BREEMFY'S TERMS AND CONDITIONS

Effective date: May 28, 2025
Last update: May 28, 2025

# 1. Definitions

-BREEMFY: commercial company Hubting S.L., with NRT L-719964-D, incorporated under the laws of the Principality of Andorra, with registered office at Avda. Carlemany 115, 6th floor, AD700 Escaldes-Engordany (Principality of Andorra), responsible for managing the BREEMFY platform and to whom the Users are bound under these Terms and Conditions of Use.

- Influencer Users: natural persons who share authentic content on the BREEMFY platform about experiences with registered Sponsor Users.

- Sponsor Users: natural or legal persons engaged in regular commercial activities who interact on the BREEMFY platform to promote themselves through content generated by Influencer Users.

- Commercial Users: joint reference encompassing both Influencer Users and Sponsor Users.

- Passive User: any natural person who accesses the BREEMFY platform and uses its informational, browsing, content viewing or Influencer following features, without actively participating in the creation of monetized content or funding commercial campaigns.

- "Platform" refers to the digital environment operated by BREEMFY, accessible via the website https://www.breemfy.com/, its mobile applications, and other digital channels enabled by the company, which facilitates intermediation between Sponsor Users (establishments offering consumer experiences) and Influencer Users.

The Platform includes all functionalities, technological tools, interfaces, content publication and management systems, payment mechanisms, digital wallets, and any other module that enables interaction among the different types of Users, within the framework of the monetization program based on validating real experiences.

For legal purposes, the Platform constitutes an electronic intermediation service, pursuant to Law 20/2014, of October 16, regulating electronic contracting and the operators conducting their activity in the Principality of Andorra, and is also subject to applicable European Union digital services regulations.

"Experience" refers to any activity, service, or interaction offered by a Sponsor User as part of their professional or commercial activity and directly experienced by an Influencer User.

Experiences are conceived, organized, and provided solely under the initiative, control, and responsibility of the Commercial User, without any prior intervention or supervision by BREEMFY. These may include, but are not limited to: meals at restaurants, stays at accommodations, leisure and entertainment services, customer service in stores, or other services provided by Sponsor Users.

Content published by Influencer Users regarding these Experiences must reflect a real, verifiable, and truthful experience, forming the basis for its validation and potential economic compensation within the monetization program offered by the Platform.

# 2. Introduction

Welcome to Breemfy.

These Terms and Conditions of Use, the Privacy Policy, the Cookies Policy, the general Legal Notice, and any other legal text that formalizes a legal relationship in which BREEMFY is a party (hereinafter collectively referred to as "Terms") govern the legal relationship between BREEMFY and its Users.

BREEMFY allows User-Influencers to earn rewards for publishing validated content about experiences they have had with registered User-Sponsors. User-Sponsors fund this content as part of their visibility campaign on the Platform. A percentage (%) of the amount paid is allocated to the User-Influencer, through digital credits in an electronic wallet.

By using Breemfy, you fully accept these Terms.

# 3. Registration and User Account

3.1. General Registration

To use BREEMFY as a Passive User or Commercial User, it is necessary to register and keep a personal account updated. Every User declares that all information provided during registration is truthful, complete, and up-to-date, and undertakes to keep their credentials confidential.

3.2. Progressive Account Constitution and Functionality Limitation

3.2.1 Initial Registration and Account Creation

Access to the Platform requires prior registration by completing the corresponding form and express acceptance of these Terms.

Upon registration, the User may select their profile type (Commercial User or Passive User) and enter the required information (such as name, email, and password, etc.).

3.2.2 Gradual Profile Activation Process

Access to the full functionalities of the Platform is conditioned on the progressive completion of the User's profile. BREEMFY may establish different levels of verification or activation, depending on the type of user, the nature of the services to be accessed, and the applicable regulatory framework (including, if applicable, regulations on identification, KYC, or fraud prevention).

By way of example, the User must provide, as appropriate:

  • Complete and verified identification data;
  • Tax or professional information in the case of Commercial Users;
  • Identity verification through authorized digital methods;
  • Additional acceptance of specific contractual clauses for certain functionalities (such as monetization or electronic wallet management).

3.2.3 Restriction of Functionalities Until Profile Completion

While the User has not satisfactorily completed the profile activation process, their access to the Platform may be limited to basic functionalities, such as:

  • Browsing and partial content viewing;
  • Non-monetized interaction with other users;
  • Receiving informational or tutorial notifications.

In particular, the following will not be allowed:

  • Publishing content eligible for monetization (for User-Influencers);
  • Initiating campaigns or accessing visibility statistics (for User-Sponsors);
  • Using the electronic wallet or receiving payments.

3.2.4 Automatic Suspension of Functionalities

BREEMFY reserves the right to suspend, in whole or in part, access to sensitive functionalities if omissions, falsehoods, or breaches are detected in the information provided. The User will be informed in advance, except in serious or urgent cases, and may remedy the situation to restore the use of their account.

3.2.5 Profile Update and Maintenance

The User undertakes to keep their profile updated at all times. BREEMFY may periodically request the renewal or confirmation of certain data as a condition for continued access to certain services.

# 4. Minimum Age and Representation of Minors

4.1. The use of Breemfy is intended for persons over 18 years of age. Minors may only use the Platform with the express consent and under the supervision of their legal representative, who declares acceptance of these Terms on their behalf and assumes full responsibility for the minor's use of the Platform.

# 5. Payments and Breemfy Electronic Wallet

5.1. BREEMFY enables an internal electronic wallet functionality exclusively for the registration and use of rewards obtained by User-Influencers through the Platform.

5.2. BREEMFY pays the User-Influencer 3% of the payments made by User-Sponsors for each validation of monetized content.

5.3. BREEMFY will deduct a service fee of 3% from the payments made by User-Sponsors for each validation of monetized content.

5.4. BREEMFY reserves the right to modify the amount and distribution of the aforementioned percentages, of which it will inform Commercial Users with reasonable notice and, in any case, not less than fifteen (15) business days.

5.4. The amounts credited to the wallet do not constitute electronic money within the meaning of Article 3.16 of the Andorran Law 8/2018, on payment services and electronic money, as amended by Andorran Law 27/2018 of October 25, since:

  • They are not transferable to third parties;
  • They are not convertible into cash nor refundable;
  • They cannot be used outside the Platform;
  • And their use is limited to a single contractual relationship, in which the balance can only be used for the purchase or consumption of goods or services offered by the specific Commercial User linked to the published and remunerated Experience.

5.3. In no case does the wallet imply the opening of a bank or financial account, nor does it generate a claimable credit against BREEMFY. Its function is merely accounting and operational to allow the use of the accumulated balance within the closed environment of the Platform.

5.4. The User-Influencer may use their balance exclusively in the Establishments and/or Experiences of the Commercial User who originated the payment, and it is not valid for other businesses, nor exchangeable between different User-Influencers or User-Sponsors.

5.5. BREEMFY reserves the right to suspend or delete balances associated with fraudulent, abusive, or contrary uses to these Terms.

5.6. Financial Qualification Exemption.

The described rewards system is not considered or configured as a payment service, payment account, issuance of electronic money, or provision of financial or banking services under the law of the Principality of Andorra, including the aforementioned Law 8/2018 and its implementing regulations, as it is a closed system, non-transferable, limited to a single provider of goods or services, and without the right to cash reimbursement.

# 6. Intellectual Property

6.1. All content available on the Platform, including texts, images, distinctive trademarks, industrial designs, user interfaces, software, application programming interfaces (APIs), databases, and any other material, is the exclusive property of BREEMFY, which reserves all rights.

6.2. User-Influencers grant BREEMFY an exclusive, free license, worldwide and for the maximum period permitted by applicable law, to use, reproduce, distribute, and publicly communicate the content they publish, for the purposes of promotion or operation of the Platform.

# 7. Content Validation/Moderation and Policy for Offenders

7.1. User-Sponsors validate content eligible for monetization according to their own independent assessment and in accordance with the general moderation criteria set out below.

7.2. In the event of validation and payment by the User-Sponsor, BREEMFY will publish the validated content on the Platform for viewing and access by Users.

7.3. General Content Moderation Criteria

User-Influencers are solely responsible for the content they publish. BREEMFY reserves the right to review, moderate, hide, delete, or block content that:

  • Violates the law or these Terms;
  • Is misleading, defamatory, or inappropriate;
  • Has been the subject of substantiated complaints by third parties.

7.4. Recurrence and Measures After Notification

BREEMFY will act promptly once it becomes aware of the existence of illegal or infringing content, through duly substantiated notifications in accordance with Article 16 of Regulation (EU) 2022/2065 of the European Parliament and of the Council, of 19 October 2022, on a single market for digital services (Digital Services Act, also referred to as "DSA"). Once the notification is received, BREEMFY may:

  • Review the content and its context;
  • Remove or disable access to it;
  • Suspend or delete the account of the offending user;
  • Block the reopening of accounts for repeat or seriously infringing users.

7.5. Proactive Measures

BREEMFY may carry out investigations ex ante, voluntarily and in good faith, and/or adopt technological measures on its own initiative to detect, identify, and remove illegal content or block access to it.

7.6. Exclusion of Active Control and Limited Liability Regime

The above does not in any way imply that BREEMFY exercises active control over all content nor waives the legal protection to which it is entitled under the exemptions or limitations of liability provided by applicable Andorran and/or European law, including Article 6 of Regulation (EU) 2022/2065 of the European Parliament and of the Council, of 19 October 2022, on a single market for digital services (Digital Services Act, also referred to as "DSA").

7.7. Supplementary Application of the Content and Prohibited Conduct Guidelines

For greater clarity on what types of posts, comments, and behaviors are permitted or prohibited on BREEMFY, users must at all times comply with our Content and Prohibited Conduct Guidelines. This document forms an integral part of these Terms and Conditions and details:

  • The types of prohibited content (e.g., violence, hate, discrimination, spam, misleading content, etc.);
  • Prohibited conduct, including manipulation of monetization, identity theft, harassment, or misuse of the wallet;
  • The sanctions applicable in case of non-compliance;
  • The rules for publishing verified experiences;
  • The ethical guidelines for the relationship between User-Influencers and User-Sponsors.

Violation of these rules may result in anything from content removal to permanent account suspension and withholding of funds in serious cases.

# 8. Limitation of Liability

BREEMFY acts as a digital intermediary and is not responsible for content published by Users, nor for experiences, products, or services offered by User-Sponsors.

BREEMFY does not guarantee uninterrupted service availability, nor the absence of technical errors, although it undertakes to act diligently to correct them when detected or reported.

# 9. Legal Nature of the Contractual Relationship vis-à-vis Commercial Users

9.1 Relationship between BREEMFY and Commercial Users

The legal relationship between BREEMFY S.L. and Commercial Users is not configured as a consumer relationship, but as a commercial or professional relationship (Business to Business or "B2B").

Commercial Users access and use the Platform for economic or profit purposes, as active users of electronic intermediation services, which excludes the application of consumer protection rules established for B2C (Business to Consumer or "B2C") relationships, in accordance with the following criteria:

  • User-Sponsors act in the exercise of a professional or business activity, as they finance the visibility of their experiences through campaigns promoted on BREEMFY.
  • User-Influencers, even if they are natural persons, use the Platform for an organized and ongoing economic purpose, by participating in a remunerated content publishing system, which positions them as professional users of the service and not as end consumers, according to the interpretation of the CJEU (e.g., case C-105/17, Kamenova) and relevant administrative doctrine.
  • BREEMFY does not provide services aimed at end consumers, but acts as a provider of digital intermediation services between parties pursuing business or professional purposes.

9.2 Legal Effects

As a consequence of the above:

  • Mandatory consumer protection rules will not apply, except with respect to the legal relationship between BREEMFY and Passive Users and/or if an administrative or judicial authority determines otherwise in a specific case.
  • The interpretation of these Terms will be made according to contractual criteria between equal parties in economic transactions, in accordance with Law 20/2014 on electronic contracting and other commercial regulations in force in the Principality of Andorra.

# 10. Modifications and Validity

BREEMFY may modify these Terms at any time, notifying registered users of the changes with reasonable notice. Continued use of the Platform after the entry into force of the modifications implies acceptance thereof.

These Terms will remain in force as long as the user maintains an active account on the Platform or until they are modified or replaced.

# 11. Applicable Law and Jurisdiction

These Terms are governed by the legislation in force in the Principality of Andorra, in particular by the provisions of:

  • Law 20/2014, of October 16, regulating electronic contracting and operators carrying out their economic activity in a digital environment,
  • Law 13/2013, of June 13, on effective competition and consumer protection,
  • Law 29/2021, of October 28, qualified for the protection of personal data,
  • Law 30/2014, of November 27, qualified for civil protection of the rights to privacy, honor, and self-image.

As well as by any other Andorran regulation applicable to electronic commerce, consumer protection, and digital services.

Additionally, to the extent that BREEMFY provides services to users residing in the European Union, compliance with Regulation (EU) 2022/2065 of the European Parliament and of the Council, of October 19, 2022, on a single market for digital services (Digital Services Act, also referred to as "DSA") is guaranteed.

Any dispute will be submitted to the ordinary courts of Andorra, unless the consumer protection regulations of the European Union provide otherwise for Users located in the European Union.

# 12. Contact

For any questions or communications regarding these Terms, you can contact BREEMFY through the contact form available on the Platform.

Last update: May 28, 2025.