Terms & Conditions

The TribeUne (www.tribeune.com) platform, its subdomains, and applications, are managed by and are the property of Albums TribeUne Inc, registered in the Québec corporate registry under number 1176229491 (hereafter referred to as TribeUne).

In case of questions, remarks or complaints about the platform, you can contact TribeUne at hello@tribeune.com, in which case TribeUne undertakes to provide an answer within 5 business days.

The purpose of these Terms & Conditions is to set the conditions to subscribe to, access, and use TribeUne services. They govern the contractual relations between TribeUne and the Users. Subscription to, access, and use of the TribeUne services is subject to prior understanding and full and irrevocable acceptance of these Terms & Conditions.

Acceptance of these Terms & Conditions implies that the Users have the necessary legal capacity. If the User is a minor or does not have this legal capacity, by using the TribeUne services, they declare having the authorization of a guardian, curator or legal representative.

Information pertaining to the collection and processing of personal data is provided in the privacy policy of the platform (hereafter the “Privacy Policy”).

TribeUne reserves the right to modify and update its platform and these Terms & Conditions at any time, to improve its service and/or comply with legal obligations. Any modified version of these Terms and Conditions will be applicable from the date of its publication. Users will be notified of any substantial change; however, they are invited to regularly peruse them. Use of the platform constitutes an acknowledgement and acceptance of the prevailing Terms & Conditions.

Except for contrary mandatory legal provisions, these Terms & Conditions are governed and interpreted in accordance with Québec legislation.

Before taking legal action, the parties shall take all reasonable steps to reach an amicable settlement of the dispute.

Article 2 - Description of TribeUne services

TribeUne is a service allowing users to create a family group, where they and the family members they invite can send messages, consisting of pictures and/or text, to a relative or close friend, hereafter collectively referred to as the “Users”.

The messages will be collaged into a family album that will be printed and shipped to their loved one at the frequency described in the plan they are subscribed to.

The creation of a family group and use of the service requires a valid trial or subscription by one of the users in the group (the “Subscriber”). Other users can access the service free of charge, provided the subscription is valid and payment is up to date.

Subscribing to a paid subscription to TribeUne services allows access to the following main features:

Creation of a private family group: upon registration, a family group is created, associated with a unique family code sent to the Subscriber. This code allows other family members and relatives of the recipient to access the family space and send messages to the recipient.
Creation of a personal account: once registered, a User can create their personal account, including add their profile picture and birthday.
Inviting others to join the family space: once registered, a User can share their family code to invite other family members to their family space.
Access to the platform to send messages to the recipient: users can use the TribeUne platform to send messages, comprising pictures and/or text to the recipient, with a limitation on the number of messages depending on the subscription plan. Once this limit is reached, Users will not be able to add messages until the beginning of the following subscription cycle.
Edition and deletion of messages: a User can edit and/or delete their own messages in the platform. Users with admin privileges can edit and/or delete messages from any User in their family space.
Collation, printing, and shipping of a paper photo album to the recipient, at a frequency depending on the subscription plan. TribeUne undertakes to deliver the photo album within a maximum of 15 working days of its collation. Should the album not be received within this timeframe, TribeUne will offer a free reprint upon request.
Access to the digital photo album(s) and photo gallery from the platform.

Once the subscription expires or is terminated for any reason, Users may still be able to access the platform and send messages, but other features will be limited:

The digital and paper photo album will no longer be generated,
The paper photo album will no longer be printed and shipped to the recipient,
Users will no longer receive notifications about their family space, except those pertaining to their subscription.

Other features may be available for a limited time from the date of termination, including the possibility to access the family space and view messages.

Article 3 - Conditions of access and use of TribeUne services

TribeUne Services are intended to be used in a personal, private context, and exclusively for non-commercial purposes. Users are prohibited from using the Services for any commercial, advertising, or political purpose.

Every User is solely responsible for the content that they make accessible, whether through the platform, emails, or content stored on user accounts. TribeUne has no control over the content published by Users on the platform.

Users are solely responsible for the use they make of the TribeUne services, and cannot hold TribeUne responsible for claims and/or procedures against them pertaining to the use of TribeUne services. Furthermore, Users agree to accept and undertake as their personal case any claim, demand or dispute and, more generally, any proceedings against TribeUne emanating from a third party related to the Users’ use of the services.

Users are solely responsible for the content and information they submit or publish on the platform, and agree to not hold TribeUne liable in any way for the content and information submitted or published on the platform. In particular, Users commit to:

Communicate sincere, accurate, and up-to-date information.
Respect applicable laws, and not to violate the rights of third parties, including but not limited to privacy and intellectual property rights.
Not conduct any actions that would be contrary to prevailing laws and regulations, including but not limited to content that would be harmful, abusive, hateful, obscene, pornographic, discriminatory, inciting hatred, violence or terrorism, undermining the respect for people and their dignity, or otherwise contrary to morality.
Respect the confidentiality of other Users of the platform.

Users explicitly safeguard TribeUne against any litigation, actions or complaints by third parties, including public authorities, related to the content. The Subscriber is guarantor with regard to TribeUne in respect of the above obligations being respected by Users in their family group.

Users are invited to alert TribeUne if they discover content that infringes on these Terms & Conditions or applicable laws and regulations, and to report any abuse by writing to TribeUne at the following address: hello@tribeune.com, providing the information enabling TribeUne to identify the fraudulent or illegal activity or content.

Users are solely responsible for the use of the TribeUne platform and access to their personal account. In this regard, Users must ensure that no other person or party has access to their Personal Account. In the event that the User is aware that another person accesses the platform with their Personal Account, they should immediately contact TribeUne by email to the following address: hello@tribeune.com.

TribeUne cannot be held responsible for any damage or loss Users would suffer resulting from unauthorized or fraudulent use of their account or their access to the platform, including without their knowledge.

Article 4 - Availability

Access to TribeUne services requires a personal computer, phone, or tablet, with an Internet connection and browsing software. Procuring these is the sole responsibility of the User.

TribeUne services are in principle available twenty-four hours a day, seven days a week. However, TribeUne reserves the right to make the service unavailable or suspend access, without notice or compensation, to:

Realize maintenance operations
Realize operations aiming at modifying and/or improving the TribeUne services and/or technical platform. TribeUne undertakes that these will not result in price increases, loss of functionality or deterioration of the quality of TribeUne services.

Users release TribeUne from any related liability and waives resulting claims and proceedings.

As much as possible, and unless they arise from an emergency and/or their nature dors not allow TribeUne to notify Users, Users will be notified about these temporary interruptions.

Furthermore, TribeUne is not responsible for Users’ connection, or hardware of software compatibility. The User is solely responsible for the adequacy of the Services to their needs and the compatibility of their own connection, hardware and software.

Article 5 - TribeUne’s rights and obligations

TribeUne does not warrant that the content reproduced in the Album is accurate, complete, adequate, reliable, or of quality, nor that it complies with these Terms and Conditions or applicable laws and regulations. Furthermore, TribeUne does not warrant that the content does not infringe on the rights of any third party. TribeUne expressly disclaims any and all liability for the Content and quality of content disseminated by Users through the Platform and the Services.

TribeUne may however inspect the content at its sole discretion, and reserves the right to delete any Content that is suspected of violating applicable laws and regulations, these Terms & Conditions, or third party rights, or about which it has received a complaint, and may exercise this right at its sole discretion, at any time, and without notice. TribeUne may opt not to print and deliver an album if its content is suspected of violating the Terms & Conditions, applicable laws and regulation, or third party rights.

TribeUne 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. TribeUne declines any and all responsibility for the possible transmission of viruses and trojans via the Platform.

TribeUne reserves the right to suspend or terminate a User’s access to the platform at any time if it suspects infringement to applicable laws and regulations, these Terms & Conditions, or third party rights, or if the User is deemed likely to cause harm or prejudice to TribeUne, other Users or third parties and their interests.

TribeUne reserves the right to not create, print, and deliver an album if no content has been provided by Users for the relevant period or if the subscription is not up to date.

Furthermore, TribeUne reserves the right to reduce the size of an album if the content provided is below the maximum authorized in the subscription.

Article 6 - Intellectual Property

6.1 - Rights related to the Content

Intellectual property rights pertaining to the content posted by Users remain their property. By posting content, Users declare that they have all the necessary rights and authorizations to publish and distribute it online, and explicitly safeguard TribeUne against any action or claim by third parties claiming to have rights on the content and its distribution, or that their right to image or privacy have been infringed upon.

Each User individually grants TribeUne the right to reproduce and publish the content they publish on the platform in relation to provision of the TribeUne services. In particular, this encompasses the rights of reproduction, publication, communication, and distribution to produce and publish the Album to its recipient(s).

6.2 - Rights related to the Platform

The TribeUne websites, application, and all of its content (images, text, illustrations, videos, software, source code, databases, trademarks, etc.) belong to TribeUne and/or its partners, with the exception of content provided by Users. All the aforementioned elements are the sole property of TribeUne and are protected by intellectual property rights and copyright and database law.

Any reproduction, use, adaptation, translation, or representation, in any form, partial or total, of this content is strictly prohibited, except with prior written authorization from TribeUne. TribeUne grants Users a non-exclusive right to use its websites, software, and content, as and to the extent necessary for their use of TribeUne services for personal purposes, in accordance with these Terms & Conditions. This license is only granted for the duration of the use of the Platform, and only so long as Users have a valid subscription. Users may not make any of this content available to a third party under any form whatsoever.

Article 7 - Duration, renewal, termination, fees, fee payment

7.1 - Duration

The subscription is taken for a fixed term, the duration of which is indicated at the moment of the subscription, ranging from one month to one year.

Special offers and plans, for a trial or discovery of TribeUne services, which may or may not be temporary in nature, may be offered through the TribeUne website or any of its partners and/or affiliates.

Unless otherwise indicated, these trial or discovery offers will be subject to these Terms & Conditions and will be limited to a single registration (for the same Internet Protocol address and/or email address and/or recipient).

7.2 - Renewal

Unless terminated by TribeUne or the Subscriber under the conditions of article 7.3 - Termination, the subscription is tacitly renewed at the end of the billing period.

The rate in effect at the date of renewal for the subscription concerned will be fully applicable to the Subscriber, provided that the new rate has been sent to the Subscriber under the conditions set out on Article 7.4 - Fees below.

Unless otherwise indicated on the Site and unless terminated by the Subscriber under the conditions of Article 7.3 Termination, any offer for a trial or discovery of TribeUne services is converted into a paid subscription, in accordance with the duration and fees indicated in the offer.

7.3 - Termination

7.3.1 - Termination initiated by the User

To cancel his or her subscription, the Subscriber must provide notification by email at hello@tribeune.com, or from his account on the platform.

The termination will be effective at the end of the current subscription period, provided that notification has been provided at least 72 (seventy-two) hours before the end of the subscription period, and until the end date and time indicated on the Subscriber's account for a trial or discovery offer, unless otherwise indicated on the Site.

The subscription is fully renewed if the user does not comply with these notification deadlines. Termination does not result in a refund of the subscription fee; all the amounts paid under the subscription will remain permanently acquired by TribeUne.

A Subscriber may terminate their subscription, without notice or any right to compensation on the part of TribeUne, in the event of a serious breach of TribeUne’s obligations as defined in these Terms and Conditions.

7.3.2 - Termination initiated by TribeUne

TribeUne reserves the right to suspend or terminate access of a User and/or Subscriber to TribeUne services, without notice or indemnity, and without prejudice to the damages that may be solicited by TribeUne, in cases of:

Non-compliance with these Terms and Conditions, applicable law or regulation, or intellectual property rights, included but not limited to the intellectual property rights of TribeUne and/or its licensor,
The provision of erroneous or false information while registering with TribeUne services,
Unauthorized use, actual or suspected, of the platform and/or content,
Failure to pay the fee for the User’s TribeUne subscription in part or totality,
Attempts to circumvent technical protection and security measures put in place by TribeUne.

The Subscriber is solely responsible for the use made of TribeUne services by the members of their family and the recipient of their album, and Users cannot contest the suspension or termination of access to the TribeUne services by claiming the non-compliance was committed by another member of their group of User or the recipient of the services.

Users in the user group of a Subscriber who has been suspended or terminated will not have access to TribeUne services, without any right to claim any liability of or compensation from TribeUne.

7.4 - Fees

Fees for TribeUne services are indicated on the subscription page of the application, and displayed on the website in the currency of the recipient’s country of residence.

TribeUne reserves the right to change the fees applicable to each subscription plan. The rate applicable to the Subscriber is the rate in effect on the day of entering into or renewing the subscription. In the event of a change in fees, TribeUne will inform each Subscriber about the change at least 15 (fifteen) days prior to the change coming into force, by sending an email to the address provided by the Subscriber when registering for TribeUne services, or the one provided by them while modifying their account after that date. A Subscriber is free to not renew their subscription; this termination becomes effective from the date of the next subscription deadline, as indicated in 7.3 - Termination above. Otherwise, the new pricing will be in force as of the next subscription deadline following the change in fees.

Telecommunications and connection costs related to the use of TribeUne services are not supported by TribeUne, and are the sole responsibility of the User.

7.5 - Fee payment

Payment for the subscription is handled through the TribeUne platform, via TribeUne’s chosen payment provider Stripe. TribeUne does not store bank or credit card details of the Subscriber. The guarantees provided to Subscribers are identical to those provided by the aforementioned payment provider to TribeUne.

The digital records stored by TribeUne and its partners under reasonable conditions of safety will be considered as proof of communications, order, and payment between the Subscriber and TribeUne.

The Subscriber can consult the policies, including the privacy policy, of Stripe, on the Stripe website: https://stripe.com/

Article 8 - Territory

TribeUne services are available in Canada and the United States.