Terms of Use

These Terms of Use ("Terms") govern your access to and use of the homy.today property management platform ("Platform") provided by Smokely S.L ("Company," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Platform.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

3.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Services

The Platform provides property management solutions including, but not limited to:

• Booking management and channel synchronization
• Integration with third-party booking platforms
• Revenue optimization and dynamic pricing
• Maintenance management for HORECA properties
• Analytics and reporting tools

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice.

5. Subscription and Payment

5.1 Subscription Plans

Access to the Platform requires a paid subscription. Subscription plans are based on the number of properties, rooms, or apartments managed and are billed annually.

5.2 Payment Terms

• Payments must be made in advance for the subscription period
• All fees are non-refundable except as expressly stated in our Payment and Refunds Policy
• We accept payments via bank transfer and major credit cards
• Prices are subject to change with 30 days' notice

5.3 Late Payment

If payment is not received by the due date, we reserve the right to suspend or terminate your access to the Platform until payment is received.

6. Use of Platform

6.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes.

6.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Use the Platform for any unlawful or fraudulent purpose
• Attempt to gain unauthorized access to the Platform or related systems
• Interfere with or disrupt the integrity or performance of the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use automated systems (bots, scrapers) to access the Platform
• Transmit viruses, malware, or other malicious code
• Resell, sublicense, or redistribute the Platform
• Remove or alter any proprietary notices or labels

7. Intellectual Property

7.1 Platform Ownership

The Platform, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by Smokely S.L and protected by international copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain all rights to the data and content you upload to the Platform ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely to provide the Platform services.

8. Data Protection and Privacy

We are committed to protecting your data. Our collection, use, and disclosure of personal information are governed by our Privacy Policy. You are responsible for ensuring that any data you collect from guests or users complies with applicable data protection laws, including GDPR.

9. Third-Party Integrations

The Platform may integrate with third-party services (Booking.com, Airbnb, Expedia, etc.). Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, content, or practices of third-party services.

10. Service Level and Support

10.1 Availability

We strive to maintain 99.9% uptime for the Platform. However, we do not guarantee uninterrupted access and are not liable for any downtime caused by:

• Scheduled maintenance
• Third-party service failures
• Force majeure events
• Internet or network connectivity issues

10.2 Support

We provide 24/7 technical support via phone, email, and live chat. Response times vary based on the severity of the issue.

11. Limitation of Liability

To the maximum extent permitted by law:

• The Platform is provided "as is" and "as available" without warranties of any kind
• We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement
• We are not liable for any indirect, incidental, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim

12. Indemnification

You agree to indemnify, defend, and hold harmless Smokely S.L, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting our support team. Termination does not entitle you to a refund for any unused subscription period.

13.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Breach these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk to the Platform

13.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. We will retain your data for 30 days, after which it will be permanently deleted unless legally required to retain it longer.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be resolved through:

• Good faith negotiations between the parties
• If negotiations fail, binding arbitration in Marbella, Spain
• The exclusive jurisdiction of the courts of Marbella, Spain

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Payment and Refunds Policy, constitute the entire agreement between you and Smokely S.L regarding the Platform.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us:

Smokely S.L
Church Square 31 D - San Pedro Alcantara
29601, Marbella (Malaga)
Spain

Email: legal@homy.today
Phone (Portugal): +351 91 234 5678
Phone (Spain): +34 91 234 5678