Draft for review. This page reproduces the source legal document, which
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addresses, tax IDs, URLs, and contact emails) and is pending final legal
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before publishing, then remove this note.1. About these terms
These terms (the “Technology Terms”) cover your use of Uplift Hub (the “Platform”), the technology that Platform 195 Ltd (“Platform 195”, “we” or “us”) provides to power the HBX Group Self-Serve Advertising Portal (the “Portal”). These Technology Terms sit alongside any terms that govern your advertising relationship with Hotelbeds Technology, S.L.U. (“HBX”). These Technology Terms apply to anyone HBX authorises to access and use the Portal (each a “Partner”, “you” or “your”). By accessing or using the Platform you’re confirming that you’ve read, understood and agree to be bound by these Technology Terms. If you’re accepting them on behalf of an organisation, you’re confirming you have authority to bind that organisation, and references to “you” include it. Platform 195 Ltd identification (for legal notices): registered office: [P195 REGISTERED ADDRESS]; company number: [P195 COMPANIES HOUSE NO.] (England and Wales); VAT/Tax ID: [P195 VAT/TAX ID]; contact email: [P195 LEGAL CONTACT EMAIL].2. Who does what
2.1 What we do We provide the technology behind the Portal, being the interface, the campaign-building workflow, the ad-server integration, the automated campaign configuration and the performance dashboards. Platform 195 acts as HBX’s technology service provider and, to the extent personal data is processed through the Platform, as a processor (within the meaning of Regulation (EU) 2016/679 (GDPR)) acting on HBX’s documented instructions, with HBX acting as controller, and, where applicable, also within the meaning of the UK GDPR and the Data Protection Act 2018, in accordance with the Portal Privacy Policy [LINK TO BE ADDED]. **2.2 What **we don’t do Platform 195 doesn’t:- set advertising prices, design packages or decide what inventory is available;
- act as a party to any advertising purchase or campaign agreement between you and HBX;
- give advertising strategy, account management or optimisation advice;
- take payments, issue invoices or act as merchant of record (HBX handles all billing); or
- make editorial decisions about your creative assets (approval and rejection are HBX’s responsibility).
3. Your licence to use the Platform
Subject to your compliance with these Technology Terms, Platform 195 grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the purpose of purchasing and managing advertising campaigns through the Portal. This licence doesn’t let you:- copy, modify, duplicate, frame, mirror, republish, download, display, transmit, distribute or create derivative works of the Platform or any part of it;
- reverse-engineer, decompile or disassemble the Platform, or otherwise try to reduce it to human-readable form;
- use the Platform for anything other than the purposes contemplated by the Portal;
- sublicense, license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit or otherwise make the Platform available to any third party;
- access any part of the Platform in order to build a product or service that competes with the Platform or the Portal;
- use the Platform to provide services to third parties;
- try to obtain, or help anyone else obtain, access to the Platform other than as expressly permitted here; or
- use automated tools, bots or scripts to interact with the Platform, except where we’ve expressly said you can.
4. Our IP, your content
All intellectual property rights in the Uplift Hub platform, including its software, user interface design, architecture, documentation, APIs and all related materials, are and remain the exclusive property of Platform 195 or its licensors. Nothing in these Technology Terms transfers any ownership of Platform 195 intellectual property to you or to HBX. You retain ownership of any content, creative assets or data you submit through the Platform.5. Uptime, changes and support
5.1 Availability We work hard to keep the Platform available, but we can’t guarantee uninterrupted or error-free access. The Platform may be temporarily unavailable for scheduled maintenance, updates or things outside our reasonable control. Platform 195 may also suspend access to the Platform (in whole or in part), with or without notice, where we reasonably consider it necessary to protect the security, integrity or performance of the Platform, to comply with a legal or regulatory requirement, or to carry out emergency maintenance. **5.2 **Changes to the Platform Platform 195 may modify, update or enhance the Platform from time to time. Where changes materially affect the user experience, HBX will provide reasonable notice via the Portal or by email. 5.3 Support Technical support for the Portal is provided through HBX. Please direct all support queries to [HBX SUPPORT EMAIL]. Platform 195 provides second-line technical support to HBX rather than direct support to end users.6. Data and privacy
Platform 195 processes personal data as a processor (within the meaning of Regulation (EU) 2016/679 (GDPR)) on behalf of HBX as controller, under a written data processing agreement between Platform 195 and HBX. Where applicable, Platform 195 also acts within the meaning of the UK GDPR and the Data Protection Act 2018. The Portal Privacy Policy** [LINK TO BE ADDED]** explains what personal data is collected, how it’s used, and your rights. Platform 195 doesn’t use your personal data for its own marketing, profiling, or any purpose other than operating the Platform on HBX’s behalf. Platform 195 may, however, generate and use aggregated or anonymised data (which does not identify any individual) for its own purposes, including monitoring and improving the performance, security and functionality of the Platform, producing aggregate insights and benchmarks, and developing related products and services.7. Fair use
In using the Platform, you agree not to:- probe, scan or test the vulnerability of the Platform, or try to get around security measures;
- introduce malicious code, viruses or harmful material;
- use the Platform in a way that could impair its performance or interfere with other users;
- access, or try to access, data, accounts or systems you aren’t authorised for;
- use the Platform to infringe anyone’s intellectual property or other rights;
- access, store, submit, distribute or transmit via the Platform any material that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, age or disability; or (f) is otherwise illegal or likely to cause damage or injury to any person or property; or
- share, disclose or allow anyone else to use your login credentials, or otherwise fail to keep your password and account credentials secure.
8. “As is” - and what we don’t promise
The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Platform 195 disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Technology Terms excludes or limits any rights, warranties or remedies that cannot be excluded or limited under applicable law. Nothing in this section 8 affects any statutory rights of Partners who are consumers and which can’t be excluded or limited by law. Platform 195 doesn’t warrant that:- the Platform will be uninterrupted, secure or error-free;
- campaign delivery, performance metrics or reporting will be accurate or complete (these depend on third-party ad-serving infrastructure); or
- the Platform will meet your specific requirements.