Terms of Use

1. The Service

Inspired by the protocooperation biological model, Protocoop (Service) is an online platform aimed at uniting people (Protocooperators) exchanging services and goods without requiring money to be involved. Example: protocooperation between a teacher who gives Maths lessons to a carpenter from whom they accept wooden chairs.

By allowing the promotion and discovery of supply and demand assets (Assets) as well as communication (Conversations) between Protocooperators, the Service fosters their interaction aimed at the actual protocooperation. Consequently, it allows for the fulfilment of individual and collective human potential through the power of solidarity, mutual help and entrepreneurship.

2. General conditions

1. The interpretation of these Terms of Use (Terms) is exclusive to José Luís dos Santos Costa (Provider), sole proprietorship registered in Portugal with number 205 110 851 and address Rua D. João III, 115, HB 524, 3030-329 Coimbra, Portugal.

2. The Terms constitute a contract (Contract) between the Provider and the Protocooperator who must be of legal age, possess legal capacity to enter into contracts and act as a natural person i.e. for purposes outside their professional activity.

3. Both signing up to and using the Service require express and unconditional acceptance as well as integral compliance with the obligations that arise from the Terms and the applicable legal context by the Protocooperator. Protocooperators who do not agree with the Terms, do not commit to comply with them or do not comply with them, must not sign up to or use the Service.

4. The Provider does not get involved nor mediates the relationship between Protocooperators, regardless of whether it occurs through the service or not.

5. The Service does not guarantee the capacity of Protocooperators to fulfil protocooperation activities.

6. The Protocooperator commits to ensure their activities in the Service do not cause interference, interruption or any other form of disruption to the Service.

7. The Protocooperator undertakes to behave solely in a way that does not infringe the existing legal order nor damage, in any way, legally protected positions.

8. All Protocooperator activities and their outcomes must observe the Portuguese law and the directly applicable Community law.

9. The Protocooperator accepts sole and full responsibility for actions taken under the actual protocooperation with other Protocooperators and for the failure to comply with these Terms or the applicable law as well as for any other resulting eventuality.

10. Failure by the Protocooperator to comply with the obligations arising from the Terms gives the Provider the right to indemnification by the Protocooperator under the general law terms.

11. The Protocooperator who violates the Terms or the applicable law may be limited or excluded from the Service without notice, justification, reimbursement or indemnification.

12. The Provider is not responsible for any implicit conditions, obligations, declarations or guarantees, not excluding or limiting his responsibility in any way that makes such exclusion or limitation illegal.

13. In case of legal action relative to the Protocooperator's activities in the Service, the Protocooperator accepts sole and full responsibility, exempting the Provider from any resulting damage or cost.

14. The Protocooperator accepts that the only legally-binding version of the Terms is the one written in Portuguese and that any translations to other languages are merely informative.

15. The Provider reserves the right to, at any time and with immediate effect, change the Terms, the web pages that, under the Provider's control, they refer to, and the Service, without notice, justification, reimbursement or indemnification to the Protocooperator nor requiring the Protocooperator to reaccept the Terms. Significant changes will be communicated to the Protocooperator through the Service or their email before entering into force. If the Protocooperator does not agree with such changes, they must log in to the Service and proceed with removing their register (Account).

3. Sign-up and Account

1. Signing up to the Service is free and done via the Sign-up web page at https://www.protocoop.com/user/signingup.

2. Upon sign-up, the Protocooperator holds 1 Account. The Protocooperator cannot hold more than 1 Account.

3. The Protocooperator's Account is personal and non-transferable. The Protocooperator agrees to use the Service via their Account only, keeping its data confidential, including Service access credentials.

4. The Protocooperator accepts sole and full responsibility for actions in the Service under their Account, even if by third-parties, with or without their permission, as well as for any resulting eventuality.

5. The Protocooperator agrees to provide and keep their data truthful, up-to-date and complete, unless otherwise expressly stated in the Terms or in the Service.

4. Content

1. The Protocooperator accepts sole and full responsibility for the content (Content) published in the Service through their Account and any resulting outcome.

2. The Content must:

  1. a. Be truthful and legal;
  2. b. Not constitute, refer or allude to facts, goods or services of illicit trade, provision, contracting or use;
  3. c. Not be of discriminatory or offensive nature, nor violate or be susceptible to violate the privacy or rights of third-parties, including intellectual property rights, copyright or industrial property rights;
  4. d. Not be subject to third-party rights.

3. The Content must not violate social welfare rules nor, in particular:

  1. a. Be vulgar or offensive;
  2. b. Violate social etiquette rules;
  3. c. Promote hatred, violence, racism, xenophobia or conflicts among nations;
  4. d. Include false or dubious information;
  5. e. Include viruses or any other technology harmful to Protocooperators or the Service;
  6. f. Include pornographic, explicit or sexually objectionable material;
  7. g. Relate to morally reprehensible services, such as prostitution, pyramid schemes, usury or other forms contrary to the law or decency rules.

4. The Protocooperator guarantees the legitimacy of the protocooperations mentioned or alluded to in their Content.

5. The Provider does not guarantee the Content's authenticity and quality.

6. Content not complying with the Terms or harmful to the Service's normal operation may be edited, cancelled or deleted at any moment, without notice, justification, reimbursement or indemnification to the Protocooperator.

4.1. Assets

1. The Protocooperator may hold supply and demand Assets.

2. Publishing of assets by the Protocooperator is done automatically by the Service. The Provider does not commit to systematically verify or approve them.

3. Assets must not include, even if indirectly, covertly or manipulatively, information allowing others to contact the Protocooperator outside the Service.

4.2. Conversations

1. Protocooperators can establish conversations (Conversations) between each other. A Protocooperator establishes a Conversation whenever they:

  1. a. Initiate a Conversation with another Protocooperator;
  2. b. Read, for the first time, a Conversation another Protocooperator initiated with themselves.

2. Once a Conversation is established, the Protocooperator can read it for free e add messages up to the limit of messages per Conversation. If such limit is reached and the Protocooperators would like to continue communicating, they must initiate a new Conversation.

3. Conversations between Protocooperators are kept in the Service for the period specified in the Privacy Policy available at https://www.protocoop.com/legal/privacy/en. After such period, conversations are automatically deleted, regardless of whether they were read or not.

4. The Top-up web page, available at https://www.protocoop.com/credit/topupselecting, includes information on Conversations characteristics.

5. Credits and payments

1. A Protocooperator's Account holds a Balance (Credit Balance) of credits (Credits).

2. 1 Credit allows the Protocooperator to establish 1 Conversation. When establishing 1 Conversation, 1 Credit is debited from the Credit Balance. A Protocooperator can only establish a Conversation if their Credit Balance is positive.

3. The Credit Balance can only be topped up when it is 0.

4. Credit Balance top-up is done via payment as described on the Top-up web page.

5. Credit Balance top-up payments are not refundable.

6. The Provider reserves the right to, at any time and with immediate effect, change the rules governing Credit Balance top-ups, reflecting such changes on the Top-up web page.

7. The Protocooperator expressly acknowledges, accepts and consents that:

  1. a. The Service is integrally provided to them by the Provider from the acceptance of the Contract until the actual removal of the Account;
  2. b. The Contract is fully carried out by the Provider;
  3. c. They have no right to withdraw the Contract pursuant to Article 17 of the Decree-Law 24/2014, except in cases of nonfulfilment of the Terms by the Provider or unless otherwise provided by law.

8. Once issued, Credit Balance top-up invoices cannot be cancelled, amended or replaced.

6. Points

1. A Protocooperator's Account holds a balance (Point Balance) of points (Points).

2. The Protocooperator can generate invitation codes and send them to people who have not yet signed up to the Service. For each sign-up done with an invitation code, both the inviter and the invitee win 1 Point each.

3. Points can be exchanged for Credits as described on the Top-up web page.

4. The Provider reserves the right to, at any time and with immediate effect, change the rules governing the exchange of Points for Credits or even discontinue Points altogether, reflecting such changes on the Top-up web page.

7. Availability and changes to the Service

1. The Provider will use their human and technical resources so the Service operates correctly and flawlessly according to its availability, as described on the Availability page at https://protocoop.com/availability.

2. The Provider does not guarantee the Service to be available and error-free nor that it may not come under cyberattack or otherwise be affected by viruses or other harmful components.

3. The Provider is not responsible for any damage or cost resulting from the use of the Service, the impossibility of using the Service, or any Service-related error or failure, whether temporary or permanent.

4. The Provider reserves the right to, at any time and with immediate effect, and without obligation to give notice or provide any justification, reimbursement or indemnification to the Protocooperator:

  1. a. Change the Service's web address (URL), automatically redirecting Protocooperators to the new URL during a reasonable period of time;
  2. b. Update the Service in order to improve it or to take account of Protocooperators needs or operational, commercial or other priorities;
  3. c. Temporarily suspend the Service for technical, operational or other reasons, including causes beyond control;
  4. d. Discontinue or terminate the Service.

8. Applicable law

The present Terms are governed by the Portuguese law. Any conflict or divergence regarding their interpretation shall be submitted to the competent Portuguese court.

9. Dispute resolution

In case of dispute resolution, the Protocooperator may use the European Online Dispute Resolution (ODR) platform available at https://webgate.ec.europa.eu/odr.

To learn about the Alternative Dispute Resolution Entities consult the Consumer General Directorate website at https://www.consumidor.gov.pt.

Last update: 01/01/2020