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. 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.