Terms of Use

VERSION 2.0 (07.26.2024)

Table of Contents

  1. Preamble
  2. Proper and Prohibited Use of the Platform
  3. Geolocation and Privacy
  4. Intellectual Property and Copyright of Comment Materials
  5. Confidentiality of Information Transmission over the Internet
  6. Limited License
  7. Third-Party Content
  8. Applicable Law and Jurisdiction
  9. Limitation of Liability
  10. Communication

These Terms of Use (the "Terms") apply to:

  • The website https://tabaiba.me/,
  • Any of its subdomains (the "Website"),
  • The Telegram bot @TabaibaBot, through which the main service of connecting with other users based on geolocation proximity is provided, and/or services offered through the use of the Website and/or the Telegram bot @TabaibaBot.

The website is an official site of Tribu Tabaiba S.L., with Tax ID B19724582, and registered office at Finca Montijo 4, TF-324 San Antonio, 38300 La Orotava, Santa Cruz de Tenerife, Spain (hereinafter, the "Company").

By accessing or using the website, the Telegram bot @TabaibaBot, and any service available through the website, subdomains, and the Telegram bot (collectively, the "Services"), you ("User" and collectively with others who use the Services "Users") agree without modification to be bound by these Terms.

The Services are provided by the Company and the terms "we", "us" and "our" refer to this legal entity. The Company may change the scope of the Services or cease to provide Services entirely at any time.

Certain Services may be provided by different parties, including subsidiaries, affiliates or subcontractors of the Company, and in such case, the Company will notify you of the name of such service provider.

These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services.

The information available on our website may be modified or deleted at any time without prior notice. The Company reserves the right to change or modify the terms and conditions contained in these Terms, including, but not limited to, any policy or guideline of the website, at any time and from time to time at its sole discretion without your prior consent. We will notify that a change has been made to these Terms by posting the revised Terms on the website and changing the "Last revision" date at the top of the Terms and sending an email to Users at the email addresses provided, or by any other means as determined by the Company.

Subject to applicable law, the method of notification will be at the sole discretion of the Company. The use of a particular form of notification in some cases does not oblige us to use the same form in other cases, unless the Company is required to do so under any applicable law. Any change or modification will take effect immediately upon posting of the revisions on the website or at the time the Company transmits the information to Users (for example, by email). These changes will apply at that moment to all current and subsequent users of the website. Your continued use of this website acts as acceptance of such changes or modifications. If you do not agree with the Terms in effect when you access or use the website, you must stop using it.

Preamble

The Company provides Services related to connecting with other users based on location proximity, so a Telegram chat can be opened if two users match. This includes creating profiles with photographs, biography, and some personal characteristics.

You agree to use the Services only for the purposes permitted by the Terms and laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.

Proper and Prohibited Use of the Platform

Proper Use:

The user agrees to:

  • Create a real profile that accurately represents the person. This includes real photographs in which, at least in one, the face must be clearly visible, real name or pseudonym, real date of birth, and a description that expresses, with the best possible intention, who the person is and what is important to them.

Not Allowed:

The following is strictly prohibited:

  • Disseminating user information outside the platform in any form.
  • Maintaining a profile that does not meet any of the requirements listed in "proper use", with the exception of those in which photographs and/or description are temporarily suppressed. In other words, it is allowed for these elements to be temporarily empty.
  • Disrespecting in any form any other user of the platform, either through messages or by overstepping boundaries expressed by the other party.

Failure to comply with proper use or engaging in prohibited use will result in the deletion or deactivation of the user account.

Geolocation and Privacy

By using the platform, you consent to the use of geolocation data for the purpose of connecting you with other users based on proximity. We commit to using this data exclusively for the purposes of the application and not to disclose it to third parties without your explicit consent. Authenticity and honesty in creating and maintaining user profiles are fundamental to the integrity of the platform.

Our Privacy Policy, available at https://tabaiba.me/en/privacy-policy, provides detailed information on how we collect, use, and protect your personal data, in accordance with the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD) and the General Data Protection Regulation (GDPR) of the European Union.

All information, data and content of a graphic nature, any other subject recognized as intellectual property under applicable laws available on our website is the property of the Company and its related entities and affiliates.

You may not copy, duplicate, print or circulate the information from this website without our prior written consent.

The Company grants you a non-exclusive, perpetual and non-transferable license to use the website, solely for the purposes stated herein and you will not have the right to resell or distribute any content from the website.

Confidentiality of Information Transmission over the Internet

The transmission of data or information over the Internet or other public access networks may not always be secure and is subject to possible loss, interception or alteration during transit. Consequently, the Company assumes no responsibility for any loss or damage you may experience or costs you may incur as a result of any transmission over the Internet or other public access networks, including, but not limited to, transmissions involving the website or email with the Company containing your personal information. While the Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to the Company and will treat such information in accordance with the Company's Privacy Policy, in no event will the information you provide to the Company be deemed confidential, nor will it create any fiduciary obligation for the Company, or result in any liability for the Company in the event that third parties access such information without the Company's consent.

Limited License

The Company grants you a limited, non-exclusive and non-transferable license, subject to these Terms, to access and use the website and the content, materials, information and functionality available in connection with it (collectively, the "Content") solely for informational purposes or other purposes expressly permitted by the Company from time to time.

Any other use of the Website or Content is expressly prohibited.

You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale, create derivative works from, perform, display, incorporate into another website or otherwise exploit any part of the Content or any derivative work thereof, in whole or in part, for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the website or content (or any part thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.

If you violate any part of these Terms, your permission to access and use the website may be suspended and/or terminated immediately in accordance with these Terms. In addition, we reserve the right to make use of all remedies available under the law for any such violation. "Tabaiba" and all logos related to the Services or displayed on the Website are trademarks or registered trademarks of the Company.

You may not copy, imitate or use them without the prior written consent of the Company. You will not authorize or encourage any third party to

(i) use the Services to upload, transmit or otherwise distribute any content that is illegal, defamatory, harassing, abusive, fraudulent, obscene, contains viruses or is otherwise objectionable as reasonably determined by the Company;

(ii) use any robot, spider, other automated devices or manual processes to monitor or copy any content from the Services.

Third-Party Content

The Company, its affiliates and its Users may provide third-party content on the website and may provide links to web pages and content that are not owned or controlled by the Company (collectively, the "Third-Party Content") as a service to those interested in this information. The Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranty of any kind regarding the Third-Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that the Company is not responsible in any way for the Third-Party Content and assumes no responsibility to update or review any Third-Party Content. You acknowledge that the use of such Third-Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. The Company is not responsible for any loss or damage of any kind incurred as a result of such transactions or promotions or as a result of the presence of such Third-Party Content on the website.

Applicable Law and Jurisdiction

You understand and agree that the relationship between you and the Company will be governed in all aspects by the laws of Spain, without regard to its conflict of laws provisions.

If any provision of these Terms is deemed invalid, void due to conflicting laws or for any reason unenforceable, such provisions will be eliminated and will not affect the validity and enforceability of the remaining provisions.

Any dispute arising from this Agreement will be resolved in the Courts and Tribunals of Santa Cruz de Tenerife, in accordance with the laws of Spain.

Any dispute arising out of or related to these Terms is personal to you and you hereby agree that such dispute will not be brought as a class arbitration, class action lawsuit or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Furthermore, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Limitation of Liability

The Company assumes no responsibility for damages or losses related to the website, including the use of any information available on the website. The Company will also not be responsible for the content of hyperlinks to third-party websites.

Communication

You agree and acknowledge that all agreements, notices, disclosures and other communications that the Company provides pursuant to these Terms may be provided in electronic format.

If you have any questions about these Terms, you can contact us by email at support@tabaiba.me.