Terms and Conditions
1. Who provides the service
Sherppi is a digital platform operated by Rodrigo Márquez González, Spanish tax ID (NIF) 07075513T, with address at Carrer del Cardener 16, 2.º, 08024 Barcelona, Spain, and email hello@sherppi.app (hereinafter «Sherppi», «we», «us»). The full identifying details appear in the Legal Notice.
Sherppi Tech, S.L. is in the process of incorporation and will take over ownership of the service once registered, stepping into the contracts in force with users.
2. What these Terms are, how you accept them and in what language
These Terms govern the contract between Sherppi and the person who creates an account and uses the platform. Together with the Legal Notice and the Privacy and Cookies Policy they form the entire agreement. The three texts are the same on the website and in the application.
How you accept them. You sign up with your email address: you type it in and press the button that sends you a verification code. Immediately above that button there is a notice with a link to these Terms and to the Privacy Policy. By pressing that button you accept these Terms. There is no box to tick: acceptance is the act of continuing with the information in front of you.
Privacy is not accepted, it is disclosed. Processing your data in order to provide the service is not based on your consent but on the performance of this contract. That is why the Privacy Policy is not something you accept: you are informed before you start, and you can consult it whenever you want from Settings.
What we record. We store which version of these Terms you accepted and the date and time you did so. If we publish a new version, the previous one will remain available.
Language. These Terms are published in Spanish and in English. The version that governs your contract is the one in the language in which you created your account and use the service: if you signed up in English, the English version is the binding one. Both versions are kept aligned; if a discrepancy is found, we will correct it, and in the meantime the version in the language you contracted in prevails for you.
3. What Sherppi is and what it is not
Sherppi is a platform for audio content created by local people, tied to specific places and accessible from a web application.
Sherppi is not a travel agency, nor an intermediary for package travel, nor a booking service, nor a guided-tour service with an accompanying guide. Sherppi does not organise, accompany or supervise any journey: all content is consumed independently, with no group, no schedule and no guide.
Sherppi neither sells nor brokers the products or services of the establishments mentioned in its content.
4. Definitions
| Term | Meaning |
|---|---|
| Explorer | Registered user who accesses the content. |
| Sherppa | Author of the content, bound to Sherppi by a creator agreement. |
| sherppi (lower case) | Each consumable piece of content: a Tour, Cast, Flash or Spot. |
| Tour | Walking route with stops whose audio unlocks on arrival at each one. |
| Cast | Chaptered audio content about a place, with no location requirement. |
| Flash | Short capsule about a specific point, free and unlockable only on site. |
| Spot | Short content about a local business or corner, free and unlockable only on site. |
| STK | Internal reward unit with no monetary value, governed by clause 13. |
| Passport | The Explorer's digital identity within the platform, issued on completing the quiz. |
| S-Code | Unique, immutable identifier attached to the Passport. |
| Halo | Passport type limited to a run of 100 units, governed by clause 14. |
| Diplo | Manually assigned Passport type reserved for Sherppi's own circle. |
| Crew | Private social layer of up to twelve people. |
| Diary | Full history of the sherppis the Explorer has completed. |
| Footprints | Activity and saved content for the current day. |
| Radar | Section showing the sherppis available near your current location. |
5. Capacity and minimum age
The service is intended for people aged 18 or over. On registering, the user declares that they are at least that age and have legal capacity to enter into binding obligations.
Sherppi does not direct the service at minors and does not knowingly collect data from people under 18. If we detect, or are informed, that an account belongs to a minor, we will cancel it and delete the associated data.
6. Account
Registration. To access the content you need an account. It is created with your email address: we send you a verification code and you enter it. There is no password. You warrant that the email address is yours and that the details you provide are true, and you undertake to keep them up to date.
Name and S-Code. The name field accepts only Latin alphabet characters, due to a technical requirement of the identifier. The S-Code is generated once and cannot be changed: it is not modified, not transferred and not reissued, not even if you later retake the quiz and your archetype changes. By creating the account you expressly accept this consequence.
One account per person. Creating several accounts for the same person is not allowed, nor is transferring, selling or sharing access to an account.
Security. Because you sign in with a code sent to your email, anyone with access to that inbox can get into your account. Protect it and tell us without delay if you notice any use you do not recognise.
7. Geolocation and how the service works
Certain content —Tour, Flash and Spot— requires the device to share its location in order to unlock the audio or register arrival at a stop. Without that permission, this content is not functionally accessible. Casts do not require location.
The user acknowledges and accepts that:
- The accuracy of geolocation depends on the device, on network coverage and on the urban environment, and may fail without this constituting a breach attributable to Sherppi.
- Where the service offers it, there is an alternative mechanism for confirming arrival manually.
- Location is processed under the terms of the Privacy and Cookies Policy, exclusively while the application is in use.
8. User safety in public spaces
Sherppi content is consumed while moving through real cities. The user assumes sole responsibility for their own safety and undertakes to:
- Pay attention at all times to traffic and surroundings, and not to look at the device while crossing the road.
- Assess for themselves the accessibility, difficulty and suitability of each route, as well as the weather and the safety conditions of the area.
- Respect the access rules, opening hours, capacity limits and codes of conduct of the public and private spaces they visit, as well as the activity of the businesses referenced.
Sherppi is not liable for accidents, injury, loss or damage arising from the user's physical movement, except to the extent that they result from Sherppi's wilful misconduct or gross negligence.
9. Content
Authorship. The content is the work of the Sherppas, who retain authorship and have licensed its exploitation to Sherppi. Sherppi selects, edits, publishes and commercialises that content in its own name, and is answerable to you for the service contracted.
Nature. The content is cultural, educational and leisure in purpose. It reflects each Sherppa's personal view and is not professional advice of any kind. We do not warrant that details such as opening hours, prices or access conditions of the places described are always up to date.
Translations and synthetic voice. Each piece of content is first published in the language in which its Sherppa recorded it. To offer it in other languages we may generate a translated version that reproduces the voice of that same Sherppa by means of voice cloning, always with their express and revocable authorisation. When you listen to a version of this kind, the application will tell you before playback: the audio is artificially generated from that person's real voice, and the content remains their work.
Establishments. The appearance of a business in a Spot does not imply any commercial relationship or payment involving Sherppi, unless expressly stated. If you run a referenced establishment and do not want to appear, write to us at hello@sherppi.app.
Permitted use. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access the content within the application and for your private use. Downloading, recording, reproducing, publicly communicating, transforming or reusing it, in whole or in part and by any means, is prohibited.
10. Prices, purchase and payment
Launch phase. At the time these Terms are published there is no active payment gateway and the entire catalogue is accessible at no cost. This free access is a temporary launch condition, revocable at any time, and creates no acquired right to future access to paid content.
Catalogue. When payment is activated, the applicable prices will be those shown in the application at the time of purchase. The reference catalogue prices are €4.90 per Cast and €8.90 per Tour.
Taxes. Prices are shown inclusive of indirect taxes. As this is digital content sold to consumers, the applicable rate is that of the country where you reside, so the final amount may vary by country.
Payment. Payments will be processed through Stripe. Sherppi does not store your full card details.
Confirmation. After each purchase we will send the confirmation of the contract on a durable medium to your account email, detailing what was bought and the price paid.
Access acquired. A purchase gives you access to the specific content you buy, within the application and for as long as the service is operational. It is not an acquisition of the work nor a download licence.
11. Right of withdrawal
As a consumer, you have fourteen (14) calendar days to withdraw from the contract without giving any reason, under Spanish Royal Legislative Decree 1/2007 (TRLGDCU), which transposes Directive 2011/83/EU on consumer rights.
Loss of the right of withdrawal. For digital content not supplied on a tangible medium, the right of withdrawal is lost where performance has begun with the consumer's prior express consent and with their acknowledgement that they thereby lose that right (article 103.m TRLGDCU).
For this reason, before completing each purchase you will be asked, separately and expressly, for:
- Your consent for access to the content to begin immediately.
- Your acknowledgement that, once performance begins, the right of withdrawal is lost.
If that double consent is not given, access to the content will be activated once the fourteen-day period has elapsed, and until then you may withdraw from the contract by writing to hello@sherppi.app or by using the statutory withdrawal form.
12. Legal guarantee and complaints
Independently of the right of withdrawal, Sherppi is liable for any lack of conformity of the digital content supplied, under the TRLGDCU as amended by Royal Decree-Law 7/2021, which transposes Directive (EU) 2019/770.
If content does not work, does not match its description, or is inaccessible for reasons attributable to Sherppi, the consumer is entitled to have it brought into conformity and, where that is impossible or disproportionate, to a price reduction or termination of the contract with a refund of the amount paid.
Complaints should be addressed to hello@sherppi.app. We undertake to acknowledge receipt within a maximum of seven (7) calendar days and to resolve the matter as quickly as possible.
13. STK
STK are the platform's internal reward units. Their regime is as follows:
Nature. STK have no monetary value. They are not money, not electronic money, not a payment instrument and not a crypto-asset. They cannot be exchanged for money, are not transferable between accounts, cannot be sold, assigned or given away, and do not form part of the user's assets.
How they are obtained. STK are only earned through the actions provided for in the application. They are not bought, not topped up and not acquired for consideration by any route. Each piece of content awards STK only once per account.
Use. STK are redeemed exclusively against predefined discounts on the price of paid content, as a complete package, with no partial redemption and no stacking of discounts. There is no exchange rate between STK and euros.
Changes. Sherppi may change the actions that award STK, their amounts and the cost of the discounts, giving reasonable prior notice through the application. Changes do not affect redemptions already made.
Termination. The STK balance is extinguished when the account is cancelled, for any reason, with no right to compensation.
14. Passport, Halo and Diplo
Issue. The Passport is issued automatically on completing the quiz within the application. It carries an immutable S-Code and an archetype that the user may change by retaking the quiz; retaking it does not alter the S-Code, the Passport type or its number, and does not award additional STK.
Halo. The Halo Passport is assigned automatically, in order of quiz completion, to the first one hundred (100) people who complete it, with sequential numbering. It is a limited run: once the hundred places are gone, no more are issued in that series. The reservation of a number during a quiz session expires through inactivity as indicated in the application.
Halo benefit. The Halo Passport gives free access to the first Cast and the first Tour of each city that its holder opens for the first time, with no limit on the number of cities. This benefit:
- Is personal and non-transferable, is tied to the account, and cannot be exchanged for money or for STK.
- Cannot be combined with an STK redemption discount on the same purchase.
- Is consumed only after the user expressly confirms it at the moment it is applied.
- Creates no right to claim content that does not exist: if a city does not yet have a published Tour, the benefit remains available in that city until there is one.
- Is maintained for as long as the service is operational and keeps the Cast and Tour formats. If either were to disappear from the catalogue, Sherppi will offer holders a benefit of equivalent value.
Diplo. The Diplo Passport is manually assigned and reserved for Sherppi's own circle. It cannot be requested or purchased.
15. Crew
The Crew is a private social layer of up to twelve people. On joining a Crew, the user accepts that the members of that group can see their name, avatar, archetype, Passport and the sherppis they complete.
The user is responsible for who they share their S-Code with and for the information they choose to make visible. The full regime governing this visibility is set out in the Privacy and Cookies Policy.
16. Prohibited conduct
In addition to what is set out in the Legal Notice, the following is expressly prohibited:
- Faking location or progress: spoofing the device's position, manipulating arrival or playback signals, or obtaining STK by means other than genuine use of the application.
- Creating multiple or automated accounts, or using bots, scrapers or any automated means of access.
- Downloading, capturing, retransmitting or redistributing the audio or any other content.
- Reverse-engineering the application or circumventing its technical protection measures.
- Entering unlawful or offensive content, or content infringing third-party rights, in the free-text fields of the account or the Crew.
Breach entitles Sherppi to cancel improperly obtained STK, suspend access or cancel the account, in accordance with the following clause.
17. Moderation, suspension and cancellation
Measures. Sherppi may remove or restrict access to content, limit functionality, temporarily suspend an account or cancel it where there is a breach of these Terms, unlawful activity, or a risk to the security of the service or of third parties.
Statement of reasons and redress. Every measure will be communicated to the person affected, stating the reasons for it and the means of challenging it, in accordance with Regulation (EU) 2022/2065. The person affected may object by writing to hello@sherppi.app; the decision will be reviewed by a person, not solely by automated means.
Proportionality. Measures will be adopted diligently, objectively and proportionately, having regard to the rights and legitimate interests of all parties.
Voluntary closure. The user may cancel their account at any time from the application or by writing to hello@sherppi.app. Cancellation extinguishes the STK balance and access to content acquired, without prejudice to any refund rights under clauses 11 and 12.
18. Availability and development stage
The user acknowledges that Sherppi is at an early stage of deployment and that functionality, formats, catalogue and commercial terms may evolve.
Sherppi will endeavour to keep the service continuously available but does not warrant the absence of interruptions, and may suspend it temporarily for maintenance, updates or technical reasons, seeking the least possible impact and announcing it where foreseeable.
19. Liability
Sherppi is liable for damages that are the direct consequence of an attributable breach of these Terms.
Sherppi is not liable for indirect damage, loss of profit, loss of opportunity or loss of data not attributable to its conduct, nor for the situations described in clauses 7, 8 and 9.
No limitation in this document excludes liability for wilful misconduct, gross negligence or personal injury, nor the mandatory rights granted to consumers.
20. Changes to these Terms
Sherppi may amend these Terms for regulatory, technical or security reasons, or because the service evolves.
Substantial changes will be communicated at least fifteen (15) calendar days in advance through the application or the email address linked to the account. If the user does not agree, they may cancel their account before the changes take effect. Continued use of the service after that date means acceptance of the new version.
Changes will never affect content already acquired or redemptions already made.
21. Assignment
Sherppi may assign its contractual position to Sherppi Tech, S.L. once incorporated, as well as in cases of corporate restructuring, without any reduction in the user's rights, and the user will be informed of the assignment.
22. Governing law and dispute resolution
These Terms are governed by Spanish law.
Where the user is a consumer, the courts designated by law for them will have jurisdiction and they retain the protection of the mandatory rules of their country of habitual residence in the European Union. If you reside outside the European Union, Spanish law applies without prejudice to any mandatory consumer protection that the law of your country of residence grants you. In all other cases, the parties submit to the Courts and Tribunals of Barcelona.
Complaints first. Before going to court, we invite you to address any complaint to hello@sherppi.app.
Alternative dispute resolution. Sherppi is not currently a member of any alternative consumer dispute resolution body. Consumers may contact the consumer authorities of their region or country, or the European Consumer Centre in Spain for cross-border disputes within the European Union.
23. Contact
For any question about these Terms: hello@sherppi.app.