AGREEMENT ON OUR SPECIFIC TERMS AND CONDITIONS

These specific Terms and Conditions of use (the "Terms") govern access to, browsing and use of the Trivity technology platform, as well as the booking of tourist activities through it, by end users (the "User").

The Trivity platform is operated by Trivity Tech, S.L., a Spanish company with NIF/VAT number ESB21924360, registered office at Carrer Finlàndia 9, 08014 Barcelona (Spain), and contact email admin@trivityapp.com ("Trivity").

Trivity is a digital technology intermediation platform that allows Users to discover, view and book activities, experiences or tourist services offered directly by independent third-party providers (the "Providers"), through digital tools for catalog, availability, bookings, payments and operational communication.

Trivity is not the provider of the activities, nor does it act as organizer, operator, service provider, travel agency, regulated tourism intermediary or contractual party in the material performance of the activity.

The contractual relationship relating to the booked tourist activity is established exclusively between the User and the Provider offering that activity, the latter being solely responsible for its organization, performance, quality, safety, legality, regulatory compliance and User support.

Under no circumstances does Trivity act as provider, organizer, performer or party responsible for the activities offered by Providers, as further developed in sections 3, 9, 11 and 12.

Trivity's role is limited exclusively to providing a technology infrastructure that enables the connection between Users and Providers and the technical channeling of bookings.

By accessing the Platform or making a booking through Trivity, the User declares that:

• they have sufficient legal capacity to contract under applicable law;
• they act as a consumer or end user;
• they have read, understood and fully accept these Terms.

If the User does not agree with these Terms, they must refrain from using the Platform and must not make any booking through Trivity.

You can contact Trivity by:

• telephone: +34 681278113
• email: admin@trivityapp.com
• postal mail: Carrer Finlàndia 9, 08014 Barcelona (Spain)

Trivity may modify these Terms at any time for legal, technical or operational reasons. The version in force will always be the one published on the Platform at the time of booking.

Modifications will not apply retroactively to bookings already confirmed, except where legally required.

Definitions

"Activity"

any tourist experience, service or activity offered by a Provider through the Platform.

"Agent"

any natural or legal person who, in the course of their professional activity, uses the Platform to recommend, prescribe or channel bookings of Activities.

"Provider"

any natural or legal person who offers Activities through the Platform.

"End User"

any person who books or participates in an Activity.

"Booking"

the booking of an Activity channeled through the Platform.

"Platform"

the set of Trivity's digital features and tools.

"Services"

the technology services provided by Trivity under these Terms.

1. IDENTITY OF THE SERVICE PROVIDER

The provider of the Trivity technology platform services is:

Hereinafter, "Trivity".

2. PURPOSE AND SCOPE OF APPLICATION

2.1 Purpose

These Terms and Conditions govern access to and use by end users of the Trivity technology platform, as well as the conditions applicable to the process of consulting, selecting and booking tourist activities offered by independent third-party providers through that platform.

Trivity makes available to end users a digital infrastructure that allows them to:

• view tourist activities;
• consult information, availability and prices;
• start and complete booking processes; and
• where applicable, make online payments in accordance with the conditions established by each Provider.

2.2 Subjective scope: end users

These Terms and Conditions apply to natural persons acting as consumers or end users, understood as persons who book or participate in a tourist activity for personal, recreational or non-professional purposes.

The user declares that they act outside the scope of any business or professional activity, and acknowledges that the relationship with Trivity is B2C in nature, limited exclusively to use of the technology platform.

2.3 Bookings without account creation

Use of Trivity to make bookings does not require the creation of a user account.

Each booking is made on a one-off and independent basis, by entering the data strictly necessary for:

• proper identification of the booking;
• its operational management; and
• communication of relevant information related to the booking.

The absence of a user account means that:

• no permanent profile is created;
• there is no ongoing contractual relationship with Trivity; and
• the relationship between the user and Trivity is limited to facilitating the booking of an activity offered by a third-party provider, who is solely responsible for that activity.

Trivity does not organize or control the performance of activities uploaded to its platform by providers.

2.4 Objective scope and limitation of the relationship with Trivity

The contractual relationship between the end user and Trivity is limited exclusively to access to and use of the technology platform in accordance with these Terms.

In particular:

• Trivity is not a party to the contract for provision of the tourist activity;
• Trivity assumes no obligations relating to the performance, quality, safety or outcome of the activity.

The contractual relationship relating to the tourist activity is established directly between the end user and the Provider, in accordance with the conditions determined by the latter.

3. NATURE OF TRIVITY'S SERVICE

3.1 Technology intermediation platform

Trivity is a technology platform that allows end users to discover tourist activities offered by third-party providers, consult information about those activities and channel bookings digitally.

The service provided by Trivity is limited exclusively to making available a technology infrastructure for activity providers and tourism agents that facilitates access to information, availability, prices and booking flows, without intervening in the creation, organization, execution or material provision of the activities.

3.2 Absence of status as activity provider

Trivity is not the provider of the activities offered on the Platform.

The activities are offered, managed and performed solely and exclusively by the corresponding Providers, who act in their own name and under their own responsibility.

Accordingly, Trivity does not assume obligations of the Activity provider nor guarantee its performance.

3.3 Not a travel agency or regulated tourism intermediary

Use of the Platform does not constitute the contracting of a travel agency service or regulated tourism intermediation under applicable regulations.

Trivity:

• does not act as a travel agency;
• does not organize package travel or linked travel arrangements;
• does not assume responsibilities of organizers or retailers; and
• does not acquire such status merely by facilitating the booking of individual activities.

4. BOOKING PROCESS

4.1 Creation and confirmation of the booking

The booking process through the Platform is structured through a digital technical flow that allows the end user to select an Activity offered by a Provider, enter the data required by that provider and complete the booking process according to the options available in each case.

When the Platform system creates a booking, it is registered and confirmed for technical and operational purposes, with its validity conditioned, where applicable, on completion of payment within the established period.

Creation of the booking implies the user's acceptance of:

• the Activity conditions defined by the Provider;
• these Terms and Conditions; and
• the economic and operational conditions applicable in each case.

4.2 Bookings subject to online payment and expiry

For bookings that require total or partial payment of the Activity through online payment via the Platform, the booking is conditional upon successful completion of payment.

If online payment is not completed within the enabled period (usually thirty (30) minutes, unless a different period is indicated), the booking:

• may be automatically marked as expired;
• will lose its validity; and
• will cease to have effect vis-à-vis the Provider.

The user acknowledges and accepts that, in such cases, expiry of the booking occurs automatically and without the need for individual notification, without prejudice to the Platform being able to display or send operational notices where possible.

4.3 Operational booking statuses

During its life cycle, a booking may have, among others, the following technical statuses:

• confirmed;
• pending payment;
• expired;
• modified;
• cancelled.

These statuses have a merely operational and technical purpose, and make it possible to reflect the situation of the booking within the Platform without altering the nature of the contractual relationships between the parties.

4.4 Confirmed booking and performance of the Activity

Confirmation of a booking through the Platform does not imply or guarantee effective performance of the Activity, which depends exclusively on the Provider and the conditions applicable in each case.

The material performance of the Activity may be affected by causes outside Trivity's control, including, among others:

• weather conditions;
• safety reasons;
• operational decisions of the Provider;
• force majeure; or
• failure by the user to meet the requirements demanded for the Activity.

Trivity assumes no liability for the performance, modification, interruption or cancellation of the Activity once the booking has been created, without prejudice to the provisions on cancellations, modifications and refunds.

4.5 Access to the Platform through third parties

Access to the Platform may occur through channels managed by professional third parties (for example, tourist establishments, prescribers or physical devices made available to the user).

Such third parties:

• are limited to facilitating technical access to the Platform;
• do not act on behalf of Trivity or the Provider;
• are not party to the contract between the user and Trivity or to the contract between the user and the Provider; and
• assume no liability whatsoever in relation to the booked activity.

5. CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES

5.1 Relationship between the end user and the Provider

Booking an Activity through the Platform gives rise to a direct and exclusive contractual relationship between the end user and the Activity Provider.

The Provider is solely responsible for:

• the organization, performance and provision of the Activity;
• compliance with the conditions offered;
• the safety, quality and legality of the Activity;
• obtaining the required licenses, permits and insurance; and
• compliance with applicable sectoral and consumer regulations.

5.2 Relationship between the end user and Trivity

Between the end user and Trivity there is only a contractual relationship limited to use of the Platform as a technology tool to:

• access information about Activities;
• facilitate the technical booking process; and
• where applicable, manage online payment when this option is enabled.

5.3 Absence of contractual relationship between the end user and Agents

When an Activity is booked through a channel managed by an Agent or prescriber, such as hotels and tourist accommodations (including, among others, websites, tablets, digital kiosks or similar interfaces), no contractual relationship is created between the end user and the Agent in relation to the booked Activity.

The Agent acts exclusively as a recommendation or prescription channel, without intervening in:

• the contracting of the Activity;
• the setting of prices or conditions;
• collection from the end user; or
• performance of the Activity.

The end user acknowledges and accepts that any claim related to the Activity must be directed exclusively against the corresponding Provider, without prejudice to the rights they may have against Trivity in relation to use of the Platform as a digital service.

6. PRICES, PAYMENTS AND ECONOMIC FLOWS

6.1 Activity prices

The prices of Activities shown on the Platform are established exclusively by the corresponding Provider and may vary depending on date, availability, modality, number of participants or other conditions defined by that Provider.

Trivity does not set, modify or guarantee Activity prices, nor does it intervene in determining applicable discounts, promotions or economic conditions, except to the extent strictly necessary for their correct technical display on the Platform.

The end user acknowledges that the final booking price will be the one shown on the Platform when completing the booking process, without prejudice to any amounts that must subsequently be paid at destination where so defined by the Provider.

6.2 Payment methods

Depending on the configuration of each Activity by the Provider, the booking may be subject to one or more of the following payment methods:

a) Full online payment

The full amount of the Activity is paid online at the time of booking, through the payment systems enabled on the Platform.

b) Deposit payment

The user pays a partial amount online as a deposit at the time of booking, and must pay the remaining amount directly to the Provider, at destination or in accordance with the conditions established by the Provider.

c) Partial or full payment at destination

The booking is confirmed without online payment, or with partial payment, and the user must pay the corresponding amount directly to the Provider at the time and in the manner determined by the Provider.

Trivity does not guarantee acceptance of any specific payment method by the Provider, nor is it responsible for payment conditions at destination.

6.3 Trivity management fees

When a booking involves online payment through the Platform, an amount may apply as management fees associated with Trivity's technology service. Such fees may be borne by the User, the Provider or third parties configured on the Platform, according to the conditions applicable at the time of booking.

Management fees:

• correspond exclusively to the provision of Trivity's technology service;
• are independent of the Activity price set by the Provider;
• accrue when the online payment is made; and
• do not form part of the amount received by the Provider.

Except where legally required, management fees are not refundable by Trivity, regardless of whether:

• the Provider cancels the Activity;
• the user exercises a right of cancellation in accordance with the Provider's policy; or
• the Provider decides, for commercial reasons, to refund all or part of the Activity price.

The user expressly accepts that any refund of the Activity price will be governed exclusively by the Provider's cancellation policy and will not affect the management fees charged by Trivity, which will in all cases remain with Trivity, unless there is a legal obligation to the contrary. The Provider may, at its sole discretion (and, where applicable, in accordance with its cancellation policy), refund together with the activity amount the amount corresponding to Trivity's management fees.

6.4 Trivity's role in payment

Trivity acts exclusively as provider of a technology infrastructure that enables:

• the initiation of online payments;
• the transmission of payment orders to payment service providers; and
• technical communication of the status of payment and booking.

Trivity does not act as financial intermediary, payment institution or custodian of End User funds. In particular, Trivity does not guarantee:

• effective collection by the Provider where the Provider is to receive amounts directly;
• return of amounts corresponding under the Provider's policy;
• the Provider's solvency; or
• proper execution of refunds that depend exclusively on decisions or actions of the Provider.

Claims related to the Activity price, its refund, refund periods or economic discrepancies arising from the Provider's policy must be directed directly to that Provider.

The foregoing is without prejudice to any liabilities that may correspond to Trivity where the incident derives directly and exclusively from a technical failure attributable to its own systems or from breach of legal obligations applicable to it as a digital service provider.

7. CANCELLATIONS, MODIFICATIONS AND REFUNDS

7.1 Cancellation and modification policies defined by the Provider

The conditions applicable to the cancellation, modification or refund of a booking (including deadlines, refundable amounts, penalties, no-shows or force majeure cases) are established exclusively by the Activity Provider.

Such conditions:

• are specific to each Activity;
• may vary between Providers; and
• are shown to the end user during the booking process or before confirmation.

The user acknowledges and accepts that Trivity does not define, negotiate or alter the cancellation or modification policies of Activities.

As a general rule, and without prejudice to applicable regulations, the right of withdrawal may not apply to leisure services with a specific date or period of performance; where applicable, the Provider's indications and applicable consumer regulations will apply.

7.2 Technical execution by Trivity

Trivity acts only as technical facilitator, making available to end users the tools necessary to:

• request cancellations or modifications where the Provider allows it; and
• transmit such requests to the corresponding Provider.

The material execution of a cancellation, modification or refund depends exclusively on the Provider, in accordance with its applicable policy and applicable regulations.

Trivity does not decide:

• whether a cancellation is accepted or rejected;
• whether a full, partial or no refund applies;
• the amount to be refunded; or
• the period within which, where applicable, such refund must be made.

7.3 Absence of Trivity liability

The user accepts that Trivity assumes no liability in relation to:

• whether cancellations are appropriate or inappropriate;
• the amount of sums refunded;
• refund periods established or executed by the Provider;
• delays, incidents or discrepancies in refunds;
• commercial or operational decisions of the Provider.

Any claim related to cancellations, modifications or refunds of the Activity price must be addressed directly to the Provider, without prejudice to the rights that the user may have under applicable consumer regulations against that Provider.

7.4 Trivity management fees

Management fees charged by Trivity, where applicable, do not form part of the Activity price and correspond exclusively to the provision of Trivity's technology service.

Accordingly:

• Trivity does not refund management fees, regardless of whether the booking is cancelled or modified;
• such amount does not depend on the Provider's cancellation policy; and
• any refund made by the Provider does not affect the management fees received by Trivity.

The user declares that they know, understand and expressly accept that management fees are not refundable by Trivity, except where legally required.

Without prejudice to the foregoing, the User acknowledges and accepts that certain Providers may, at their sole discretion and in accordance with their own commercial or cancellation policy, decide to assume the cost of Trivity's management fees and refund that amount to the User together with the Activity amount, using their own funds.

In such cases:

• such refund does not constitute an obligation of Trivity nor modify the non-refundable nature of the management fees by Trivity;
• Trivity does not intervene in the decision, management or execution of such refund; and
• any return of the amount equivalent to the management fees will be made entirely by the Provider under its sole responsibility.

8. GIFT CARDS, PASSES AND VOUCHERS

8.1 Nature of the gift card

Gift cards, passes or vouchers available through the Platform represent the right to redeem, within the framework of a booking, certain units of specific rates of an activity offered by a Provider, in accordance with the conditions in force at the time of purchase.

At the time of purchase, the Voucher is linked to:

• a specific number of units; and
• one or more specific rates of a particular activity,

without prejudice to the application rules described below.

8.2 Application of the Voucher in the booking process

When, at the time of redemption, the user selects the same rates to which the Voucher was originally linked:

the Voucher will cover that number of units, regardless of whether the current price of those rates has increased or decreased compared with the price in force at the time of purchase of the Voucher; and

the discount applied will correspond to the current value of those rates at the time of booking.

Accordingly, price variations after purchase of the Voucher will not affect the number of units covered where rate equivalence is maintained.

8.3 Alternative application as a monetary amount

When, at the time of redemption:

• the rates originally associated with the Voucher are no longer available; or
• the user selects rates different from those to which the Voucher was linked,

the Voucher will be applied as a fixed monetary discount, equivalent to the total value paid for the Voucher at the time of purchase.

In such case:

• that amount will be deducted from the total booking price; and
• if the booking price exceeds that amount, the user must pay the corresponding difference.

8.4 Limits and additional conditions

The Voucher does not guarantee availability of places or specific rates, and its use is subject to availability at the time of booking.

The Voucher is subject to the conditions defined by the Activity Provider, including, where applicable, time, use or capacity restrictions.

The Voucher is not redeemable for cash, in whole or in part, and does not generate any right to a cash refund.

Unless expressly stated otherwise, the Voucher may not be used to cover management fees or other amounts other than the Activity price.

9. PERFORMANCE OF THE ACTIVITY

9.1 Exclusive responsibility of the Provider

The end user expressly acknowledges and accepts that the material performance of the Activity corresponds solely and exclusively to the Provider offering it through the Platform.

Accordingly:

• the Provider is solely responsible for the organization, development and performance of the Activity;
• Trivity does not participate in the material provision of the Activity.

9.2 Activity safety

The Provider is solely responsible for:

• ensuring the safety of participants;
• adopting the necessary preventive, technical and organizational measures;
• assessing the risks associated with the Activity; and
• properly informing the end user about safety conditions, physical, technical or other requirements.

Trivity assumes no liability for:

• accidents;
• injuries;
• personal or material damage; or
• incidents of any kind

that may occur before, during or after performance of the Activity.

9.3 Regulatory compliance

The Provider is solely responsible for compliance with:

• applicable tourism regulations;
• safety and risk prevention regulations;
• consumer regulations;
• labor, tax and administrative regulations; and
• any other sectoral or local regulations required for performance of the Activity.

The user acknowledges that Trivity:

• does not verify or supervise Providers' regulatory compliance; and
• does not guarantee that Activities comply with all applicable legal requirements.

10. OBLIGATIONS OF THE END USER

10.1 Proper use of the Platform

The end user undertakes to use the Platform diligently, lawfully and in accordance with its purpose, refraining from:

• fraudulent, abusive or bad-faith use;
• interfering with, damaging or attempting to compromise the operation, security or integrity of the Platform;
• using the Platform for unlawful or unauthorized purposes.

The user acknowledges that access to the Platform is under their own responsibility and that Trivity may take technical or legal measures in the event of misuse.

10.2 Information provided by the user

The end user guarantees that all information provided during the booking, payment or communication process associated with the Activity is:

• true;
• complete; and
• up to date.

The user will be solely responsible for the consequences arising from:

• inaccuracy or falsity of the data provided;
• errors in personal data, dates, participants or other relevant booking elements; or
• the impossibility of correctly performing the Activity due to causes attributable to incorrect information provided by the user.

Trivity assumes no liability for incidents arising from incorrect data provided by the end user.

10.3 Compliance with Activity requirements

The end user undertakes to:

• review in advance the requirements, conditions, limitations and warnings of each Activity;
• meet the age, physical condition, previous experience, equipment, documentation or other requirements demanded by the Provider;
• appear at the place, date and time indicated for performance of the Activity.

Failure to comply with Activity requirements may result in:

• denial of participation by the Provider;
• total or partial loss of the amount paid;
• application of the Provider's cancellation policies;
• without this generating any right to claim against Trivity.

10.4 Conduct during performance

During performance of the Activity, the user undertakes to:

• follow the instructions of the Provider and its staff;
• respect safety rules;
• act diligently and respectfully toward other persons and property.

Any inappropriate conduct may lead to expulsion from the Activity or its interruption, without the right to a refund, in accordance with the Provider's conditions.

11. TRIVITY DISCLAIMER

11.1 Limited role of Trivity

The end user expressly acknowledges and accepts that Trivity acts exclusively as a technology platform, facilitating access to information, availability and technical booking flows for Activities offered by third-party Providers.

Under no circumstances does Trivity:

• organize,
• operate,
• perform,
• supervise,
• control, or
• guarantee the Activities offered through the Platform.

11.2 Performance of Activities

The material performance of each Activity corresponds solely and exclusively to the Provider offering it.

Accordingly, Trivity assumes no liability for:

• proper or improper performance of the Activity;
• the quality, suitability or adequacy of the Activity to the user's expectations;
• delays, cancellations, modifications or interruptions attributable to the Provider;
• total or partial failure to provide the Activity.

11.3 Safety, risks and damages

The user acknowledges that certain Activities may involve inherent risks, especially sporting, adventure or outdoor activities.

Trivity will not be liable, under any circumstances, for:

• accidents;
• personal injuries;
• material damage;
• economic losses; or
• any other harm arising directly or indirectly from the user's participation in an Activity, even where that Activity was booked through the Platform.

11.4 Regulatory compliance, licenses and insurance

Obtaining and maintaining:

• administrative licenses,
• authorizations,
• mandatory or voluntary insurance,
• compliance with tourism, safety, health, labor or consumer regulations.

All of this corresponds exclusively to the Activity Provider.

Trivity does not verify, audit or guarantee compliance with such obligations by Providers and is expressly released from any liability arising from their breach.

11.5 Information provided by third parties

Information relating to Activities (including descriptions, prices, schedules, availability, conditions, requirements or policies) is provided by Providers under their sole responsibility.

Trivity does not guarantee:

• the accuracy,
• completeness,
• currency, or
• absence of errors of such information.

Trivity will not be liable for damages arising from inaccuracies, omissions or changes introduced by Providers.

11.6 Platform operation

Trivity will not be liable for:

• temporary service interruptions;
• technical errors;
• connectivity failures;
• incidents arising from third-party systems (payment gateways, technology service providers, etc.).

The Platform is provided "as is" and "as available", without guarantees of continuous or error-free availability.

11.7 Legal exclusions

Nothing in this section excludes or limits Trivity's liability in cases where such exclusion or limitation is not legally permitted under applicable consumer and user protection regulations.

12. LIMITATION OF LIABILITY

12.1 Scope of Trivity's liability

To the fullest extent permitted by applicable regulations, Trivity's total liability to the end user arising from or related to:

• use of the Platform;
• the booking process;
• these Terms and Conditions; or
• any incident linked to Trivity's Services.

Such liability will be limited exclusively to direct, actual and effectively caused damages that are directly attributable to Trivity.

12.2 Exclusion of indirect damages

Under no circumstances will Trivity be liable for:

• indirect or consequential damages;
• loss of profits;
• lost earnings;
• loss of opportunities;
• reputational damage;
• loss of data;
• travel, accommodation or other associated costs; or
• any other indirect economic loss.

The foregoing will apply even if Trivity had been advised of the possibility of such damages.

12.3 Quantitative limit

Except where the law expressly requires greater liability, Trivity's potential total liability to the end user will be limited, at most, to the amount of the management fees actually received by Trivity in relation to the specific booking giving rise to the claim.

Under no circumstances will that limit include:

• the Activity price;
• amounts paid to the Provider; or
• amounts corresponding to services performed or not performed by third parties.

12.4 Legal exclusions

Nothing in these Terms excludes or limits:

• Trivity's liability for willful misconduct or gross negligence, where it cannot legally be excluded;
• the non-waivable rights recognized to consumers and users under applicable regulations.

12.5 Systematic interpretation

This limitation of liability is interpreted consistently and jointly with:

• the technological nature of Trivity's Services;
• the Provider's exclusive responsibility for performance of the Activities; and
• Trivity's role as neither organizer nor intermediary.

13. INTELLECTUAL PROPERTY

13.1 Ownership of the Platform and content

Unless expressly stated otherwise, all intellectual and industrial property rights over the Platform, the Services and their associated elements, including, among others, the website, interfaces, design, structure, software, code, databases, texts, images, graphics, logos, trademarks, trade names and distinctive signs, are exclusively owned by Trivity Tech, S.L. or its licensors.

Such elements are protected by applicable intellectual and industrial property regulations, as well as by the corresponding international treaties.

13.2 Authorized use by the end user

Trivity grants the end user a limited, non-exclusive, revocable and non-transferable right to use the Platform, exclusively to:

• access Activity information;
• make bookings; and
• use the Services in accordance with these Terms and Conditions.

This right of use does not imply, under any circumstances:

• assignment of intellectual or industrial property rights;
• authorization for commercial uses;
• authorization for reproduction, distribution, public communication or transformation of the content.

13.3 Prohibitions

The end user undertakes not to:

• copy, reproduce, modify, distribute or reuse Platform content without express authorization;
• perform reverse engineering, decompilation or attempts at unauthorized access to systems;
• remove or alter intellectual property notices;
• use Trivity trademarks, logos or trade names without prior written authorization.

13.4 Third-party content

Content relating to Activities (including descriptions, images, prices, conditions and availability) is provided by Providers under their sole responsibility.

Trivity does not own such content nor guarantee its accuracy, lawfulness or suitability, and acts only as provider of a technology infrastructure that enables its display and technical processing.

Use of such content by the end user is limited exclusively to the informational and booking purposes provided on the Platform.

13.5 Communications and materials

Any material, content or communication sent by the end user to Trivity through the Platform (for example, comments, requests or incidents) may be used by Trivity exclusively for management of the Services, user support and compliance with legal obligations, without implying any assignment of rights beyond what is strictly necessary.

13.6 Actions in case of infringement

Breach of this section may result in:

• suspension or blocking of access to the Platform; and/or
• the exercise of any legal actions that may apply under applicable regulations.

14. PERSONAL DATA PROTECTION

14.1 General framework

The protection of the end user's personal data is a priority for Trivity.

The processing of personal data carried out in the context of using the Platform is governed by:

• the applicable regulations on personal data protection, in particular Regulation (EU) 2016/679 (GDPR) and Spanish implementing regulations; and
• Trivity's Privacy Policy, permanently available on the Platform and at https://trivityapp.com/en/privacy-policy-en/.

The end user declares that they have read and understood that Privacy Policy, which forms an integral part of these Terms and Conditions by reference.

14.2 Trivity's roles in data processing

Depending on the context, Trivity may act in different roles:

a) Trivity as data controller

Trivity acts as data controller with respect to personal data of its Activity Providers and Agents or Prescribers processed for its own purposes, but not as controller of end user data in relation to performance of the Activity. Among other purposes, it processes Provider and Agent data for:

• technical management of the Platform;
• management of the booking process;
• sending operational communications related to the booking;
• customer support;
• security, fraud prevention and compliance with legal obligations.

b) Trivity as data processor

When the end user books an Activity, the Provider of that Activity acts as data controller for the end user's personal data necessary for performance of the Activity.

In that context, Trivity acts as data processor, processing personal data on behalf of the Provider and in accordance with its instructions, exclusively to technically enable the booking and its operational management.

14.3 Use of the end user's email address

The email address provided by the end user during the booking process will be used by Trivity only on behalf of the Provider of the activity booked by that same end user to:

• send booking confirmations;
• communicate modifications, cancellations or incidents related to the booking;
• send operational information strictly linked to the booked Activity.

Such communications:

• will be sent from email addresses managed by Trivity; and
• will not be commercial or advertising communications.

Trivity will not use the end user's email address to send its own commercial communications nor transfer it to third parties for promotional purposes, unless the end user gives express consent and there is a valid legal basis under applicable regulations.

14.4 Communication of data to the Provider

In order to allow proper performance of the Activity, the end user's personal data necessary for such performance will be communicated to the corresponding Provider, as sole data controller.

Such communication is limited to strictly necessary data and is carried out solely to allow:

• provision of the Activity;
• operational management of the booking; and
• compliance with the Provider's legal obligations.

And, where applicable, for customer loyalty purposes by the Provider of the booked activity, if the user authorizes this or there is a legal basis for it.

From that moment, processing of data by the Provider will be governed by its own privacy policy and by its status as data controller.

14.5 Absence of user accounts

It is not necessary to create a user account to make a booking on the Platform; and

personal data is collected exclusively for management of the specific booking and the purposes described in these Terms and in the Privacy Policy.

14.6 End user rights

The end user may exercise the rights recognized by data protection regulations (access, rectification, erasure, objection, restriction and portability) under the terms and through the channels indicated in Trivity's Privacy Policy, available at https://trivityapp.com/en/privacy-policy-en/.

When the exercise of rights relates to data processed on behalf of a Provider, Trivity may forward the request to the corresponding Provider, unless a legal obligation requires another action.

14.7 Privacy Policy

For complete and detailed information about personal data processing, the end user may consult Trivity's Privacy Policy at any time, available on the Platform and at https://trivityapp.com/en/privacy-policy-en/.

15. MODIFICATION OF THE SERVICE

15.1 Evolution of the Platform

The end user acknowledges and accepts that Trivity provides its services through a constantly evolving technology platform.

Trivity may, at any time and without needing to obtain the user's prior consent:

• modify, update or improve the Platform;
• introduce new features;
• modify technical flows, interfaces or operational processes; or
• withdraw or replace existing features.

Such modifications form part of the natural evolution of the service and do not, by themselves, generate any right to claim, compensation or indemnification.

15.2 Technical changes

Trivity may make technical changes necessary to:

• maintain the security, stability and integrity of the Platform;
• correct errors, vulnerabilities or incidents;
• adapt the service to regulatory or technological changes; or
• optimize performance and user experience.

The end user accepts that such changes may temporarily affect the form of access, use or display of the Platform, without altering the validity of bookings already made in accordance with these Terms.

15.3 Service interruptions

Availability of the Platform may be affected by:

• scheduled or unscheduled maintenance tasks;
• technical incidents;
• failures of third-party systems (including infrastructure, communications or payment service providers); or
• causes beyond Trivity's reasonable control.

Trivity does not guarantee continuous or uninterrupted availability of the service and will not be liable for temporary interruptions that do not definitively prevent management of a valid booking.

Where reasonably possible, Trivity will seek to give advance notice of scheduled interruptions that may materially affect use of the service.

15.4 Impact on bookings

Modifications, technical changes or service interruptions:

• will not affect the validity of bookings already confirmed, except in cases of supervening technical impossibility not attributable to Trivity;
• do not alter the economic, cancellation or performance conditions of the Activity, which continue to be governed by these Terms and the Provider's conditions.

15.5 No guarantee of functional continuity

The end user acknowledges and accepts that Trivity does not guarantee:

• that a specific feature will be maintained indefinitely;
• that the Platform will always retain the same configuration, design or structure; or
• that the service will remain unchanged over time.

Nothing in this section limits the end user's rights recognized by applicable consumer regulations, where applicable.

16. DURATION AND TERMINATION

16.1 One-off nature of the relationship

The relationship between the end user and Trivity is strictly one-off and limited to use of the Platform for the technical making and management of a specific booking.

Use of the Platform does not imply creation of a user account or establishment of an ongoing contractual relationship between the end user and Trivity.

16.2 Duration of the relationship

The relationship between the end user and Trivity:

• begins when the user accesses the Platform and makes a booking; and
• continues only for the time necessary for proper technical management of that booking (including, where applicable, operational communications related to it).

16.3 Automatic termination

The relationship between the end user and Trivity will be deemed automatically terminated, without the need for additional notice, when any of the following circumstances occur:

• effective performance of the booked Activity;
• definitive cancellation of the booking in accordance with the applicable Provider policy;
• expiry of the booking due to non-payment within the established period; or
• definitive impossibility of performing the Activity due to causes outside Trivity's control.

Once termination has occurred, Trivity assumes no obligation to provide additional services to the end user, without prejudice to any legal obligations that may survive (for example, in tax, accounting or data protection matters).

16.4 Effects of termination

Termination of the relationship:

• does not affect rights and obligations already accrued between the end user and the Provider;
• does not generate any right to indemnification, compensation or refund against Trivity; and
• does not alter the application of the limitation and disclaimer clauses set out in these Terms.

16.5 Retention of information

After termination, Trivity may retain certain information relating to the booking:

• for the legally required periods; and
• exclusively for regulatory compliance, fraud prevention, handling of claims or defense against potential legal liabilities.

Such retention will be carried out in accordance with Trivity's Privacy Policy.

17. APPLICABLE LAW AND JURISDICTION

17.1 Applicable law

These Terms and Conditions will be governed by and interpreted in accordance with Spanish law, with express exclusion of any conflict-of-law rule that could lead to the application of foreign law, without prejudice to any mandatory provisions applicable in matters of consumer and user protection.

17.2 Jurisdiction

To the extent that the end user acts as a consumer, any controversy, dispute or claim arising from these Terms and Conditions, use of the Platform or a booking made through it, will be submitted to the courts and tribunals legally competent under the regulations in force on consumer and user protection.

Nothing in this clause may be interpreted as a waiver by the user of the rights corresponding to them under such regulations.

17.3 Jurisdiction in cases not covered by consumer regulations

In those cases where, under applicable law, no mandatory forum in favor of the consumer applies, the Parties agree to submit expressly to the jurisdiction of the courts and tribunals of the city of Barcelona (Spain), expressly waiving any other forum that may correspond to them, to the extent legally permitted.

18. CONTACT

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

The User may submit claims through the email address indicated.