Terms of Service

The company is TGNCA s.r.o., ID: 09634231 with registered office Emilie Floriánová 810/2, 466 01 Jablonec nad Nisou, registered at the Regional Court in Ústí nad Labem under sp. zn. C 46079 (hereinafter referred to as “TGNCA”) is a company providing marketing services to legal entities or natural persons (hereinafter referred to as “customers”) consisting in targeting advertising content with the aim of increasing the turnover of the customer's e-shop (hereinafter referred to as the “Service”)

By using for the purpose of providing marketing services, you agree to the following binding commercial terms and conditions of the Service (“Terms of Service”).

Terms of account management

1. Each Customer is obliged to create a user account (hereinafter referred to as “User Account”). A user account can only be set up by a legal entity or an individual doing business.
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2. To create a User Account, you must fill in the information required by the registration form. By creating an account, the Customer simultaneously declares that they agree to these Terms of Service.
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3. The Customer declares that, as a business legal entity, he acknowledges that the provisions of Act No. 634/1992 Coll., on Consumer Protection and Act No. 89/2012 Coll., of the Civil Code, do not apply to him.
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4. The Customer further agrees that all advertising formats offered by TGNCA can be run that will bring relevant users to the Customer's online store. Furthermore, the customer gives consent to testing new advertising formats that are not yet on the official offer but which can improve the existing results.
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5. TGNCA operates marketing services that are used to present and promote products from the offered stores (hereinafter “Offers”) and the online store as such. The purpose of TGNCA is also to measure the performance of marketing activities in order to determine the amount of commission for TGNCA using third-party measurement tools and other measurement codes.
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6. The Customer acknowledges that TGNCA is not responsible for the content of the Offers made available to it by the Customer. In the event that any claims of third parties are brought against TGNCA in connection with the content of the Offers, the Customer undertakes to indemnify TGNCA without delay for any damage caused by such third party claim.
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7. The customer further agrees that the brand logo of the customer's online store may be displayed on the TGNCA website and possibly used in other promotional materials.
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8. The Customer acknowledges that the use of certain features of the Tanganica App is only possible under the Tanganica Premium subscription. If the Customer does not subscribe to Tanganica Premium, certain features will be restricted.

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Payment terms

1. Payment is made through the User Account. The minimum amount of CZK 1,000 (EUR 50) excluding VAT, which constitutes the Customer's advertising credit (hereinafter referred to as “advertising credit”), can be paid by bank transfer and/or via the Stripe payment gateway.
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2. The invoice will be sent to the Customer to his e-mail address specified during registration.
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3. After the paid amount arrives in the TGNCA account, the Customer will be credited with the recharged advertising credit in the User Account.
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4. The amount that the Customer charges as advertising credits automatically includes a commission from the generated turnover in the online store (hereinafter referred to as “commission”), to which TGNCA is entitled by agreeing with the Customer's agreement to the Terms of Service.
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5. The basic amount of the commission is 4% of the generated turnover in the Customer's online shop, only if this turnover does not exceed 1,000,000 CZK (40,000 EUR) for the given calendar month.
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6. In case of exceeding the threshold of CZK 1,000,000 (EUR 40,000) for a given calendar month, the commission on the turnover generated beyond this limit is reduced to 3%, up to CZK 2,500,000 (EUR 100,000).
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7. If the amount of CZK 2,500,000 (100,000 EUR) of the turnover generated in the Customer's shop for the given calendar month is exceeded, the commission on turnover beyond this limit is reduced to 2%.
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8. On the date of exceeding the mentioned sales limits in a given month, a percentage commission from the lower interval is still charged. The lower commission will only begin to be charged from the next day of the calendar month.
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9. Without undue delay after the creation of the user account, the Customer undertakes to provide access to the statistics of the products of the Customer's e-shop so that TGNCA can immediately begin the analysis of the optimal advertising strategy. The Customer undertakes without undue delay to TGNCA to provide a link to the product feed in XML format and to provide access to Google Analytics for the duration of the service. Data from the product feed and access to Google Analytics will only be used by TGNCA to optimize the further provision of services to the Customer.
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10. For the first 30 days after registration, no commission is included in the advertising credit and the Customer is not charged, with TGNCA conducting an evaluation of the optimal marketing strategy for the Customer. This period may be shortened or extended by mutual agreement of the Parties.
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11. The Customer may request a refund of unused advertising credit (i.e. credit charged by the Customer, does not apply to bonuses and credits charged on the basis of bonus promotions) by sending an e-mail to info@tanganica.com. In case of credit refund, TGNCA reserves the right to keep an advertising credit of CZK 1,000 in the Customer's user account, excluding VAT, representing the minimum amount of replenishment of the advertising credit. This shall not apply in the event of termination of the contract or if more than 4 calendar months have elapsed since the first launch of the advertising campaign.
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12. The advertising credit charged by the Customer is always drawn first and only after the amount recharged by the Customer is exhausted, the bonus credit begins to be drawn.
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13. Bonus advertising credit charged from various promotions funded to the Customer by TGNCA cannot be returned to the Customer's bank account or transferred to another Customer's account.
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14. Requests for a refund of the advertising credit are reset and any bonus credits that cannot be renewed will also be forfeited.
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15. In the event that the advertising credit acquires negative values, the Customer is obliged to pay this arrears within 14 calendar days from the first notice of this discrepancy by the TGNCA employee and/or by e-mail communication. For this negative value, a tax document/invoice will be issued separately, which will be delivered to the Customer in the e-mail box.
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16. The customer has the option of activating the so-called "Automatic Recharge" function. In this function, the customer inserts the payment card from which he wants to automatically top up the promotional credit. All card information is stored securely via the payment gateway. TGNCA do not have access to detailed card information. As part of this feature, the customer also selects the amount they want to automatically reload and the limit at which the promotional credit should automatically reload.

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Measuring codes (Tanganica Pixel)

1. The customer agrees to the use of Tanganica Pixel in the framework of his e-shop and at the same time agrees to the storage and processing of the data collected using this measurement code.

2. The Tanganica Pixel measurement code is found by the Customer in the application interface. This code is inserted into the HTML header before</head> the end tag. Other use can lead to incorrect operation of the measurement.

3. Tanganica Pixel uses the services of Google Tag Manager and other measurement codes of advertising systems (Google Analytics, Google Ads, Facebook Ads, Bing Ads, Sklik, etc.) and aims to measure completed orders in the e-shop and measure users for retargeting and/or for personalized advertising.

4. Tanganica Pixel does not contain harmful or otherwise hazardous elements.

5. Measuring codes of advertising systems use analytical and advertising cookies for proper functioning. The correct setting of the user consent in the cookie bar and linking the measurement code to this consent is the responsibility of the Customer.

6. The measurement code measures completed orders and their value in the online store. The value of orders is reported based on the value that the Customer sends in the data layer in the "value", "revenue", "order_total" or other variable.

7. To measure the generated turnover, the attribution model “Last click without direct visit” is used, and the attribution window is selected on the standard 30 days.

8. All known payment gateways that are not direct order sources are excluded from the customer journey within the attribution.

9. If the end customer does not allow measurement consent in the cookie bar, TGNCA will not be able to properly attribute the order to that source. In some cases, a so-called "Customer Path Modeling" may occur, which is 90% likely to correctly attribute the order source.

10. The data collected by Tanganica Pixel is fundamentally not in anyone else's hands and is only used to measure and optimize advertising campaigns.

11. Customer shall comply with all applicable laws regarding privacy and agrees to be fully responsible for any violation of such laws.

12. In reporting metrics that have a numerical value in a given monetary currency, currency conversions may occur based on the average daily exchange rate issued by the National Bank.

13. Customer acknowledges that metrics reported within the Application may not be 100% accurate due to measurement inaccuracies caused by the absence of measurement consents, ad blockers and measurement codes or other software preventing accurate measurement.

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Tanganica Premium

1. Tanganica Premium is a paid subscription within the Tanganica app that gives you access to premium features. These features are not available in the basic version of the app. Customers can take advantage of a trial period of 30 days after registering their e-shop in the app, during which they can access the premium features for free.
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2. The Tanganica Premium subscription includes the following features:
   1. Detailed statistics on products, orders, categories, traffic and competitive metrics
   2. Customized campaign budget settings
   3. Disaggregated statistics at the individual campaign level
   4. AI Content Creation
   5. AI Marketing Assistant
3. Customers can choose from two types of subscriptions:
   1. Monthly subscription fee: 19,90 EUR without VAT deducted every month
   2. Annual subscription: 198 EUR without VAT charged once a year
4. The first payment for the subscription is charged to the payment card that the Customer inserts into the application. All card details are stored securely via the Stripe payment gateway. The Tanganica app does not have access to the Customer's detailed payment card information.
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5. Subscriptions automatically renew depending on the type selected (monthly or annually). If payment cannot be made from the registered payment card, payment will be attempted from the credit in the app if it is of sufficient amount.
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6. Pokud nebude možné zpracovat opakovanou platbu za předplatné (měsíční nebo roční, dle zvoleného typu předplatného), bude předplatné pozastaveno a prémiové funkce se stanou nepřístupnými. Aplikace se pokusí platbu znovu provést každý den během následujících sedmi dnů. Pokud se ani poté platbu nepodaří strhnout, předplatné bude automaticky ukončeno.
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7. The customer can cancel the subscription at any time directly in the application in the "Recharge Credit" tab, in the "Subscription" sub-tab. After clicking on "Tanganica Premium", the option to cancel the subscription will appear. The customer has to fill in a form with a reason for cancellation.
   Premium features remain available until the end of the subscription period. The customer also has the option to renew the subscription at any time.

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Termination and suspension of services

1. The Customer and TGNCA can terminate the contract at any time without giving a reason. The notice shall be effective on the day following the delivery of the notice to the other party.
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2. The notice must be sent by registered mail to the address of the Contracting Party or to the e-mail address of the Contracting Party. TGNCA declares that on its part the e-mail address info@tanganica.com is eligible to do so. Unless otherwise specified by the Customer, his/her email address provided during registration is eligible for this purpose.
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3. If, on the effective date of the termination, the Customer has an unused advertising credit in the user account, it will be returned to the bank account from which he made the payment within 30 days.
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4. The Customer's account is deactivated on the effective date of the notice and the Customer loses access to it. On the effective date of the termination, the provision of services to the customer by TGNCA is also stopped.
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5. The customer as an entrepreneur does not have the right to withdraw from the contract within 14 days.
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6. By agreement with the Customer, TGNCA may suspend the provision of services to the Customer, and from the date of suspension of the provision of services, the advertising credit to the Customer will not be consumed. The provision of services can be resumed again only after agreement with the Customer.

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Change of Terms and Conditions

1. TGNCA reserves the right to unilaterally amend the wording of these Terms of Service at any time to a reasonable extent.
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2. The Customer will be notified of changes to the Terms of Service and their publication by e-mail, at least 1 month before the change takes effect.

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Confidential information

1. The person receiving the Confidential Information (also the “Receiving Party”) is obliged to keep and maintain the Confidential Information in strict confidentiality for the sole and exclusive purposes of the other Party (also the “Disclosing Party”), with both TGNCA and the Customer being the Receiving and Disclosing Party. The Receiving Party shall ensure that access to confidential information is restricted to its employees, suppliers and third parties as commercially reasonably practicable and shall ensure that such persons sign and observe confidentiality at least as set out in the Confidentiality Agreement, which TGNCA and the Customer shall promptly, but not later than within 7 days, upon completion of the registration for the User Closed Account ou. The receiving party shall not use any confidential information for the benefit of the receiving party, publish, copy or otherwise make available to others, without the prior written consent of the disclosing party, or permit it to be used by others for its own benefit or to the detriment of the disclosing party. The receiving Party shall provide the transmitting Party with all confidential information and all records, notes and other written, printed or material materials at its disposal relating to confidential information, if requested in writing by the Disclosing Party.
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2. Confidential information and other data may be used for the benefit of the receiving party only if the confidential information and data are provided in a completely anonymised state that makes it impossible to identify one of the parties.

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Protection of personal data/data protection

1. The privacy policy is available here: https://tanganica.com/gdpr/

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Complaints

1. The customer has the right to make a claim for billing the price of the service or for the provision of the service and TGNCA is obliged to accept this claim and deal with it.
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2. The User must file the claim without undue delay, no later than two (2) months from the date of defective provision of the service or incorrectly invoiced invoice.
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3. TGNCA is obliged to process the claim without undue delay no later than one (1) month from the date of receipt of the complaint. The Customer shall notify the Customer of the handling of the complaint via the e-mail specified by the Customer during registration.
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4. In case the claim is justified, TGNCA will issue a corrective tax document (credit note) and return the amount that was the subject of the complaint to the Customer within one month of the complaint.

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Final provisions

1. This Agreement shall be governed and construed in accordance with the laws of the Czech Republic.

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