LEGAL

Terms of Service

The terms on which we provide the Xbrandify service to business customers.

Last updated: [TO CONFIRM: last updated date]

1. Agreement and parties

These terms form an agreement between Your Brand Travel International AB, a company registered in Sweden with company registration number 559391-1018 and based in Stockholm, Sweden, and the business entity that subscribes to or uses the service.

Xbrandify and direct.guide are brands operated by Your Brand Travel International AB. The service is provided to businesses only and is not offered to consumers.

Where the parties have signed an order form or written agreement covering the service, these terms apply together with that document. If there is a conflict, the signed order form or written agreement prevails.

2. Definitions

  • "We", "us", "Xbrandify" means Your Brand Travel International AB.
  • "Customer" means the hotel, travel company, brand or other business entity that has agreed to these terms.
  • "Service" means the AI-powered visual guest experience and concierge layer we make available to the Customer, including its interfaces and any related support.
  • "Customer Content" means the brand material, product and property information, media and other data the Customer or its users make available to the Service.
  • "Guest Data" means personal data relating to the Customer's guests or end users that is processed through the Service.
  • "Order Form" means the applicable order form or written agreement between the parties.

3. The service

The Service is an AI-powered visual guest experience and concierge layer sold B2B to hotels, travel companies and brands. We provide it as a hosted service and may improve and change its functionality over time, provided we do not materially reduce the core functionality the Customer has subscribed to during a paid term.

The specific scope, modules, environments and any service levels applicable to the Customer are as set out in the Order Form. Service levels and support terms: [TO CONFIRM: service levels and support commitments].

4. Accounts and access

The Customer is responsible for the accounts and credentials issued to its users, for keeping them confidential, and for all activity that takes place under them. The Customer must notify us without undue delay if it believes an account has been compromised.

We may suspend access where necessary to protect the security or integrity of the Service, or where required by law, and will restore access as soon as reasonably practicable.

5. Customer responsibilities

The Customer is the data controller for Guest Data and warrants that it has a lawful basis under applicable data protection law for the data it makes available to or processes through the Service, and that it has provided any notices and obtained any consents required for that processing.

The Customer is responsible for the accuracy, legality and rights clearance of Customer Content, including that it holds the necessary rights to any brand assets, imagery, descriptions, prices and availability information it supplies.

The Customer must use the Service in compliance with applicable law and must not use it to process data or publish content that is unlawful, infringing or harmful, nor attempt to reverse engineer, circumvent security controls, or resell the Service except as agreed in writing.

6. Fees and payment

Fees for the Service are as set out in the applicable Order Form or written agreement between the parties. No pricing is stated on this page.

Unless the Order Form says otherwise, fees are invoiced in advance for the applicable period, are payable within the period stated in the Order Form, and are exclusive of VAT and other applicable taxes, which the Customer is responsible for. Payment terms and any consequences of late payment are as stated in the Order Form: [TO CONFIRM: payment terms and late payment terms].

7. Term, renewal and termination

The initial term, any renewal term and the applicable notice periods are as set out in the Order Form: [TO CONFIRM: term, renewal and notice periods].

Either party may terminate the agreement with immediate effect if the other party commits a material breach and fails to remedy it within a reasonable period after written notice, or if the other party becomes insolvent.

On termination, the Customer's access to the Service ends and Guest Data and Customer Content are returned or deleted in accordance with the Data Processing Agreement and the Customer's instructions.

8. Intellectual property

Xbrandify retains all rights, title and interest in and to the platform, including the Service, its software, models, interfaces, documentation and any improvements to them. No rights are granted other than the right to use the Service during the term in accordance with these terms.

The Customer retains all rights, title and interest in and to its own brand content and data, including Customer Content and Guest Data. The Customer grants us a limited licence to host, process and display that content solely to provide and support the Service.

9. Confidentiality

Each party may receive information from the other that is marked confidential or that should reasonably be understood as confidential. Each party will use such information only to perform this agreement, protect it with at least reasonable care, and disclose it only to personnel and advisers who need it and are bound by equivalent confidentiality obligations.

These obligations do not apply to information that is or becomes public without breach, was already lawfully known, or is independently developed, and do not prevent disclosure required by law, provided the disclosing party gives notice where permitted.

10. Warranties and disclaimers

Each party warrants that it has the authority to enter into this agreement. We warrant that we will provide the Service with reasonable skill and care and in accordance with the Order Form.

The Service uses AI-generated output. Such output may be incomplete or inaccurate, and the Customer is responsible for reviewing and configuring the content, offers and information it makes available through the Service. Except as expressly stated in these terms, and to the extent permitted by applicable law, the Service is provided without further warranties of any kind, whether express or implied, and we do not warrant that the Service will be uninterrupted or error free.

11. Limitation of liability

Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or loss of data, to the extent such limitation is permitted by applicable law.

Each party's total aggregate liability under this agreement is limited as set out in the Order Form: [TO CONFIRM: liability cap].

Nothing in this section limits liability that cannot be limited under applicable law, including liability for wilful misconduct or gross negligence.

12. Indemnification

The Customer will indemnify us against third-party claims arising from Customer Content or from the Customer's use of the Service in breach of these terms or applicable law, including claims that Customer Content infringes third-party rights or that the Customer lacked a lawful basis for data it made available to the Service.

We will indemnify the Customer against third-party claims that the Service, as provided by us and used in accordance with these terms, infringes that third party's intellectual property rights. The indemnified party must give prompt notice of the claim and reasonable cooperation, and the indemnifying party controls the defence and any settlement that does not impose obligations on the other party.

13. Data protection and the Data Processing Agreement

Where we process Guest Data on the Customer's behalf, the Customer is the data controller and we act as data processor. That processing is governed by a Data Processing Agreement between the parties, which forms part of this agreement and sets out the subject matter, duration, nature and purpose of the processing, the categories of data and data subjects, the security measures, the approved subprocessors and the arrangements for assistance, audits, deletion and return of data.

We process such data only on the Customer's documented instructions. For personal data where we act as controller, such as data about business contacts, our Privacy Policy applies. Practices relating to the security of the Service are described on our Security page.

Data Processing Agreement version and how to obtain it: [TO CONFIRM: DPA reference].

14. Governing law and jurisdiction

This agreement is governed by Swedish law. Disputes arising out of or in connection with this agreement will be settled by the Stockholm District Court as the court of first instance.

15. Changes to these terms

We may update these terms to reflect changes to the Service, our business or applicable law. When we do, we will revise the "Last updated" date at the top of this page. Where a change materially affects a Customer with an active subscription, we will give reasonable notice, and the terms in force at the start of the then-current term continue to apply for that term unless the parties agree otherwise.