T&C - ANNEX B

ANNEX B

This Annex B forms part of the Smoobu Terms and Conditions (T&C) and is applicable for certain Platform features (“Features”) as detailed below.  Features offered vary per Subscription. This Annex B is applicable if you use one or more of these Features.

1. Website Builder
   
   

   1. Smoobu offers a website builder (“Website Builder”) via the Platform which enables a User to create a publicly available website (“Website”).
      
      
   2. Websites may be hosted under a User´s own URL or  under a Smoobu-provided domain and Users are solely responsible for ensuring that the content (texts, graphics, photos, etc.) created and/or uploaded, including the Website domain name, complies with all applicable laws and regulations, including but not limited to the Digital Services Act (REGULATION (EU) 2022/2065) and youth protection, product liability, product safety, e-commerce (in particular legal obligations for provider labeling), competition, data protection and tax laws and, to obtain and maintain all necessary consents, approvals and authorizations at its own expense. Smoobu shall not be liable for any legal consequences arising from the User’s failure to comply with such laws and regulations.
      
      
   3. Users may only use the Features provided by Smoobu for legitimate business purposes that are directly related to the intended scope of the customer account on the Smoobu Platform. In particular, the website and means of communication may not be used for gambling or other purposes that are harmful to minors or incite violence or otherwise send spam, malicious code or other unlawful content.
      
      
   4. The User warrants that it is either the owner of the intellectual rights associated with the content created and/or uploaded or has a license to reproduce said content on the Website and the content does not infringe any other third-party rights.
      
      
   5. Smoobu reserves the right to suspend or terminate the User’s access to the Website Builder and take existing Websites offline at any time, without prior notice, if Smoobu determines that the User is using the Website Builder in violation of this Annex B and/or the T&C.
      
   6. The User acknowledges that the Website Builder may be subject to periodic updates and maintenance, which may result in temporary disruptions in service. Smoobu shall make reasonable efforts to both minimize any such disruptions and provide advance notice of such. Smoobu shall not be liable for any damages or losses arising from such disruptions.
      
      
   7. Any Websites that have not been updated or accessed for a period of twelve months or more may be taken offline and later deleted by Smoobu.

2. Integrated Booking System
   
   

   1. Smoobu offers an accommodation booking system (“Booking System”) which a User may embed in their own website or in the Website created via the Website Builder.
      
      
   2. The Booking System offers the User the technical possibility to conclude a distance contract online with guests for the rental of accommodation, whereby the availability of the respective accommodation is then transferred directly to the Smoobu Platform, provided that the accommodation is also linked to the Smoobu Platform in accordance with the T&C. All legal requirements necessary for a legally binding booking and all relevant consumer regulations must be complied with by the User and ensured and taken into account at their own instigation, responsibility and expense.
      
      
   3. The User is responsible for the initial embedding and continued maintenance of the Booking System in accordance with the guidance provided by Smoobu on the Platform and shall be solely responsible for all respective storage of such applicable transaction data.
      
      

3. Application Programming Interface (“API”) – For Developers

   1. This section governs Users connecting their own application to Smoobu via API. Smoobu provides various API’s for different use cases.
      
      
   2. Smoobu must be notified in writing via [email protected] before a User begins coding. Smoobu may provide the necessary keys and additional information per use case.
      
      
   3. Smoobu must be notified in writing via [email protected] before a User begins coding. Smoobu may provide the necessary keys and additional information per use case.

4. E-Invoicing

    

   1. Smoobu offers an invoicing Feature (“E-Invoicing”) which generates guest invoices according to a standard XML format; this data file constitutes an electronic invoice.
   2. Users are responsible for correctly inputting all required data to generate invoices via the Platform.
   3. Users are responsible for ensuring that all invoices generated via the Platform are correct before providing to the recipient. Smoobu accepts no liability for invoices with incorrect data or otherwise.

5. Dynamic Pricing

    

   1. Smoobu offers an additional Feature which permits Users to build, maintain and automate the optimal pricing strategies for their short term vacation rentals, “Dynamic Pricing”.
   2. The User is responsible to provide all mandatory data points and to activate the Feature individually for each accommodation via the Platform.
   3. Dynamic Pricing is activated individually for each accommodation via the Platform, not per User Account.
   4. By using Dynamic Pricing, you provide Smoobu with additional information, and authorize us to automatically update the pricing data for your short term accommodation rentals, in particular holiday homes or vacation rentals, on your behalf. Unless we otherwise agree in writing, we do not have permission to change any other details related to your account.
   5. Dynamic Pricing will be automatically deactivated when the source of applicable data is too low or insufficient and you will be notified of such.
   6. You may adjust your price settings on the Platform to manage our price recommendations according to your preferences. Additionally you may choose to deactivate Dynamic Pricing and set pricing manually. Any manual setting of prices, will require an active change of settings in order to revert to prices recommended by Dynamic Pricing.
   7. Dynamic Pricing may not be used for any benchmarking or other competitive purposes.

6. Feature Billing

    

   1. The monthly cost of Dynamic Pricing and E-Invoicing and any applicable additional chargeableFeatures are billed in accordance with your Smoobu Agreement and Subscription. E.g. if you have an annual Subscription, you will be billed annually for these Features.
   2. Additional paid Features may be canceled at any time and the cancellation will be effective at the end of your current billing cycle. You may continue to use these Features after cancellation until the end of the billing cycle. Any cancellation of Features does not impact your Subscription.
   3. Cancellation of paid Features must be made by clicking the “Deactivate” button via the applicable Feature page on the Platform. You will receive a deactivation confirmation email.
   4. By using any additional paid Features via the Platform, you acknowledge that the fee structure and fees charged by Smoobu may change at any time. Smoobu will provide you with thirty (30) days advance notice of any changes to the then-existing fee structure. Continued use of any applicable Features following that 30-day notice period constitutes your agreement to the updated fee structure and fees. You acknowledge that if you object to the proposed fee structure change(s), your sole remedy may be to stop using said feature.

7. General

    

   1. These Features are provided as is and Smoobu makes no warranties or representations regarding their functionality, accuracy, reliability, or legal compliance thereof. The User acknowledges and agrees that Smoobu shall not be liable for any damages or losses arising from their use.
      
      
   2. Smoobu reserves the right to expand, change or delete services or Features and to make improvements, in particular if these serve technical progress and/or appear necessary and to prevent misuse. We will only make these changes to paid services if they are reasonable for our Users or if Smoobu is obliged to do so by law.
      
      
   3. The User agrees to indemnify and hold harmless Smoobu, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses arising from the Users use of these Features, including but not limited to any claims related to the Customer’s failure to comply with applicable laws and regulations and the T&C which incorporates this Annex B.