Legal Notice

1. Identification of the parties

1.1. These General Terms and Conditions and License of Use are entered into, on the one hand, by Ciclogreen Move and Win, S.L. (hereinafter, the Owner), as owner of the Ciclogreen application (hereinafter, the App or Ciclogreen) and the Website (hereinafter, the Website or Ciclogreen), and, on the other hand, by the User, understood as the adult individual or legal entity who freely and voluntarily downloads, installs, or accesses Ciclogreen, regardless of whether the User makes use of the services and tools offered there at any given time.

1.2. By accessing, downloading, or installing Ciclogreen, the User accepts these Terms insofar as they may apply to any Internet User who simply downloads the App. When the User also accepts them during registration, the User declares that they are of legal age under Spanish law and agrees without reservation to all provisions herein. The Owner recommends reading this document carefully and reviewing its content periodically.

2. Ciclogreen

2.1. The main purpose of Ciclogreen is to provide an online platform on which Users can record their sustainable mobility practices, with the possibility of receiving incentives for doing so.

2.2. As Users record kilometers traveled on sustainable journeys, they earn points known as “ciclos.” These may subsequently be redeemed for rewards or used to participate in mobility challenges and, in some cases, sports challenges. These challenges are made available on Ciclogreen either by the Owner or by third parties unrelated to the Owner.

2.3. Ciclogreen also provides ways to contact the Owner to submit questions, complaints, or suggestions.

2.4. Ciclogreen is designed for use on devices with Internet access. The App does not, however, include Internet or mobile network access, so the User must pay the applicable Internet service provider or mobile carrier fees. Please review your provider’s access and pricing terms beforehand.

2.5. Please also note that Ciclogreen may include advertising from Ciclogreen or third-party companies.

3. How Ciclogreen works

3.1. To earn points or “ciclos” and interact with the platform, the User must first allow the Ciclogreen App to access the User’s location so that the User’s distances and routes can be measured.

3.2. Users will earn ciclos based on journeys made on foot, by bicycle, on skates, by carpool, and/or by public transportation, among other modes.

3.3. Users may later redeem the ciclos they earn for rewards offered by third parties or participate in sustainable mobility or sports challenges. Rankings and records are established for these purposes, and Ciclogreen is not responsible for their terms.

3.4. For reward redemption, if authorization has been granted and the User requests that ciclos be redeemed for a specific reward, Ciclogreen will automatically send the User’s name and email address so that the reward redemption can be processed and assigned correctly.

3.5. Once that information has been sent, Ciclogreen is not responsible for any interaction or reward redemption between the User and the relevant third party.

4. User obligations

a. Use Ciclogreen, including both the App and the Website, diligently, correctly, and lawfully, in compliance with current legislation—particularly data protection and intellectual and industrial property law—morality and accepted standards of conduct, and public order.

b. Periodically review these General Terms of Use and any other applicable terms and verify any changes that may have been made.

c. Monitor any notices sent by the Owner, as they may contain important information.

d. Not use Ciclogreen for commercial purposes, such as collecting information or content to provide other services that may clearly compete with the Owner.

e. Not modify or attempt to modify Ciclogreen in any way, or take actions or use methods intended to imitate its appearance or functions.

f. Refrain from any action involving the simulation of journeys to obtain incentives or the introduction of computer viruses, worms, Trojan horses, or any other malicious code intended to interrupt, destroy, or limit Ciclogreen’s functionality.

g. Not use reverse-engineering techniques and/or decrypt, decompile, or use any other system intended to discover Ciclogreen’s source code or that of any underlying element subject to copyright or intellectual property rights.

h. Not damage, disable, overload, or impair the service or any network connected to it, or interfere with its use and enjoyment.

i. In all cases, refrain from any act that may infringe the rights or interests of the Owner or third parties, including, by way of example, intellectual or industrial property rights such as patents, trademarks, copyrights, and trade secrets.

5. Special Registration Terms

These Special Registration Terms are entered into by Ciclogreen, on the one hand, and by the User who has completed the form to create an account and the steps indicated in the App or Website to register, together with acceptance of these Special Terms, on the other hand.

5.1 Requirements and procedure for creating an account

To create an account on the Website, the User must be an adult individual as defined by Spanish law. The User must select “Register,” provide their first and last name, enter their email address and the other requested information, and secure the account with a password. The User must complete all the indicated steps, including reading the Privacy Policy available at https://ciclogreen.com/en/privacy-policy/ and these Terms. Ciclogreen will confirm the User’s registration on the Website by sending a welcome message, at which point the User becomes a Registered User. If a Registered User does not remember their password, they must select “Recover password” and enter the email address used to register in order to reset it.

5.2 Ciclogreen

Registering with Ciclogreen allows Users to earn points based on the distances they travel, redeem those points for rewards, and/or participate in mobility or sports challenges. Registered Users may also view rankings of distances traveled by Users.

5.3 Registered User obligations

Registered Users have the following obligations:

a. Not register multiple User accounts in the App or on the Website, provide false information, or impersonate third parties. You are responsible for providing your real information.

b. Not use or attempt to use another User’s account without authorization or consent.

c. Be solely responsible for all activity carried out through your personal Ciclogreen account.

d. Protect the confidentiality of your login information, as you will be responsible for any damage suffered by you or third parties as a result of violating these Terms. You are also responsible for what happens in your personal account unless its security has been compromised for reasons beyond your control. Specifically, you must:

i. Keep the account up to date.

ii. Keep the chosen password confidential.

iii. Be the only User who uses the account created.

iv. Not market, sell, or transfer the account to a third party.

e. Be responsible for damage suffered by you or third parties as a result of violating these Terms or any other applicable terms.

f. The User agrees not to use several of the mobile applications available through the portal simultaneously to record the same journeys.

g. The User also agrees not to improperly record these journeys in order to increase the ciclos or incentives earned. The User accepts that Ciclogreen may warn them of possible misuse of the App and/or cancel their account without prior notice if fraudulent use of the platform is evident. In that event, the User will not be entitled to receive any incentives they may have accumulated or any compensation from Ciclogreen.

h. Not select an activity type or mode of transportation in the App that differs from the one actually being used while recording the journey in order to obtain more points. This conduct will be considered fraudulent use.

5.4 Changes to and cancellation of a Registered User account

Registered Users may change their information or cancel their account at any time through the User area.

6. Special Terms for the Carpooling Feature

6.1 User conduct

When using the Platform as a User, you agree to:

a. Not use the General Terms of Use unlawfully or under conditions that could damage, disable, overload, or alter the Platform.

b. Provide your real information to enable verification of your identity and vehicle details during CicloBono activation and when publishing carpooling routines. Do not simulate journeys or routes that did not take place or create fictitious passengers. Do not impersonate another person or entity, falsify or conceal your identity, or create a false identity.

c. Not disclose data or personal information concerning a third party, such as postal addresses, first and last names, or email addresses. If you breach your obligations, Ciclogreen may take any appropriate action to stop that conduct. Ciclogreen will also be entitled to suspend, delete, or block the User’s access to their Account without prior notice and without the User being entitled to demand that Ciclogreen deliver or pay any incentives that may have accumulated through CicloBono or any other compensation.

d. Without prejudice to legal action brought by third parties, Ciclogreen will be entitled to bring any legal action in its own name aimed at remedying any damage it claims to have suffered as a result of the User’s breach of their obligations under these General Terms of Use.

6.2 Driver commitments

When using the Platform as a Driver, the User agrees to:

a. Assume full responsibility, where applicable, for every minor traveling in their vehicle who, because they are a minor, cannot register on the Platform. Ciclogreen is not responsible for the people traveling in the Driver’s car.

b. Comply with all laws, regulations, and codes relating to driving and the vehicle, particularly by holding valid third-party liability insurance at the time of the Journey and a valid driver’s license.

c. Verify that their insurance policy covers shared journeys and that the Passengers with whom they share the Journey are considered third parties in the vehicle and are therefore covered by the insurance.

d. Provide any Passenger who requests it with their National Identity Document or another document proving their identity.

e. Not take any risks while driving or consume any product that may adversely affect their attention or ability to drive attentively and completely safely.

f. Publish only Journeys they genuinely intend to make.

g. For a Journey previously published on the Platform to find travel companions, make the Journey as described in the listing and comply with the times and places agreed with the other Users.

h. Not carry more Passengers than the number of Seats stated in the Journey listing and permitted by the Spanish Directorate-General for Traffic (DGT) for the vehicle used.

i. Use a vehicle that is in good condition and complies with all legal regulations, particularly by holding a valid ITV roadworthiness certificate.

j. Share with Ciclogreen or any Passenger who requests them their driver’s license, vehicle registration certificate, insurance policy, ITV certificate, and any other document demonstrating their ability to use the vehicle as a Driver on the Platform.

k. Inform Passengers without delay of any delay or change to the time or the Journey itself.

l. For a cross-border Journey, keep available for the Passenger and any authority that requests it a valid document showing their identity and right to cross the border.

m. Not publish any Journey involving a vehicle they do not own or do not have permission to use for shared transportation.

n. Not fraudulently generate any financial gain through the Platform.

o. Have no medical contraindication or incapacity that prevents driving.

p. Behave appropriately and responsibly during the Journey, in keeping with the philosophy of shared travel.

q. Record as a carpool journey only journeys made in a passenger vehicle with no more than eight total seats and without a professional driver. Journeys that do not meet these conditions cannot be verified or certified within the CicloBono system and will not generate a balance or incentives.

6.3 Passenger commitments

When using the Platform as a Passenger, the User agrees to:

a. Behave appropriately during the Journey so as not to disrupt the Driver’s concentration or driving or the peace and quiet of the other Passengers.

b. Respect the Driver’s vehicle and its cleanliness.

c. Inform the Driver without delay in the event of a delay.

d. Provide any Driver who requests it with their National Identity Document or another document proving their identity.

e. Not carry during a Journey any item, substance, or animal that could distract the Driver’s concentration or driving, or whose nature, possession, or transportation is unlawful.

f. For a cross-border Journey, keep available for the Driver and any authority that requests it a valid document showing their identity and right to cross the border.

g. Record as a carpool journey only journeys made in a passenger vehicle with no more than eight total seats and without a professional driver. Journeys that do not meet these conditions cannot be verified or certified within the CicloBono system and will not generate a balance or incentives.

7. Intellectual and industrial property and License of Use

7.1. By accepting these Terms, and provided that the User fulfills all obligations under these Terms or any other applicable terms, the Owner grants the User a nonexclusive right to use the App as offered from time to time. This right may not be assigned or sublicensed, applies worldwide, and continues for as long as the App remains installed on the User’s device. It authorizes the User to download and install the App on their mobile device without limitation, although measures may be implemented to limit the number of simultaneous connections from a single location or IP address. The User is also authorized to access and use the App for personal and private purposes, provided that it is active and available.

7.2. Under no circumstances does this license authorize the User to use the App for commercial purposes and/or purposes other than those described in the preceding section.

7.3. This license does not transfer any intellectual or industrial property right in the App or any content within it. The intellectual property rights in the App, the Website, and all their elements—including programming, design, applications, graphics, code, text, images, published content, and associated technology—belong exclusively to the Owner, or the Owner holds sufficient rights or authorizations to exploit them. Reproduction, distribution, public communication, making available, or transformation of Ciclogreen or any element integrated into the App and/or Website is therefore prohibited.

7.4. Similarly, the domain name, trademarks, trade names, and, in general, any distinctive sign relating to Ciclogreen belong to the Owner or are used by the Owner under the necessary licenses.

7.5. If you identify any infringement of intellectual and/or industrial property rights on Ciclogreen, please notify us as soon as possible by writing to info@ciclogreen.com.

8. Third-party links

8.1. Ciclogreen may contain links to third-party pages or websites. The Owner assumes no responsibility for those links, their content or proper operation, or any consequences arising from accessing them.

8.2. With respect to links published by the Owner, the User acknowledges and accepts that these links lead to external sites unrelated to both Ciclogreen and the Owner. The Owner does not approve or review the functions, advertising, or content generally included on third-party pages, even when linked from Ciclogreen. It therefore cannot guarantee that these sites are free from computer threats, viruses, or malware, or that they do not host unlawful or inappropriate content or other links that lead in turn to sites with one or more of those characteristics.

8.3. The inclusion of links to third-party websites within Ciclogreen Services does not imply the Owners’ approval or acceptance of the linked website. If the User decides to leave Ciclogreen’s official pages and access third-party websites, the User does so at their own risk. Ciclogreen recommends reading the terms of use and privacy policies of third-party websites.

9. Disclaimers

9.1. The Owner works to keep Ciclogreen’s services and features available at all times. Ciclogreen will nevertheless be provided “as is,” subject to availability and the limitations applicable at any given time.

9.2. Despite the Owner’s continuous efforts to protect Ciclogreen’s systems and content using standard Internet security practices, it is impossible to provide complete guarantees against intrusions or loss of information. Likewise, the absence of viruses or other harmful elements in Ciclogreen or third-party sites that may alter the User’s computer system, whether software or hardware, cannot be guaranteed. The User therefore acknowledges and understands that situations may arise beyond the Owner’s control.

9.3. The Owner disclaims all liability for improper access to content resulting from a User registering and deliberately providing false or inaccurate information about their age.

9.4. The Owner disclaims all liability arising from misuse of the App and/or Website by a Ciclogreen User or from failure to fulfill obligations or commitments under these General Terms and License of Use or any other applicable terms, particularly the terms imposed by providers.

9.5. As a general rule, neither the Owner nor its collaborators will be liable for loss of profit or consequential loss in connection with any matter.

9.6. The Owner is not responsible for the terms of challenges proposed by third parties.

9.7. The Owner is not responsible for the redemption of rewards or balances (CicloBono). Ciclogreen is not responsible for any interaction or reward redemption between the User and the relevant third party once the User has requested redemption. These limitations of liability apply whether liability or losses are based on negligence or any other basis, even if Ciclogreen was advised or should have known of the possibility of such losses.

10. Business solution

10.1. Users who choose to participate in programs for companies, universities, or city councils arranged with Ciclogreen must allow their data—User name and journeys made—to be disclosed to those organizations solely for informational purposes, including displaying rankings and assigning rewards. If the User does not accept this disclosure, the services and features offered by Ciclogreen may not work properly.

10.2. With respect to all other terms, including point redemption, rewards, and terms of service, these General Terms of Use and License of Use and any other applicable terms will apply.

10.3. The User accepts and consents that Ciclogreen and the participating organization—the User’s company, university, or city council—may exchange or provide one another with identifying and contact information strictly necessary to properly manage, coordinate, update, and maintain the User’s participation in the corporate program.

11. Special terms for challenges and rewards

11.1. Users may enroll in any available Ciclogreen challenges of their choice.

11.2. Each challenge is subject to different terms, numbers of ciclos, and requirements provided by the challenge providers, for which Ciclogreen is under no circumstances responsible.

11.3. Depending on the program, Users may also redeem their ciclos for rewards provided by different providers. Ciclogreen is not responsible for that redemption because it takes place between the User and the provider without liability on Ciclogreen’s part.

11.4. In all cases, information collected by providers in connection with the challenges or rewards they provide is governed by their own Privacy Policies. Ciclogreen is not responsible for third-party privacy practices.

12. Indemnification

12.1. If the Owner incurs any damage, harm, loss, or cost—including attorneys’ and court representatives’ fees—as a result of the User’s breach of these General Terms and License of Use or any other applicable terms, the User must compensate the Owner.

12.2. The same will apply if third parties bring claims against the Owner as a result of the User’s breaches. In that case, the User will hold the Owner harmless and may be required to pay any expense, cost, damage, or loss arising from the User’s actions.

13. Term, termination, and exclusion

13.1. These Terms are in force indefinitely for as long as the User maintains an account with Ciclogreen.

13.2. Users may cancel their User account at any time using the tools provided for that purpose in the App.

13.3. The Owner reserves the right to terminate these Terms or block or delete the User’s account in the event of a serious and/or repeated breach of the terms set out here or any other applicable terms. The User will not be entitled to claim payment of any incentives they may have accumulated or any other compensation.

14. Data protection

14.1. The collection and processing of the User’s personal data obtained by the Owner through Ciclogreen are governed by a specific Privacy Policy available by clicking this link (https://ciclogreen.com/en/privacy-policy/).

14.2. Users may change their account information or cancel their account at any time by sending an email to info@ciclogreen.com.

15. Severability and interpretation

15.1. These Terms constitute the entire agreement between the User and the Owner.

15.2. If a competent Authority declares any provision unlawful, invalid, or unenforceable, that provision must be interpreted as closely as possible to its original intent. Such a declaration concerning one or more clauses will not, however, affect the validity of the remaining clauses.

15.3. The Owner’s failure to require strict compliance with any provision of these Terms does not constitute and may under no circumstances be interpreted as a waiver of its right to require compliance in the future.

16. Language

16.1. The language applicable to these Terms is Spanish. Any English version is provided solely as a courtesy for the User’s convenience. The User therefore expressly accepts that these Terms are governed by their Spanish version.

16.2. If there is any conflict between the Spanish version of these Terms and the translation, the Spanish version will prevail in all cases.

17. Governing law and jurisdiction

The relationship between the Owner and the User will be governed by Spanish law. In the event of a dispute concerning the interpretation or performance of these Terms, the parties expressly waive any other jurisdiction that may apply and submit to the Courts and Tribunals of Seville, unless the law mandatorily establishes a different jurisdiction.

18. Energy Savings Certificate incentive (Spain only)

18.1. Description of the incentive

Under the legislation governing Energy Savings Certificates (CAEs), Ciclogreen—a limited liability company with registered office at Avenida Sabino Arana, 8, 2nd floor, 48013 Bilbao, Biscay, Spain, registered under number B90281502—allows you to receive an incentive derived from the energy savings generated by carpooling as a Driver and/or Passenger using the Platform. This is subject to the conditions established by Royal Decree 36/2023 of January 24, 2023, which establishes an Energy Savings Certificate system in Spain and is partially implemented by Order TED/815/2023 of July 18, 2023; Order TED/845/2023 of July 18, 2023; the Resolution of July 3, 2024 of the Directorate-General for Energy Planning and Coordination, updating Annex I to Order TED/845/2023 of July 18, 2023, which approves the catalog of standardized energy efficiency measures; and forms TRA030 and TRA040, in accordance with the additional verification criteria established by the Spanish Ministry for the Ecological Transition and the Demographic Challenge. These rules apply to journeys made through the Platform from January 26, 2023 onward, subject to the conditions described below.

If you meet the offer conditions—see section 18.2 below—including CicloBono activation and identity verification, and subject to validation of the file by the Spanish Ministry for the Ecological Transition and the Demographic Challenge, you may receive the following incentive subject to the terms of use described below:

(i) as a Driver, a balance redeemable for gift cards on the Platform within 12 months from the date the balance is generated as available;

(ii) as a Passenger, a balance redeemable for gift cards on the Platform within 12 months from the date the balance is generated as available.

The details and value of the incentive will be communicated after the mandatory verifications referred to in section 18.3 have been completed. Communicating this information does not guarantee delivery of the gift card, which is subject to validation of the energy savings in accordance with section 18.3.

Ciclogreen may modify, suspend, or terminate the offer or payment of CicloBono incentives at any time without prior notice. You understand and accept that the existence and validity of the CAE System regulations are an essential condition for Ciclogreen to issue and/or pay the incentive. You acknowledge and accept that, if the CAE System regulations are annulled, invalidated, or cease to exist in whole or in part, the incentive offer will automatically expire and you will not be entitled to any incentive or payment from Ciclogreen. Ciclogreen reserves the right to establish additional conditions for using incentives on the Platform. Ciclogreen reserves the right to cancel any balance issued in the following cases:

18.2. Eligibility for the incentive offer

You may benefit from this incentive offer as a Driver and/or Passenger only if you meet all of the following conditions:

(i) you are registered on https://ciclogreen.com/ and have an active account on the Platform;

(ii) you have registered your real first name, last name, and DNI/NIE on your account; pseudonyms, random strings of letters, and similar entries are not accepted;

(iii) you have entered and verified your real telephone number;

(iv) you have completed your vehicle registration plate details, only if you are a Driver;

(v) from January 26, 2023 onward, you have recorded at least one carpooling activity in Spain either (a) as a Driver with at least one Passenger through the Platform and/or (b) as a Passenger through the Platform;

(vi) you have activated CicloBono in the App, assigning your energy savings and their management to Ciclogreen in exchange for incentives for each certified shared journey; or you have received an email directly from Ciclogreen informing you about the CAE System and the possibility of receiving an incentive in exchange for transferring ownership of the energy savings generated through your use of the Platform, and you have neither asked not to receive this incentive nor objected to the associated processing of personal data;

(vii) you have not received a CAE System incentive for the same journey recorded on another carpooling platform.

18.3. Verification of compliance with the incentive offer conditions and validation of your energy-saving action by the authorities

The provisions relating to the CAE-linked offer, specifically the antifraud requirements of forms TRA030 and TRA040, apply to Users acting both as Drivers and as Passengers. You agree to respond promptly to any request for information from Ciclogreen if compliance with the CAE System’s antifraud requirements cannot be verified. If a satisfactory response to these requests is not received, Ciclogreen reserves the right not to deliver or pay the incentive.

The CAE System regulations require mandatory verification and validation of User identities and of the carpooling journeys and energy savings submitted to the entities responsible for controls, such as the National Coordinator or independent verification entities. These verifications and validations are conditions for issuing and/or delivering the incentive, which Ciclogreen will do after final validation by the National Coordinator. You acknowledge that if your energy savings are not validated by the National Coordinator, Ciclogreen will be unable to issue or pay the incentive.

19. Special Refer-a-Friend promotion

19.1. The Owner may activate referral-based promotions through which both the inviting User and the invited User may receive a reward valued at €5 each, provided that the eligibility conditions described here are met.

19.2. This promotion is available exclusively to Users who reside in Spain.

19.3. For the incentive to accrue and be paid, all the following requirements must be met simultaneously, in addition to identity verification for every User involved:

a. CicloBono activation by the Host: The inviting User must have the CicloBono service active on their account.

b. CicloBono activation by the Invitee: The User who receives the invitation must register and successfully activate the CicloBono service on their account.

c. Minimum carpooling activity by the Invitee: The invited User must successfully make and record at least five verifiable journeys using the Platform’s carpooling feature.

d. Minimum distance per journey: Each of the five journeys referred to above must cover a distance of more than 10 km.

19.4. Once the system has verified compliance with these requirements, the Owner will allocate €5 to each applicable profile. The Owner reserves the right to audit recorded journeys and to deny or cancel processing of the incentive if it detects fraudulent use of the Platform, creation of fake accounts, or simulation of journeys solely to obtain the reward.

19.5. This promotion is temporary. The Owner reserves the right to change the terms or terminate the promotion at any time and undertakes to notify Users sufficiently in advance of any significant change or termination date through the App’s usual communication channels.

20. User identity verification (KYC)

To comply with the antifraud requirements of forms TRA030 and TRA040 under the CAE System, as required by the Ministry (MITECO), and to receive incentives for shared journeys and incentives generated through the “Refer a Friend” promotion, which are likewise based on recording shared journeys, Ciclogreen will require Users to validate their identity using methods that include images or video through the Didit platform (https://didit.me/es/). Didit specializes in digital identity verification and will be the controller responsible for processing your biometric data.

Didit processes your biometric data and images as an independent controller, under its own legal basis and in accordance with its Privacy Policy, available at https://didit.me/terms/privacy-policy/. To exercise your rights of access, rectification, erasure, or objection regarding data managed by Didit, contact privacy@didit.me. Ciclogreen is responsible only for the information resulting from the verification, which it processes to comply with a legal obligation under Article 6(1)(c) of the General Data Protection Regulation.