Definitions

		CUSTOMER -	A business (or similar entity) that operates a resort, hotel, 
		        	vacation home or other tourist destination
		PROVIDER -	A company, namely Yamso Tokui GmbH, that provides a service, 
		        	namely the use of the SMART SIESTA platform, to CUSTOMER and 
					their GUESTS
		SMART SIESTA - An online platform the enables CUSTOMER to disseminate
		        	personalized information to their GUESTS relating to their
					stay at CUSTOMER's tourist destination.
		GUEST -   	A person that stays at CUSTOMER's tourist destination.
		STAY -    	A contiguous time interval where a GUEST or a group of GUESTS 
		        	stay in one rental unit (such as a hotel room, apartment
					or vacation home) owned or operated by CUSTOMER


	Description of Service

		PROVIDER operates the online platform SMART SIESTA (as described above).
		PROVIDER gives CUSTOMER editorial access to the platform so they can 
		input, upload, modify or delete information (such as texts or images)
		pertaining to their tourist destination. 
		CUSTOMER then can enable their GUESTS to access this information via the
		SMART SIESTA platform.


	Relationship

		These Terms of Service describe the relationship between PROVIDER and 
		CUSTOMER. GUESTS are third parties that, while being beneficiaries of
		the information provided thorugh the SMART SIESTA platform, are not party
		to any agreement with PROVIDER and thus do not have any special rights
		or duties except as defined by applicable law.


	Information and Contents

		It is entirely within the purview of CUSTOMER which information they make
		available to their GUESTS via SMART SIESTA. 


	Costs

		After an initial free testing period of 30 days (starting on the
		day of the registration), CUSTOMER incurs fees for using
		SMART SIESTA. These fees are specified in the pricing section
		of the smartsiesta.com website.

		
	Modification to pricing or terms of service
		
		PROVIDER can make changes to these terms of service or the pricing.
		PROVIDER will inform CUSTOMER via email of such changes with at least
		30 days notice. CUSTOMER can terminate the business relationship
		with PROVIDER at any point (details see below). If CUSTOMER has not
		terminated the business relationship within 30 days after receiving
		notice of a change to pricing or the terms of service,   
	

	
		

	Invoicing and Payment

		PROVIDER will issue monthly invoices to CUSTOMER. 
		Invoices are issued in arrears and sent to CUSTOMER via e-mail.
		CUSTOMER will pay each invoice using SEPA bank transfer 
		to the bank account specified on the invoice within 30 days.

		If invoices remain unpaid or underpaid, PROVIDER will contact
		CUSTOMER towards a resulotion and, if the issue remains
		unresolved, may limit or deny access to the SMART SIESTA platform 
		completely or in parts, temporarily or permanently.
	

	Limits of liability

		PROVIDER will make reasonable efforts to keep SMART SIESTA
		available via internet and to ensure adequate function and
		performance on target devices such as web browsers on smartphones,
		tablets or PCs. PROVIDER can only be held responsible for 
		SMART SIESTA being unavaible in case of gross negligence 
		or malicious behaviour on part of PROVIDER.

		PROVIDER will never be held responsible for the accuracy of contents 
		entered into the SMART SIESTA platform by the CUSTOMER, since this is 
		entierly in the purview of CUSTOMER. 

	
	Personal Data 

		The SMART SIESTA platform can store a limited amount of personal data,
		namely:

		- 	Name and contact details of one or more representatives of 
			CUSTOMER to access the platform and to facilitate communication 
			with PROVIDER. These details are typically entered by CUSTOMER
			during the sign-up phase or added later while using the platform
			or communicating with PROVIDER.

		-	Name and contact details of GUESTS as to give them personalised
			access to the information stored on the SMART SIESTA platform or
			to facilitate communication between CUSTOMER and GUESTS. These
			details are typically entered by CUSTOMER as part of using the 
			platform.

		PROVIDER will store and process personal data using safeguards such as 
		data encryption in transit and at rest as well as rights- and access 
		management on the application, infrastructure, file and database level.
		
		PROVIDER will store data within the European Union.

		PROVIDER will not make personal data available to third parties unless
		required by law.

		PROVIDER will aquiesce with GDPR requests (as detailed in our data
		protection statements) within reason. This applies both to requests
		received from CUSTOMER as well as requests from GUESTS (received either 
		directly or relayed through CUSTOMER).

		Please note that limiting or deleting personal data from a GUEST will
		render the use of the SMART SIESTA platform ineffective for this guest.
		Limiting or deleting the personal data from all of CUSTOMERs 
		representatives will constitute a termination of business relationship,
		since CUSTOMER will not be able to use the platform effectively any more
		in such a case.


	Duties of the CUSTOMER

		The CUSTOMER is required to uphold relevant laws, including but not
		limited to intellectual property laws, when using, and especially when
		entering content into the SMART SIESTA platform. 
	
		The CUSTOMER is required to use SMART SIESTA in good faith, e.g. to 
		not unneccesarily overtax the platform's technical infrastructure 
		and to not try to circumvent the platform's billing meachnisms.

		The CUSTOMER is required to safeguard their access credentials to the 
		SMART SIESTA platform.

		The CUSTOMER is required to cooperate with PROVIDER in case of 
		malicious behaviour of third parties (e.g. hacking attempts or
		bad faith behaviour of GUESTS relating to the SMART SIESTA platform)  

		PROVIDER may, depending on the nature and severity of arising problems:

		- Contact CUSTOMER to resolve the issue
		- Limit or deny access to the SMART SIESTA platform completely 
		  or in parts, temporarily or permanently.
		- Inform and/or cooperate with Law Enforcement (only in cases of criminal
		  behaviour)


	Termination of Business Relationship

		CUSTOMER can terminate their business relationship with PROVIDER 
		at any point in time. This can be achieved in the following ways:

		a)	CUSTOMER simply stops or cancels all activities on the platform that 
			incur fees.

		b)	CUSTOMER informs PROVIDER via email that they wish to discontinue
			their business relationship with PROVIDER, either immediately or 
			at a certain point in time. 
	
		Fees incurred up to this point will stil have to be paid and 
		CUSTOMER is still required to cooperate in the resolution of ongoing
		problems or disputes, if any.  
	

	Jurisdiction

		The place of jurisdiction for the present agreement shall be Hamburg, Germany.

		
	Severability

		If any provision of this agreement shall be held or made invalid by 
		a court decision, statute or rule, or shall be otherwise rendered 
		invalid, the remainder of this agreement shall not be affected thereby.