* April 2020 Version

1. SCOPE AND OBJECT OF THESE CONDITIONS

1.1. Scope

These general conditions of employment, access and use are intended to regulate the relationship between the owner of this business, Daniel Muñoz Gil (hereinafter “3warnings”) and its advertising users, under all transactions made through the website of 3warnings (hereinafter “the website” or “platform”).

As stated in the Legal Notice, this platform belongs to the owner, who is up to date with his tax and fiscal obligations.

To contact our team, you can do so with the following contact details:

Daniel Muñoz Gil
DNI: 52332108R
Address: Calle Alcalá 412, 5ºA, 28027 Madrid, Madrid (España)

This Platform aims to introduce 3warnings and the services it offers; it is a mobile instant messaging application, the benefits of which will go, for the most part, to NGOs. Thus, any transaction that the User-advertiser makes through our platform implies that he must take into account and accept, when applicable, these Terms and Conditions.

We inform you that the on-line contracting of our services, offered through this platform, is subject to the provisions of the rest of the applicable legal policies, such as the Legal Notice, the Privacy Policy, the Cookies Policy, the Code of Conduct and the Advertising Policy. Thus, in the event of a conflict between the latter and these general conditions, the latter shall always and in any case prevail. You must also take into account the particular conditions of contract, which will be detailed at the appropriate time when this is the case.

1.2. Purpose of these conditions

3warnings is a mobile instant messaging application, the benefits of which will go mostly to NGOs. These terms and conditions apply to advertising users, that is, those users who will advertise their services or products in the 3warnings app, upon payment.

1.3. Essential terms for a better understanding of these conditions

a) 3warnings or Provider User: is the owner who presents, offers and provides the services with the requirements established in this website.

b) Platform: is the website associated with these terms and conditions.

c) Transaction: it is the contracting operation between the User interested in contracting services (Registered User) and 3warnings through our platform.

d) Registered User or Client (Advertising User): is the company that registers on our website to upload its advertising banners, which will be shown on the 3warnings mobile application. When the registered user contracts a service, he will become a 3warnings’ Client.

e) Visitor: This is the person who simply browses our website or platform.

1.4. Philosophy of our project

3warnings was created to improve life on the planet. In the World Scientists’ Warning on a Climate Emergency, scientists included what we must do to contribute to this improvement. That is why we donate to NGOs whose goals are related to the objectives of this list (included in point 1.5).

Thus, we encourage NGOs engaged in these activities to register in order to receive our donations.

3warnings reserves the right to accept the registration or inclusion in our platform of NGOs that have objectives different from ours.

1.5. Types of NGOs we support

We support NGOs whose objectives are related to the activities indicated by scientists in their World Scientists’ Warning on a Climate Emergency, which can be found at the following link: https://academic.oup.com/bioscience/article/70/1/8/5610806

In summary, we support NGOs that contribute to or support the following sectors:

1.5.1. Energy

Energy efficiency and conservation, replacement of fossil fuels by cleaner and safer sources. Leaving fossil fuels in the ground. Achieving negative emissions, extracting carbon from emission sources, capturing carbon from the air, improving natural systems, etc. Supporting poor countries in the transition away from fossil fuels. Eliminate fossil fuel subsidies, and discourage carbon use.

1.5.2. Short-term pollutants

Reduce emissions of climate pollutants, including methane, soot and HFCs.

1.5.3. Nature

Protect and restore ecosystems. Rapidly reduce habitat and biodiversity loss. Protect primary and intact forests. Appropriate reforestation at huge scales.

1.5.4 Food

Promote mainly vegetable-based food consumption, reduce global consumption of animal products, especially ruminant livestock Sustainable farming practices. Drastically reduce food waste.

1.5.5 Economy

Reduce excessive material extraction and overexploitation of ecosystems, to maintain the long-term sustainability of the biosphere A carbon-free economy that addresses human dependence on the biosphere and policies accordingly. Shift from GDP growth and the pursuit of wealth to the maintenance of ecosystems and the improvement of human well-being, prioritizing basic needs and the reduction of inequality.

1.5.6. Population

The world’s population must be stabilized and gradually reduced, ensuring social integrity. Family planning services, gender equity, primary and secondary education as a global standard for all, especially for girls and young women.

1.6. Types of Users and Contracting of our Services

Our services can be hired by any company that wishes or needs them.

When registering and contracting the services offered, the present contract conditions and other legal texts that may be applicable or linked in this document will be applied in all cases.

2. PROCEDURE FOR REGISTRATION AND ACCEPTANCE OF CONDITIONS

2.1. Reading and accepting the general conditions - User registration

If you wish to register on the platform as a registered user and create an account, you will need to provide us with the information requested, which will always be relevant for the effective provision of the service.

2.2. Acceptance of the transaction and these conditions by the registered User

In accordance with the provisions of Article 23 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, as a registered user, confirmation of the contracting of services will be made by activating the box “I accept the Terms and Conditions” which will appear before you proceed to finalize your registration on our platform.

Once you have filled in all the mandatory fields required by our platform and the online registration procedure, as a Registered User you enter into a contract with 3warnings in which you agree to become an Advertising User of our platform.

2.3. User Responsibilities at this time

(1) The User guarantees under his or her own responsibility the accuracy of the information provided, expressly exempting 3warnings from the consequences and damages that the inaccuracy of the information may cause to third parties.

(2) The owner of this platform does not assume the obligation or have the technical means to verify the identity of the Users who register on it. Therefore, the owner will not be responsible in any case when there is a case of identity theft of the User.

(3) Taking this into account, 3warnings reserves the right to reject any registration request whose content does not fit the purposes of this platform, so it is up to the User to ensure that the transaction he intends to carry out is consistent with the purpose of this platform, as well as not violating any of the registration rules that are required. Therefore, from 3warnings we have defined in our Ads Policy which contents we admit and which we do not, both for the ads that are published in the application, and for the messages and files sent to the users of the app through the Advertiser Channel. The User undertakes that its contents, both announcements and messages to subscribers, comply with the Advertising Policy.

(4) The Google account for user access to our platform is completely personal and non-transferable, assigned solely and expressly by the user, who is responsible to 3warnings and third parties for the proper use and non-transmission or disclosure to third parties natural and / or legal persons other than themselves or persons expressly authorized by the user to contract on their behalf.

(5) In the event of any loss or theft of access codes, unauthorized use of the website or codes, as well as any violation of security of the same that has come to the attention of the user, the user agrees to notify 3warnings immediately. In this case, the User must change the password to access the website.

2.4. Meaning of the acceptance of these conditions

The acceptance of these conditions means:

(1) That you may operate within the platform as an advertising User and carry out the relevant transactions, always following the guidelines established in these conditions and on the platform.

(2) That you undertake to comply with these conditions and to respect them under your own responsibility.

Furthermore, we inform you that, for legal reasons, we have the confirmation that you have made at the time of hiring our services by validating or “clicking” them at the time of registration and/or hiring; so we are certain about when you have accepted our conditions.

2.5. Using Google Maps

Please note that the Advertiser Control Panel, in order to offer its services to our Users, includes features and content from Google Maps.

Use of Google Maps features and content is subject to the versions in effect at the time:

3. SERVICES WE OFFER

As indicated in point 1, the main service that we offer from 3warnings and object of this platform is the publication of ads in our mobile application. In addition, we offer advertisers a channel through which they can send messages and files to app users who subscribe to that channel.

In the case of these conditions, they apply to advertisers; those entities whose ads, either created by themselves or by third parties, are published in the 3warnings mobile application.

4. PRICES OF CONTRACTED SERVICES

4.1. Prices

4.1.1. Publication of ads

The details of the price we apply to transactions made through our platform are determined on the website itself.

3warnings operates on a cost-per-advertisement basis. That is, for the publication of ads by the advertiser user, it is essential that the user buys advertising credits from 3warnings through its control panel. Each time an ad from the advertiser user appears in the 3warnings app, it will be subtracted from the amount of existing advertising credits in the advertiser’s user account, understanding the cost of its promotion and dissemination.

Thus, from 3warnings we use the CPM model (cost per thousand ads), so that, as a User advertiser, you establish how many advertising credits you decide to pay for each thousand ads published. A minimum price of 1 advertising credit per 1000 ad impressions is established. The Advertiser can choose to pay more, to increase the visibility on the ads that the rest of the advertisers have published in the same geographical area.

However, the CPM is not the only factor to take into account:

4.1.1.1. Ad serving algorithm

The app displays ads from our User advertisers following a decision algorithm, which takes into account various factors. These factors include whether the ad leads to a secure website, whether the website is AMP compliant, the language of the ad, the CPM paid by the advertiser for the ad, and others. It is also foreseen that the algorithm will take into account the user’s advertising preferences, although this will not be done until 3warnings appoints a Data Protection Officer. The goal of this algorithm is to prioritize ads that are relevant to the user of the app, that are of quality, varied, and that the user experience of the app is safe, smooth and comfortable.

As an advertising user, you accept this form of ad publication, the competition with ads from other customers, and that the decision algorithm changes at the discretion of 3warnings at any time and without notice.

4.1.1.2. Assigning geographical areas to advertisements

Once an ad is created, you can post it in a country or countries, or in smaller geographical areas, and assign a different CPM to each area and/or country. The assignment of these geographical areas is done through Google Maps.

Maps are not cheap. Google currently charges us $0.007 for each map(*). Improper or malicious use could cause our costs to skyrocket. To avoid this, we pass the cost on to our customers, charging them 0.007 advertising credits per access. In this way, we encourage responsible use of the maps, and it is also likely to have a positive impact on the environment by using fewer resources.

To access the tool, you have to press the payment button. Once you have paid for access, you can set up all the areas you need for that ad in one session.

Those 0.007 advertising credits will be charged to the selected ad. The expense will be assigned to an area in the middle of the Atlantic Ocean, so that you can check its cost, in the statistics of the ad.

If you later decide to make changes in the areas of an ad, you will have to pay again to access the tool.

Google Maps prices may change at any time. You can check the Google Maps prices here.

3warnings reserves the right to modify the price of access to this ad area allocation tool at any time, and at its sole discretion.

(*) Google does not charge us for the first 200$ in maps per month. But we do charge our customers for each map, which makes it easier for us to manage the costs of the maps, and helps us with the rest of the system costs.

4.1.1.3. Cessation of Ad Publication

Once you have created an ad, assigned the countries or geographical areas where it is to be published, set a CPM, and clicked the “Publish” button, the ad will start to show in the app and consume any available ad credits in your account. It may take up to 24 hours from the time an ad is published to the time it begins to display in the app. If these credits run out, your ads will automatically stop running. To resume your campaign, you will need to purchase new ad credits and republish your ads.

4.1.2. Advertiser Channel

Through the Advertiser Channel, as an Advertiser User you can send messages and files to those users of the mobile application who have subscribed to the channel and have accepted the App Privacy Policy.

Regarding the price of this service, 3warnings charges per message or file sent, depending on the number of subscribers you have, having the applicable prices per subscriber in the control panel of the web platform.

The number of subscribers to your channel is approximate. We keep track of the users who subscribe and unsubscribe to your channel in order to obtain a precise number. However, there are situations where we cannot exactly count them. For example, if an app user subscribes to your channel and then uninstalls the app, it may take several weeks to detect them and decrease the channel’s number of subscribers.

As an Advertising User you understand and agree that the number of subscribers to your channel is approximate and that you are charged for messages and files sent through the channel based on that number.

3warnings will charge each message or file sent to channel subscribers from the advertising credits available in their account. In case there are not enough credits available, the sending will not take place.

4.2. Applicable taxes and additional charges

3warnings will apply to the services and amounts established the VAT that applies at each time according to the law. At all times, the Advertising User will receive or will be able to see in the user’s profile the costs involved in his or her promotional activity within our platform, detailing at all times the base amounts and taxes applied and being able to download the corresponding invoice in PDF format. Likewise, as an Advertising User, you will be able to see in your ad statistics, for each ad you have published, the number of impressions and the number of credits consumed correspondingly.

4.3. Reservation of admission of certain organizations

The user-advertiser is informed that 3warnings reserves the right to admit organizations operating in countries identified as being at risk due to their special links to the financing of terrorism or money laundering, in addition to any other situation that infringes human rights, unless the NGO has a proven good reputation and follows international transparency criteria in those countries.

In the Code of Conduct this right is extended in more detail subject to admission and other situations that could limit the provision of the service or admission of certain organisations to our platform.

5. CONDITIONS APPLICABLE TO CONTRACTED SERVICES

5.1. Conditions applicable to the services described in the previous section

5.1.1. Right to change prices

3warnings reserves the right to change the cost of certain services in these conditions.

The above, as far as possible, would always notify the User at least FIFTEEN (15) calendar days in advance.

If within a period of TEN (10) calendar days from the receipt of our notification, the User has not notified neither the acceptance nor the disagreement, it will be understood that he accepts the new conditions.

If as a User you do not agree, you may also cancel your membership in accordance with the provisions of section 6.2. of these conditions.

5.2. Conditions applicable to the platform - Specifics and important clarifications

5.2.1. Final transaction price.

The final price of the transaction will be indicated in the transaction form before the User makes the payment. At the beginning of the transaction all the updated information of the process will be displayed through the platform.

5.2.2. Territory where we offer the service.

3warnings aims to trade globally. For the time being, and upon acceptance of these conditions, 3warnings operates in Spain.

6. USE AND OPERATION OF THE PLATFORM

6.1. What steps must the User who wishes to register and use this platform take?

The User who wishes to contract our services, must follow the instructions provided on screen, filling out the relevant forms, with the required data and selecting those transaction options in which he is interested to advertise their products and / or services in the 3warnings app.

6.2. Cancellation of the service

You can unsubscribe from the platform at any time, except in cases where there is a pending payment; in which case, you can contact us via the e-mail indicated at the beginning of the document so that we can proceed to unsubscribe and/or check the situation.

In this way, if the cancellation cannot be made immediately, we will inform you, as well as the steps or process to be taken into account.

If at the time of cancellation you have advertising credits available, you must request their return before cancellation.

7. PAYMENT METHOD

7.1. Possible forms of payment for our services

3warnings supports Paypal as a payment method: it is a globally accepted payment method. You will be redirected to the Paypal platform to make the payment.

7.2. Security measures applicable to payment methods

3warnings uses generally accepted information security techniques in the industry such as firewalls, access control procedures and cryptographic mechanisms, all with the objective of preventing unauthorized access to data.

To achieve these purposes, the User accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

Any recruitment process or process involving the entry of personal data will always be transmitted by secure communication protocol (HTTPS://), so that no third party can have access to the information transmitted electronically.

It also applies the security measures of the Paypal payment service regulated in their Conditions of use of PAYPAL

8. SPECIAL CONDITIONS

3warnings applies these special conditions of contract for services intended for advertising users.

9. DUTIES AND OBLIGATIONS OF USERS

In addition to the provisions contained in the Code of Conduct Code of Conduct of 3warnings, the following basic duties are listed for the parties

9.1. Duties of 3warnings

(1) It is up to 3warnings to indicate the conditions of sale of the services at the time of incorporation into the platform. It undertakes to specify the means of payment that it accepts, times and costs, as well as the characteristics of what it offers: delivery times, returns, right of withdrawal, etc.

(2) 3warnings will have to respect the legal and commercial guarantees and the right of withdrawal recognized; in particular, the right of CATORCE (14) calendar days to exercise the right of withdrawal by the User, when this is not excepted.

(3) With the inclusion of the advertiser User’s advertisements in the 3warnings mobile application, by 3warnings, the latter assumes, in relation to the User, all the obligations derived from a service provision contract.

(4) 3warnings will in any case provide the user the possibility to exercise their rights of access, rectification, deletion, opposition, portability, limitation to the processing and forgetfulness of their personal data, and will take the appropriate measures to exercise these rights. .

All this is duly detailed in the ‘Privacy Policy’.

(5) 3warnings guarantees that the services it offers are not illegal, immoral, prohibited, or violate or infringe rights of third parties

(6) It is the duty and responsibility of 3warnings to be up to date with its tax and fiscal obligations.

9.2. Duties of the User-advertiser or Customer

(1) The User agrees to pay 3warnings the agreed price for the contracted service and within the time limit set for this purpose, all with due diligence and good contractual faith.

(2) The User agrees not to violate any of the conditions applicable to them under these terms or any other legal notices applicable to this platform.

(3) In order to access the web platform, the User must necessarily have computer equipment, programs and configurations necessary for the proper functioning of the website and an Internet connection. The expenses related to the connection will be the exclusive responsibility of the User.

(4) The Advertiser agrees to indemnify 3warnings and/or third parties for any liability, damage, loss or costs arising from the use of this web platform and which, directly or indirectly, may be attributable to it.

10. GENERAL RIGHTS OF 3WARNINGS

(1) 3warnings reserves the right to remove texts that refer to contact data or information that does not correspond to a correct description of the services.

(2) 3warnings will be entitled to modify at any time and without notice the image of this platform (design, image, presentation and configuration or operation), as well as the content and functionality included in it, and may remove, modify, add new or subject some aspects to specific conditions, without this implying any alteration of the agreements or business relationship between 3warnings and the User.

(3) In order to obtain the best effectiveness of the website, 3warnings may deny or restrict access to Users who do not respect these conditions, without prior notice.

(4) In addition to these conditions, for the access and use of the Web page, the rest of the legal texts indicated in these conditions must be respected.

(5) 3warnings reserves the right to modify or interrupt, in whole or in part, access to the system temporarily when required by the system for maintenance, updating or repair. As far as possible, Users will be warned of such situations sufficiently in advance.

(6) 3warnings reserves the right to automatically reject the advertisers’ ads. The web platform uses artificial intelligence, so that those ads that do not comply with the policies of the project, as provided in our code of conduct and advertising policy, either by inappropriate content or by the insecurity of the websites to which they redirect, will be automatically removed. In the sense of the above, 3warnings disclaims any liability for any error by the removal of an advertiser’s user ad that does comply with the standards and policies of 3warnings.

(7) 3warnings also reserves the right to limit the services it offers in those countries it considers, based on the possibility of non-compliance with the regulations or legislation of that country.

11. GENERAL USER RESPONSIBILITIES

As a customer, the User is obliged to make lawful use of our services, without contravening current legislation, or harming the rights and interests of third parties.

It also guarantees the truthfulness and accuracy of the data provided when filling out the contract forms, avoiding the creation of damage to 3warnings or other users as a result of the incorrectness of them. Among others, to demonstrate that the web domain to which the ads are redirected to the user wants to publish and thus avoid that the redirection is not relevant, the user advertiser must create a file in the root of your domain, as explained in the control panel of the web platform.

Failure to comply with any of these Conditions may result in the withdrawal or cancellation of services by 3warnings, without prior notice to the User and without this giving to the user any right to compensation.

12. LIMITATIONS AND EXCLUSIONS TO THE LIABILITY OF 3WARNINGS

3warnings does not control the timeliness, truthfulness or accuracy of each of the data published by users on this platform so, in no case, will be responsible for inaccurate, truthful, not current or any other information derived from an error from the source where that information was extracted.

Thus, by way of illustration and not exhaustive, 3warnings will not be responsible in any case in the event of

  • Errors or confusion related to names, data or information derived from errors published in the original pages or sources from which they were extracted or consulted by users and then use 3warnings to make the appropriate transaction.
  • Misuse or abuse by the User of the information obtained from our services, such as misinterpretations of it, or misinterpretation or misuse of information extracted from another platform.
  • Damages that have been produced as a consequence of the use of the information extracted from our services or from the platforms of third parties.
  • Suppression of advertisements from the advertising User.
  • Failure by the user advertiser of the regulations, legislation and / or codes of conduct applicable to the ads you decide to publish through the 3warnings platform. The User must take into account the prohibitions on advertising in those countries where he wants to publish the ads.
  • The content that the User sends to its subscribers through the appropriate messages, which must respect the provisions of all legal texts governing the operation of the website and app of 3warnings and, in particular, the provisions of the code of conduct and advertising policy.
  • Inappropriate advertisement impressions. The User understands and accepts that some users may generate impressions or clicks on the ads that are published with prohibited, inappropriate and illegal purposes and that 3warnings does not have the necessary means to detect such behavior, prevent it or solve the consequences that may arise from it.

13. RETURN POLICY

13.1. Conditions of return concerning our services

You can request the return of any invoice through your Control Panel, within THIRTY (30) days after the purchase of Advertising Credits.

3warnings will not accept return requests other than through the 3warnings Advertiser Control Panel, which the Advertiser User understands and accepts. When making a refund, if there are Advertising Credits available (unspent) in your account, 3warnings will automatically refund the full amount of the invoice. In the event that there are not enough unspent Advertising Credits available, 3warnings will refund the equivalent of all remaining available Advertising Credits, and their taxes.

13.2. Right of Withdrawal

Since 3warnings and the User-advertiser act as professional users, the right of withdrawal does not apply, which is regulated by the consumer and user regulations.

14. APPLICABLE LANGUAGE

In the event of any discrepancy between the text of these conditions and any translation thereof, the Spanish version shall prevail. In the event of any discrepancy between the English version of the general conditions and any translation thereof, the English version shall prevail.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

All rights to the content published on our website concerning the services we offer through them are protected by copyright and trademarks.

In this sense, the services, content, images or logos are owned by 3warnings or by persons or companies that have expressly authorized us to publish them; or they are subject to licenses that allow us to make appropriate use of these materials.

In general, it is expressly forbidden to reproduce, transform, distribute, publicly communicate or make available the contents of this Web site without the written consent of 3warnings.

Any partial or total reproduction of the content by any procedure and in any medium is subject to prior and express authorization from 3warnings, with the limitations and qualifications already contemplated in our intellectual property policy, contained in the Legal Notice of our platform.

The user-advertiser must also be the owner of the rights or have the permissions to use the materials related to the advertisements that he or she publishes or promotes on our platform, as well as for the messages and files that he or she sends to the subscribers, exonerating 3warnings for any breach, responsibility and consequences against third parties or any person harmed by it, giving the user full responsibility, even in the case that 3warnings has used such materials since it is understood that they are delivered in compliance with the provisions of the beginning of the paragraph.

16. DATA PROTECTION

The personal data you must provide us with are essential for the provision of the service we offer you through this platform. By registering on the page, you agree to provide us with valid data, data that allows the provision of service by 3warnings and the correct identification as a registered user, as well as for sending information and advertising of the various services that 3warnings believes may be of interest to you, as authorized by you along with the validation of the corresponding Privacy Policy.

3warnings informs its Users that the personal data they provide will be processed for the following purposes:

  • Provision and billing of services.
  • The notification of promotional agreements that 3warnings may have signed with partner companies to offer users of the website certain services. However, this information will only be provided by 3warnings and not by third parties.
  • Informing you of activities or information that we think may be of interest to you.
  • Respond to queries or requests for information that you may make.
  • Allow access to options that require registration and / or additional validation, in which case the user must comply with the specific conditions that are established, if any.
  • Any additional purpose contemplated in our Privacy Policy

At any time and/or when you consider it convenient, you may make use of your rights of Access, Rectification, Suppression, Opposition, Portability, Limitation to Processing and Oblivion through the means and data provided in the Privacy Policy of the platform.

17. MODIFICATION OF CONDITIONS

3warnings reserves the right to modify, at any time and without notice, the presentation and configuration of the website, as well as the Terms and Conditions, although it may inform about its modification when it substantially affects the contracted services.

As a User, you will always have these Conditions in a visible place, freely accessible for any consultation you wish to make. In this sense, you must read them carefully each time you access the website. In any case, the acceptance of these conditions will be a previous and indispensable step to the hiring of any available service through the web page.

18. APPLICABLE JURISDICTION

In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter will be those provided by the applicable legal regulations and, where appropriate, those of the city of Madrid, renouncing any other jurisdiction that may correspond.