Terms and Conditions

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

These Terms and Conditions constitute a legally binding agreement between the User and MOVEMENTS, governing their rights and obligations regarding the use of the Services.

You may contact MOVEMENTS regarding these Terms and Conditions via email: contacto@movements.mov

• Service Fee: the fee retained by MOVEMENTS on payments processed through the Platform in favor of the Creator.
• Content: all information, material, text, images, videos, or any other elements that Users publish on the Platform, including, but not limited to, comments, avatars, biographies, or images.
• Creator: A 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 the Guarantee of Digital Rights.
• LSSICE: Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
• Membership: the status whereby a User joins a Movement within the Platform, acquires Member status, and can access certain Content available within that Movement in accordance with the settings established by the Creator, excluding content subject to Paid Membership.
• Paid Membership: a status that, when enabled by the Creator of a Movement, allows a Member to acquire, upon payment of the corresponding fee, the status of Paying Member to support the Movement and, where applicable, access certain Content and benefits within it in accordance with the settings established by the Creator.
• Member: A User who has joined an active Movement on the Platform, becoming part of its community, and who can access the Content available in said Movement in accordance with the settings established by the Creator, excluding those subject to Paid Membership.
• Paying Member: A Member of a Movement who has purchased a Paid Membership on the Platform.
• 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 the provision of Services to Users.
• Movement: A space led by a Creator to advance a cause, share original content, and build a community, with the potential for monetization through Paid Memberships.
• Community Guidelines: 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: an 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.
• Pledge: a unilateral and revocable commitment by which a User expresses their intention to subscribe to a Movement, in the event that the Creator decides to monetize it in the future.
• Publication: articles, analyses, news, videos, or any other informational or opinion-based material disseminated within a Movement.
• Digital Services Act: Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on a Single Market for Digital Services.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
• Services: set of features that MOVEMENTS offers to Users through the Platform.
• Subscription: A Service offered by MOVEMENTS whereby a User, upon payment of the corresponding fee, becomes a Subscriber and gains access to all Content available on MOVEMENTS under Membership, excluding that which is subject to Paid Membership.
• Subscriber: A User who has purchased and maintains an active Subscription on the Platform.
• Terms and Conditions: this contractual document governing access, browsing, registration, use, and, where applicable, the contracting of Services through the Platform, establishing the binding legal framework between MOVEMENTS and Users.
• TRLGDCU: Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.
• User: any natural person over the age of 18 or legal entity who accesses and browses the Platform, whether as a mere visitor, Member, Paying Member, Subscriber, or Creator.
• Website: www.movements.mov and any of the subdomains assigned to each of the Movements.

MOVEMENTS is a technology platform that serves as a meeting point for individuals and groups to promote initiatives and generate positive social impact. MOVEMENTS provides 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 share Petitions.
2. Create and share Posts.
3. Create and share Events.
4. Activate other features made available to Creators through the Platform at any given time, whether on a temporary or permanent basis.

Access to certain Content published within Movements may be subject to specific conditions established by the Creator or by the Platform's settings, such as Membership or Paid Membership in the Movement, or a Subscription to MOVEMENTS. Consequently, not all Content available within a Movement will necessarily be accessible to all Platform Users at all times.

MOVEMENTS generally acts as a technological intermediary between Users, without assuming responsibility for the decisions, opinions, content, or agreements reached between them, without prejudice to its legal obligations under the LSSICE, the Digital Services Regulation, and other applicable regulations.

Likewise, through the Subscription, MOVEMENTS will grant Subscribers access to certain Content from the Movements published on the Platform, excluding those subject to Paid Membership. This Service constitutes a provision offered directly by MOVEMENTS to Subscribers, under the terms and conditions indicated at any given time on the Platform.

Access to and use of the Platform confers the status of User 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 Guidelines.

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

Use of the Platform is also subject to the Community Guidelines, the Privacy Policy, the Cookie Policy, and, where applicable, the Agreement with Movement Creators, which supplement these Terms and Conditions.

Access to the Platform is free of charge. However, certain features or content may be subject to the User's prior registration on the Platform, to Member or Subscriber status, or, where applicable, to a Paid Membership.

To use the Services, the User must complete the registration process available through the Platform. Registration as a User must be carried out in accordance with these Terms and Conditions and any instructions provided through the Platform. Registration may be completed using the Platform's own form or through third-party accounts (such as Google, Facebook, or Apple).

MOVEMENTS reserves the right to suspend or terminate the registration process or the provision of the Services if there are indications of a breach of these Terms and Conditions, the Community Guidelines, or applicable regulations.

The User represents and warrants that the information provided via the registration form, as well as any information provided at any subsequent time as a result of using the Platform, is accurate, complete, up-to-date, and truthful. The User shall be fully liable for any consequences arising from the provision of false, incorrect, or incomplete information, and hereby releases MOVEMENTS from any third-party claims and from any damages and/or costs arising from such conduct, with MOVEMENTS reserving the right to seek reimbursement from the User for any damages and costs incurred.

Access to certain Platform Services may be subject to the payment of a Paid Membership or Subscription in accordance with the rates in effect at any given time, which will be communicated to the User in advance.

The User must choose a password and shall be responsible for its diligent safekeeping and confidentiality. Any action taken from the User's account shall be presumed to have been performed by the User until the User notifies MOVEMENTS of any loss, theft, or unauthorized use, thereby exempting MOVEMENTS from any damage and/or harm it may suffer as a result of acts or posts made through the User's account.

When the User contracts services offered directly by MOVEMENTS, such as the Subscription, MOVEMENTS will issue the corresponding invoice, which may be issued in electronic or paper format, as appropriate. Electronic invoicing will be mandatory in the cases provided for by current regulations. In dealings with consumers, MOVEMENTS may issue an electronic invoice only when the User, as a consumer, expressly requests it. In the case of Paid Memberships, the invoice will be issued by the Movement Creator.

The User agrees to comply with the following rules and standards of conduct when using the Platform, all in accordance with applicable law, morality, public order, the Community Guidelines, and these Terms and Conditions:

1. Provide accurate information: provide accurate, complete, and up-to-date information during the registration process and in all Content you publish, correcting or deleting any information that is inaccurate or false.
2. Maintain the confidentiality of your credentials: diligently safeguard your password and other login information, and remain responsible for all activities carried out from your account until you notify MOVEMENTS of any loss, theft, or unauthorized use.
3. Use the Platform lawfully: refrain from using it for illegal, fraudulent, or malicious purposes, or in any way that violates the Community Guidelines published on the Platform, or that infringes upon the legally protected rights of MOVEMENTS, other Users, or third parties.
4. Post only appropriate Content: avoid disseminating Content that is illegal, defamatory, false, misleading, violent, discriminatory, offensive, obscene, or that infringes on the rights of third parties.
5. Respect intellectual and industrial property rights: do not copy, modify, distribute, transform, or reuse works belonging to MOVEMENTS, other Users, or third parties without the proper authorization of the rights holder.
6. Maintain respectful interaction: interact with other Users in a proper and cordial manner, refraining from harassing, threatening, defaming, discriminating against, or engaging in abusive conduct.
7. Use the Platform within the scope of the Services offered: Refrain from extracting, copying, or mass-collecting data or content from the Platform using scraping, crawling, spiders, or other automated means for advertising, commercial, or unsolicited communication (spam) purposes, or any other unauthorized purpose, as well as from manipulating the Platform without MOVEMENTS' express authorization.
8. Do not interfere with the Platform's operation: refrain from altering, damaging, or overloading the system; introducing viruses, malware, or harmful code; or engaging in practices that prevent the Platform from functioning normally.
9. Respect the confidentiality of information: 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 any personal data to which you may have access through the Platform in accordance with applicable laws, with the User being solely responsible for any use that violates the provisions of the Privacy Policy.
11. Hold MOVEMENTS harmless: indemnify MOVEMENTS for any breach of these rules and hold it harmless from any claims, damages, penalties, liabilities, and costs (including legal defense fees) arising from your conduct to the extent permitted by law.

MOVEMENTS does not assume a general obligation to monitor the Content or the conduct of Users on the Platform. However, where there are reasonable grounds to suspect a breach of these rules or the Community Guidelines, or where MOVEMENTS becomes aware, either through its own means or via valid notifications from third parties, of the existence of unlawful use or conduct contrary to these Terms and Conditions, it may take the technical and organizational measures it deems necessary and proportionate to stop the breach.

In compliance with applicable regulations, when MOVEMENTS restricts the visibility of Content or suspends an account, it will inform the affected User of the decision made, the reasons for it, and the available avenues of appeal through its internal complaint system. MOVEMENTS will issue a reasoned notice in a durable medium, stating the grounds for the measure and the avenues of appeal.

A User affected by a moderation decision shall have the right to challenge it through MOVEMENTS' Internal Complaints System. This system is free, accessible, and will allow complaints to be filed for a period of at least six (6) months from the date of notification of the decision. MOVEMENTS will review the complaint diligently, objectively, and under qualified human supervision, and will notify the User of its decision with a statement of reasons.

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 applicable Platform rules.

The specific terms applicable to Creators regarding the creation, management, monetization, and administration of Movements (including those relating to Creator Content, Paid Memberships, Pledges, and other associated aspects) are governed by the Creator Agreement.

Users may purchase a Subscription through the Platform under the terms indicated at each stage of the purchase process.

The Subscription is contracted directly between the User and MOVEMENTS, which acts as the provider of the corresponding digital access service.

The financial terms, payment frequency, duration, automatic renewal, cancellation, and other conditions applicable to the Subscription will be indicated prior to its purchase on the Platform.

The Subscription grants access to a dynamic set of Content available on the Platform. Consequently, the Content accessible through the Subscription may vary over time depending on the decisions of the Movement Creators, the availability of such Content on the Platform, or the evolution of the services offered by MOVEMENTS.

MOVEMENTS reserves the right to modify or update the features associated with the Subscription for justified reasons, such as service improvements, adaptation to technical changes, or the introduction of new features. When such modifications constitute a substantial alteration that negatively affects the service contracted by the consumer Subscriber, MOVEMENTS will notify the Subscriber with reasonable advance notice and, where applicable, allow the Subscriber to terminate the contract in accordance with applicable regulations.

The User represents and warrants that they are the owner, licensee, assignee, or have the necessary authorization for the use, reproduction, and public communication of the intellectual or industrial property rights relating to any Content they publish through the Platform as part of their participation (including, but not limited to, comments, profile photos, messages, or any other ancillary contributions). In this regard, the User assumes sole responsibility for such contributions and shall hold MOVEMENTS harmless from any claims by third parties alleging infringement of their intellectual property, industrial property, or any other rights.

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

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

All intellectual and industrial property rights regarding the Platform and its elements, including, but not limited to, the 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, and are protected by applicable national and international intellectual and industrial property laws.

The User acknowledges that access to the Platform and use of the Services does not imply, under any circumstances, the transfer, waiver, license, or total or partial assignment of such rights, except to the extent strictly necessary for the normal use of the Platform in accordance with the provisions of these Terms and Conditions.

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

Any breach of the provisions of this clause shall entitle MOVEMENTS to take appropriate legal action to defend its rights, as well as to claim compensation for any damages caused.

MOVEMENTS generally acts as an intermediary service provider under the terms set forth in the LSSICE and the Digital Services Regulation. Consequently, MOVEMENTS is not a party to the relationships established between Users or between Users and Creators, nor does it assume any liability for the Content or contributions published on the Platform.

Any person or entity may notify MOVEMENTS of the existence of Content that they consider unlawful or contrary to these Terms and Conditions through the electronic notification mechanisms permanently accessible on the Platform. For the notification to be valid, the notifier must provide, in good faith, an explanation of the reasons why they consider the Content to be unlawful, a clear indication of the exact electronic location of said Content, their name, and a contact email address, as well as a statement that the information and allegations contained in the notification are accurate and complete.

MOVEMENTS does not assume a general obligation to monitor Content or User activities on the Platform. However, when it becomes aware, whether through a valid notification, a decision by a competent authority, or by other means, of the existence of Content or activities that are unlawful or contrary to these Terms and Conditions or the Community Guidelines, it may remove or block such Content or suspend the account of the offending User, in accordance with the LSSICE, the Digital Services Regulation, and other applicable regulations.

MOVEMENTS does not guarantee the availability, continuity, or infallibility of the Platform's operation. To the extent permitted by law, MOVEMENTS disclaims any liability for damages of any kind that may arise from the lack of availability, continuity, security, or proper functioning of the Platform and the Services.

MOVEMENTS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for any loss of profits, revenue, data, customers, or reputation, arising from Users' use of the Platform.

In any event, and without prejudice to the foregoing, the total and aggregate liability that MOVEMENTS may assume toward a User for any claim arising from the use of the Platform, whether based on contractual, tort, or any other liability, shall be limited to the greater of the following amounts:

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

The foregoing limit shall not apply in cases where consumer regulations provide otherwise, nor when the damage results from willful misconduct or gross negligence on the part of MOVEMENTS, as established by a final court ruling.

Access to and registration on the Platform are free for all Users. However, certain Services may be subject to payment, including, but not limited to, Paid Membership or a Subscription to MOVEMENTS. The cost of these Services will be clearly and accessibly communicated to the User prior to contracting, indicating in each case the total price, including applicable taxes and fees. In the case of Paid Memberships, the price will be set by the Creator, who will act as the seller vis-à-vis the Paying Member. MOVEMENTS acts solely as an intermediary in the technical management of the payment and retains, where applicable, the Service Fee agreed upon 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 not store Users' financial data under any circumstances and will retain only the information necessary to identify the transaction and its status. The User agrees to provide valid, complete, and up-to-date payment information, assuming responsibility for any inaccuracies or falsehoods therein.

When making a payment through the Platform, the User agrees that the transaction will be processed by an external payment service provider and will be subject to that provider's terms and conditions, which will be available for review at the time of the transaction. MOVEMENTS will not act as the seller in Paid Memberships, but rather as a technological intermediary, without prejudice to its ability to act as the seller in other proprietary Services it offers directly.

Payment of the price for Paid Membership and Subscription Services by the User shall be made in advance of the subscription period and shall be a necessary condition for their activation. MOVEMENTS will confirm the subscription by sending a receipt to the email address provided by the User, without prejudice to the issuance of the corresponding invoice under the terms set forth in these Terms and Conditions.

Unless otherwise indicated at the time of subscription, Paid Memberships and Subscriptions will be automatically renewable for successive periods of the same duration as the one initially contracted. The Paying Member or Subscriber may cancel the renewal through their account settings, and must do so before the expiration date of the renewal period indicated to avoid being charged for the following period. MOVEMENTS will provide the necessary technical mechanisms on the Platform so that the Paying Member or Subscriber can manage renewals and cancellations; in the case of Paid Memberships, the Creator is responsible for complying with the legal and contractual obligations arising from their relationship with Paying Members.

Unless otherwise provided by applicable regulations, amounts paid for Subscriptions, Paid Memberships, or registrations for paid Events are non-refundable. In particular, no refund will be issued in cases of partial or total non-use of the Subscription or Paid Membership, or non-attendance at an Event. The foregoing is without prejudice to any right of withdrawal that may apply to Users under current consumer and user protection regulations.

If the User qualifies as a consumer, they are hereby informed that the right of withdrawal does not apply to Paid Memberships and Subscriptions when, in accordance with applicable regulations, they are considered a digital service that is automatically activated at the time of purchase, with the User's express consent and acknowledgment of the loss of said right. The foregoing is without prejudice to residual cases in which consumer regulations expressly provide for the right of withdrawal.

MOVEMENTS is committed to protecting Users' privacy and processing 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 provided by Users through the Platform shall be governed by the Privacy Policy and the 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 that they have read and accepted these policies.

Users agree to keep strictly confidential all non-public information regarding the operation, monetization, financial conditions, business strategies, internal metrics, or any other aspect of MOVEMENTS' business to which they may have access through their use of the Platform.

Such information may not be used for purposes other than the legitimate use of the Platform nor disclosed to third parties without the express written consent of MOVEMENTS, except where legally required.

This confidentiality obligation shall survive even after the User's account is deactivated or their relationship with MOVEMENTS is terminated.

MOVEMENTS reserves the right to modify these Terms and Conditions at any time for justified reasons, such as adapting to legislative or regulatory changes, incorporating technical improvements to the Platform, or making adjustments to the business model. Substantial modifications will be notified to the User through the usual communication channels (including, but not limited to, email or notification on the Platform) at least fifteen (15) days prior to their effective date. If the registered User does not agree with the new terms, they may terminate the contract at no cost by canceling their account before the effective date. Continued use of the Platform after the amendments take effect shall constitute acceptance of such amendments.

This agreement shall remain in effect as long as the User browses the Platform or the Registered User maintains an active account on the Platform. The Registered User may terminate this agreement at any time, without justification, by canceling their account from their profile dashboard. MOVEMENTS may terminate this agreement immediately if the User commits a material breach of these Terms and Conditions or if required by applicable law, upon prior notice to the User where legally required.

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

If the User acts as a professional or a business, the parties expressly agree to submit to the jurisdiction of the Courts and Tribunals of Madrid, waiving any other jurisdiction that may apply to them.

If the User is a consumer, they may file their claims with the Courts and Tribunals of their place of residence, in accordance with the provisions of the Consolidated Text of the General Law for the Protection of Consumers and Users.

Likewise, Users acting as consumers are informed that they may access the European Union's online dispute resolution platform via the following link: http://ec.europa.eu/consumers/odr