AGREEMENT ON OUR LEGAL TERMS

These specific Terms and Conditions of Use apply exclusively to activity providers who access or use the Services of Trivity Tech, S.L. (the “Company”, “we”, “us” or “our” and “Trivity”), a company incorporated in Spain, with registered office at Carrer Finlàndia 9, Barcelona, 08014. Our VAT/NIF number is ESB21924360, operating in a business-to-business (B2B) capacity. These Specific Terms and Conditions are therefore complementary to the general terms and conditions and govern the relationship between Trivity and the activity provider. In the event of any discrepancy or contradiction between these Terms and Conditions and the general Legal Notice of the Website, these Specific Terms and Conditions shall prevail.

These Services offered by Trivity in this environment are not directed at consumers.

By using the Services, you represent that you are acting within the scope of your business or professional activity and not as a consumer.

Trivity is a technology platform for the management, marketing, and digital distribution of tourism activity providers (the "Platform"). It is designed to centralize the Provider's operations and facilitate the sale of activities to end users and through professional partners or Agents (e.g., tourist accommodations or other influencers), using tools for managing activity catalogs, rates, availability, bookings, commissions, clients, tracking, communications, and distribution channels. The Site is not a direct sales portal for activities, a consumer marketplace, a travel agency, or a tour operator.

We make available the website trivityapp.com and its subdomains (the "Site"), the Trivity mobile application (the "App") and any other related products or services that refer to or link to these Legal Terms (collectively, the "Services").

Trivity provides a technological and software infrastructure and does not organize, operate, or provide the activities, nor does it intervene in their material execution, which corresponds solely and exclusively to the Provider. Providers may use the Platform, among other channels, through:

• own websites,
• physical devices (such as tablets or digital kiosks),
• management interfaces,
• or any other channel enabled by Trivity at any given time, which may be managed, configured or controlled directly by the Activity Provider, in order to inform about available organized activities and their cost or to channel reservations for their subsequent execution.

These Legal Terms constitute a legally binding agreement between Trivity Tech, S.L. and you, as a service provider (whether as a self-employed professional or on behalf of an entity). If you are using the Services on behalf of an entity, you represent that you have the authority and power to bind it to these Legal Terms. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms in their entirety. If you do not agree to them, you must refrain from using the Services and cease use immediately.

Trivity provides only a technological and software infrastructure. Under no circumstances:

• organizes,
• operates,
• lends,
• guarantees,
• supervises,
• nor does it assume any responsibility regarding reservations or prescriptions made by the Agents nor for the activities offered by you, as the Provider who is solely and exclusively responsible for the material execution of the activity offered and/or reserved by a third party.

You can contact Trivity by:

• Telephone: +34 681278113
• Email: admin@trivityapp.com
• Postal address: Carrer Finlàndia 9, 08014, Barcelona (Spain)

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms in their entirety.

If you do not agree with them, you must refrain from using the Services and cease using them immediately.

Trivity may modify these Legal Terms at any time. Modifications will be notified by reasonable means fifteen (15) calendar days in advance (for example, by posting a notice on the Platform or by email) and will take effect on the date indicated or, if no date is specified, from the date of their publication.

Use of the Services after the modifications come into effect will imply acceptance of the modified Legal Terms.

The Services are intended for individuals over the age of 18. Individuals under the age of 18 are not permitted to use or register for the Services.

Definitions:

• "Activity": any tourist experience, service or activity offered by a Provider through the Platform.
• "Provider": natural or legal person who offers Activities through the Platform within the framework of their professional activity.
• "End user": person who books or participates in an Activity.
• "Reservation": a request to reserve or contract an Activity between the End User and the Provider, channeled through the Platform.
• "Platform": the set of functionalities and digital tools of Trivity through which the Services are provided.
• "Services": the technological services provided by Trivity in accordance with these Legal Terms.

1. OUR SERVICES

Trivity provides technological services consisting of a digital platform that allows Providers to manage, publish, market and distribute their activities through different channels, as well as manage bookings, customers, payments and associated communications.

The Services are provided exclusively within the framework of a business-to-business (B2B) relationship. Trivity does not provide legal, tax, financial, or tourism advice, nor does it guarantee that the use of the Services will in itself comply with all legal obligations that may be applicable to the Provider, who is solely responsible for knowing and complying with the regulations applicable to their activity.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Trivity's Intellectual Property

Trivity owns or licenses all intellectual and industrial property rights relating to the Services with respect to the Trivity technology platform, including, but not limited to, source code, databases, functionalities, software, architecture, algorithms, user interface, website and application designs, as well as texts, graphics, audiovisual elements and other content belonging to Trivity (collectively, the "Trivity Content"), as well as associated trademarks, service marks, trade names and logos (the "Marks").

Trivity Content and Trademarks are protected by applicable intellectual and industrial property laws, unfair competition laws, and relevant international treaties. Trivity Content is provided to the Provider "as is," exclusively for its internal and professional use within the framework of accessing and using the Services in accordance with these Legal Terms.

Content provided by Providers or other professional users through the Platform is expressly excluded from Trivity Content, and is governed by these Legal Terms and, in particular, by the sections relating to Provider Content and the license for such content.

2.2 License to use the Services

Subject to compliance with these Legal Terms, and in particular the PROHIBITED ACTIVITIES section, Trivity grants the Provider a limited, non-exclusive, non-transferable and revocable license to:

• access and use the Services; and
• to use, view and, when necessary for its internal operations, download or print those contents, documents or materials made available by Trivity through the Services, All of this is solely for the internal, professional and operational purposes of the Provider, and always within the scope and purpose of the Platform.

Except to the extent expressly permitted in these Legal Terms, the Provider may not copy, reproduce, modify, distribute, publicly communicate, make available to third parties, sell, license, commercially exploit or create derivative works of the Trivity Content or Trademarks, in whole or in part, without the prior express written consent of Trivity.

Trivity reserves all rights not expressly granted to the Provider. Any unauthorized use of Trivity Content or Trademarks will constitute a material breach of these Legal Terms.

2.3 Provider Content

For the purposes of these Legal Terms, "Provider Content" shall mean any content, information, material or data that the Provider provides, uploads, publishes, configures or makes available to Trivity through the Platform or the Services, including, but not limited to, descriptions of activities, prices, rates, availability, images, videos, commercial texts, operating data, documentation, communications, configurations and any other material related to the activities offered or the use of the Platform.

The Provider declares and guarantees that it owns the Provider Content or has the necessary rights, licenses, authorizations and consents for its use in accordance with these Legal Terms.

The Provider retains full ownership of its Provider Content at all times. Nothing in these Legal Terms implies the transfer of ownership to Trivity, without prejudice to the license to use that is necessary for the provision of the service.

For the purposes of providing the Service, the Provider grants Trivity a non-exclusive, royalty-free, worldwide license for the duration of the contractual relationship. This license is granted solely and exclusively to allow Trivity to reproduce, technically adapt, and publicly communicate said Content within the framework of its functionalities.

Likewise, the Provider grants Trivity a license to sublicense the Provider's Content (photos, descriptions) to authorized Agents within the Platform, for the sole purpose of enabling them to promote and channel bookings for the Provider's activities.

The Provider acknowledges and accepts that its Provider Content may be visible to other professional users, end users, Agents or other authorized collaborators, as well as, when necessary for the provision of the Services, through websites, applications or distribution channels integrated into the Platform.

The Provider shall indemnify Trivity against any third-party claims arising from an alleged infringement of intellectual or industrial property rights over the content provided by the Provider.

2.4 Responsibility for Provider Content

The Provider is solely responsible for the Provider Content that it publishes, uploads or makes available through the Services, as well as its accuracy, integrity, legality and updating, and undertakes that such content does not infringe the rights of third parties or applicable regulations.

Trivity assumes no general obligation to monitor Provider Content. However, Trivity reserves the right, at its reasonable discretion, to review, edit, block, suspend, or remove any Provider Content, in whole or in part, when necessary for operational, legal, security, or regulatory compliance reasons, or when such content violates these Legal Terms, without giving rise to any right to compensation.

The Provider is solely responsible for the creation, accuracy, and legality of all resources for accessing its activities that may be linked to Trivity (links, QR codes, or physical materials). Trivity acts solely as a technical support provider. The Provider guarantees that the use of these resources does not infringe upon the rights of third parties or local tourism or advertising regulations, and will hold Trivity harmless against any claims arising from technical failures, misuse, or illegality of these external resources.

2.5 Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright you own or control, please contact Trivity.

3. PROVIDER STATEMENTS

By using the Services, the Provider declares and guarantees that:

• acts within the scope of its business or professional activity and has full legal capacity to contract and be bound in accordance with these Legal Terms;
• All information provided to Trivity, both during the registration process and during the use of the Services, is truthful, accurate, current and complete, and you undertake to keep it properly updated;
• will use the Services in accordance with these Legal Terms, applicable law and the Platform's own purposes;
• You will not access or use the Services through unauthorized automated means, including bots, scripts, or other similar mechanisms; and
• You will not use the Services for unlawful, fraudulent or unauthorized purposes, or in a manner that infringes the rights of third parties or applicable regulations.

Providing false, inaccurate, outdated, or incomplete information may, at Trivity's reasonable discretion, result in the suspension or cancellation of the Provider's account and the rejection of any present or future use of the Services, without prejudice to any other actions that may be appropriate under these Legal Terms or the law.

4. ACCOUNT REGISTRATION AND SECURITY

To use the Services, the Provider must register and create a professional account. The Provider agrees to maintain the confidentiality of their login credentials and will be solely responsible for all activities conducted from their account.

The Provider may not share, transfer or allow access to their account to unauthorized third parties, nor use the account on behalf of third parties without express authorization from Trivity.

Trivity reserves the right, at its reasonable discretion, to remove, modify, or require the change of usernames or account identifiers that are misleading, confusing, infringe the rights of third parties, use protected designations, or may mislead as to the identity of the Provider or its relationship with Trivity.

Trivity accepts payments by bank card and other payment methods that may be available from time to time through duly authorized third-party payment service providers. Available payment methods may vary depending on the country, the payment provider used, and the applicable settings at any given time.

The Provider agrees to provide accurate, complete, and up-to-date account and billing information for all amounts charged through the Services, including, where applicable, billing information and a valid payment method. The Provider also agrees to keep this information up-to-date to allow for the proper processing of charges and necessary communications.

Unless expressly stated otherwise, the amounts shown on the Platform are exclusive of taxes. Where applicable, Value Added Tax (VAT) or other indirect taxes will be applied in accordance with applicable tax regulations. All payments will be made in euros.

Trivity may modify its rates or prices as provided in these Legal Terms and, where applicable, with the notice required by applicable law or as specified in the Subscriptions section. Current rates will be displayed on the Platform or communicated through the available channels.

The Provider expressly authorizes Trivity to charge the payment method registered in its account for all amounts due under this agreement, including, but not limited to:

• the applicable monthly or annual subscription;
• Trivity's intermediation commissions;
• commissions accrued in favor of Agents or Accommodations when they have activated automatic settlement through the Platform;
• management fees and costs associated with payment processing;
• regularizations, adjustments, compensations or amounts derived from cancellations, refunds, returns or incidents; and
• any other amount due under these Terms.

Trivity reserves the right to correct errors or mistakes in invoiced amounts, even when the charge has already been requested or processed, informing the Provider when reasonably possible.

If a payment cannot be processed due to technical, financial, or payment method-related reasons (including insufficient funds, expiration, blocking, or rejection), Trivity may temporarily suspend or limit access to the Services until the situation is resolved. Such suspension will not extinguish any outstanding payment obligations or affect Trivity's right to claim amounts due under these Legal Terms.

This section governs exclusively payments owed by the Provider to Trivity (e.g., subscription fees or contracted services). Payments for activity bookings made by end users, as well as the responsibilities associated with refunds, chargebacks, and payment disputes, are specifically governed in the section "PAYMENTS AND REFUND LIABILITY."

5. SUBSCRIPTIONS

5.1 Billing and renewal

The Provider's subscription will remain active and will automatically renew according to the contracted plan, unless canceled as provided in this section. By subscribing, the Provider expressly authorizes Trivity and its payment service providers to charge the selected payment method on a recurring basis, without requiring additional approval for each charge, until the subscription is effectively canceled.

The duration of the billing cycle (monthly, annual or other) will correspond to the subscription plan chosen at the time of contracting.

The Provider acknowledges and accepts that, in addition to fixed subscription fees, Trivity may periodically invoice and collect variable amounts derived from the effective use of the Platform, including, among others, Trivity Commissions associated with bookings channeled through Agents, integrations with OTAs, Channel Manager or other contracted services or functionalities.

These variable amounts will accrue and be calculated in accordance with the provisions of the specific sections of these Legal Terms, and may be invoiced and collected in aggregate together with the corresponding subscription, by automatic charge to the registered payment method.

The monthly invoice may include, in addition to the amounts owed to Trivity, commissions accrued in favor of Agents or Accommodations that have activated automatic settlement, as well as any adjustment or regularization resulting from cancellations, refunds or modifications of reservations.

5.2 Billing date and plan changes

The billing date will correspond to the start of the contracted subscription cycle and will remain in effect while the subscription remains active, unless expressly modified due to a change of plan or a duly communicated technical reconfiguration.

In the event that the Provider requests a plan change:

• Upgrades may be applied immediately or from the next billing cycle, depending on the current Platform configuration, and may involve a pro-rata allocation of the corresponding amount for the remaining period of the current cycle;
• Unless expressly stated otherwise, downgrades will take effect at the start of the next billing cycle.

The criteria applicable to prorations, adjustments or deferrals will be clearly displayed on the Platform at the time of the request and will be governed by the technical workflows in force at any given time.

5.3 Discounts and promotions

Trivity may, at its discretion, offer discounts, promotional periods, promotional codes or other benefits applicable to certain subscriptions, under the specific conditions that will be communicated in each case.

Unless expressly stated otherwise, these discounts:

• will be temporary,
• non-transferable and non-cumulative, and
• they will not alter the recurring nature of the subscription nor exempt from paying the applicable fees once the promotional period has ended.

5.4 Suspension

The Provider may request the temporary suspension of their account at any time through the functionalities enabled on the Platform or through the indicated contact channels. Trivity may require reasonable technical or security verifications before applying the suspension.

During the suspension period:

• No subscription fees for future periods will accrue or be charged while the account remains suspended;
• The Provider’s activities will be marked as unavailable and they will not be able to receive bookings through the Platform or integrated channels;
• The Provider will not have operational access to the Platform, with access limited to an informational notice with the option to reactivate.

The suspension will take immediate effect upon activation and will not generate any right to a refund for subscription periods already begun. The suspension will not result in the permanent cancellation of the account or the deletion of data, settings, or content, which will be retained in accordance with the Privacy Policy and applicable legal obligations.

The suspension does not extinguish or affect payment obligations already accrued prior to its activation.

The Provider may reactivate their account at any time. Reactivation will entail the resumption of access to the Services and the collection of the fee according to the plan in effect at that time.

5.5 Cancellation

The Provider may cancel their subscription at any time through the Platform or via the indicated contact channels. Cancellation will take effect at the end of the billing period already paid for.

No refunds will be issued for periods already started, unless otherwise required by law.

Cancellation will not have retroactive effect and will not imply the immediate deletion of data, content, or settings, which will be retained in accordance with the Privacy Policy and applicable legal obligations.

5.6 Non-payments and lack of collection

In the event that a subscription charge cannot be processed (for example, due to insufficient funds, expiration, blocking, or rejection of the payment method), Trivity may make additional collection attempts in accordance with the payment provider's technical workflows.

If the amount cannot be collected after these attempts, Trivity may temporarily suspend access to the Services until the outstanding payment is settled, without this implying the automatic cancellation of the account.

Reactivation of access will be conditional upon full payment of all pending amounts. Trivity may apply reasonable technical or administrative conditions for such reactivation.

5.7 Tariff changes

Trivity may modify the applicable subscription fees, communicating any changes with a minimum of thirty (30) calendar days' notice, unless a different period is required by applicable law or there is a legal or technical reason that justifies a shorter period.

5.8 Billing taxes

The Provider undertakes to provide Trivity with truthful, complete and up-to-date tax information, including, where applicable, its company name, tax address and tax identification number or intra-community VAT number.

Subscription fees and any other amounts billed by Trivity in connection with the Services will be issued in accordance with applicable tax regulations. Where appropriate, Value Added Tax (VAT) or other indirect taxes will be applied in accordance with current legislation.

In intra-community or international B2B transactions, specific tax regimes may apply, including the reverse charge mechanism, provided that the Provider complies with the required legal requirements and has provided the corresponding tax information.

The Provider acknowledges that, depending on its country of establishment or applicable regulations, there may be additional taxes, withholdings or tax obligations, and the Provider is solely responsible for their proper management and compliance.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for purposes other than those for which we make the Services available. The Services may not be used in connection with commercial activities other than those that form part of the Platform's purpose as a tool for managing, marketing, and distributing the Provider's activities.

As a user of the Services, you agree not to:

• Systematically obtaining data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written authorization.
• To deceive, defraud, or mislead Us or other users, especially in any attempt to obtain sensitive account information, such as passwords.
• Circumventing, disabling, or interfering with the security features of the Services, including those that prevent or restrict the use or copying of any Content or that apply limitations to the use of the Services and/or Content.
• To undermine, discredit or harm, in our reasonable judgment, us and/or the Services.
• Using information obtained from the Services to harass, abuse, or harm another person.
• Misusing support services or submitting false reports of abuse or misconduct.
• Using the Services in a manner contrary to applicable laws or regulations.
• Performing unauthorized framing or linking to the Services.
• Uploading or transmitting (or attempting to upload or transmit) viruses, Trojans, or other material, including excessive use of capital letters or spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Services or that modifies, impairs, alters, or interferes with the use, functions, operation, or maintenance of the Services.
• Performing any automated use of the system, such as scripts to send comments or messages, or the use of data mining, robots, or similar collection and extraction tools.
• Remove copyright notices or other proprietary rights notices from the Content.
• Impersonating another user or person, or using another user's username.
• Uploading or transmitting (or attempting to upload or transmit) material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms).
• Interfere with, disrupt, or impose an undue burden on the Services or on networks or services connected to the Services.
• Harassing, bothering, intimidating or threatening any of our employees or agents who provide any part of the Services.
• Attempting to circumvent measures of the Services intended to prevent or restrict access to the Services or any part thereof.
• Copying or adapting the Services software, including, without limitation, Flash, PHP, HTML, JavaScript or other code.
• Except to the extent permitted by applicable law, decrypt, decompile, disassemble or reverse engineer any software that is part of the Services.
• Except as a result of standard use of search engines or browsers, you may not use, launch, develop, or distribute any automated systems, including trackers (spiders), robots, automated scrapers, or offline readers that access the Services, or use or launch unauthorized scripts or other software. The foregoing also applies when such automated systems, tools, or scripts are used by third parties acting on behalf of or for the Provider, regardless of whether the Provider has direct knowledge of their use.
• Use a purchasing agent or procurement agent to make purchases of the Services.
• Collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails, or creating accounts by automated means or through false pretenses.
• Using the Services as part of a systematic effort to compete directly with Trivity or using the Services and/or Content to conduct business activities that substantially reproduce or replace the core functionality of the Platform.
• Sell or transfer your profile in any way.
• Using the Services to advertise, promote or offer goods or services that are not directly related to the activities published on the Platform.
• Using the Services to redirect users to external booking systems, payment links, or competing platforms.
• To omit, avoid or attempt to circumvent Trivity's reservation, payment or commission mechanisms.
• Using contact data obtained through the Platform to establish direct business relationships with end customers outside of the Platform, when such action has the purpose or effect of circumventing Trivity's reservation, payment, commission or traceability mechanisms.
• Collecting, storing or using personal data of customers obtained through the Services for purposes unrelated to the reserved activity.
• Contacting customers directly to complete, modify, or cancel bookings outside of the Platform with the intention of avoiding fees or commissions.
• Providing false, misleading, or outdated information about activities, prices, availability, schedules, or conditions.
• Publishing activities that do not comply with applicable regulations regarding tourism, safety or consumer protection.
• Offering activities without having the required licenses, permits, certifications or insurance.
• Using the Services to offer activities on behalf of third parties without proper authorization.
• Selling, sublicensing, renting, or transferring access to a vendor account or profile.
• Allowing third parties to access or manage the Provider’s account without authorization from Trivity.
• Manipulating availability, capacity or prices in a way that misleads users or alters the proper functioning of the Platform.
• Uploading content that infringes intellectual property rights or uses images, texts or trademarks without authorization.
• Use the Services in a manner that could damage, disable, overburden or impair the Platform or interfere with other users' access.

6.1 Account Security

The Provider is responsible for maintaining the confidentiality and security of your account access credentials and agrees not to share them with unauthorized third parties.

The Provider must notify Trivity without undue delay of any unauthorized access, misuse, loss or compromise of their credentials or the security of their account.

Trivity will not be liable for damages or losses arising from the unauthorized use of the Provider’s account when such use is a consequence of the breach of the security obligations provided herein, without prejudice to applicable legal obligations.

In the event of a risk to the security of the account or the Services, Trivity may, in a proportionate manner, adopt temporary protective measures, including preventive suspension of access or resetting of credentials, until security is restored.

The Provider undertakes to take reasonable measures to protect access to your account, including the use of strong passwords and, where available, strong authentication mechanisms, as well as keeping the contact information associated with the account up to date for the proper handling of security incidents.

6.2 Compliance verification

Trivity may, in a reasonable and proportionate manner, request from the Provider documentation proving compliance with its legal and contractual obligations related to the published activities, including, but not limited to, required licenses, permits, certifications or insurance policies.

If the Provider fails to provide such documentation within a reasonable time after the request, or when there are well-founded indications of non-compliance, Trivity may take proportionate operational measures, including the temporary suspension of the affected activities or access to the Platform, until compliance is demonstrated.

The foregoing is understood without prejudice to Trivity's obligations to competent authorities, insurance entities, payment providers or affected third parties, nor to the measures that Trivity must adopt to comply with legal or regulatory requirements.

The exercise of the rights provided for in this section shall be carried out in a proportionate and non-discriminatory manner between Providers in equivalent situations.

7. CONFIDENTIALITY

7.1 Confidential Information

For the purposes of these Legal Terms, “Confidential Information” shall be considered to mean all non-public information of a technical, commercial, economic, strategic or operational nature, disclosed directly or indirectly between Trivity and the Provider within the framework of the use of the Services, regardless of its format, including, among others, Platform functionalities, configurations, prices, commercial conditions, usage data, technical documentation, communications, internal processes and any information identified as confidential or that should reasonably be considered as such.

7.2 Confidentiality obligations

Each Party undertakes to:

• to use the other Party's Confidential Information exclusively for the execution and fulfillment of these Legal Terms;
• not to disclose such Confidential Information to unauthorized third parties without the prior written consent of the Owner Party; and
• adopt reasonable measures to protect the confidentiality of such information.

7.3 Exclusions

Information will not be considered Confidential Information if:

• is or becomes public domain without breach of these Legal Terms;
• it was legitimately known by the receiving Party prior to its disclosure;
• is obtained from a third party lawfully and without an obligation of confidentiality; or
• must be disclosed by legal imperative or requirement of a competent authority, in which case the other Party will be informed when legally possible.

7.4 Duration

The confidentiality obligations will remain in effect during the term of the contractual relationship and for a period of three (3) years after its termination, unless applicable law requires a longer period.

8. PROVIDER CONTENT

In the context of using the Services, the Provider may upload, input, configure, send, publish or make available to Trivity, through the Platform, certain content, data or materials necessary for the proper provision of the Services, including, among others, descriptions of activities, prices, rates, availability, conditions, images, videos, commercial texts, operational documentation, communications, configurations, logistical information or any other material associated with the activities offered (hereinafter, the "Provider Content").

The Provider Content may be displayed to end users, Agents or other authorized collaborators, as well as, when necessary for the provision of the Services, through third-party websites, applications or integrated systems.

The Provider declares and guarantees that:

• is the owner of the Provider Content or has all the necessary rights, licenses, authorizations and consents for its use in accordance with these Legal Terms;
• The use, reproduction, public communication or making available of the Provider Content through the Platform does not infringe intellectual property rights, industrial property rights, image rights, data protection rights or any other third-party rights;
• has the express consent of any identifiable person appearing in images, videos or other materials included in the Provider Content, where such consent is legally required;
• The Provider Content is truthful, accurate, up-to-date and does not mislead end users, Agents or other third parties;
• The Provider Content complies with applicable legislation, particularly regarding consumer protection, tourism, advertising, unfair competition and consumer protection;
• The Provider Content does not contain unlawful, offensive, defamatory, discriminatory, deceptive, violent or contrary to public order material.

The Provider shall be solely responsible for the Provider Content it provides through the Services and for the consequences arising from its publication, use, or distribution. Any breach of this section may result in action in accordance with these Legal Terms, including the suspension or removal of the Provider Content and, where applicable, the suspension or termination of the account.

9. LICENSE ON THE PROVIDER’S CONTENT

By making any Provider Content available to Trivity through the Services, the Provider grants Trivity a non-exclusive, royalty-free, non-transferable, except as set forth below, and worldwide license to host, store, use, reproduce, display, communicate, distribute, adapt, translate, and transform such Provider Content, solely to the extent necessary to:

• operate, provide, maintain and improve the Services;
• allow the correct viewing, marketing and booking of the Provider’s activities through the Platform;
• facilitate integration with Agents, accommodations or other authorized channels;
• carry out communication or promotional actions directly related to the Platform and the Services;
• fulfill legal, contractual, regulatory or technical obligations.

This license may be sublicensed exclusively to technology providers, operational collaborators or third parties strictly necessary for the proper provision of the Services (for example, infrastructure, hosting, distribution, communications or payment providers).

The license will remain in effect as long as the Provider maintains an active account on the Platform and, after its cancellation, only with respect to that Provider Content that:

• must be retained for legal, regulatory, security, archival, backup, or contractual evidence reasons; or
• form part of content already integrated into statistical, historical or service improvement materials, provided that such content is used in an aggregated and/or anonymized manner and does not allow the Provider to be individually identified.

This license does not imply a transfer of ownership of the Provider Content, which will remain the exclusive property of the Provider.

The license includes, when necessary for the purposes described, the use of the Provider’s trade name, company name, trademarks, trade names, logos and commercial images exclusively for:

• to operate, maintain and display the Provider’s activities within the Platform;
• to allow their correct identification to end users, agents or other authorized collaborators;
• to carry out communication or promotional actions directly related to the Platform and the Services.

Any use of the Provider’s trade name, trademarks or logos for Trivity's corporate marketing purposes unrelated to the operation of the Platform (e.g., success stories, general commercial communications or promotional materials not directly linked to the published activities) will require the Provider’s prior consent, which may be granted or revoked at any time through the enabled mechanisms or by written communication.

To the extent permitted by applicable law, the Provider agrees not to exercise its moral rights over the Provider Content to the extent strictly necessary to permit the uses provided for in these Legal Terms.

Trivity does not claim ownership of the Provider Content and will not be liable for any statements, representations, or information contained therein. The Provider will be solely responsible for the Provider Content and agrees to indemnify Trivity against any claims arising from its use in accordance with these Legal Terms.

Trivity shall have the right, when reasonably necessary for operational, legal or technical reasons, to edit, adapt, reclassify, suspend or remove the Provider Content, without giving rise to any right to compensation, and without a general obligation of prior supervision.

10. MOBILE APPLICATION LICENSE

10.1 License to use

If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, and limited right to install and use the App on electronic wireless devices that you own or control, and to access and use the App on such devices strictly in accordance with this mobile application license included in these Legal Terms. You may not: (1) except to the extent permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) modify, adapt, enhance, translate, or create derivative works of the App; (3) violate any applicable laws, rules, or regulations in connection with your access to or use of the App; (4) remove, alter, or obscure proprietary notices (including copyright or trademark notices) posted by us or the App's licensors; (5) use the App for any revenue-generating activity unrelated to the Platform's intended purpose or the legitimate use of the Services; (6) make the App available through a network or environment that allows its use by multiple devices or users simultaneously; (7) use the App to create a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App; (8) use the App to send automated inquiries to any website or to send unsolicited commercial emails; or (9) use proprietary information or our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of applications, accessories, or devices for use with the App.

10.2 Apple and Android Devices

The following terms apply when you use the App obtained from the Apple App Store or Google Play (each, an “App Distributor”) to access the Services: (1) the license granted for our App is limited to a non-transferable license to use the App on a device using iOS or Android, as applicable, and in accordance with the rules of use set forth in the terms of the applicable App Distributor; (2) we are responsible for providing any maintenance and support services with respect to the App, to the extent provided in these Legal Terms or required by law, and you acknowledge that the App Distributor has no obligation to provide maintenance or support; (3) if the App does not conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any; and, to the maximum extent permitted by law, the App Distributor will have no further warranty obligations with respect to the App; (4) you must comply with applicable third-party terms when using the App (for example, if you use a VoIP app, you must not breach the data service agreement); and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of this mobile application license and that they will have the right (and will be deemed to have accepted such right) to enforce these terms against you as a third-party beneficiary.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may receive through the Site or the App) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, images, designs, music, sound, videos, information, applications, software, and other content or elements belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not subject to systematic monitoring or verification, and we are not responsible for any Third-Party Website accessed through the Services or any Third-Party Content posted, made available, or installed from the Services, including its content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. The inclusion of, linking to, or allowing the use or installation of Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you choose to leave the Services and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms cease to apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Services or any application you use or install from the Services. Any purchases you make through Third-Party Websites will be made through other websites and companies, and we assume no responsibility for such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you will indemnify us against any damages arising from your purchase. You will also indemnify us against any loss or damage suffered by or caused by you related to or resulting from any form of Third-Party Content or any contact with Third-Party Websites.

12. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against any person who, in our reasonable judgment, violates the law or these Legal Terms, including, without limitation, reporting such person to the authorities; (3) in our reasonable judgment, deny, restrict access to, limit the availability of, or disable (to the extent technologically possible) any Provider Content or part thereof; (4) in our reasonable judgment, and without prejudice to applicable legal obligations, remove from the Services or disable files and content that are excessive in size or place a burden on our systems; and (5) manage the Services in a manner intended to protect our rights and property and facilitate the proper functioning of the Services.

The foregoing shall be understood without prejudice to the rights of the Provider under applicable law and the complaint mechanisms provided for in these Legal Terms.

12.1 Support

Trivity provides the Provider with support channels for technical issues, operational queries or requests related to the use of the Services, through the means enabled on the Platform or by email.

Support is provided on weekdays and during business hours, unless expressly stated otherwise. Response times are estimates and will depend on the nature, complexity, and priority of the issue.

12.2 Absence of SLA

Unless expressly agreed in writing, Trivity does not guarantee minimum service levels (SLAs), specific resolution times, or uninterrupted availability of the Services.

12.3 Maintenance

Trivity may perform maintenance, upgrade or improvement tasks on the Platform that may involve temporary interruptions or limitations of the service.

Whenever reasonably possible, these tasks will be planned to minimize operational impact and may be communicated in advance through the Platform or by electronic means.

12.4 Third-party incidents

The Provider acknowledges that certain incidents may be due to external providers (including infrastructure, communications or payment service providers), for which Trivity does not assume direct responsibility, without prejudice to making reasonable efforts for their management and monitoring.

13. PRIVACY POLICY

We are committed to your privacy and data security. Please review our Privacy Policy: https://trivityapp.com/en/privacy-policy-en/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are provided through technology and communications providers who may process and host data within the European Economic Area. Where applicable, certain processing or technical access may be carried out from other countries only when necessary for the provision of the Services, support, security, legal compliance, or service continuity, and always with the safeguards required by applicable law, including, where appropriate, legally mandated safeguards for international data transfers (e.g., standard contractual clauses or other valid mechanisms).

13.1 Roles in data protection

For the purposes of Regulation (EU) 2016/679 (GDPR) and applicable data protection law, the Parties acknowledge and accept that:

• Trivity acts as the data controller with respect to the personal data processed in connection with the management of the Platform, the contractual relationship with the Provider, billing, support, security, regulatory compliance and any other processing by Trivity.
• The Provider acts as the data controller with respect to the personal data of end users or clients who contract or participate in the activities offered by the Provider.
• Trivity acts as the data processor when, within the framework of the Services, it processes personal data of end users on behalf of and following the instructions of the Provider, including, but not limited to, the management of reservations, customers, operational communications, management tools and data export.

The exercise of the rights of access, rectification, erasure, opposition, limitation and portability by interested parties will be carried out in accordance with the provisions of the Privacy Policy and, when Trivity acts as processor, through the Provider as controller, unless otherwise required by law.

13.2 Data Processing Agreement

To the extent that Trivity acts as a data processor on behalf of the Provider, such processing will be governed by the corresponding Data Processing Agreement (or “DPA”), which forms a part of these Legal Terms and is incorporated by reference.

The DPA establishes, among other aspects, the object, duration, nature and purpose of the processing, the categories of personal data, the obligations and rights of the Parties, as well as the applicable technical and organizational measures in accordance with the GDPR.

The Provider acknowledges that acceptance of these Legal Terms implies acceptance of the current DPA, available at the following address: https://trivityapp.com/en/dpa-providers-en/.

13.3 Sub-processors

The Provider expressly authorizes Trivity to use sub-processors for the proper provision of the Services, including, but not limited to, providers of technological infrastructure, cloud hosting, email services, communication tools, analytics, payments and support.

Trivity will ensure that these sub-processors are subject to appropriate data protection obligations in accordance with applicable regulations. Information regarding the sub-processors used by Trivity may be made available to the Provider in an updated manner through the Platform or other available communication channels.

13.4 Retention and deletion of data

Personal data will be kept for the time necessary for the provision of the Services and, subsequently, for the periods required by applicable regulations, including legal retention periods.

Following the termination or cancellation of the Provider's account, the Provider may, for a reasonable period, access the Platform to export the available data in accordance with the enabled functionalities, unless access has been suspended for legal, security or serious breach reasons.

Once these periods have ended, Trivity will proceed to delete or anonymize the personal data processed as the data processor, without prejudice to the retention of backup copies during the necessary technical periods or the retention required by legal obligations.

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, please notify us immediately using the contact details provided in the CONTACT section of these Legal Terms. A copy of your Notification will be sent to the person who posted or stored the material that is the subject of the Notification. Please note that, under applicable law, you could be liable for damages if you make materially false statements in a Notification.

Therefore, if you are unsure whether material located on or linked from the Services infringes your copyright, consider contacting a lawyer first.

15. VALIDITY AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services or maintain an active account on the Platform.

15.1 Termination or suspension due to serious breach or urgent cause

Trivity may suspend or terminate your access to the Services, in whole or in part, including canceling your account, with immediate effect and without prior notice, when any of the following circumstances occur:

• serious or repeated breach of these Legal Terms;
• fraudulent, abusive or unlawful use of the Services;
• risks to the security, integrity or operation of the Platform, other users or third parties;
• supplying false, misleading or essentially inaccurate information;
• legal, judicial or competent authority requirement; or
• any other circumstance that makes it reasonably necessary to act immediately to protect Trivity, the Services, or third parties.

In such cases, Trivity will not assume any liability arising from such suspension or termination, without prejudice to any mandatory legal obligations that may be applicable.

15.2 Ordinary Termination

Apart from the above, Trivity may terminate the contractual relationship and cancel your account by giving reasonable notice, which, unless otherwise stated, will be thirty (30) days, communicated by electronic means.

During the notice period, Trivity may progressively limit certain functionalities of the Services, provided that this does not prevent the fulfillment of outstanding obligations or reasonable access to essential account information.

15.3 Effects of termination

Once the termination or cancellation of the account is effective:

• Your right to access and use the Services will cease;
• Trivity may deactivate or delete your account in accordance with its internal policies and applicable regulations;
• No right to a refund of any amounts already paid will be generated, except where expressly required by law.

15.4 Access to data after termination

Unless the termination resulted from serious breach, fraud, or compelling legal cause, Trivity will allow the Provider, for a reasonable period after termination, to access or request the export of essential account data, to the extent technically feasible and in accordance with applicable data protection regulations.

15.5 Re-registration Prohibition

If your account is suspended or canceled, you are prohibited from registering again, directly or indirectly, without express authorization from Trivity, including through the use of third-party identities, entities, or data.

Trivity reserves the right to take any legal action that may be appropriate in the event of a breach of this prohibition.

The provisions of this section are without prejudice to the Provider’s rights under Regulation (EU) 2019/1150, in particular with regard to the motivation, notification and advance notice of termination, where applicable.

16. MODIFICATIONS AND INTERRUPTIONS

Trivity reserves the right to change, modify, update, or delete, in whole or in part, the content, functionalities, or configuration of the Services at any time, when there is a justified reason and at its reasonable discretion, whether for technical, operational, commercial, security, regulatory compliance, or service improvement reasons. Except where legally or contractually required, Trivity is not obligated to provide individual prior notification of such changes.

Trivity assumes no obligation to keep the information available in the Services permanently updated, nor does it guarantee that certain content, functionalities or configurations will remain unchanged over time.

To the maximum extent permitted by applicable law, Trivity shall not be liable to the Provider or to third parties for any modifications, price changes, suspensions, interruptions or discontinuances of the Services, except in those cases where such liability cannot be legally excluded.

Trivity does not guarantee that the Services will be available uninterrupted or error-free at all times. The Services may be affected by technical incidents, maintenance, updates, infrastructure problems, third-party provider failures, or circumstances beyond Trivity's reasonable control, which may result in temporary interruptions, delays, or limitations in access to or use of the Services.

Accordingly, the Provider accepts that Trivity will not assume any liability for losses, damages or harm arising from the temporary inability to access or use the Services, nor for interruptions, suspensions or degradations of the service, provided that such circumstances are not attributable to willful misconduct or gross negligence on the part of Trivity and without prejudice to liability that cannot be excluded under applicable law.

Nothing in these Legal Terms shall be construed as creating an obligation on the part of Trivity to maintain, support, correct, update or continuously improve the Services, or to provide future versions, new features or specific developments beyond what is expressly agreed or legally required.

17. APPLICABLE LAW

These Legal Terms shall be governed by and construed in accordance with the laws of Spain, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. If you access or use the Services on behalf of a business, you agree that you are acting in a professional capacity and that consumer protection regulations applicable to consumers do not apply to this relationship.

18. DISPUTE RESOLUTION

18.1 Prior negotiation in good faith

Except as expressly excluded below, the Parties agree that any dispute, controversy or claim arising out of or relating to these Legal Terms (each, a "Dispute") will first be subject to an attempt at amicable resolution through good faith negotiation.

The negotiation will commence by written notification from one Party to the other and will continue for a maximum period of thirty (30) calendar days from receipt of such notification, unless the Parties expressly agree to a different period.

Failure to respond, express refusal to negotiate or expiration of the indicated period will enable either Party to resort to legal action as provided in this section.

18.2 Exceptions to prior negotiation

The obligation to negotiate beforehand will not apply when the dispute relates to:

• non-payment or breach of financial obligations;
• fraud, misuse of the Platform or serious breaches;
• security of the Services;
• protection or infringement of intellectual or industrial property rights; or
• the request for precautionary, provisional or urgent measures.

In such cases, either Party may go directly to the competent courts without the need for prior negotiation.

18.3 Jurisdiction and judicial competence

In the event that an amicable resolution is not reached in accordance with the above, any Dispute shall be submitted to the exclusive jurisdiction of the competent courts and tribunals of Barcelona (Spain), with express waiver, to the extent permitted by law, of any other jurisdiction that may correspond to them.

The Parties acknowledge and accept that they are acting within the framework of a strictly professional relationship (B2B), and therefore consumer and user protection regulations do not apply.

19. CORRECTIONS

There may be information in the Services that contains typographical errors, inaccuracies or omissions, including, but not limited to, descriptions, prices, rates, availability, conditions or other information related to the activities or operation of the Platform.

Trivity reserves the right to correct such errors, inaccuracies or omissions, as well as to modify or update the information in the Services at any time, when necessary for operational, technical or corrective reasons, without this generating a right to claim, provided that the reservations already confirmed in accordance with the applicable conditions are respected.

20. DISCLAIMER

The Services are provided "as is" and "as available." In any case, nothing in these Legal Terms excludes or limits liability that cannot be excluded or limited under applicable law.

The Provider acknowledges and accepts that the use of the Services is carried out under its sole responsibility and that Trivity acts only as a provider of a technological infrastructure, without organizing, operating or executing the activities offered by the Providers.

To the fullest extent permitted by law, Trivity excludes all warranties, express or implied, in connection with the Services and their use, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Trivity does not guarantee the accuracy, integrity, or permanent updating of the content published on the Services that originates from Provider Content, nor does it assume any responsibility for:

• errors or inaccuracies in content, prices, availability or information provided by the Providers;
• personal, material or economic damages resulting from the execution of activities by the Providers;
• unauthorized access to systems or data when not attributable to Trivity;
• temporary interruptions, technical errors or unavailability of the Services;
• the introduction of viruses, malware or other harmful elements from third parties;
• losses or damages arising from the use of content published or made available by third parties through the Services. Trivity does not guarantee, endorse, or assume any responsibility for products or services offered by third parties through the Platform, external links, or integrated channels, nor will it be a party to or responsible for transactions carried out between the Provider and third parties unrelated to Trivity.

The Provider acknowledges that any business decision made based on the information available in the Services is made under its own professional judgment and assumes the corresponding business risk.

21. LIMITATION OF LIABILITY

Except in cases of willful misconduct or gross negligence, and to the maximum extent permitted by applicable law, Trivity shall not be liable to the Provider or to any third party for indirect, consequential, special, incidental, exemplary or punitive damages, including, but not limited to, loss of profits, loss of revenue, loss of business opportunities, loss of data or any damages arising out of the use of or inability to use the Services, even if Trivity has been advised of the possibility of such damages.

In particular, Trivity will not be liable for claims, damages or losses arising from:

• the material execution of the activities offered by the Provider;
• acts or omissions of the Provider towards end users, Agents or third parties;
• cancellations, operational incidents, accidents or breaches related to the activities;
• business decisions made by the Provider based on information available on the Platform.

In any case, and regardless of the cause of action, whether contractual, extra-contractual or of any other nature, Trivity's total aggregate liability to the Provider shall be limited to the amount actually paid by the Provider to Trivity for subscriptions or services during the six (6) months immediately preceding the event that gave rise to the claim.

Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law.

22. COMPENSATION

The Provider agrees to defend, indemnify, and hold harmless Trivity, as well as its directors, officers, employees, agents, and collaborators, from and against any and all claims, demands, losses, damages, liabilities, penalties, costs, or expenses (including reasonable attorneys' fees) made by third parties and arising out of:

• the Provider Content;
• the execution, marketing or provision of the activities offered by the Provider;
• the Provider's use of the Services;
• failure to comply with these Legal Terms;
• infringement of third-party rights, including intellectual property rights, industrial property rights, image rights or data protection rights;
• Failure to comply with legal, regulatory or administrative obligations applicable to the Provider’s activity. Trivity reserves the right, at its choosing, to assume the exclusive defense and control of any indemnifiable claim, without relieving the Provider of its indemnification obligations. In such event, the Provider agrees to cooperate reasonably and at its own expense.

The Provider may not accept, settle, or resolve any claim involving obligations, responsibilities, or acknowledgments on the part of Trivity without Trivity's prior express written consent.

Trivity will reasonably notify the Provider of any claim subject to indemnification as soon as it becomes aware of it. Failure to provide prompt notification will not reduce the Provider’s indemnification obligations, except to the extent that such failure has caused demonstrable material harm.

23. PROVIDER INFORMATION MANAGED ON THE PLATFORM

Trivity will retain certain data transmitted by the Provider through the Services for the purpose of managing the operation of the Platform and providing the Services in accordance with these Legal Terms.

Although Trivity performs regular backups in accordance with its technical procedures, the Provider acknowledges that it is solely responsible for maintaining up-to-date copies of its critical information and data that it enters or manages through the Services.

To the maximum extent permitted by law, Trivity shall not be liable to the Provider for the loss, alteration or corruption of data where such loss is not a direct result of a serious breach by Trivity of its statutory or contractual obligations.

The foregoing is understood without prejudice to Trivity's obligations regarding the protection of personal data in accordance with the Privacy Policy and the applicable Data Processing Agreement.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails, accepting terms and conditions, and completing online forms constitute electronic communications.

The Provider consents to receive electronic communications and agrees that all agreements, notices, contractual notifications, disclosures, and other communications that Trivity provides to you electronically, whether by email or through the Services, satisfy any legal requirement for written form.

The Provider accepts the use of electronic signatures, contracts, orders and other electronic records, as well as the electronic delivery of policies, notices and records of transactions initiated or completed by Trivity or through the Services.

The Provider expressly waives any rights or requirements that require a handwritten signature, physical delivery, or storage on a non-electronic medium, to the extent permitted by applicable law.

25. INTERMEDIATION AND LACK OF RESPONSIBILITY FOR ACTIVITIES

Trivity acts as a technological platform that facilitates, in a purely technical way, the connection and channeling of reservations between activity providers and end users.

Trivity does not organize, operate, coordinate, supervise, manage or provide any of the activities listed or booked through the Platform.

Trivity may provide booking confirmations, communications or technical/administrative support related to the use of the Platform; however, such actions do not create any operational responsibility with respect to the activity.

The Activity Provider is solely and exclusively responsible for the organization, execution, safety, quality, legality, and regulatory compliance of the activities offered, including compliance with applicable laws, regulations, licenses, permits, and insurance requirements.

Any claim, complaint, damage, loss, injury, accident, or liability arising from or related to the activities must be directed to the relevant Activity Provider.

Except to the extent required by applicable law, Trivity shall not be considered a party to the contract between the activity provider and the end user, nor shall it be liable for the provider's acts, omissions, or breaches. For these purposes, Trivity acts as a provider of technological intermediary services, without assuming the obligations of the organizer, seller, or actual provider of the activity. Under no circumstances does Trivity assume the status of organizer, retailer, wholesaler, regulated tourism intermediary, or similar entity for the purposes of sector regulations.

Trivity does not assume general duties of diligence, supervision or control in relation to the activities except to the extent required by the legislation applicable to technology intermediary service providers or when necessary for the security, integrity and proper functioning of the Platform.

Notwithstanding the foregoing, the Provider expressly acknowledges and accepts that:

• The Provider is the one who exclusively and autonomously determines the essential elements of the activity, including, among others, the content of the activity, the base price, the duration, the availability, the conditions of participation, the cancellation, modification and refund policies, as well as the applicable legal, technical and security requirements;
• The Provider is solely responsible for the material execution of the activity and its correct provision to the end user;
• Trivity does not set prices, does not establish essential conditions of the activity, does not decide on the admission of participants, nor does it assume any responsibility for the organization, development or result of the activity.

Consequently, Trivity does not act as a travel agency, organizer, retailer, wholesaler or tour operator, nor does it assume functions of such figures, acting exclusively as a provider of a technological platform for the management, marketing and distribution of activities, in accordance with these Legal Terms.

The use of payment systems integrated into the Platform, as well as the possible appearance of references to Trivity in the technical payment processes or bank statements, is solely due to operational and technical reasons derived from the use of third-party payment service providers, and does not alter in any way the distribution of responsibilities described in this section, which is specifically regulated in the PAYMENTS AND REFUND LIABILITY section, without prejudice to the provisions of this section.

26. COMPENSATION AND INSURANCE

Without prejudice to the general compensation provided for in the COMPENSATION section, this section establishes, in a supplementary manner, specific obligations of the Provider with respect to the performance of the activities and its insurance coverage. For the purposes of clarification, this section applies only to claims related to the performance of the activities and the Provider's insurance coverage, without expanding or modifying the provisions of the PAYMENTS AND LIABILITY FOR REIMBURSEMENTS section.

The Provider declares and guarantees that it has all the legally required licenses, permits, certifications and insurance coverage to offer its activities, including liability insurance sufficient and appropriate to the nature, risk and volume of the activities, covering at least personal injuries, property damage and third-party claims arising from the performance of the activity.

The Provider agrees to indemnify, defend, and hold harmless Trivity, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related, directly or indirectly, to the Provider’s acts, omissions, breaches, fault, or negligence in connection with:

• the organization, provision, execution or security of the activities;
• any breach by the Provider of the regulations applicable to the activities (including licenses, permits, safety requirements or sector regulations);
• any claim by an end user, participant or third party in relation to damages, losses, injuries, accidents or incidents occurring in the context of the activity;
• any breach by the Provider of its insurance obligations, or the lack of sufficient coverage to respond to claims arising from the activity; or
• any fine, penalty or regulatory claim attributable to the Provider and arising from the activities, the content published by the Provider or its conduct in relation to the activities.

The allocation of responsibility and costs related to payments, refunds, chargebacks or payment disputes is specifically regulated in the PAYMENTS AND LIABILITY FOR REIMBURSEMENTS section.

27. PAYMENTS AND LIABILITY FOR REIMBURSEMENTS

27.1 Payment Processing

Payments made through the Platform are processed by duly authorized third-party payment service providers. Trivity acts solely as a provider of a technological infrastructure that technically facilitates the initiation, management, and tracking of payments and, where applicable, the channeling of funds to the Activity Provider, without intervening in the actual execution of the activity or assuming the role of organizer, seller, or service provider.

For operational and technical purposes, the charge made to the end user may be shown with references to Trivity (for example, in the bank statement or payment provider identifier), without this implying, in any case, that Trivity acts as the seller of the activity, a contractual party to the end user or responsible for the provision of the activity.

The Activity Provider remains solely responsible to the end user for the proper delivery of the activity, as well as for defining, communicating, and implementing its cancellation, modification, and refund policies, except to the extent that applicable law establishes mandatory obligations to the contrary. All of the foregoing is without prejudice to any legal obligations that may apply to Trivity as a provider of technological intermediation services or due to requirements of payment providers.

The Provider acknowledges that Trivity does not act as a custodian, depositary, or payment entity for legal purposes with respect to the amount corresponding to the price of the activity, without prejudice to Trivity being able to collect, where appropriate, its own amounts (e.g., management fees) in accordance with the technical flows of the Platform and that, for operational reasons, the funds may pass through the technical mechanisms of the payment provider before their settlement to the Provider.

27.2 Seller status and billing

Unless expressly stated otherwise, the Activity Provider acts as the direct seller (merchant of record) to the end user regarding the price of the activity, being solely responsible for issuing the invoice or equivalent document corresponding to said price, as well as for compliance with the associated tax and accounting obligations.

The management fees associated with the use of the Platform and the technological intermediation services provided by Trivity constitute a separate charge from the price of the activity. Trivity may invoice these management fees directly to the end user or, where applicable, to the Provider, according to the applicable configuration and the Platform's technical workflows.

Likewise, Trivity will issue the Provider the corresponding invoices or tax documents for the amounts owed for the use of the Platform, including, where applicable, management fees, commissions or other amounts applicable in accordance with these Legal Terms.

The fact that, for technical or operational reasons of the payment provider, the charge to the end user may be shown with references to Trivity does not alter the status of the Provider as seller of the activity nor does it imply that Trivity acts as seller, organizer or provider of the activity.

27.3 Platform management fees

The Provider acknowledges and accepts that certain bookings made through the Platform may include management fees associated with the use of the Platform and the technological intermediation services provided by Trivity.

Generally, these management fees may be passed on to the end user and displayed separately, clearly, and transparently during the booking process. However, Trivity may, through the Provider’s account settings or specific operating agreements, allow the Provider to assume all or part of these fees as part of its own business strategy.

In any case, the Provider expressly acknowledges and accepts that:

• Management expenses are not part of the base price of the activity set by the Provider, unless the Provider expressly decides to assume them;
• The eventual assumption of management fees by the Provider does not alter the nature of the Services provided by Trivity as a technological intermediation platform; and
• Trivity will be entitled to collect management fees according to the configuration in force at any given time, either by charging the end user directly or by billing the Provider in aggregate afterward, according to the applicable technical and operational flows.

The Provider acknowledges that the application, configuration, and allocation of management fees are governed by the Platform's technical and operational workflows in effect at any given time, and that these workflows may evolve without altering the legal nature of the Services. The Provider acknowledges that information regarding management fees is displayed transparently during the booking process in accordance with the Platform's current configuration. This is without prejudice to any mandatory consumer protection obligations that may be directly applicable to the Provider under applicable law.

27.4 Payment service provider fees

The Provider acknowledges and accepts that all fees, charges, costs and expenses applied by payment service providers (including, but not limited to, Stripe, card networks or financial operators), arising from the processing of payments, refunds, returns, chargebacks or disputes, will be borne entirely by the Provider.

Trivity will not be liable for such fees and will not be obliged to compensate, reimburse or absorb in whole or in part the costs applied by payment providers, unless expressly agreed otherwise in writing.

The Provider accepts that such fees may be automatically deducted from the settled amounts, when permitted by the payment providers or the technical and contractual flows of the Platform.

27.5 Refunds, cancellations and payment disputes

The Provider acknowledges that settlement times and the actual availability of funds may depend on the internal processes of payment service providers, regulatory compliance checks, and applicable rules of those providers.

Without prejudice to the Provider defining its commercial cancellation and refund policies, the Provider acknowledges and accepts that Trivity may, when necessary:

• initiate, process or execute refunds, in whole or in part, when required by payment service providers, card networks, applicable anti-fraud regulations or a legal obligation;
• temporarily withhold funds, pause settlements or limit access to certain payment functionalities when there are reasonable and objective indications of fraud, recurring

disputes, high risk of chargebacks, non-compliance with payment provider rules or verification requirements;

• request from the Provider information, documentation or reasonable cooperation for the proper handling of disputes, chargebacks or payment claims.

The Provider agrees to cooperate diligently and promptly with Trivity and payment providers in handling any dispute, chargeback, or claim. Failure by the Provider to cooperate, respond, or provide information may result in the unfavorable resolution of the dispute and the Provider’s full responsibility for all associated amounts and costs.

The Provider is solely responsible for defining, communicating and complying with its cancellation, modification and refund policies to end users, as well as managing and resolving any disputes related to payments, cancellations, no-shows, refunds or claims from end users.

Any refund, partial refund, payment reversal, chargeback, dispute, or payment adjustment arising from the provision, modification, or cancellation of an activity will be the sole and exclusive responsibility of the Provider. The Provider acknowledges that payment providers and card networks may impose specific rules, timeframes, holds, and fees in connection with disputes and chargebacks, and agrees that any resulting amounts, penalties, or costs will be borne entirely by the Provider.

Except where legally required or mandated by a payment service provider, Trivity will not assume, in whole or in part, nor be obligated to refund, the cost of management fees associated with a booking, even if the Provider, by commercial decision or by agreement with the end user, decides to refund the full amount paid, including these fees. In such cases, any amount corresponding to management fees that is refunded to the end user will be borne exclusively by the Provider, without any right of recourse against Trivity.

Trivity will not be liable for payment disputes between the Provider and end users, except to the extent that such liability is enforceable under applicable law or arises directly from a breach attributable to Trivity in the provision of the Services. Under no circumstances does Trivity guarantee the solvency, performance, or financial capacity of the Provider to end users.

The Provider acknowledges that certain incidents (including chargebacks, disputes, or refunds) may result in negative balances or adjustments to their account with the payment provider, and agrees that such amounts may be deducted from future settlements or require additional action in accordance with the terms of the payment provider.

When the Provider requests a refund or configures it through the Platform, the Provider authorizes Trivity, in a purely technical manner, to initiate or process said refund through the corresponding payment provider, on its behalf and at its expense, without this implying any assumption of responsibility by Trivity regarding the refund policy or the associated costs, which will be borne by the Provider.

27.6 Negative balances and right of compensation

The Provider acknowledges that certain transactions, including refunds, chargebacks, disputes, payment provider fees, management fees, Trivity commissions, or other adjustments, may result in negative balances or amounts owed by the Provider.

The Provider expressly authorizes Trivity to automatically offset any amount owed by the Provider to Trivity against any amounts due to the Provider in the future, including booking settlements, outstanding payments, or recurring charges, without further authorization. When the negative balance results from commissions earned by Agents or Accommodations under the automatic settlement system, Trivity may also proceed with the corresponding offset or charge.

Furthermore, when compensation is not possible or is insufficient, Trivity may charge the amounts due to the payment method registered by the Provider or require payment by other means, in accordance with applicable law.

The exercise of the right of compensation will not affect any other rights or actions that Trivity may have to claim amounts due.

28. AGENTS AND COMMISSIONS

28.1 Definitions

For the purposes of these Legal Terms:

• "Agent" means any third party acting in a professional capacity, including, but not limited to, tourist accommodations, agencies, prescribers, or other operators, who, through the Platform, may recommend, promote, broker, or channel bookings for Activities on behalf of end users. The agent does not, under any circumstances, act as a contractual party to the end user, nor as an organizer, seller, or provider of the Activities, nor as a financial intermediary.
• "Agent Commission" means the amount or percentage set by the Provider that is attributed to an Agent for a given booking, in accordance with the Provider's current configuration on the Platform.
• "Trivity Commission" means the remuneration due to Trivity for the use of the Platform and for the technological intermediation, distribution and booking facilitation services provided to the Provider within the framework of bookings channeled through Agents, regardless of the commercial agreements existing between Provider and Agent.
• "Validated reservation" means a reservation that has acquired the status of validated according to the states, flows and operating rules of the Platform, either through express validation by the Provider or through automatic validation by the system once the term has elapsed or the conditions defined by Trivity have been met, unless there is an incident registered according to said flows.
• "Conversion of commission into discount" means the mechanism by which, unless the Provider has expressly disabled or limited this option for a particular Activity or business relationship, an Agent may choose to transform, in whole or in part, the Agent Commission that corresponds to him or her into a discount applied to the booking price for the end user, according to the configurations in force on the Platform.

28.2 Authorization of Trivity for intermediation with Agents

The Provider expressly, revocably and non-exclusively authorizes Trivity to allow third parties registered on the Platform as Agents to offer, recommend, promote and channel bookings of its Activities to end users, through the Services and in accordance with the commission, discount, availability and commercial conditions defined by the Provider on the Platform at any given time.

This authorization is granted without the need for a direct contract between the Provider and each Agent, the Provider expressly acknowledging that the Agent's contractual relationship with Trivity is established exclusively in relation to the use of the Platform, in accordance with the terms and conditions applicable to the Agents, without prejudice to the fact that Trivity does not intervene in possible external commercial relationships outside the Platform, which are not part of the Services.

The Provider accepts that Trivity acts as an enabling technological platform, granting the Agents the necessary operating rights to market the Activities within the scope of the Services, without this implying that Trivity acts as organizer, operator, commercial agent of the Provider or as a party in the contractual relationship between the Provider and the end user.

Under no circumstances does the Agent assume any responsibility for the organization, execution, safety, quality or legality of the activity, either to the end user or to third parties, these responsibilities being exclusively the responsibility of the Provider.

Trivity is not responsible for the actions, omissions, communications, recommendations or breaches of the Agent made outside the strictly technical scope of the Platform, Trivity being responsible only for the correct technical functioning of the Services in accordance with these Legal Terms.

The Provider may, at any time, limit, restrict or revoke the access of certain Agents to its Activities through the configuration tools available on the Platform, without need for justification and without this generating any right to compensation.

28.3 Commission Configuration

The Provider defines, at the time of registration or at any time thereafter through the Platform, a default commission applicable to bookings made through Agents. The Provider may also establish specific commissions for certain Agent-Activity relationships, which will take precedence over the default commission where applicable.

The Provider is solely responsible for setting up, reviewing, and keeping its commissions up to date, as well as verifying that these settings accurately reflect its commercial agreements with the Agents.

The Provider acknowledges that the applicable fees will be those in effect at the time of booking according to the configuration existing at that time.

28.4 Trivity Commission

The Provider acknowledges and accepts that Trivity may receive a Trivity Commission for each booking channeled through an Agent via the Platform, as consideration for the technological intermediation, distribution, operational management and support services provided.

Unless otherwise specified, this commission will be borne by the Provider. However, the Platform will allow the commission to be borne entirely or partially by the Agent, or split between the parties according to agreed percentages. The allocation in effect at the time the booking is created will be the one applicable for billing and settlement purposes.

Trivity’s Commission:

• is independent and compatible with the Agent Commission;
• does not constitute a management fee that can be charged to the end user;
• accrues within the framework of the B2B relationship between Trivity and the Provider; and
• is billed and, where applicable, collected automatically according to the current billing cycles, in aggregate with other amounts due to Trivity (including, where applicable, subscriptions or other fees), by charging the payment method registered by the Provider, and not by direct deduction from the amount of each individual booking.

The amount, percentage, calculation basis and conditions of Trivity’s Commission will be those in force at any given time according to the contracted plan, the configuration of the Provider's account, the information shown on the Platform or the applicable commercial agreements, without it being necessary for such values to be expressly stated in these Legal Terms.

Trivity’s Commission becomes definitively due when the corresponding reservation acquires the status of Validated Reservation according to the statuses, flows and operating rules of the Platform, which implies that the activity has been considered valid according to the operating flows of the Platform, regardless of commercial incidents, non-presentations or subsequent disputes, except for material error or legal requirement.

Once the booking is validated, Trivity’s Commission is considered firm, irreversible and non-refundable, without prejudice to the fact that the actual collection may be made later and in aggregate according to the current billing model.

The Provider acknowledges and accepts that Trivity’s Commission is not necessarily charged at the time of payment of the booking, but may be charged in aggregate together with other amounts owed by the Provider to Trivity (including, where applicable, subscriptions or other commissions), by automatic charge to the registered payment method or by periodic billing.

Only in exceptional circumstances, and when legally required or strictly necessary for serious technical reasons, proven fraud, a final administrative or judicial decision, or the correction of obvious material errors, may Trivity make adjustments to previously accrued commissions.

These assumptions do not constitute a common practice, do not alter the firm nature of the accrual and do not generate any right to compensation, refund or automatic regularization in favor of the Provider.

28.5 Conversion of Agent Commission to Discount

The Provider may disable or limit, through their account settings, the possibility of the Agent Commission being converted, in whole or in part, into a discount offered to the end user.

When this option is enabled:

• The discount will be applied according to the settings in force on the Platform at the time of booking; and
• The Provider acknowledges and accepts that the economic impact of said discount falls exclusively on the Provider, reducing the amount due to them for the reservation, without Trivity assuming any obligation of subsidy, compensation or adjustment, unless expressly agreed in writing.

28.6 Commission calculation and display

Trivity will be able to automatically display, calculate, and record commissions and discounts derived from the Provider's configurations, including the Agent Commission and Trivity’s Commission.

The Provider acknowledges that such calculations are performed exclusively on the basis of information, parameters and configurations defined by it or accepted according to its plan, and accepts that it is its responsibility to verify their consistency and suitability.

28.7 Accrual and settlement of Agent commissions

The Provider expressly acknowledges and accepts that:

• Agent commissions are not settled at the time of booking payment;
• The Agent Commission is only due when the corresponding reservation has been validated.

For operational and commission calculation purposes, Trivity may consider a reservation as automatically validated once a certain period has elapsed from the scheduled date of the activity, unless expressly indicated otherwise or incidents are detected according to the Platform's flows.

Trivity may offer an optional automatic settlement system for Agent commissions. When this functionality is activated, Trivity will calculate commissions according to the configured percentages and then proceed to:

• include the corresponding amount in the Provider’s monthly invoice;
• manage the settlement to the corresponding Agent.

The Agent Commission will be paid once Trivity has received the corresponding amounts from the Provider. In the event of non-payment, late payment, or insufficient funds from the Provider, Trivity may suspend payment until the situation is rectified, without assuming any obligation to provide advance payment, financing, or financial coverage to the Agent.

The Provider accepts that any adjustment resulting from cancellations, returns, modifications, refunds, chargebacks or incidents may be regularized in subsequent billing cycles.

If you do not use the automatic commission settlement, Trivity does not guarantee the effective payment of Agent commissions under any circumstances, nor does it assume any obligation to advance, collect, or secure such amounts.

28.8 Cancellations, refunds and adjustments

Since the Agent Commission is not settled at the time of payment and can only be accrued after the booking has been validated, the Provider acknowledges and accepts that:

• Cancellations, modifications, refunds, no-shows, disputes, chargebacks or payment adjustments do not create any obligation for Trivity to make refunds or adjustments in favor of Agents.
• Any economic impact arising from these circumstances will be borne by the Provider in accordance with its cancellation policies, the rules of the payment providers and applicable legislation, without prejudice to any obligations that may exist exclusively between the Provider and the Agent outside the Platform.

28.9 Provider-Agent Relationship

The economic conditions applicable to reservations channeled through the Platform, including commission percentages, incentives, discounts or any other economic parameters, will be exclusively those configured on the Platform by the Provider and in force at the time of the creation of the reservation.

The Provider acknowledges that these configurations constitute the only applicable economic framework within the Platform and that Trivity will apply, calculate and record the commissions according to the configured technical parameters, without intervening in the negotiation or assuming responsibility for its commercial suitability.

Trivity is not a party to any direct contractual relationship between the Provider and the Agent arising from bookings made through the Platform. The existence of any external commercial agreements between the Provider and the Agent outside the Platform does not affect the internal economic operation of the Services nor alter the commissions, settlements, or calculations performed according to the Platform's current configurations.

28.10 Misuse and avoidance of commissions

The Provider agrees not to use or permit the use of external or alternative mechanisms to circumvent fees, discounts, economic conditions, or booking flows established on the Platform. Any conduct aimed at diverting bookings away from the Platform or avoiding the application of the configured fees may be considered a serious breach of these Legal Terms, with the consequences stipulated in the PROHIBITED ACTIVITIES section and in the other applicable provisions.

29. OTAs, CHANNEL MANAGER AND EXTERNAL INTEGRATIONS

29.1 Definitions

For the purposes of these Legal Terms:

• "OTA" (Online Travel Agency) means any third-party digital platform that markets tourism activities to end users under its own terms and conditions, including, but not limited to, marketplaces, online travel agencies, or other similar operators.
• "Channel Manager" means the functionality or set of technological tools from Trivity that allow technical integration with OTAs for synchronization of availability, prices, content and the import of reservations from these platforms.
• "OTA Booking" means a booking of an Activity made by an end user through an OTA and subsequently imported, synchronized or reflected on the Platform by means of the Channel Manager.
• "OTA Commission" means any commission, fee or cost charged by the OTA to the Provider in connection with bookings made through the OTA, in accordance with the OTA's contractual terms.
• "Trivity Commission for OTA Integration" means the remuneration due to Trivity for the use of the Channel Manager and for the technological integration, synchronization and operational management services of OTA Reservations.

29.2 Nature of the integration with OTAs

In addition to its main services, Trivity offers technical integration functionalities with certain OTAs through its Channel Manager.

This integration is strictly technological in nature, and its purpose is to facilitate the centralized management of the Provider’s operations, allowing the synchronization of information and the import of OTA Reservations on the Platform.

Trivity does not act in any case as:

• seller of the Activities;
• tour organizer or operator;
• the Provider’s commercial agent to the OTA; nor
• contractual party in the relationship between the Provider and the OTA or between the Provider and the end user.

The contractual relationship between the Provider and each OTA is governed exclusively by the terms and conditions of the corresponding OTA, which will prevail in all matters relating to prices, commissions, commercial policies, cancellations, refunds and conditions applicable to OTA Bookings.

29.3 Bookings from OTAs

OTA Reservations imported or synchronized on the Platform:

• They are registered for operational and internal management purposes of the Provider;
• do not alter the Provider's status as solely responsible for providing the Activity to the end user; and
• They do not, in themselves, create any contractual relationship between Trivity and the end user.

The Provider acknowledges that the correct import and synchronization of OTA Reservations depends, in part, on:

• the availability and stability of the OTA APIs or systems;
• the quality, accuracy and updating of the information provided by the Provider; and
• the technical limitations inherent in integrations with third-party systems.

29.4 OTA Commissions

The Provider expressly acknowledges and accepts that:

• Any OTA commission is set, collected and managed exclusively by the corresponding OTA;
• These commissions are not managed, retained, or collected by Trivity; and
• Trivity assumes no responsibility for the amount, calculation, modification or collection of OTA Commissions.

The payment of OTA Commissions is the sole responsibility of the Provider to the OTA, in accordance with the contractual agreements that exist between both parties.

29.5 Trivity Commission for integrations with OTAs

The Provider acknowledges and accepts that Trivity may receive a Trivity Commission for OTA integration as consideration for the use of the Channel Manager and for the technological integration, synchronization and operational management services of OTA Reservations.

The aforementioned Trivity Commission for OTA integration:

• is independent of any OTA Commission;
• accrues within the framework of the B2B relationship between Trivity and the Provider; and
• is not passed on to the end user as an administrative expense.

29.6 Accrual and finality of the Trivity Commission for OTA integration

The Trivity Commission for OTA integration is accrued definitively when the corresponding OTA Reservation acquires the status of Validated Reservation, according to the states, flows and operating rules of the Platform, either through express validation of the Provider or through automatic validation of the system once the term has elapsed or the conditions defined by Trivity have been met.

Once the OTA Booking is validated, the Trivity Commission for OTA integration is considered firm, irreversible and not subject to refund, without prejudice to its effective collection being carried out subsequently and in aggregate according to the current billing model.

29.7 Billing and aggregate collection

The Provider acknowledges and accepts that the Trivity Commission for OTA integration:

• is not necessarily charged at the time of payment for the booking on the OTA; and
• may be billed and collected in aggregate together with other amounts owed by the Provider to Trivity (including, where applicable, subscriptions, Trivity Agent Commissions or other applicable commissions), by automatic charge to the registered payment method or by periodic billing, in accordance with the operating model in force at any given time.

29.8 Limitation of liability in OTA integrations

Trivity does not guarantee continuous availability, absolute accuracy, or the absence of errors in integrations with OTAs, and will not be liable for:

• interruptions, outages or modifications of the OTA systems;
• synchronization errors resulting from changes in third-party APIs;
• overselling, availability inconsistencies or price discrepancies caused by external systems;
• economic losses resulting from decisions or actions of the OTA.

The Provider acknowledges that integrations with OTAs involve technical risks inherent in third-party systems, which it assumes as part of using the Channel Manager.

29.9 Suspension and deactivation of integrations

Trivity may, at any time and at its reasonable discretion:

• suspend, limit or disable an integration with a specific OTA;
• modify the technical scope of the Channel Manager; or
• stop supporting certain OTAs, when there are technical, legal, regulatory, security, operational risk or service discontinuation reasons by the OTA, without this generating a right to compensation in favor of the Provider.

29.10 Lack of exclusivity

Use of the Channel Manager does not imply any exclusivity. The Provider is free to:

• contract directly with OTAs;
• use other channel managers; or
• manually manage your channels, provided that such actions do not interfere with the proper functioning of the Platform or violate these Legal Terms.

30. ACCURACY OF INFORMATION PROVIDED BY ACTIVITY PROVIDERS

The Activity Provider is solely responsible for the accuracy, completeness, legality and timeliness of all information published or made available through the Platform, including, without limitation, activity descriptions, prices, availability, schedules, locations, requirements, conditions of participation and cancellation, modification and refund policies.

Trivity merely provides a technological infrastructure for the management and dissemination of such information and relies exclusively on the information provided by the Provider, without assuming any obligation of prior verification, supervision or control of its accuracy, integrity or updating, except to the extent required by applicable law.

Trivity will not be liable for inaccuracies, errors, omissions, outdated or incomplete information provided by the Provider, nor for decisions made by end users, Agents or other third parties based on such information, nor for the consequences, damages or losses that may arise directly or indirectly from it.

31. TRANSPARENCY AND P2B OBLIGATIONS

This section is incorporated in compliance with Regulation (EU) 2019/1150 of 20 June 2019 on the promotion of fairness and transparency for professional users of online intermediation services (the “P2B Regulation”), and will apply to Providers using the Trivity Platform to offer activities to end users.

31.1 Reasons for suspension, restriction and termination

Trivity may suspend, restrict or terminate, in whole or in part, a Provider's access to the Platform and the Services, in accordance with these Legal Terms, when any of the following reasons, among others, occur:

• serious or repeated breach of the Legal Terms;
• fraudulent, abusive or deceptive use of the Platform;
• risks to the security, integrity or proper functioning of the Services;
• non-payment of amounts owed to Trivity;
• failure to comply with legal, regulatory or sectoral obligations applicable to the activities offered;
• lack of required licenses, permits, certifications or insurance;
• requirements of competent authorities, payment service providers or legal obligations.

Except in the cases of immediate termination provided below, Trivity will notify the Provider of the decision to suspend or terminate at least thirty (30) calendar days in advance, stating the reasons for such decision and, when reasonably possible, offering the opportunity to remedy the breach.

Trivity may suspend or terminate access immediately, without prior notice, when serious circumstances arise such as fraud, security risks, serious breaches, significant non-payment, or legal or regulatory requirements that demand immediate action.

31.2 Internal claims management system

Trivity provides Providers with an internal claims management system in accordance with the P2B Regulation.

Providers may submit claims related to:

• suspension, restriction or termination of access to the Platform;
• issues relating to payments, invoicing or refunds;
• operation of the positioning or visibility system;
• access, use or portability of data;
• any other matter related to the provision of the Services.

Claims must be submitted in writing to the contact address indicated in the CONTACT section of these Legal Terms. Trivity will acknowledge receipt of the claim and handle it in good faith, endeavoring to respond within a reasonable timeframe, generally no longer than fifteen (15) business days, without prejudice to the complexity of the case.

31.3 Mediation

In the event that a Dispute cannot be resolved through the internal claims system, Trivity expresses its willingness to consider in good faith the possibility of resorting to voluntary mediation with independent mediators.

For these purposes, Trivity indicates the following as possible mediators, for informational purposes only:

• the Barcelona Chamber of Commerce; and
• a mediation center recognized at the European level in commercial or digital matters.

Participation in mediation will be voluntary for both Parties and will not prevent the subsequent exercise of legal actions as provided for in these Legal Terms.

31.4 Transparency in the positioning and ranking of activities

The Platform may display activities in listings, search results, featured sections, or other ordered formats.

The order or visibility of activities can be influenced by, among other things, the following main factors:

• availability and configuration of the activity;
• price and economic conditions;
• language, location or end-user preferences;
• historical performance or conversion rate;
• quality and completeness of the information provided;
• commercial agreements or contracted plans, where they exist. Trivity does not guarantee a specific ranking or a minimum level of visibility, and does not disclose algorithmic formulas or specific weightings.

In the case of activity listings shown to end users through Agents, the order, selection or prioritization of activities can be determined directly by the Agent, according to their own commercial, operational or contextual criteria, using the tools and functionalities that Trivity makes available to them or through external channels managed by said Agent.

In such cases, Trivity does not intervene in the specific ordering or prioritization decision made by the Agent, without prejudice to the Platform being able to apply minimum technical criteria necessary for the proper functioning of the service.

31.5 Access to Platform Information

In the context of using the Platform, Trivity generates and processes data related to the Provider’s activity, including, but not limited to, booking data, customers, transactions and operational metrics.

The Provider may access certain data through the functionalities enabled on the Platform and, when available, export them during the term of the contractual relationship and for a reasonable period after its termination, in accordance with these Legal Terms and the applicable DPA.

Certain data may be shared with agents, accommodations or other authorized collaborators, exclusively to the extent necessary for the proper provision of the Services.

31.6 Differential treatment

Trivity states that it does not currently offer its own activities or act as a provider of activities that compete with the Providers.

In the event that there are commercial agreements, subscription plans or configurations that may affect the visibility or conditions of certain Providers, such differentiated treatment will be based on objective and transparent criteria, and will be communicated in accordance with these Legal Terms.

31.7 Modification of the Legal Terms

Any modification of these Legal Terms will be communicated to the Providers at least fifteen (15) calendar days before its entry into force.

When a modification is required for legal, regulatory, security, or fraud prevention reasons, or requires immediate implementation to protect the Platform or third parties, Trivity may implement such changes without adhering to the stated timeframe, informing the Provider as soon as reasonably possible. Continued use of the Platform after the modifications take effect will constitute acceptance of them. If the Provider does not accept them, the Provider may terminate the contractual relationship before they take effect, in accordance with these Legal Terms.

32. MISCELLANEOUS

32.1 Full Agreement

These Legal Terms, together with any policies, legal notices, operating rules or documents expressly incorporated by reference (including, where applicable, the Privacy Policy and Data Processing Agreement), constitute the entire agreement between the Provider and Trivity regarding access to and use of the Services, and supersede any prior agreements, communications or understandings, whether oral or written.

32.2 No waiver

Trivity's failure to exercise or enforce any right, power, or provision of these Legal Terms shall not in any event constitute a waiver of such right, power, or provision, nor shall it limit its subsequent exercise.

32.3 Maximum application permitted by law

These Legal Terms will apply to the fullest extent permitted by applicable law.

32.4 Transfer

Trivity may assign, transfer, or subrogate, in whole or in part, its rights and obligations under these Legal Terms to third parties, particularly in the context of corporate transactions, reorganizations, business transfers, mergers, acquisitions, or changes of control, without the Provider’s consent. The Provider may not assign or transfer its rights or obligations without Trivity's prior express consent.

32.5 Force majeure

Trivity will not be liable for any failure or delay in the performance of its obligations when such failure or delay is due to causes beyond its reasonable control, including, but not limited to, supply failures, network or service interruptions, cyberattacks, pandemics, labor disputes, acts of public authorities or force majeure.

32.6 Severability

If any provision of these Legal Terms is declared unlawful, void or unenforceable, in whole or in part, by a competent authority, such provision shall be deemed severable and shall not affect the validity, legality or enforceability of the remaining provisions.

32.7 Independence of the parties

Nothing in these Legal Terms shall be construed as creating a partnership, joint venture, agency, mandate, franchise, or employment relationship between the Provider and Trivity.

The Provider acts at all times as an independent business owner and on its own behalf.

32.8 Electronic form

The Provider acknowledges and accepts that these Legal Terms are formalized by electronic means and expressly waives any objection based on their electronic format or the absence of a handwritten signature, to the extent permitted by law.

32.9 Language

These Legal Terms have been drafted in Spanish. In the event of translation into other languages, the Spanish version shall prevail in case of discrepancy or conflict of interpretation.

33. CONTACT

To resolve a complaint regarding the Services or to receive more information about their use, you can contact us at: