General Terms and Conditions

Introductory provisions

  1. TGNCA s.r.o., ID No.: 096 34 231, with its registered office at Emilie Floriánové 810/2, 466 01 Jablonec nad Nisou, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, file No. C 46079 (hereinafter referred to as “TGNCA”), issues these general terms and conditions (hereinafter referred to as the “Terms”).
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  2. The Service means the provision of marketing services to entrepreneurs (hereinafter referred to as the “Customer”) consisting of targeting advertising content to increase the turnover of an e-shop and analysing its performance (hereinafter referred to as the “Services”). The Services are, as a rule, provided through TGNCA’s proprietary application Tanganica (hereinafter referred to as the “Application”).
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  3. The Terms become part of the arrangement (contract) between TGNCA, as the provider, and the Customer upon the Customer’s expression of consent when creating a User Account (as defined below), at the latest at the moment the first Service is provided.
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  4. The provision of the Services without binding acceptance of these Terms is excluded. If you do not agree with the Terms, you may not use the Services or the Application.
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  5. Terms defined in these Terms include, depending on the context, both the singular and the plural.
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User account

  1. Each Customer is obliged to create their own user account (hereinafter referred to as the “User Account”). To set up a User Account, it is necessary to complete the information required in the registration form.
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  2. Due to the business nature of the Services, a User Account may only be created by an entrepreneur under valid and effective legislation. If a consumer creates a User Account, it is deemed that they entered into it in connection with their future business activity. If TGNCA finds out that the account is being created or used by a consumer, TGNCA is entitled to suspend or cancel the account and/or withdraw from the contract.
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  3. Within the Services, TGNCA operates marketing activities that serve to present and promote products from the stores offered (hereinafter referred to as “Offers”) and the online store as such. The aim of the Services also includes measuring the performance of marketing activities in order to determine the amount of TGNCA’s commission using third-party measurement tools and other tracking codes.
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  4. The Customer acknowledges that TGNCA is not responsible for the content of the Offers that was made available to it by the Customer. Should any third-party claims be raised against TGNCA in connection with the content of the Offers, the Customer undertakes to indemnify TGNCA without undue delay for any damage caused by such a third-party claim.
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  5. The Customer further agrees that all advertising formats offered by TGNCA which bring relevant users to the Customer’s online store may be launched. The Customer also consents to the testing of new advertising formats that are not yet part of the official offering but which may improve the current results.
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  6. The Customer further agrees that the brand logo of the Customer’s online store may be displayed on TGNCA’s website and may be used in other promotional materials.
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  7. The Customer acknowledges that the use of certain Services is only possible with a Tanganica Premium subscription. If the Customer does not take out the Tanganica Premium subscription, some features will not be available.
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  8. The Customer acknowledges that TGNCA cooperates with the FairMedia agency, which helps Customers with the initial setup. It is therefore possible that the partner agency will contact the customer to help with setting up advertisements within the Services.
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  9. TGNCA primarily uses data provided by the Customer. However, the Customer acknowledges that certain features may use data provided by third parties. This applies in particular, but not exclusively, to the Diagnostics → Competition Overview feature, which displays information obtained through a third-party service. TGNCA bears no responsibility for the completeness, accuracy or currentness of such data.
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  10. TGNCA is not liable to the Customer or any third parties for any damage arising in connection with the use of the Application or the provision of the Services, including material damage, non-material damage, lost profit, loss of data, loss of business opportunities, or damage suffered by the Customer’s own customers. TGNCA’s total liability for damage arising in connection with the Application or the Services is excluded to the maximum extent permitted by law.
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  11. If any third party asserts a claim against TGNCA for damages in connection with the Customer’s conduct, in particular as a result of a breach of these Terms, legal regulations or an infringement of third-party rights, the Customer is obliged to indemnify TGNCA in full and release TGNCA from such debt, including legal representation costs.
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Tracking codes (Tanganica Pixel)

  1. The Customer agrees to the use of the Tanganica Pixel within its e-shop and also consents to the storage and processing of data collected using this tracking code.
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  2. The Customer can find the Tanganica Pixel tracking code in the Application interface. This code is inserted into the HTML header before the closing </head> tag. Any other use may lead to the tracking malfunctioning.
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  3. The Tanganica Pixel uses the services of Google Tag Manager and other tracking codes of advertising systems (Google Analytics, Google Ads, Facebook Ads, Bing Ads, Sklik, etc.). Its purpose is to measure completed orders in the e-shop and to measure users for retargeting and/or for personalised advertising.
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  4. The Tanganica Pixel does not contain any malicious or otherwise dangerous elements.
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  5. The tracking codes of advertising systems use analytical and advertising cookies for their proper functioning. Correctly setting up user consent in the cookie bar and linking the tracking code to such consent is the Customer’s responsibility. The rules for processing users’ personal data in connection with the Tanganica Pixel are set out in separate personal data processing and cookie principles, which form part of these Terms.
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  6. If the end customer does not grant consent to measurement in the cookie bar, TGNCA will not be able to correctly attribute the order to the relevant source. In some cases, so-called “customer journey modelling” may take place.
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  7. The Customer acknowledges that all data displayed in the Application may not be complete, regardless of a correctly set tracking code or a functioning cookie bar.
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  8. The tracking code measures completed orders and their values in the online store. The order value is reported based on the value sent by the Customer in the data layer in the variable “value”, “revenue”, “order_total” or in another variable.
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  9. The attribution model used to measure generated turnover is “Last click excluding direct visits” in combination with assisted conversions (Tanganica Data-driven), and the attribution window is set to the standard 30 days.
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  10. All known payment gateways that are not a direct source of orders are excluded from the customer journey for attribution purposes.
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  11. The Customer undertakes to provide TGNCA with a link to the product feed in XML format and to install the Tanganica Pixel tracking code without undue delay. The data from the product feed and from the tracking code will be used by TGNCA exclusively to optimise the further provision of the Services to the Customer.
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  12. Customers using the Shopify platform may, instead of manually uploading the product feed in XML format and instead of manually installing the tracking code, use the direct integration with the Shopify service, if such integration is available in the Application. Through the Shopify integration, the online store can be connected to the Application, product data can be uploaded and the tracking code can be set up directly within the Shopify platform.
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  13. The data collected using the Tanganica Pixel does not, as a rule, fall into the hands of third parties and is used solely to measure and optimise advertising campaigns. This does not, however, affect the transfer of hashed data to providers of tracking scripts, e.g. Google Tag Manager, for further processing and to ensure the proper functioning of the Services.
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  14. The Customer is obliged to comply with all applicable personal data protection laws and agrees to bear full responsibility for any breach of such laws.
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  15. When reporting metrics that have a numerical value in a given currency, currency conversions may take place.
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  16. The Customer takes into account that the metrics reported in the Application may not be 100% accurate due to measurement inaccuracies caused by the absence of consent to measurement, ad blockers and tracking-code blockers, or other software preventing accurate measurement.
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Tanganica Premium subscription

  1. Tanganica Premium is a paid subscription within the Application that provides access to premium features. These features are not available in the basic version of the Application.
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  2. The Tanganica Premium subscription includes the following features:
    • Detailed statistics for products, orders, categories, traffic and competitive metrics
    • Individual campaign budget settings
    • AI Tools
    • Diagnostics
    • Social Networks
    • Product Editor
    • AI Support
    • Emailing
      The range of features may change. Not all services may be available at all times.
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  3. The Customer may use a 7-day trial period if they are entitled to it. The entitlement does not arise if the Customer has already used it in the past, even partially.
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  4. The trial period is activated by saving a payment card, which serves to verify the payment method and subsequently activate the subscription once the trial period ends.
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  5. After 7 days, the trial period automatically converts into a paid subscription, and the corresponding amount will be charged to the saved payment card in line with the current price list. The Customer may cancel the trial period at any time in the Application under “Subscription → Overview”.
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  6. After clicking on “Cancel subscription”, the option to cancel the subscription is displayed, conditional on filling in a short form with the reason for cancellation. If the Customer cancels the trial period before it expires, nothing will subsequently be charged to them.
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  7. Before activating the trial period, the Customer chooses the type of subscription:
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    a) monthly subscription, in the amount according to the current price list charged monthly; or
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    b) annual subscription, in the amount according to the current price list charged annually.
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  8. The first subscription payment is charged to the payment card that the Customer saves into the Application.
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  9. All card details are securely stored through the Stripe payment gateway. The Application does not have access to detailed information about the Customer’s payment card.
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  10. The subscription renews automatically depending on the chosen type (monthly or annually).
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  11. If a subscription payment cannot be processed, even repeatedly, the subscription will be suspended and premium features will be interrupted. The Application will attempt to charge the payment again each day for the following five days. If the payment still cannot be charged, the subscription will be automatically terminated.
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  12. The Customer may cancel the subscription at any time directly in the Application in the “Subscription” tab, under the “Overview” sub-tab. After clicking on “Cancel subscription”, the option to cancel the subscription is displayed. The Customer must fill in a form with the reason for cancellation. Premium features remain available until the end of the prepaid period. The Customer is also able to reactivate the subscription at any time.
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  13. If the Customer requests a refund for an already paid subscription (the current prepaid period), TGNCA may do so solely at its discretion. As a general rule, however, the amount will not be refunded but instead converted into bonus credit in the Application (hereinafter referred to as “bonus credit”). The Customer may use the bonus credit to finance advertising campaigns within the Application.
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  14. The Customer acknowledges that selected features within Tanganica Premium, in particular features using artificial intelligence (hereinafter referred to as “AI features”), are provided on a usage-based principle. The extent of use of the AI features is measured through prepaid credits allocated to the Customer within each prepaid period. The amount of prepaid credits depends on the chosen type of subscription. Prepaid credits are renewed at the beginning of each new prepaid period.
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  15. If the prepaid credits are exhausted, further use of the AI features may be charged from the Customer’s advertising credit, but only based on the Customer’s prior consent granted in the given prepaid period. Without such consent, AI features beyond the prepaid credits will not be available.
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Payments, commissions, automatic top-up

  1. Payment is made through the User Account. The minimum payment amount is EUR 50 excluding VAT, which represents the Customer’s advertising credit (hereinafter referred to as “advertising credit”). The amount can be paid by bank transfer or through the Stripe payment gateway.
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  2. An invoice (tax document) for the payment made will be sent to the Customer to the e-mail address specified upon registration or to the billing e-mail address entered.
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  3. Once the paid amount is received in TGNCA’s account, the advertising credit will be credited to the Customer, at the latest within 5 business days.
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  4. TGNCA’s claim to a commission from the turnover generated in the online store (hereinafter referred to as the “commission”) is automatically satisfied from the advertising credit, which the Customer agrees with. For the avoidance of doubt, the commission claim cannot be satisfied from the bonus credit, unless TGNCA determines otherwise.
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  5. The commission amounts to:
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    a) 5% of the turnover generated in the Customer’s online store, which does not exceed the amount of 40,000 EUR (or the equivalent in another currency) in the given calendar month;
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    b) 4% of the turnover generated in the Customer’s online store, which exceeds the amount of 40,000 EUR (or the equivalent in another currency) but does not exceed the amount of 100,000 EUR (or the equivalent in another currency) in the given calendar month; and
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    c) 3% of the turnover generated in the Customer’s online store, which exceeds the amount of 100,000 EUR (or the equivalent in another currency) in the given calendar month.
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  6. For the purposes of calculating the commission, turnover means the turnover achieved in the Customer’s online store for the relevant calendar month, whereby:
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    a) if the Customer is a VAT payer, the turnover is determined based on amounts including VAT, and
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    b) if the Customer is not a VAT payer, the turnover is determined based on amounts excluding VAT.
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    VAT at the statutory rate will be added to the remuneration (commission) calculated in this way, since TGNCA is a VAT payer.
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  7. The lower commission rate will automatically be charged for each subsequent order whose amount exceeds the relevant threshold in the given calendar month.
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  8. If the advertising credit becomes negative, the Customer is, without further ado, obliged to settle the amount within 14 calendar days of the first request for payment made by TGNCA; for these purposes, any bonus credit is not counted towards the advertising credit. A separate invoice (tax document) will be issued for the outstanding amount and, once issued, will be sent to the Customer. However, the invoice does not serve as a request for performance; the due date of the outstanding amount is not conditional on the sending of the invoice.
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  9. A negative advertising credit may arise in particular as a result of charging the commission or fees for orders placed within the attribution window, even after advertising campaigns have been paused. Therefore, if an order is placed that is attributed, under the attribution model, to advertising run through the Tanganica platform, a corresponding fee may be charged for that order, which may result in a negative balance.
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  10. The Customer may request a refund of any unused advertising credit (i.e. credit topped up by the Customer; this does not apply to bonuses and credits obtained based on bonus promotions, or as compensation for a refunded subscription) by sending an e-mail to info@tanganica.com.
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  11. For all payments, the advertising credit topped up by the Customer is used first, and only after the amount topped up by the Customer has been exhausted does the bonus credit start being used.
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  12. The bonus credit cannot be refunded to the Customer’s bank account nor transferred to another account of the Customer.
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  13. By requesting a refund of the advertising credit, all accrued bonus credits also expire and cannot be restored.
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  14. The Customer has the option to activate the so-called “Automatic Top-Up” function. Within this function, the Customer enters a payment card from which they want to automatically top up the advertising credit. Within this function, the Customer also selects the amount to be topped up and the threshold at which the credit will be automatically topped up.
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  15. The automatic top-up function can be activated in two ways. The first is within the initial onboarding wizard, where the Customer selects the auto-top-up amount, with the default top-up threshold set at EUR 10. The second option is activation in the Application under “Credit Top-Up → Automatic Top-Up”, where the Customer is also able to switch the function on. In both cases, the Customer is able to adjust the set values – i.e. the top-up amount and the top-up threshold – at any time according to their own needs, directly in the Application under “Credit Top-Up → Automatic Top-Up”.
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Complaints

  1. The Customer has the right to file a complaint regarding the invoicing of the Service price or the provision of the Service. TGNCA is obliged to assess the complaint.
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  2. The Customer must file a complaint without undue delay, at the latest within 30 calendar days from the date of defective provision of the Service or the incorrect invoicing.
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  3. TGNCA is obliged to assess and handle the complaint without undue delay, at the latest within 2 months of its receipt. TGNCA handles the complaint by:
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    a) granting the complaint and remedying the defective performance in the manner chosen by the Customer or in another manner under the law; or
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    b) rejecting the complaint and informing the Customer by e-mail.
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Termination and suspension of services

  1. Both the Customer and TGNCA may terminate the contract at any time by notice without giving a reason. The notice takes effect on the day following delivery 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 contracting party’s e-mail address. TGNCA declares that the e-mail address info@tanganica.com is authorised for this purpose on its side. Unless the Customer specifies otherwise, the e-mail address provided upon registration or within the User Account is authorised for this purpose.
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  3. If, as at the effective date of the termination, the Customer has any unused advertising credit on their user account, it will be refunded to them within 30 days to the bank account from which the payment was made. The bonus credit is not refunded.
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  4. The user account is deactivated on the effective date of the termination, and the Customer loses access to it. The provision of services to the Customer by TGNCA is also stopped on the effective date of the termination.
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  5. Any claims of the Parties acquired up to the effective date of termination are not extinguished by the notice.
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  6. By agreement with the Customer, TGNCA may suspend the provision of the Services, whereby from the date of suspension of the provision of services, the Customer’s advertising credit is not consumed. The provision of services can only be resumed again by agreement of the Parties.
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Confidential information

  1. The person receiving 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”), whereby both TGNCA and the Customer act as both the receiving and the disclosing party.
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  2. The Receiving Party shall ensure that access to confidential information by its employees, suppliers and third parties is restricted to the extent commercially reasonable, and shall ensure that such persons sign and observe confidentiality at least as set out in these Terms or in any other agreement or contract between the parties.
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  3. The Receiving Party must not, without the prior written consent of the Disclosing Party, use any confidential information for the Receiving Party’s benefit, disclose, copy or otherwise make it available to others, nor allow its use by others for its benefit or to the detriment of the Disclosing Party.
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  4. The Receiving Party shall provide the Disclosing Party with all confidential information and all records, notes and other written, printed or tangible materials in its possession that relate to the confidential information, if so requested in writing by the Disclosing Party.
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  5. Confidential information and other data may be used for the benefit of the Receiving Party only if such confidential information and data are in a fully anonymised state that prevents the identification of either party.
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Personal data protection / data protection

The personal data protection and cookie policy automatically forms part of the contract concluded with the Customer; it is available here: https://www.tanganica.com/en/data-privacy-gdpr
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Final provisions

  1. These Terms and the contractual relationship between the parties are governed by and interpreted in accordance with the laws of the Czech Republic.
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  2. TGNCA reserves the right to unilaterally change the wording of these Terms at any time to a reasonable extent.
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  3. The Customer will be informed of changes to the Terms and their publication by e-mail.
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  4. In the case of e-mail notification, it is deemed delivered at the moment it is sent to the e-mail address provided by the Customer. It is the Customer’s responsibility to keep this address functional and up to date.

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