Terms & Conditions.

Please read carefully the following terms and conditions governing the terms and conditions of contract between customers and the company THE WAKE UP MOVEMENT, S.L. (hereinafter referred to as “Dcycle”). Companies that allow their representatives (such as employees) to use the Service, agree to follow these Terms and Conditions and be responsible for compliance with them by their designated users when inviting them to use the Service.

1. Identification and access

These Terms and Conditions regulate the access and use of the Software owned by THE WAKE UP MOVEMENT, S.L., with CIF B88511373, and domiciled in Calle García de Paredes, 78, 1º-4º, 28010, Madrid (28036), Madrid, Spain (hereinafter the "DCYCLE").

Users of the program (hereinafter, "Users") may contact DCYCLE by sending an e-mail to the following address: hello@dcycle.io.

2. Purpose

This software has been developed by DCYCLE with the purpose of offering Users a tool for measuring and auditing their companies in environmental matters, providing detailed information on their status and applicable measures to improve results (hereinafter, the "Software").

DCYCLE grants the User a non-exclusive license to use the Software, which shall be governed by the provisions of these Terms and Conditions.

3. Operation and maintenance

Access to and navigation through the Software will require registration and registration of Users through the website: www.dcycle.io (hereinafter "Website").

DCYCLE declares that the Software is designed for professional use in the analysis and audit of companies with respect to their carbon footprint data; consequently, its use in the personal sphere is neither authorized nor recommended. DCYCLE shall not be liable for any damages suffered by a User who, contrary to these Terms and Conditions, has used the Software for personal use.

DCYCLE will provide technical maintenance service (preventive and corrective) of the licensed Software, by telematic means, during office hours from Monday to Friday, excluding holidays.

DCYCLE may perform maintenance and update functions of the Software, with a minimum notice of 48 hours. In such actions the Software may cease to be operational until such work is completed.

4. User accounts.

The Software offers Users the possibility of creating an account through an online form that must be completed with the data required therein.

The Users will have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the user name and/or passwords that allow access to their account, and undertake not to transfer their use to third parties, whether temporary or permanent, or to allow access to third parties.

By virtue of the foregoing, Users must immediately notify DCYCLE via email hello@dcycle.io any misuse of your username and/or password, due to circumstances such as theft, loss or unauthorized access to them, so that DCYCLE can proceed to its cancellation or blocking and/or disabling as soon as it is aware of the misuse of your User Account. As long as such facts are not communicated, DCYCLE shall be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorized third parties.

5. Conduct of the Users

The Users undertake to make a lawful, diligent, honest and correct use of any information or content they have access to through the Software, and all this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.

In particular, but without limitation, Users shall not:

Register or communicate data that is not true, accurate, complete and/or updated, nor access the Software using the name, identifying data or password of another user or impersonate any person or identity.

Maliciously or intentionally cause damage or harm that may impair or alter the Software, or introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Software. The User shall not scan or test the vulnerability of any DCYCLE system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by DCYCLE to provide services through the Software.

Use the Software for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.

DCYCLE reserves the right to deny any attempt to access the Software, terminate accounts, delete or modify content, or cancel the provision of services in cases of misuse of the Software.

DCYCLE reserves the right to deny any attempt to access the Software, terminate accounts, delete or modify content, or cancel the provision of services in cases of misuse of the Software.

6. Prices and payment

All prices are indicated on the Website and are expressed in Euros and include VAT and any other taxes that may apply.
The User may pay the amount corresponding to his license through the means of payment accepted on the Website.

Within twenty-four (24) hours, DCYCLE will send an email to the User, confirming the details of the purchase made. This email will detail the order, the personal data communicated and the order number to ensure that the purchase has been made correctly.

The User is guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The User must notify DCYCLE of any undue or fraudulent charge on the card used for purchases, by sending an email to hello@dcycle.io , in the shortest possible time so that DCYCLE can make the appropriate arrangements.

7. Intellectual Property

DCYCLE grants the User a non-exclusive license to use the Software.

The granting of this limited license of use does not constitute an assignment or, in any other form, a transfer of intellectual or industrial property rights in favor of the User, who will only have a right of use with the limitations contained in these Terms and Conditions.

All rights to the content, design and source code of this Software and, in particular, including but not limited to, all rights to photographs, images, text, logos, designs, trademarks, trade names, data included in the Software and any other intellectual and industrial property rights are owned by DCYCLE, or third parties who have expressly authorized DCYCLE for the use thereof in its Software.

Therefore, and pursuant to the provisions of Royal Legislative Decree 1 / 1996 of 12 April, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the existing legal provisions on the subject, as well as Law 17/2001 of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Software, in any support and by any technical means, unless expressly authorized in writing by DCYCLE.

The designs, logos, text and / or graphics outside DCYCLE and that may appear in the Software belong to their respective owners, being themselves responsible for any dispute that may arise in respect thereof.

8. Exclusion of liability

DCYCLE does not grant any warranty and is not responsible, in any case, for damages of any nature that may arise from access to or use of the contents of the Software. Among others, and by way of example and not limitation, DCYCLE is not responsible for the following circumstances:

DCYCLE shall not be liable to any third party for the content or accuracy of any content submitted. DCYCLE has the right to remove any content submitted through the Platform at its sole discretion.

DCYCLE shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.

9. Data protection

DCYCLE undertakes to comply adequately with all legal provisions contained in the Data Protection regulations, both European, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), and Spanish regulations.

The personal data provided by the User will be the responsibility of DCYCLE. The purpose of the collection and processing of the same is carried out for the fulfillment of the obligations arising from the provision of contracted services.  

The data will be kept for the time necessary to fulfill the purpose for which they were collected and to determine the possible responsibilities that may arise from that purpose and the processing of data, according to the above regulations.  In compliance with current regulations, DYCLE guarantees that it has adopted the technical, legal and organizational measures necessary to maintain the level of security required in view of the nature and confidentiality of the personal data processed.

The User may exercise their rights (access, rectification, opposition, deletion, limitation, portability and not be subject to automated individual decisions) by email to hello@dcycle.io or by post to the address indicated in the company's information. Documentation may be required to prove the identity of the applicant (copy of the front of the National Identity Card, or equivalent). The maximum response period shall be (30) THIRTY days from receipt, and may be extended for a maximum of (2) TWO months whenever necessary.

For more information you can consult the privacy policy through the following link.

10. Causes for termination and modifications

The User may terminate this agreement at any time.

In the event that the User breaches any of the obligations contained in these Terms and Conditions, DCYCLE may terminate without notice the use of the license and access to the Software.

The termination of the User's access to the Software shall not prevent DCYCLE from keeping a copy of the information contained in the database. This process will be carried out in strict compliance with the General Data Protection Regulation.

DCYCLE reserves the right to make as many changes as it deems appropriate in these Terms and Conditions, in which case they will be communicated to Users.

These modifications will be valid as soon as they are published on the Website.

11. Safeguard clause

All clauses or terms of these Terms and Conditions must be interpreted independently and autonomously, not being affected the rest of the stipulations in the event that one of them has been declared null and void by a court judgment or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions.

If the User has any claim regarding the purchase made or the service offered by DCYCLE, he/she can contact the company at any time through the following contact details: hello@dcycle.io

12. Dispute resolution

In the event of any dispute arising in connection with the interpretation or performance of this contract, the parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, expressly waiving the forum which, if any, would be competent.