TERMS OF USE FOR ALL USERS

By using SUYUH you agree to these terms:

Introduction: These Terms of Use for all Users govern your use of SUYUH and your agreement with us.
Interpretation: In the Terms of Service
1. we refer to our application and website as "SUYUH", including when accessed via the URL www.SUYUH.io or via any web browser;
2. references to "we", "our", "us" are references to SUYUH GmbH, the operator of SUYUH;
3. "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;
4. "Local" means a User who provides free and paid Content on SUYUH to be viewed by other Users;
5. "Traveler" means a User that is able to view the Local's free or paid Content;
6. "Traveler Payment" means payments made by a Traveler to a Local, for accessing the Local's Content;
7. "Standard Contract between Traveler and Local means the terms which govern each transaction between a Traveler and a Local on SUYUH, which can be found here;
8. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Travelers, (iii) Terms of Use for Locals, (iv) Privacy Policy, (v) Acceptable Use Policy, (vii) Complaints Policy, and (viii) Platform to Business Regulation Terms
9. "User" means any user of SUYUH, whether a Local or a Traveler or both (also referred to as "you" or "your").
Who we are and how to contact us: SUYUH is operated by the SUYUH GmbH. We are a limited company registered in Germany, we have our office address at Technologiepark 8, TecUP, 33100 Paderborn , Germany. To contact us with any questions about SUYUH, please email our support team at info@suyuh.io .
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
1. to reflect changes in laws and regulatory requirements which apply to SUYUH and the services, features and programs of SUYUH where such changes require SUYUH to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
2. to address an unforeseen and imminent danger related to defending SUYUH, Travelers or Locals from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through SUYUH, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use SUYUH.
We may make changes to or suspend or withdraw SUYUH: We may update and change SUYUH from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that SUYUH, or any Content on it, will always be available or accessible without interruption.
Registering with SUYUH: To use SUYUH you must first register and create a User account on SUYUH. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other platforms) and must comply with the technical requirements of the SUYUH site for the composition of passwords. To register as a User:
1. you must be at least 18 years old, and you will be required to confirm this;
2. If you are under 18, you may use SUYUH only with the involvement of a parent or guardian.
3. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
4. you must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you must not access or use SUYUH.
Your commitments to us: When you register with and use SUYUH, you make the following commitments to us:
1. If you previously had an account with SUYUH, you confirm that your old account was not terminated by us because you violated any of our terms or policies.
2. You will make sure that all information which you submit to us is truthful, accurate and complete.
3. You will update promptly any of your information you have submitted to us as and when it changes.
4. You consent to receiving communications by emails, to the processing of your personal data as more fully detailed in our Privacy Policy.
5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact info@suyuh.io promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
6. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
7. You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of SUYUH.
Rights we have, including to terminate your account:
1. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
2. It is our policy to suspend access to any Content you post on SUYUH which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at info@suyuh.io. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation
3. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your SUYUH account, but we are not obligated to give you prior notice of such removal.
4. We reserve the right in our sole discretion to terminate your agreement with us and your access to SUYUH for any reason by giving you 30 days’ notice by email or electronic message to your SUYUH account. We can also terminate your agreement with us and your access to SUYUH immediately and without prior notice:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
  - if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of SUYUH.
5. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on SUYUH for you to be able to access your Content following termination of your account.
6. We can investigate any suspected or alleged misuse, abuse, or unlawful use of SUYUH and cooperate with law enforcement agencies in such investigation.
7. We can disclose any information or records in our possession or control about your use of SUYUH to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
8. We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your SUYUH account.
9. Other than Content (which is owned by or licensed to Locals), all rights in and to SUYUH and its entire contents, features, databases, source code and functionality, are owned by us. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
10. We are the sole and exclusive owners of any and all anonymised data relating to your use of SUYUH and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing SUYUH to you, but there are certain things which we are not responsible for, as follows:
1. We do not authorize or approve Content on SUYUH, and views expressed by Locals or Travelers on SUYUH do not necessarily represent our views.
2. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Locals.
3. Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on SUYUH, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on SUYUH.
4. All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via SUYUH. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
5. You agree that you have no obligation to follow any suggestions, comments, s or instructions received from another User of SUYUH and that if you choose to do so, you do so entirely at your own risk.
6. We make no promises or guarantees of any kind that Locals will make a particular sum of money from their use of SUYUH
7. We do not promise that SUYUH is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access SUYUH. You should use your own virus protection software.
8. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of SUYUH.
9. While we try to make sure that SUYUH is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Locals.
10. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
11. You acknowledge that once your Content is posted on SUYUH, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
Intellectual property rights – ownership and licenses:
1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which SUYUH is accessible.
2. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of SUYUH. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
3. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
Linking to and from SUYUH:
1. Links to SUYUH:
  - You may link href the SUYUH homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
  - If you are a Local, when promoting your Local account you must comply with our Terms of Service and the terms of service of any other website where you place a link href or otherwise promote your Local account. When promoting your Local account, you must not impersonate SUYUH or give the impression that your Local account is being promoted by us if this is not the case.
2. Links from SUYUH: If SUYUH contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to SUYUH, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
How do I delete my account? If you want to delete your SUYUH account then you may do so in the 'Account' section of your SUYUH account.
1. If you are a Traveler, the deletion of your account will take place within a reasonable time following your request.
2. If you are a Local, then once you initiate the "delete account" process your account will remain open until you receive your final payment, after your account will be deleted
3. Once your account has been deleted you won't be charged any further amounts or have access to your former SUYUH account or its Content. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on SUYUH for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
1. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
2. If you are a consumer User, you agree that we and our employees, will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of SUYUH.
3. If you are a business User, you agree that:
  - We and our employees:
    - exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to SUYUH or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
    - are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
    - won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
      - your inability to use SUYUH or any of its services, features or programs; or
      - your use of or reliance on any content (including Content) stored on SUYUH;
    - won't be liable to you for any:
      - loss of profits
      - loss of sales, business, or revenue;
      - business interruption;
      - loss of anticipated savings;
      - loss of business opportunity, goodwill or reputation;
      - loss of data or information, including any Content; or
      - indirect or consequential loss or damage;
    - won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of SUYUH or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
    - won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
    - won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
    - won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
  - Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
    - 100% of the payments made by you to us in connection with your use of SUYUH; and
    - USD 5,000.
General: You agree that:
1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
3. We reserve all rights not expressly granted to you.
4. No implied licenses or other rights are granted to you in relation to any part of SUYUH, save as expressly set out in the Terms of Service.
5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
8. h. The Terms of Service form the entire agreement between us and you regarding your access to and use of SUYUH, and supersede any and all prior oral or written understandings or agreements between us and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning SUYUH (including those arising from or relating to your agreement with us) can be brought:
1. For consumers (Travelers):
  - Consumers - Law:
    - If you are a consumer, your agreement with us is governed by German law and German law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
  - Consumers - where claims must be brought:
    - If you are a consumer resident in Germany or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) may be brought in the courts of Germany or the courts of the country where you live.
    - If you are a consumer resident outside of Germany or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of Germany.
2. For business Users (Locals):
  - Business Users – Law:
    - If you are a business User, your agreement with us, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by German law, without regard to conflict of law provisions.
  - Business Users - where claims must be brought:
    - If you are a business User, you and we agree that the courts of Germany shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.
3. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning SUYUH (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
1. Terms of Use for Travelers which contain additional terms which apply if you use SUYUH as a Traveler;
2. Terms of Use for Locals which contain additional terms which apply if you use SUYUH as a Local;
3. Privacy Policy which applies to all Users and tells you how we use your personal data and other information we collect about you;
4. Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on SUYUH;
5. Complaints Policy which sets out the procedure for making a complaint about any aspect of SUYUH, and how we will deal with that complaint; and
6. Platform to Business Regulation Terms which contain additional terms which apply to Locals who are established or resident in the European Union or the United Kingdom.

TERMS OF USE FOR TRAVELERS

Introduction: These Terms of Use for Travelers are additional terms which apply if you use SUYUH as a Traveler (also referred to as "you" and "your" in these Terms of Use for Travelers). These Terms of Use for Travelers form part of your agreement with us.
Interpretation: In these Terms of Use for Travelers, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. "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
2. b. "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.
Other terms which will apply to your use of SUYUH: The following terms will also apply to your use of SUYUH and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy – which tells you what you can and can't do on SUYUH;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of SUYUH, and how we will deal with that complaint; and
5. The Standard Contract between Traveler and Local– which does not form part of your agreement with us, but applies to each transaction you enter into with any Local and sets out the terms on which you will contract with Locals.
Other terms which may apply to your use of SUYUH: The following additional terms may apply to your use of SUYUH:
1. If you are also a Local, the Terms of Use for Locals will apply to your use of SUYUH as a Local;
2. If you are a Local who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
1. you are at least 18 years old;
2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
3. you are not be barred from accessing SUYUH under any laws which apply to you.
Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Traveler on SUYUH:
1. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on SUYUH:
  1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
  2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
  3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on SUYUH
2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of SUYUH. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Purchases by Travelers: This section describes the terms which apply to transactions and interactions between Travelers and Locals:
1. All transactions and interactions facilitated by SUYUH are contracts between Travelers and Locals on the terms of theStandard Contract between Traveler and Local Although we facilitate transactions and interactions between Travelers and Locals by providing the SUYUH platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Traveler and Local or any other contract which may exist between a Traveler and Local, and are not responsible for any transactions or interactions between Travelers and Locals.
2. Locals are solely responsible for determining (within the parameters for pricing on SUYUH) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in the local currency.
3. Traveler Payments are exclusive of VAT, which shall be added at the current rate as applicable to Traveler Payments.
4. To view paid Local's Content and/or on SUYUH, you must first add a payment card to your account.
5. You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Traveler Payment. All Traveler Payments will be charged in the local currency. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
6. The payment provider will take immediate payments from your payment card for after you bought content from a local. You authorize and consent to each of these payments being debited using your supplied payment card details.
7. You agree that you will not make unjustified requests for a refund from any Local which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Local. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right delete your User account.

TERMS OF USE FOR LOCALS

Introduction: These Terms of Use for Locals are additional terms which apply if you use SUYUH as a Local (also referred to as "you" and "your" in these Terms of Use for Locals). These Terms of Use for Locals form part of your agreement with us.
Interpretation: In these Terms of Use for Locals, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. "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
2. "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 the German or any other jurisdiction.
Other terms which will apply to your use of SUYUH: The following terms will also apply to your use of SUYUH and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy– which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy – which tells you what you can and can’t do on SUYUH;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of SUYUH, and how we will deal with that complaint; and
5. The Standard Contract between Traveler and Local – which does not form part of your agreement with us, but sets out the agreement between you and your Travelers for each transaction between you and them.
Other terms which may apply to your use of SUYUH: The following additional terms may apply to your use of SUYUH:
1. If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
2. If you are also a Traveler, the Terms of Use for Travelers will also apply to your use of SUYUH as a Traveler; and
What are the fees that we charge Locals for the use of SUYUH? We charge a fee to you of thirty per cent (30%) of all Traveler Payments made to you (exclusive of any VAT element of the Traveler Payment) (called Our Fee). The remaining sevent per cent (70%) of the Traveler Payment (exclusive of any VAT element of the Traveler Payment) is payable to you (called "Local Earnings"). Our Fee includes our costs of providing, maintaining and operating SUYUH and storing your Content. Our Fee is deducted from the Traveler Payment, and Local Earnings are paid to you in the way described in the Payouts to Locals section below.
How to set up your account as a Local account for providing paid content: To set up your account as a Local account and provide paid content to travellers:
1. You will need on your User account page to select one of the available payment methods provided by SUYUH as to how your Local Earnings will be transferred to you. These methods are called Payout Options.
2. You may also need to submit additional information depending on the country where you live on request.
3. You will then be able to start adding paid Content and Users will be able to purchase content from you.
4. If you lose access to your account, you can reset your password, but you will need to know the email address or username used to set up the account to do so. If you do not recall the email address or username used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
Agencies cannot be Locals: Every Local is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Local account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
Locals who use corporate entities: If you establish a legal entity to receive your local earnings, you must provide us with proof, upon request, that you are legally entitled to operate the account the legal entity. You agree that if you use a corporate entity to receive Local Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.
Purchases by Travelers: This section describes the terms which apply to transactions and interactions between Travelers and Locals:
1. All transactions and interactions facilitated by SUYUH are contracts between Travelers and Locals on the terms of theStandard Contract between Traveler and Local Although we facilitate transactions and interactions between Travelers and Locals by providing the SUYUH platform, storing Content, we are not a party to theStandard Contract between Traveler and Local or any other contract which may exist between a Traveler and Local, and are not responsible for any transactions or interactions between Travelers and Locals.
2. Traveler Payments are exclusive of VAT, which shall be added at the current rate as applicable to Traveler Payments.
3. When a Traveler has made the required payment for access to your Content, you must allow the Traveler to view the Content paid for.
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Local on SUYUH:
1. Your Content is not confidential, and you authorize your Travelers to access and view your Content on SUYUH for their own lawful and personal use, and in accordance with any licenses that you grant to your Travelers.
2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on SUYUH:
3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of SUYUH. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
4. You also agree to act as custodian of records for the Content that you upload to SUYUH.
Co-authored Content:
1. If you upload Content to your Local account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
  1. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
  2. has consented to the Co-Authored Content in which he or she appears being posted on SUYUH.
2. You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless the other persons have given their consent
3. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on SUYUH.
4. You agree that we will only pay out Local Earnings to the account of the Local to which the Co-Authored Content is uploaded. The Local who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Locals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Locals, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Local Earnings earned on any Co-Authored Content in which you appear but which is posted on another Local’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Local, terminate your account, and/or withhold all or any portion of Local Earnings earned but not yet paid out to you.
5. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Local(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
Payouts to Locals:
1. All Traveler Payments will be received by Stripe as third-party payment provider approved by us.
2. We will ensure that Stripe, acting as our payment provider, will collect the Traveler Payment and:
  1. pay Our Fee on the Traveler Payment to an account held in our name; and
  2. pay the Local Earnings to your bank account or the bank account of a corporate entity in which you are the entitled person to operate the SUYUH account (see section 8 above).
3. Your SUYUH account will be updated within a reasonable time with your Local Earnings. Your Local Earnings will become available for withdrawal by you from your SUYUH account once such Local Earnings appear in your SUYUH account.
4. To make a withdrawal of Local Earnings from your SUYUH account, you must have at least the minimum payout amount in your SUYUH account. Please check on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
5. The amount that you see in your ‘current balance’ in your SUYUH account is your Local Earnings at the relevant time. Local Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe.
6. If a Traveler successfully seeks a refund or chargeback from their credit card provider in respect of a Traveler Payment, we may investigate and may decide to deduct from your account an amount equal to the Local Earnings earned by you on the charged-back or refunded amount.
7. We do not store any data disclosed by you when you register your Payout Options with Stripe.
Circumstances in which we may withhold Local Earnings:
1. We may withhold all or any part of the Local Earnings due to you but not yet paid out:
  1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
  2. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  3. if we suspect that all or any part of the Local Earnings result from unlawful activity, either by you or by the Traveler who made the Traveler Payment resulting in the Local Earnings,
  for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Local Earnings result from unlawful activity, we may notify you that you have forfeited your Local Earnings.
2. We shall not have any responsibility to you if we withhold or forfeit any of your Local Earnings where we have a right to do so under these Terms of Use for Locals.
3. If we are withholding all or any part of the Local Earnings due to you and we determine that part of the Local Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Local Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Local Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
4. If once we have finished our investigation we determine that Local Earnings are forfeited, we will use our best efforts to return any Traveler Payments which resulted in forfeited Local Earnings to the relevant Travelers who paid such Traveler Payments.
Promoting Tax compliance:
1. General
  1. We recommend that all Locals seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
  2. By using SUYUH as a Local with paid content, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of SUYUH to the relevant Tax authority in your jurisdiction, as required by law.
  3. By using SUYUH as a Local with paid content you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an SUYUH account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you might contact info@suyuh.io
  4. For the avoidance of doubt, you are responsible for your own Tax affairs and SUYUH is not responsible or liable for any non-payment of Tax by Locals.
  5. We reserve the right to close your SUYUH account if we are notified of or become aware of any Tax non-compliance by you.