STANDARD CONTRACT BETWEEN TRAVELER AND LOCAL

1. Introduction: This Standard Contract between Traveler and Local ("this agreement") sets out the terms which govern each transaction between a Traveler and a Local on SUYUH.
2. When does this agreement apply? Each time a Traveler/Local Transaction is initiated on SUYUH, this Standard Contract between Traveler and Local will apply to the exclusion of any other terms which the Traveler or Local may propose, and this Standard Contract between Traveler and Local will legally bind the Traveler and Local participating in the Traveler/Local Transaction.
3. Parties: The only parties to this agreement are the Traveler and Local participating in the Traveler/Local Transaction. SUYUH GmbH is not a party to this Agreement and does not grant any rights with respect to or participate in any transaction of the Traveler/Local, except for acting as a payment intermediary through the authorized third party payment provider Stripe, as set out in Section 5 of this agreement.
4. Interpretation: In this agreement, defined terms have the following meanings:
   1. "SUYUH" means the application of SUYUH GmbH, which is obtained via the Google PlayStore Apple AppStore, or the website accessed via the URL www.suyuh.io or via any web browser;
   2. "Content" means any material uploaded to SUYUH by any User (whether a Local or a Traveler), including any photos, videos, audio, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
   3. "Local" means a User who provides free and paid Content on SUYUH to be viewed by other Users;
   4. "Traveler" means a User that is able to view the Local's free or paid Content;
   5. "Traveler/Local Transaction" means any transaction between a Traveler and a Local on SUYUH whereby access to the Local's pay-per-view content is granted through payments made by a Traveler;
   6. "Traveler Payment" means payments made by a Traveler in respect of any Traveler/Local Transaction;
   7. "SUYUH Fee" means the fee charged by the SUYUH GmbH to Locals in accordance with section 5 of the SUYUH Terms of Use for Locals;
   8. "VAT" means Germany value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
   9. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Germany or any other jurisdiction.
5. Pricing and payment: By entering into a Traveler/Local Transaction, the Traveler agrees to pay the Traveler Payment applicable to the relevant Traveler/Local Transaction in accordance with the pricing published in the Local's account plus any VAT which is applicable. The Traveler and Local participating in the Traveler/Local Transaction authorize the SUYUH GmbH and the entitled third party payment provider Stripe to act as a payment intermediary and to collect, hold, and process the Traveler Payment and any applicable VAT, to deduct the SUYUH Fee, and to pay out the sums due to Locals as described in the SUYUH Terms of Service.
6. License of Content: Once the Traveler has made the Traveler Payment for a Traveler/Local Transaction, the Local grants to the Traveler a limited license to access the applicable Content of that Local to which the Traveler/Local Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Traveler to access and view the Relevant Content on the Traveler's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Traveler's accessing the Content (i.e. caching)), in accordance with the SUYUH Acceptable Use Policy.
7. Ownership of Content: The Traveler participating in the Traveler/Local Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Traveler acquiring any rights in or to the Relevant Content, which rights shall be retained by the Local of the Relevant Content.
8. Expiry of license: The license granted to a Traveler in relation to the Relevant Content will expire automatically without notice in the following circumstances:
   1. if the Traveler Payment related to the Traveler/Local Transaction was unsuccessful, or is charged back or reversed for any reason;
   2. once the Traveler has completed viewing the Content;
   3. if the Traveler's User account is suspended or terminated for any reason;
   4. if the Traveler acts in breach of the SUYUHAcceptable Use Policy (whether in relation to the Relevant Content or at all);
   5. if the Content is removed by the Local from the Local's account
   6. if the Local account is suspended or terminated from SUYUH due to breach of the SUYUH Acceptable Use Policy
   7. if the Traveler closes their SUYUH User account.
9. Cancellation and refunds: In respect of every Traveler/Local Transaction:
   1. The Traveler acknowledges that the Traveler/Local Transaction will result in a supply of the relevant Content to the Traveler before the end of the period of 14 days from the date when the Traveler/Local Transaction is entered into, and the Traveler gives his or her express consent to this and confirms to the Local that he or she is aware that any statutory right to cancel the Traveler/Local Transaction will therefore be lost.
   2. This agreement does not affect any statutory right to receive a refund from a Traveler Payment made on SUYUH.
10. Obligations between Local and Traveler: In respect of every Traveler/Local Transaction:
    1. The Traveler and the Local participating in the Traveler/Local Transaction agree to comply at all times with the SUYUH Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
    2. The Traveler participating in the Traveler/Local Transaction agrees to make the Traveler Payment required to view the Relevant Content, and agrees not to initiate a chargeback other than if the Traveler disputes the Traveler/Local Transaction in good faith.
    3. The Local participating in the Traveler/Local Transaction agrees to make the Relevant Content available to the Traveler once the Traveler has made the Traveler Payment applicable to the Relevant Content.
    4. The Local warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Traveler in the territory in which the Traveler will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
    5. The Local is solely responsible for creating and uploading the Relevant Content. The Local provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
    6. Unless there has been negligence or other breach of duty by the Local, the accessing by the Traveler of the Local's Content is entirely at the Traveler's own risk.
11. No guarantees: The Traveler participating in the Traveler/Local Transaction acknowledges that Locals may add and remove Content at any time from their Local account, and that Locals have the discretion to decide what sort of Content to make available on their account. In addition, the Traveler participating in the Traveler/Local Transaction acknowledges that there may be circumstances where it is not possible for the Traveler to access to Relevant Content to be provided under the Traveler/Local Transaction, including:
    1. if the Local's account is suspended or deleted;
    2. if the Traveler's account is suspended or deleted; or
    3. if the availability of all or any part of SUYUH site is suspended or inaccessible.
12. Terms relating to disputes:
    1. This agreement is governed by German law and German law will apply to any claim that arises out of or relates to this agreement. The Traveler will also be able to rely on mandatory rules of the law of the country where he or she lives.
    2. Where claims can be brought:
       1. If this agreement is with a Traveler resident in Germany or the European Union, any claim under this agreement may be brought in the courts of Germany or the courts of the country where the Traveler lives.
       2. If this agreement is with a Traveler resident outside of Germany or the European Union any claim under this agreement must be brought in the courts of Germany, unless the Traveler and Local otherwise agree.