General Terms and Conditions

Introductory provisions

  1. The company TGNCA s.r.o., ID: 096 34 231, with its registered office at Emilie Floriánové 810/2, 466 01 Jablonec nad Nisou, entered in the Commercial Register kept by the Regional Court in Ústí nad Labem, file number C 46079 (hereinafter referred to as “TGNCA”), issues these general terms and conditions (hereinafter referred to as the “Conditions”).
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  2. The Service means the provision of marketing services for entrepreneurs (hereinafter referred to as the “Customer”) consisting in targeting advertising content in order to increase the revenue of an online store and the analytics of its performance (hereinafter referred to as the “Services”). The Services are in principle provided through the proprietary Tanganica application (hereinafter referred to as the “Application”).
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  3. The Conditions become part of the arrangement (contract) between TGNCA, as the provider, and the Customer by the Customer’s expression of consent when creating the User account (as defined below), at the latest at the moment of provision of the first Service.
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  4. The provision of the Services without binding acceptance of these Conditions is excluded. If you do not agree with the Conditions, you may not use the Services and the Application.
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  5. Terms defined in these Conditions include, depending on the context, both the singular and plural.
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User account

  1. Each Customer is obliged to create its own user account (hereinafter referred to as the “User account”). In order to set up a User account it is necessary to fill in the information required by the registration form.
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  2. With regard to the entrepreneurial nature of the Services, a User account may be set up only by an entrepreneur under the valid and effective legislation. If a User account is set up by a consumer, it shall be deemed that it has been concluded in connection with his or her future entrepreneurial activity. If TGNCA discovers that the account is being set up or used by a consumer, TGNCA shall be entitled to suspend or cancel the account and/or withdraw from the contract.
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  3. Within the scope of the Services, TGNCA carries out marketing activities which serve for the presentation and promotion of products from the offered shops (hereinafter referred to as the “Offers”) and of the online store as such. Another purpose of the Services is to measure the performance of marketing activities for the purpose of determining the amount of the commission for TGNCA by means of measuring tools of third parties and other measurement codes.
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  4. The Customer acknowledges that TGNCA is not liable for the content of the Offers which has been made available to it by the Customer. In the event that any claims of third parties are asserted against TGNCA in connection with the content of the Offers, the Customer undertakes without delay to indemnify TGNCA for any loss caused by such asserted claim of a third party.
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  5. The Customer further agrees that all advertising formats offered by TGNCA, which will bring relevant users to the Customer’s online store, may be launched. The Customer further gives consent to the testing of new advertising formats which are not yet in the official offer but which may improve the existing results.
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  6. The Customer further agrees that the logo of the brand of the Customer’s online store may be displayed on TGNCA’s websites and, where appropriate, used in other promotional materials.
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  7. The Customer acknowledges that the use of some Services is possible only under the Tanganica Premium subscription. If the Customer does not use the Tanganica Premium subscription, some functions will not be available.
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  8. The Customer acknowledges that TGNCA cooperates with the agency FairMedia, which assists Customers with the initial setup. It is therefore possible that the partner agency will contact the Customer for the purpose of assisting with setting up advertising within the scope of the Services.
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  9. TGNCA primarily uses data provided by the Customer. However, the Customer acknowledges that selected functions may use data provided by third parties. This applies in particular, though not exclusively, to the Diagnostics → Competitor overview function, which displays information obtained through a third-party service. TGNCA bears no liability for the completeness, accuracy or timeliness of such data.
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  10. TGNCA shall not be liable to the Customer or to third parties for any loss arising in connection with the use of the Application or the provision of the Services, including property damage, non-property damage, loss of profit, loss of data, loss of business opportunities or damage incurred by the Customer’s customers. TGNCA’s total liability for loss arising in connection with the Application or the Services is excluded to the maximum extent permitted by legal regulations.
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  11. If a third party claim for compensation of loss arises against TGNCA in connection with the conduct of the Customer, in particular as a result of a breach of these Conditions, legal regulations or an infringement of third-party rights, the Customer shall be obliged to compensate such loss to TGNCA in full and to discharge TGNCA from such liability, including the costs of legal representation.
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Measurement codes (Tanganica Pixel)

  1. The Customer agrees to the use of Tanganica Pixel within its online store and at the same time agrees to the storage and processing of data collected by means of this measurement code.
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  2. The Customer will find the Tanganica Pixel measurement code in the interface of the Application. This code is inserted into the HTML header before the closing </head> tag. Any other use may lead to incorrect functioning of the measurement.
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  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.). Its purpose is to measure completed orders in the online store and to measure users for retargeting and/or for personalised advertising.
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  4. Tanganica Pixel does not contain harmful or otherwise dangerous elements.
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  5. The measurement codes of advertising systems use analytical and advertising cookies for their proper functioning. The correct setting of user consent in the cookie banner and the linking of the measurement code to such consent is the responsibility of the Customer. The rules for the processing of users’ personal data in connection with Tanganica Pixel are set out in separate principles on the processing of personal data and the use of cookies, which form part of these Conditions.
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  6. If an end Customer does not allow consent for measurement in the cookie banner, TGNCA is not able to correctly attribute the order to the relevant source. In some cases so-called “customer journey modelling” may occur.
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  7. The Customer acknowledges that all data displayed in the Application may not be complete irrespective of the correctly set measurement code or a functioning cookie banner.
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  8. The measurement code measures completed orders and their values in the online store. The value of orders is reported on the basis of the value which the Customer sends in the data layer in the variable “value”, “revenue”, “order_total” or in another variable.
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  9. For the measurement of generated revenue, the “Last click non-direct” attribution model is used 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 which are not a direct source of orders are excluded from the customer journey within the attribution.
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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 measurement code without undue delay. TGNCA shall use the data from the product feed and from the measurement code solely for the purpose of optimising further provision of services to the Customer.
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  12. Data collected by means of Tanganica Pixel does not, as a rule, pass into the hands of third parties and is used only for measuring and optimising advertising campaigns. This is without prejudice to the transfer of hashed data into the hands of the providers of measurement scripts, such as Google Tag Manager, for the purpose of further processing and ensuring the proper functioning of the Services.
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  13. The Customer is obliged to comply with all applicable laws relating to the protection of personal data and agrees that it will bear full responsibility for any breach of such laws.
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  14. In the context of reporting metrics that have a numerical value in a given currency there may be currency conversions.
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  15. The Customer takes into account that the metrics reported within the Application may not be 100% accurate in view of the inaccuracy of measurement caused by the absence of consents to measurement, ad-blockers and measurement codes or other software preventing accurate measurement.
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Tanganica Premium subscription

  1. Tanganica Premium is a paid subscription within the Application that enables access to premium functions. These functions are not available in the basic version of the Application.
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  2. The Tanganica Premium subscription includes the following functions:
    • Detailed statistics of products, orders, categories, traffic and competitive metrics
    • Individual campaign budget settings
    • AI tools
    • Diagnostics
    • Social networks
    • Product editor
      The scope of functions may change. Not all services must always be available.
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  3. The Customer may use a trial period of 14 days if entitled to it. No entitlement arises 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 the subsequent activation of the subscription after the end of the trial period.
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  5. After the lapse of 14 days, the trial period is automatically converted into a paid subscription and the corresponding amount according to the current price list will be debited from the saved payment card. The Customer may cancel the trial period at any time in the Application in the “Credit top-up → Subscription” section.
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  6. After clicking on “Tanganica Premium”, an option to cancel the subscription will be displayed, which is subject to completion of a short form stating the reason for cancellation. If the Customer cancels the trial period before its expiry, nothing will subsequently be charged.
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  7. After the trial period, the Customer may choose between two types of subscription:
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    a) monthly subscription, in an amount according to the current price list per month; or
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    b) annual subscription, in an amount according to the current price list per year.
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  8. The first payment for the subscription is debited from the payment card that the Customer enters into the Application.
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  9. All card data is securely stored via the Stripe payment gateway. The Application does not have access to the Customer’s detailed payment card information.
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  10. The subscription is automatically renewed depending on the selected type (monthly or annual).
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  11. If it is not possible to process the payment for the subscription, even repeatedly, the subscription will be suspended and the premium functions will be discontinued. The Application will attempt to execute the payment again every day during the following five days. If the payment still cannot be debited, 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 “Credit top-up” tab, in the “Subscription” sub-tab. After clicking on “Tanganica Premium”, the option to cancel the subscription is displayed. The Customer must fill in a form stating the reason for cancellation. The premium functions remain available until the end of the prepaid period. The Customer also has the possibility to renew the subscription at any time.
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  13. If the Customer requests a refund of the amount already paid for the subscription (the current prepaid period), TGNCA may do so solely at its own discretion. As a rule, however, the amount will not be refunded but will be converted into bonus credit in the Application (hereinafter referred to as the “bonus credit”). The Customer may use the bonus credit to finance advertising campaigns within the Application.
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Payments, commission, automatic top-up

  1. Payment is made via the User account. The minimum payment amount is EUR 50 excluding VAT, which represents the Customer’s advertising credit (hereinafter referred to as the “advertising credit”). The amount can be paid by bank transfer or via the Stripe payment gateway.
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  2. The invoice (tax document) for the payment made will be sent to the Customer to its email address specified during registration or to the billing email entered.
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  3. After the paid amount is credited to TGNCA’s account, the advertising credit will be credited to the Customer no later than within 5 business days.
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  4. TGNCA’s claim to commission from the revenue generated in the online store (hereinafter referred to as the “commission”) is automatically satisfied from the advertising credit, which the Customer agrees to. For the avoidance of doubt, the claim to commission cannot be satisfied from the bonus credit, unless TGNCA determines otherwise.
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  5. The amount of the commission is:
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    a) 5% of the revenue generated in the Customer’s online store which does not exceed the amount of 40,000 EUR (or the equivalent in another currency) for the given calendar month;
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    b) 4% of the revenue 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) for the given calendar month; and
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    c) 3% of the revenue generated in the Customer’s online store which exceeds the amount of 100,000 EUR (or the equivalent in another currency) for the given calendar month.
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  6. For the purposes of calculating the commission, revenue means the revenue achieved in the Customer’s online store for the relevant calendar month, whereas:
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    a) if the Customer is a payer of value added tax, the revenue is determined on the basis of amounts including value added tax; and
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    b) if the Customer is not a payer of value added tax, the revenue is determined on the basis of amounts excluding value added tax.
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    Value added tax at the statutory rate will be added to the remuneration (commission) thus calculated, as TGNCA is a payer of value added tax.
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  7. The lower commission rate will start to be charged automatically for each further order whose amount exceeds the relevant threshold in the given calendar month.
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  8. If the advertising credit is negative, the Customer shall, without further notice, be obliged to pay the amount within 14 calendar days of the first request for payment made by TGNCA; for these purposes, any bonus credit is not included in the amount of the advertising credit. A separate invoice (tax document) will be issued for the balance due and will be sent to the Customer after it has been issued. However, the invoice does not serve as a demand for payment; the due date of the balance is not conditional upon the sending of the invoice.
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  9. A negative advertising credit may arise in particular as a result of the charging of commission or fees for orders placed within the attribution window, including after the suspension of advertising campaigns. Thus, if an order is placed that, on the basis of the attribution model, is assigned to advertising conducted via the Tanganica platform, a corresponding fee may be charged for such order, which may result in a negative balance.
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  10. The Customer may request a refund of unused advertising credit (i.e. credit topped up by the Customer; this does not apply to bonuses and credits topped up on the basis of bonus promotions, or as performance for returned subscriptions) by email sent to info@tanganica.com.
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  11. For all payments, the advertising credit topped up by the Customer is consumed first and only after exhaustion of the amount topped up by the Customer is the bonus credit drawn.
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  12. The bonus credit cannot be refunded to the Customer’s bank account or transferred to another Customer’s account.
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  13. Upon requesting a refund of the advertising credit, all loaded bonus credits will also lapse and cannot be restored.
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  14. The Customer has the possibility to activate the so-called “automatic top-up” function. Within this function, the Customer enters the payment card from which it wishes 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 setup wizard, where the Customer selects the automatically topped-up amount, while the default threshold for automatic top-up in this case is set at EUR 10. The second option is activation in the Application in the “Credit top-up → Automatic top-up” section, where the Customer also has the possibility to enable the function. In both cases, the Customer has the possibility to adjust the set values – i.e. the top-up amount and the top-up threshold – at any time according to its own needs directly in the Application in the “Credit top-up → Automatic top-up” section.
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Complaints

  1. The Customer has the right to lodge a complaint about the invoicing of the price of the Service or about the provision of the Service. TGNCA is obliged to assess the complaint.
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  2. The Customer must lodge the complaint without undue delay, at the latest within 30 calendar days from the date of defective provision of the Service or incorrectly invoiced invoice.
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  3. TGNCA is obliged to assess and handle the complaint without undue delay, at the latest within 2 months from the date of its delivery. TGNCA will handle the complaint by:
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    a) upholding the complaint and remedying the defective performance in the manner chosen by the Customer or in another manner in accordance with the law; or
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    b) rejecting the complaint and informing the Customer thereof by email.
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Termination and suspension of services

  1. The Customer and TGNCA may terminate the contract at any time by notice without giving a reason. The notice becomes effective on the day following its delivery to the other party.
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  2. Notice must be sent by registered mail to the address of the contractual party or to the email address of the contractual party. TGNCA declares that on its part the email address info@tanganica.com is competent for this purpose. Unless the Customer determines otherwise, the email address stated during registration, or within the User account, is competent for this purpose.
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  3. If, on the effective date of termination, the Customer has unused advertising credit in the User account, it will be refunded 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 Customer account is deactivated on the effective date of termination and the Customer loses access to it. On the effective date of termination, the provision of services to the Customer by TGNCA is also discontinued.
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  5. Rights of the Parties acquired up to the effective date of termination shall not cease by termination.
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  6. By agreement with the Customer, TGNCA may suspend the provision of the Services, in which case the Customer’s advertising credit will not be consumed from the date of suspension of the provision of the services. The provision of services can again be resumed only 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 confidence for the exclusive purposes of the other party (also the “Disclosing party”), with both TGNCA and the Customer being both the receiving and the disclosing party.
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  2. The Receiving party shall, as far as is commercially reasonably possible, ensure restricted access to the confidential information for its employees, suppliers and third parties, and shall ensure that these persons sign and comply with a duty of confidentiality at least as set out in these Conditions or in another agreement or contract between the parties.
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  3. The Receiving party may not, without the prior written consent of the Disclosing party, use any confidential information for the benefit of the Receiving party, disclose, copy or otherwise make it available to others, or allow its use by others for its own 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 relating to the confidential information in its possession, 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 the confidential information and data are presented in a completely anonymised state that prevents the identification of either party.
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Protection of personal data / data protection

The privacy policy and use of cookies are without further ado part of the contract concluded with the Customer; they are available here: https://www.tanganica.com/en/data-privacy-gdpr
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Final provisions

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

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