Terms of Service
The platform www.tribery.us, its subdomains, and related applications (hereinafter, collectively the “Platform”) is managed by and is the property of TRIBERY, a public limited liability company incorporated under the laws of Belgium, with registered offices at 1080 Uccle, Chée de Drogenbos 202, Belgium, registered in the Register of Legal Entities of Brussels under number BE0755641480 (hereinafter, “TRIBERY”). TRIBERY provides online, collaborative publishing services to you through the Platform (collectively, such services, including any new features and applications, and the Platform hereinafter referred to as the “Services”).
You can contact TRIBERY via email (firstname.lastname@example.org) in case of any questions, remarks or complaints regarding the platform. TRIBERY will respond to any such communication within 5 calendar days
All information regarding the terms and conditions of the subscription is provided by the subscriptions conditions (hereinafter, the “Subscription Conditions”).
TRIBERY reserves the right, at its sole discretion, to change, add, delete, modify, adapt, improve and/or update the Platform, its mobile applications, and these ToU at any time, in order to comply with applicable legal obligations or to improve the Platform, mobile applications, or its Services, with or without notice; provided that TRIBERY will post changes to these ToU on the Platform and mobile applications and indicates the effective day thereof. Any new or modified version of these ToU will be effective upon posting, and your continued use of the Platform or mobile applications thereafter constitutes an acknowledgment of the existence of the modified ToU, their binding effect, and your obligation and agreement to comply with them. If you do not agree to abide by these or any future ToU, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly review the ToU to determine if there have been any changes.
Please read these ToU carefully as they contain important information regarding your legal rights, remedies, and obligations.
By using the Services, you represent and warrant that you have the necessary legal capacity. If you are a minor or do not have such legal capacity, you must use an account created by a parent or legal guardian, and you must have explicit permission of a parent or legal guardian to use the Services.
Article 2 – Description of the Platform
2.1. Overview of the functioning of the Platform
The Platform aims to set up a private family social network around the elderly (hereinafter, the “Recipient(s)”) by giving them the possibility to receive content shared by their relatives in the form of a monthly journal.
Tribery is a service that is composed of an app on which a family can interact (the subscriber can invite other users on the app) and upload pictures and captions. At the end of each month, the content uploaded aggregates itself in the form of a photo album that is printed and sent to a recipient ((hereinafter, the “Recipient(s)”)determined by the subscriber
Subscription to the Services (hereinafter, the “Subscription”) is carried out, for a Beneficiary, by a user (hereinafter, the “Subscriber”, who will be the subscriber of the Subscription by default, and therefore in charge of the payment of the Subscription (hereinafter, the “Subscriber”).
The family, as well as other close relations of the Beneficiary (hereinafter, the “Relatives”) are invited to connect to the Platform via their smartphone, tablet, in order to upload content in the form of photographs and text messages (hereinafter, the “Content”). The Content is subsequently given a layout and printed as a paper album (hereinafter, the “Album”), which is delivered to the Beneficiary. These services are collectively included in the definition of the “Services,” and the Relatives and Beneficiaries are collectively referred to as the “Users.”
All Users have free access to the Platform and the Services, based on the Subscription subscribed to by the Relative Subscriber. To use the free access, the Users must register on the Platform and create a Personal Account, as described below, and fully and irrevocably accept the ToU and the directives therein. In the event that the Subscription is terminated, the Users will still have free access to the Platform and the Services, but the Album will no longer be printed and delivered to the Recipient
2.2. Registration process
When you register and create a Personal Account, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use or attempt to use the Personal Account, email address, or password of any other User at any time. You are solely responsible for all activity by anyone using your Personal Account and/or password.
Once this Network is created, the Subscriber has access to the following features:
(1) communicating Content, i.e. photographs possibly accompanied by a comment with a maximum of 150 characters; and
(2) inviting various people to join the Network by creating a Personal Account, so that they become Relatives and contribute to the communication of the Content. This invitation can be done on the app through all communication applications (Facebook, Messenger, Whatsapp, email, SMS, etc.), it being understood that the number of Relatives that can be invited is unlimited.
A Relative will always hold a single Personal Account. However, any Relative may decide to constitute an additional Network for another Beneficiary. She/he will then have the capacity of the Subscriber for this additional Network. Likewise, a Relative may be invited to be part of several Networks. A Relative may therefore be required to upload content to the same Personal Account for multiple Beneficiaries. A Relative may also be the Relative Subscriber in a Network and plain Relative in another Network. All these features are available in Personal Account settings.
2.3. Communication of Content and Services
By connecting to the Platform and going to the Home Page, the Relatives have the option to:
(a) add Content to the next Journal of one or more Networks;
(b) delete the Content previously uploaded by them, it being understood that the Subscriber and the Relative Subscriber also have possibility to delete the Content uploaded by other Relatives from the Network for which they are Subscriber and/or Subscriber; (c) invite Relatives to join the Network;
(d) edit their profile picture;
(e) take charge of the payment of a Network in order to become a Relative Subscriber; and (f) cease supporting the payment of a Network, which amounts to terminating its subscription in accordance with the Subscriptions Conditions, in which case other Relatives of the Network will receive a notification to designate a new Relative Subscriber.
The Home page also informs of the number of photographs that can still be uploaded for the current month in accordance with Article 4 and the number of days remaining before the Journal is printed.
On the last day of the ongoing month, at 11:59 PM in your own time zone, as long as you have previously communicated the requested information (including banking details and delivery information), and even if the maximum number of photos for the current month has not been reached, the process of layout, printing, and mailing of the Journal is initiated.
TRIBERY undertakes to print and deliver the Journals by standard mail within 15 working days following the date specified in the preceding paragraph. In the event that a journal is not received by this deadline, TRIBERY undertakes to schedule a free reprint upon request of the User communicated to the following address: email@example.com.
2.4. Mobile Services
The Services may include certain mobile application services that are available via mobile device, including, without limitation, (i) the ability to upload Content to the Platform via a mobile device, (ii) the ability to browse the Services and the Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access the Services or Platform through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Article 3 – Use of the Platform
The Platform is intended for any natural person of legal age and capacity. The parents/guardians/curators/legal representatives who allow their minor children to access and use the Platform are solely responsible for the use of the Platform by their minor children.
The User is solely and exclusively responsible for the Content, the information, and any other elements that the User publishes by means of the Platform, submits to the Platform, or transmits to other Users, and expressly agrees not to hold TRIBERY liable for any such Content, information, and other elements whatsoever. You further expressly agree to indemnify and hold TRIBERY harmless from and against any and all claims, causes of action, demands, and all other liability with respect to any Content, information, or other elements of publication published through the Platform or the Services.
All Users who submit Content to the Platform or use the Platform or the Services in any other way undertake to respect the applicable laws and expressly agree not to:
(a) violate the rights of third parties (right to image and privacy, intellectual property rights, and all other rights);
(b) violate any applicable regulations or laws;
(c) use the Platform, the Services, or the Journal for advertising purposes or otherwise make available any unsolicited or unauthorized advertising, bulk email, promotional materials, junk email, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) conduct actions that are harmful, threatening, abusive, defamatory, denigrating, violent, akin to harassment, vulgar, obscene, hateful or incite hate, pornographic, pedophiles, child-pornographic, racially or ethically questionable, contrary to morality, or likely to undermine the respect for human beings and their dignity, as well as the protection of minors;
(e) communicate false, incorrect or misleading information or Content, or for which she/he has received compensation or consideration from a third party;
(f) impersonate any person or entity, or make a false statement or distort the links with any person or entity;
(g) falsifying headings or manipulating identifiers in order to disguise the origin of any Content;
(h) upload, post, email, transmit, or otherwise make available any Content that TRIBERY, in its sole discretion, deems to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically, or otherwise objectionable;
(i) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
(j) intimidate or harass another; or
(k) create a false identity in connection with the Platform, Personal Account, or Services.
The User guarantees that she/he has all the necessary authorizations to put the Content online and to distribute the Content.
The Users agree to comply with all reasonable guidelines or requirements, requests, or instructions from TRIBERY in connection with the Platform and the Services.
The Users are required to ensure that all information provided is accurate, complete, and kept up to date.
The User safeguards TRIBERY against any actions or complaints by third parties (including, without limitation, the public authorities) related to the Content.
Users are solely responsible for the use of the Platform and access to their own Personal Account. In that regard, Users must ensure that no other person has access to their Personal Account. In the event that the User is aware of any unauthorized accesses to the Platform or the Services with her/his Personal Account, she/he must immediately inform TRIBERY by email to the following address: firstname.lastname@example.org. TRIBERY shall not be held liable for any loss or damage that the User might suffer as a result of any unauthorized use of her/his Personal Account by others, with or without the knowledge of the User.
Article 4–TRIBERY’s rights and obligations
TRIBERY does not warrant that the Content reproduced in the Journal is of quality, complete, accurate, adequate, or reliable, nor that it complies with applicable legislation and these ToU, or that it does not violate the rights of third parties. TRIBERY expressly disclaims any and all liability for the Content and quality of content disseminated by Users through the Platform and the Services.
TRIBERY may nevertheless perform, at its sole and absolute discretion, an inspection of the Content. It reserves the right to delete any Content that violates these ToU or any applicable law or with respect to which it has received a complaint. TRIBERY may exercise this right at any time without notice and at its sole discretion.
TRIBERY may also decide not to print and deliver a TRIBERY Journal if the Content thereof violates the ToU.
TRIBERY reserves the right to cancel or suspend, at any time with or without prior notice, access to the Platform by a User in the presence of elements that indicate a possible infringement or violation of applicable legislation, the ToU, the rights of third parties, or if the relevant User causes or is likely to cause prejudice to the interests of TRIBERY, other Users, or third parties.
Regarding the Journal, TRIBERY reserves the right:
(a) not to produce a Journal for a Beneficiary in the absence of a transfer of Content by the Relatives;
(b) not to produce a Journal if the Relative Subscriber is in default of payment; (c) to reduce the size of the Beneficiary’s Journal if the communicated Content does not reach the maximum authorized by the Subscription.
Article 5–Intellectual Property Rights
5.1. Rights related to the Content
The intellectual property rights relating to the Content posted on the platform by the User remain the property of the User.
The Relative declares and guarantees that she/he has all the necessary authorizations to upload the content on the App and distribute the Content to the Recipient. The User agrees to defend and hold TRIBERY harmless against any actions by any third party claiming to have rights to the Content as well as to the Journals produced through the Platform, or alleging a violation of their right to any image.
Each User grants TRIBERY a free, irrevocable, transferable license for the entire world and for the entire legal term of protection, without this giving any right to any remuneration or benefit, on the (i) Content, as well as (ii) its image rights as embodied in the Content, for the sole purpose of the proper performance of the Services related to the Platform, namely the production and publication of the Journal for a Beneficiary. This license covers in particular all rights of reproduction, representation, communication to the public, and distribution. TRIBERY agrees that it will not use the Content for advertising purposes.
5.2. Rights related to the Platform
All elements of the Platform (including, but not limited to, the used software, source code, layout, text, logos, photographs, designs, images, sounds, databases, the name (“TRIBERY”), as well as commercial and domain names) are works protected by intellectual property rights, and in particular by copyright, trademark law, database law, design and patent law (hereinafter, collectively “Intellectual Property Rights”).
All Intellectual Property Rights are the property of TRIBERY or are incorporated into the Platform with the consent of the owner of the rights in question. All rights reserved. The intellectual property of
TRIBERY may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TRIBERY’s prior written permission under a separate agreement. All trademarks, logos, trade dress and service marks on the Platform or the Services are the sole property of TRIBERY or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TRIBERY under a separate agreement.
No part of the Platform itself, nor the data and information presented on the Platform, may be registered (other than those necessary to use the Platform) or reproduced, modified, translated, made public, distributed, rented or sold, transmitted to third parties or used in any manner whatsoever without the prior written authorization by TRIBERY.
TRIBERY grants the User a temporary, personal, worldwide, non-transferable license on the Platform, allowing him to use the latter in accordance with these ToU. The license is only granted for the sole purpose of allowing the User to use the Platform for strictly personal purposes, to the exclusion of any other purpose. The license is only granted for the duration of the use of the Platform. The license means the right to display and implement the Platform in accordance with its purpose via a connection to an electronic communications network. The User may not under any circumstances make the elements available to any third party, and strictly prohibits any other use, including, without limitation, any adaptation, modification, translation, arrangement, distribution, or decompilation. Any use foreign to its purpose or otherwise in violation of these ToU is prohibited. This prohibition applies regardless of the method of reproduction, representation, and/or modification, and regardless of the duration.
Article 6–Liability and warranty
TRIBERY shall not be held liable for any direct or indirect damage directly or indirectly resulting from access to or use of the Platform or the Services.
TRIBERY is only held by an obligation of means, particularly concerning the delays in sending out the Journals, the print quality of the Journal (which predominantly depends on the quality of Content provided by the User), and the packaging quality upon delivery.
TRIBERY ensures to communicate information that is as accurate as possible, but does not guarantee the accuracy, completeness or relevance of the information presented on the Platform and therefore shall not be held liable thereto.
TRIBERY declines any and all responsibility as to the usage which would be made, the decisions that would be taken, or actions that would be undertaken by the Users on the basis of the information made available on the Platform and shall not be held liable for the mistakes made by the User on the basis of such information.
TRIBERY also declines any and all responsibility for the direct or indirect damages that could result from inaccuracy, lack of completeness, irrelevance, omission, or negligence in the production, development, drafting, writing, and interpretation of information. TRIBERY declines any and all
responsibility in the event of deletion, non-storage, or non-transmission of information and/or Content.
The Users are required to inform TRIBERY as soon as possible of any use or risk of unauthorized use of their accounts and/or their identifiers. TRIBERY shall not be held liable for a bad selection of Relatives invited to join the Platform.
The Users expressly agree to use the Platform at their own risk and under their sole responsibility. In any case, TRIBERY will in no way be held liable for:
(a) any damage resulting from the violation of these ToU;
(b) any malfunction, unavailability of access, misuse, misconfiguration of the User’s equipment;
(c) impossibility or difficulty to use the Platform due to the use of inappropriate equipment or the use of an uncommon operating system by the User;
(d) links or external sources accessible by the User on the Platform.
TRIBERY provides the Platform “as is.” TRIBERY declines any and all liability for permanent or temporary damages or defects of computer equipment or User data during or after the use of the Platform. In particular, TRIBERY declines any and all responsibility for the possible transmission of viruses and trojans via the Platform.
Regarding the implementation of the Platform, TRIBERY uses the most modern technologies as much as possible. However, TRIBERY shall not be held liable for (temporary) breakdowns or failures or any maintenance work on or from the Platform, as well as relating to the availability, speed, safety, and reliability of the information relating thereto.
TRIBERY shall not be held liable for any possible costs or expenses (e.g. internet connection, travel, etc.) related to the Platform. The full costs for the use of the Platform are the responsibility of the User.
In case of impossibility of access to the Platform, due to technical problems or problems of any other nature, the User may not claim damages and may not claim any compensation or lost profits against TRIBERY.
The hypertext links on the Platform may refer to other websites and TRIBERY shall not be held liable for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked by TRIBERY for accuracy, completeness or compliance with applicable laws. Inclusion of any linked website on the Platform shall not imply approval or endorsement of the linked website by TRIBERY. TRIBERY shall not be held liable if the User’s visit to one of these sites causes him/her harm. If you decide to access such third party websites, you do so at your own risk.
TRIBERY IS NOT RESPONSIBLE FOR ANY CONTENT, INCLUDING CONTENT THAT VIOLATES THESE ToU OR IS OFFENSIVE, INCORRECT, OR INACCURATE, WHETHER SUCH CONDITION IS CAUSED BY USERS OF THE SERVICES, HOLDERS OF PERSONAL ACCOUNTS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. TRIBERY IS NOT RESPONSIBLE FOR
THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR HOLDER OF A PERSONAL ACCOUNT. YOU UNDERSTAND THAT THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME. TRIBERY DOES NOT ENDORSE, GUARANTEE, REPRESENT, OR WARRANT THE JOURNALS, PRODUCTS, CONTENT, OR ADVERTISEMENTS ON THE PLATFORM. TRIBERY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER CONTENT OR COMMUNICATIONS. TRIBERY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR HOLDERS OF PERSONAL ACCOUNTS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICES OR PLATFORM. UNDER NO CIRCUMSTANCES WILL TRIBERY BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES OR PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO ANY PARTY, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE SERVICES AND THE PLATFORM ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND TRIBERY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRIBERY CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICES, THE PLATFORM, OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR THE PLATFORM. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL TRIBERY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF THE SERVICES AND PLATFORM, EVEN IF TRIBERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE ToU, TRIBERY’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO TRIBERY FOR THE SERVICE DURING THE TERM OF YOUR SUBSCRIPTION OR ONE HUNDRED U.S. DOLLARS ($100).
Article 7 – Platform availability
Generally, the Platform is accessible 24/7, except for interruptions, whether scheduled or not, for maintenance purposes or in case of force majeure as defined below.
“Force majeure” shall mean, without this list being exhaustive, an order issued by the authorities, a mobilization, war, an epidemic, a lockout, a strike, a manifestation, technical defects in the transmission of communications, a flood, an explosion, a shortage of raw materials or labor, a change in global economic circumstances, an act of vandalism, exceptional weather conditions, as well as any
circumstances beyond TRIBERY’s control and disrupting the normal course of business, without TRIBERY having to demonstrate the unpredictability of those circumstances.
Article 8 – Territory
The TRIBERY Service is available in the United States. If the subscriber wishes to send the album to a different country, the subscriber can request this by writing to email@example.com.
Article 9 – Miscellaneous
TRIBERY’s failure to enforce any provision of these ToU, or lack of action against a User in the event of a possible violation of any provision of the ToU, shall not be interpreted as any waiver of any right.
If any provision of these ToU is deemed illegal, void, or unenforceable for any other reason, then that provision shall be deemed severable from the general conditions and shall not affect the validity and applicability of the remaining provisions.
The ToU are not assignable, transferable, or sub-licensable by the User himself.
Article 10 – Governing law
Except for contrary mandatory legal provisions, the ToU are governed and interpreted in accordance with Belgian legislation.
Before taking legal action, the parties shall take all reasonable steps to reach an amicable settlement of the dispute.
As part of the extrajudicial settlement of disputes, the Consumer Mediation Service set up by the Federal Government is competent in Belgium to receive any request for extrajudicial settlement of consumer disputes. You can contact the Consumer Mediation Service via the following link: https://www.consumerombudsman.be/en.
In case of cross-border litigation, consumers can turn to the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
Article 1 – General provisions
The platform www.TRIBERY.us, its subdomains, and related applications (hereinafter, the “Platform”) is managed by and is the property of TRIBERY, a public limited liability company incorporated under the laws of Belgium, with registered offices at 1080 Uccle (Belgium), Chée de Drogenbos 202, registered in the Register of Legal Entities of Brussels under number BE0755641480 (hereinafter, “TRIBERY”).
In case of questions, complaints and/or remarks regarding the Platform, you can contact TRIBERY via email to firstname.lastname@example.org, in which case TRIBERY undertakes to provide an answer within 7 calendar days.
TRIBERY reserves the right, at its sole discretion, to change, add, delete, modify, adapt, improve and/or update the Platform, its mobile applications, and these subscription conditions (hereinafter, “SC”) at any time, in order to comply with applicable legal obligations or to improve the Platform, mobile applications, or its Services, with or without notice; provided that TRIBERY will post changes to these SC on the Platform and mobile applications and indicates the effective day thereof. Any new or modified version of these SC will be effective upon posting, and your continued use of the Platform, the Services, or mobile applications thereafter constitutes an acknowledgment of the existence of the modified SC, their binding effect, and your obligation and agreement to comply with them. If you do not agree to abide by these or any future SC, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly review the SC to determine if there have been any changes.
The definitions in these SC have the meaning given to them in the ToU.
Acceptance of these SC implies that the Users have the necessary legal capacity. If the User is a minor or does not have this legal capacity, she/he declares to have the authorization of a guardian, a curator or her/his legal representative.
Article 2 – Subscriptions and payments
A single Subscription is required per Network and therefore per Beneficiary.
By default, the Relative subscribing to the Subscription, thus the Relative Subscriber, is the Subscriber, who has communicated her/his banking details upon creation of the Network on the Platform.
There are 3 types of subscriptions available to the Subscriber. These subscriptions all include the printing, shipping of one journal every month. Each journal includes the upload of up to 30 photos :
- Plan 1: $ 14.99/month billed every month, and auto renews automatically at the end of every month.
- Plan 2: $ 12.5/month on a 6-month plan, billed in a one time payment of $75 and auto-renews at the end of the 6 month period. This plan includes the printing and shipping of one free album.
- Plan 3: $11/month on a 12-month plan, billed in a one time payment of $132 and auto-renews at the end of the 12 month period. This plan includes the printing and shipping of one free album.
It is also understood that Tribery can sometimes offer Trial plans that cost $1 for the printing and shipping of the new subscriber’s first album. In the case of a subscription to a trial plan, the plan automatically renews itself at the end of the first month of usage in the monthly plan that is billed $14.99/month. The trial period is billed directly when the user subscribes to the trial plan and the new subscription will be billed on the last day of the ongoing month.
Ex : if a new subscriber purchases the Trial plan on the 15th of any given month, that trial plan will renew itself into a Monthly plan on the last day of the month.
The indicated amount of pictures to upload is available per album for all the relatives, which means the maximum amount of photos included in an album is 30. The layout, printing and mailing of the albums is included in the price for domestic US addresses (excludes Hawaii and Alaska). International shipping is an option for which the price will be determined on a case by case basis by Tribery and agreed upon by the Subscriber before Tribery ships out the album. The proposed Subscription plans are inclusive of all taxes.
TRIBERY reserves the right to modify these formulas as well as to propose additional formulas.
The payment for a Subscription subscribed by the Relative Subscriber is executed electronically on the Platform or via mobile applications (IOS). The Relative Subscriber chooses her/his method of payment at the time of communication of her/his banking details. She/he can pay by Visa, Mastercard and American Express. Payments are made through a secure SSL system (Secure payment system “Stripe” (stripe.com)).
The first payment takes place during registration. If during the online purchase process, the amount due cannot be debited from the account (insufficient balance, wrong account number, technical issue, etc.), the Subscription is considered not subscribed.
After the payment, a confirmation is automatically sent by email to the Relative Subscriber containing the details of the Subscription.
Subsequently, the amount of the Subscription is debited automatically on the first day of the following month for subscribers that have chosen Plan 1 and on the first day of the month following the end of the subscription period for people that have chosen plans 2 and 3.
The possibility to pay on the Internet does not in any way guarantee that TRIBERY’s system is foolproof, without disturbances, interruptions, or errors. TRIBERY shall not be held liable for any damage, direct or indirect, incurred by the execution of a payment on the Internet.
The Relative Subscriber undertakes to provide TRIBERY with complete banking details and to keep this information up to date in order to avoid any payment issues. Failure to pay upon due date
immediately suspends the Services. TRIBERY shall be entitled to demand the automatic termination of said contract based completely on the fault of the Relative Subscriber.
If the Relative Subscriber wishes to exercise her/his right of withdrawal, the amount paid by the Subscriber will be refunded, in accordance with Article 4, on her/his account number within 14 days of the withdrawal.
Given that the Journals are printed on the last calendar day of the month, in the event that the Relative Subscriber subscribes after the first day of the month, she/he understands and accepts that first Journal and, if applicable, the first monthly payment, will cover a period shorter than one month. This first month and/or Journal will still be billed entirely in accordance with the selected Subscription plan. For example, if the Relative Subscriber subscribes to a Subscription on the 15th of month, and if the current month has 30 days, as the printing will be initiated on the 30th of the month at 11:59 PM of her/his own time zone, the Relatives will only benefit from a period of fifteen days in order to communicate Content for the Journal that will be printed that month. Nevertheless, this Journal will be fully billed in accordance with the selected Subscription plan.
However and to make up for the fact that this initial month can sometimes be shorter than a full month, Tribery has included in its plans ways to compensate this shorter month :
- Plan 1 has its first month billed at $1 which accounts for the potential shorter duration of the month. Each subsequent month is billed at the regular rate of $14.99 as it will include a full month of subscription.
- Plan 2 includes a free month which accounts for the potential shorter duration of the month should the subscriber purchase the subscription on the 15th of the month. Example : if a subscriber purchases a 6 month subscription on March 15th, the subscriber will be debited for the total cost of a 6month subscription ($75) but will benefit from 7 albums that are printed and shipped (March, April, May, June, July, August, September). The subscription will auto-renew for a 6month plan on the 1st of October.
- Plan 3 includes a free month which accounts for the potential shorter duration of the month should the subscriber purchase the subscription on the 15th of the month. Example : if a subscriber purchases a 12 month subscription on March 15th, the subscriber will be debited for the total cost of a 6month subscription ($132) but will benefit from 13 albums that are printed and shipped (March, April, May, June, July, August, September, October, November, December, January, February, March). The subscription will auto-renew for a 12 month plan on the 1st of April of the following year.
Although plan 2 and plan 3 are billed in one lump sum on the day of the registration, the additional free album at the end of the period accounts for the shorter month when the subscriber purchases the subscription
In the event that no Content is uploaded during a month or the delivery address is not communicated, the Subscription continues and will be billed, although no Journal shall be issued. However, TRIBERY undertakes to refund this Journal upon simple request by email to the following address: email@example.com.
Article 3 – Duration and Termination
The Subscription is concluded for a period of one month for plan 1, 6 months for plan 2 and for 12 months for plan 3. At the end of the initial period, the Subscription will be tacitly and automatically renewed for a duration identical to the initial period, i.e. one month for Plan 1, 6months for plan 2 and 12 months for plan 3 as long as the Relative Subscriber has not expressed her/his intention that the Subscription will not be renewed. The Relative Subscriber can express this will in her/his user area via her/his computer, or by writing to TRIBERY at firstname.lastname@example.org, until the last day of the month following the renewal of the Subscription (i.e. until the day before the first print of the Journal linked to the renewed Subscription).
The Relative Subscriber may terminate the Subscription at any time in her/his user area via the Platform on her/his computer, or by writing to TRIBERY at email@example.com.
For Plan 1, If the subscriber cancels within 14 days of the initial order, the subscriber will be fully refunded (*pending some conditions elaborated on in article 4). Should the subscriber cancel after 14 days, the payment is non-refundable, and the service will continue until the end of that month’s billing period, which will include the printing and shipping of that month’s album.
For Plans 2 and 3, If the subscriber cancels within 14 days of the initial order, the subscriber will be fully refunded (*pending some conditions elaborated on in article 4). Should the subscriber cancel after 14 days, the payment is non-refundable, and the service will continue until the end of the contracted term (6months or 12 months), which will include the printing and shipping of all subsequent albums.
The Relatives of the Network will be notified of the end of the Subscription and will be invited to subscribe to a new Subscription.
The Subscription may also be terminated immediately without notice or compensation in the event of serious misconduct in the performance of the obligations by one of the parties. For example, in a non-exhaustive manner, the following will be qualified as serious misconduct:
- the total or partial non-payment of a Subscription’s payment by the Relative Subscriber; ● non-compliance by a User with the ToU and/or SC;
- the absence of distribution of Journals by TRIBERY for two consecutive months (except in case of force majeure).
TRIBERY may at any time terminate or suspend a Subscription or suspend access to the Platform, in, but not limited to, the following cases:
- unauthorized use, actual or suspected, of the Platform and/or Content; or ● the non-compliance by a User of the ToU and/or SC.
In the event of termination of the Subscription, by the User or TRIBERY, or in the event of suspension of a Subscription or access to the Platform by TRIBERY, TRIBERY cannot be held liable in regard to the User or the Relatives associated to the relevant Network. TRIBERY expressly reserves the right to request compensation for any possible damage that occurred.
Article 4 – Right of withdrawal
The Relative Subscriber has a legal withdrawing period of 14 days to cancel her/his Subscription. This period expires 14 days after the day of subscription to the Subscription.
In order to exercise this right of withdrawal, the Relative Subscriber must unequivocally communicate her/his willingness to exercise this right to TRIBERY. He can do so by email (firstname.lastname@example.org). In order to comply with the withdrawal period, the Relative Subscriber must send her/his communication concerning the exercise of the right of withdrawal before the withdrawal period lapses. Given that the right of withdrawal does not apply to the supply of goods produced to the consumer’s specifications or clearly personalized, the albums that have already been produced between the moment of subscription and the moment whereon the right of withdrawal was executed, remain due. Each album that falls in this category will be billed at the regular rate of $14.99 instead of any reduced rate that could be part of the 6month or 12month plan.
The Relative Subscriber will be refunded within 14 days of the day TRIBERY is informed of the User’s desire to retract, with the exception of the amounts specified in the preceding paragraph.