Terms of service

1. Scope and acceptance

These terms set out the general framework under which Raupar Solution S.L.U. (the "Operator") makes the IncentIA platform available to its customers. They apply to any access to or use of the platform.

Where the Operator and a customer have entered into a signed agreement, order form or statement of work, that document prevails over these terms on any point where the two conflict. These terms complete it; they do not replace it.

2. Definitions

Operator

Raupar Solution S.L.U., identified in the legal notice.

Customer

The organisation that contracts the platform, typically a brand running a loyalty or activation programme.

Authorised Users

Individuals the Customer permits to access its tenant, such as its staff or its agency.

Participants

End users who take part in a Customer's programme.

Tenant

The Customer's isolated instance of the platform, with its own configuration and data.

Customer Data

All data the Customer or its Participants introduce into the Tenant, or that the platform generates from it.

3. The service

IncentIA is a multi-tenant software-as-a-service platform for loyalty, gamification and brand activation. It is provided remotely; no software is delivered to the Customer for installation.

The functional scope actually contracted — the modules enabled, volumes, environments and any bespoke development — is the one described in the applicable agreement. Descriptions of capabilities published on this website are informational and do not by themselves form part of any contracted scope.

4. Access and Authorised Users

The Operator grants the Customer a non-exclusive, non-transferable right to access the platform for the duration and purpose set out in the applicable agreement.

The Customer is responsible for the confidentiality of the credentials issued to its Authorised Users, for keeping the list of those users current, and for their acts and omissions on the platform as if they were its own. The Customer shall notify the Operator without undue delay of any known or suspected unauthorised access.

5. Acceptable use

The Customer and its Authorised Users shall not:

• Reverse engineer, decompile or attempt to derive the source code or underlying structure of the platform.
• Resell, sublicense, lease or otherwise make the platform available to third parties outside the scope agreed with the Operator.
• Upload or distribute unlawful content, malicious code, or material infringing third-party rights.
• Conduct load testing, penetration testing, vulnerability scanning or any equivalent activity without the Operator's prior written authorisation.
• Use the platform to run promotions, prize draws or loyalty mechanics that breach applicable consumer protection, advertising, gambling or prize-draw regulation.
• Interfere with the integrity, security or availability of the platform or with other tenants.

6. Customer responsibilities

The Customer defines the mechanics, rules, rewards and terms of its own programmes. It is responsible for their lawfulness, for publishing any programme rules required of it, for holding a valid legal basis for the personal data it processes through the platform, and for its communications with Participants.

The Operator supplies the technical means. It does not act as the promoter or organiser of the Customer's programmes.

7. Customer Data and ownership

Customer Data belongs to the Customer. The Operator acquires no ownership over it and processes it solely to provide, secure and support the platform, in accordance with the applicable agreement and the data processing agreement referred to in section 14.

The Customer may export its data in a structured, commonly used format during the term. On termination, the Operator makes the data available for retrieval for the period agreed, after which it is deleted in accordance with the data processing agreement.

8. Intellectual property

The platform, its source code, architecture, interfaces, documentation and the IncentIA trademark are and remain the property of the Operator. Nothing in these terms transfers any of those rights or grants any licence beyond the right of access described in section 4.

Improvements, corrections and generic developments made to the platform remain the Operator's property, including where they originate in a Customer's suggestion, without prejudice to any specific arrangement agreed in writing for bespoke developments.

9. Confidentiality

Each party shall keep confidential the non-public information of the other to which it gains access, use it only for the purposes of the relationship, and protect it with at least the same care it applies to its own confidential information. This obligation survives the end of the relationship.

It does not extend to information that is public through no breach of this clause, was already lawfully known, is independently developed, or must be disclosed by law or by a competent authority.

10. Availability, maintenance and support

Service levels, maintenance windows, support channels and response commitments are those set out in the applicable agreement. The Operator announces scheduled maintenance in advance and endeavours to schedule it so as to minimise impact.

The Operator may carry out unscheduled maintenance where necessary to preserve the security or integrity of the platform, informing the Customer as soon as reasonably possible.

11. Fees

Fees, billing cycle, payment terms and any revision mechanism are those set out in the applicable agreement. Unless expressly stated otherwise, fees are exclusive of value added tax and any other applicable indirect taxes.

12. Term and termination

The term, renewal and notice arrangements are those set out in the applicable agreement.

Either party may terminate for material breach by the other where the breach is not remedied within a reasonable period after written notice identifying it. The Operator may suspend access, for the shortest period necessary and with prior notice where circumstances permit, in the event of a security risk, unlawful use or unremedied non-payment.

On termination the Customer's access ceases and the data retrieval arrangements in section 7 apply.

13. Warranties and liability

The Operator warrants that it will provide the platform with reasonable professional skill and care and in accordance with the applicable agreement. Beyond what is expressly agreed, the platform is provided as is, and the Operator does not warrant that it will be free from interruption or error, nor that it will meet purposes the Customer has not communicated.

Neither party is liable for indirect or consequential damages, loss of profit, loss of business, loss of anticipated savings or loss of goodwill. Any limitation of the Operator's aggregate liability is the one set out in the applicable agreement.

Nothing in these terms excludes or limits liability for wilful misconduct or gross negligence, for death or personal injury, or for any other matter that Spanish law does not permit to be excluded or limited.

14. Data protection

In relation to Participants' personal data processed through the platform, the Customer acts as controller and the Operator as processor under Article 28 GDPR. That relationship is governed by a data processing agreement signed between the parties, which prevails on all data protection matters.

Section 10 of our privacy policy summarises that allocation of roles. The privacy policy also describes how personal data is handled on this website.

15. Subcontracting and assignment

The Operator may subcontract parts of the service, remaining responsible for the performance of its subcontractors. Sub-processors handling personal data are subject to the notification and objection arrangements in the data processing agreement.

Neither party may assign the relationship to a third party without the other's written consent, except in the case of a corporate restructuring, merger or transfer of the business unit concerned, of which the other party shall be informed.

16. Changes to these terms

The Operator may amend these terms to reflect changes in the platform, in its operations or in applicable law. Active customers will be given reasonable prior notice of any material change. The "Last updated" date at the top of this page reflects the current revision.

17. Governing law and jurisdiction

These terms are governed by Spanish law. For any dispute arising from them or from the use of the platform, the parties expressly submit to the courts and tribunals of Barcelona, Spain, waiving any other jurisdiction that may correspond to them.