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.