partial or total non-use of the contracted Subscription or non-attendance at an Event. The foregoing is understood without prejudice to withdrawal rights that, where applicable, correspond to Users in accordance with current consumer and user protection regulations.

If the User has consumer status, they are informed that the right of withdrawal does not apply to Movement Subscriptions, as it is a digital service that is automatically activated at the time of purchase, with the User's express consent and acknowledgment of the loss of such right. The foregoing is understood without prejudice to residual cases in which consumer regulations expressly provide for the right of withdrawal.

MOVEMENTS is committed to protecting Users' privacy and treating their personal data in accordance with Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 (LOPDGDD) and other applicable regulations.

The processing of personal data that Users provide through the Platform will be governed by the Privacy Policy and Cookie Policy, available on the Platform itself, which form an integral part of these Terms and Conditions.

By registering or using the Services, the User declares to have read and accepted such policies.

Users are obliged to maintain strictly confidential all non-public information relating to MOVEMENTS' operation, monetization, economic conditions, commercial strategies, internal metrics or any other business aspect to which they may have access on the occasion of using the Platform.

Such information may not be used for purposes other than legitimate use of the Platform or communicated to third parties without MOVEMENTS' express written consent, except when legally required.

This confidentiality obligation will continue even after the User's cancellation or termination of their relationship with MOVEMENTS.

MOVEMENTS reserves the right to modify these Terms and Conditions at any time for justified reasons, such as adaptation to legislative or regulatory changes, incorporation of technical improvements to the Platform, or introduction of adjustments to the business model. Substantial modifications will be notified to the User through usual communication channels (including, but not limited to, email or notification on the Platform) with a minimum notice of fifteen (15) days before taking effect. If they do not agree with the new conditions, the registered User may terminate the contract at no cost by canceling their account before the application date. Continued use of the Platform after the modifications take effect will constitute acceptance thereof.

This agreement will remain in force while the User browses the Platform or the registered User keeps their account active on the Platform. The registered User may terminate it at any time, without need for justification, by canceling their account from their profile panel. MOVEMENTS may terminate the agreement immediately when the User commits a serious breach of these Terms and Conditions or when required by applicable regulations, with prior notice to the User when legally required.

The relationship between MOVEMENTS and the User, as well as the interpretation and execution of these Terms and Conditions, will be governed by Spanish law.

In the event that the User acts as a professional or company, the parties expressly agree to submit to the jurisdiction of the Courts and Tribunals of Madrid capital, waiving any other jurisdiction that may correspond to them.

In the event that the User has consumer status, they may file their claims before the Courts and Tribunals of their domicile, in accordance with the provisions of the Consolidated Text of the General Law for the Defense of Consumers and Users.

Likewise, Users with consumer status are informed that they can access the European Union's online dispute resolution platform through the following link: http://ec.europa.eu/consumers/odr