MTSA – Staytus

MEMBERS TERMS OF SERVICE AGREEMENT

Last updated: April 4, 2024

By using any of Staytus, Inc.’s websites, apps, software, features, services, or APIs (“Staytus Platform”), you and the company you are authorized to represent (“you”, “your”, “Member”, “Hotel”, “Customer”, or “Client”) agree to these Terms of Service and all other applicable terms, policies, and documentation (collectively, “Member Terms of Service Agreement” or “MTSA”).

Staytus, Inc. is the contracting entity providing our Services, which may be facilitated or executed via one or more of our international affiliates or partners (collectively, “Staytus,” “our,” “we,” or “us”). We provide the Staytus Platform for your business use.

You and we are each a “Party”, and together you and we are “Parties”, to this MTSA. References in this document to “Member” in the singular form or “Members” in the plural form may refer to you individually, or collectively to you and other parties who are also participating in this MTSA.

We provide Members with specific and limited services on the Staytus Platform, which may be delivered on websites and/or software applications published on one or more software application stores, such as the Apple App Store, the Google Play Store, and other similar online app stores.

This MTSA explains our obligations to you and your obligations to us. By using the Staytus Platform in any way, you agree to comply with these terms, our Privacy Policy, and any other legal notices or conditions or guidelines posted on our website and other websites we operate that you use.

DEFINITIONS
1. Activation Date: the first day of the calendar month
  following the date when Staytus has confirmed receipt of your payment in full of the
  first Service Fee (also referred to as Monthly Fee). Staytus generally confirms receipt of payments on a daily or
  48-hourly basis during regular business days excluding weekends, public holidays,
  and bank holidays.
2. Area: a specific area in or surrounding the
  Property. “AT” generally includes the localities inside and immediately surrounding
  the Property. “NEAR” generally includes the local area or neighborhood surrounding
  the Property.
3. Business Day: each Monday, Tuesday, Wednesday,
  Thursday, or Friday, excluding official published government-sanctioned
  private-sector holidays in the jurisdiction(s) where the Property is located and
  where our offices that provide Services to the Property are located.
4. Calendar: all dates are according to the Gregorian calendar.
  One calendar quarter is 1st January through 31st March; 1st April through 30th June;
  1st July through 30th September; or 1st October through 31st December.
5. Customer Account: the record of Customer’s
  subscribed services, rates, prepaid credits, and service period.
6. Customer Materials: all information, text, timings,
  photographs, photo image library access, creative or graphic files, messages, phone
  numbers, web link addresses, logos or logo files, brand identity designs, brand
  guidelines, electronic files, or other materials Customer provides to us for use in
  Customer’s Staytus Account in connection with Customer’s participation in the
  Staytus Platform.
7. Data Privacy and Protection Law: means any and all
  applicable law, regulation, directive, or other binding requirements (each as may be
  implemented, amended, extended, superseded, or re-enacted from time to time, related
  to data protection, data security, marketing, privacy, or the Processing of Personal
  Data, including but not limited to the Regulation (EU) 2016/679
  (“GDPR”), Directive 2002/58/EC, Directive 2009/136/EC, UK GDPR,
  together with any local, amending or replacement legislation in any EU Member State
  or the UK, and the California Consumer Privacy Act (“CCPA”), together with any
  implementing regulation.
8. Guest Check: the total bill charged to a customer of
  an outlet in the Property for all items purchased against which a single payment
  transaction is made.
9. Invitation Code: a digital code used to connect the
  User’s web browser or mobile app to a specific Staytus Account. Invitation codes may
  be delivered via a QR Code, which may be scanned via the User’s mobile device.
  Invitation Codes may be used to connect to specific Users or groups of Users, and to
  target specific distinct Programs to such Users.
10. Launch Date: the date following the Effective Date
  when, in our sole discretion, the account setup is complete, the Staytus Platform is
  operational at the Property, and Customer is actively inviting community members
  and/or guests to use the Staytus Platform. After such date is determined, we will
  send you a Launch Date certificate.
11. Location Services: a technology that uses the
  physical location of the mobile device in order to control certain features and
  functions of the Staytus Platform. The Staytus Platform uses Location Services to
  detect when a Subscriber’s mobile device is far from the Property, in the vicinity
  of the Property or inside the Property, and to control the content sent to a
  Subscriber’s web browser and/or app on their mobile device. Location Services are
  subject to the User’s consent as configured in the mobile device’s settings.
12. Member: a resort, hotel, or other property that is
  subscribed to the Staytus Platform in order to communicate to its Subscribers via
  the Staytus Platform.
13. Personal Data: has the same meaning as
  defined in the DPA.
14. Privilege: a digital voucher containing a private
  offer that is published via the Staytus Platform and redeemable in the Property,
  which may have specific unique parameters, such as an offer value or description,
  validity window, expiration date and time, and a secret PIN code (for use by the
  outlet staff, not the Subscriber) required for redemption.
15. Process / Processing: has the same meaning as
  defined in the DPA.
16. Program: a distinct communications channel from
  Customer’s Staytus Account. Each Staytus Account may have one or more Programs to
  target different audiences.
17. Push Notifications: pop-up alerts or banners
  received by the mobile device. Push Notifications can be sent according to precise
  timings, so long as the mobile device has an Internet connection and an eligible
  app, and the User has allowed notifications from the Staytus Platform as configured
  in the mobile device’s settings.
18. SMS Notifications: Push notifications sent via cellular SMS connection rather than via app.
19. Staytus Account: a secure database containing
  information, settings, marketing, and other content uniquely for a single Property,
  associated with a dedicated content management system (“CMS”), tailoring and timing
  algorithm, and Internet distribution channels. Certain mobile websites and apps that
  form part of the Staytus Platform may receive dynamic communications from Customer’s
  Staytus Account. In some older Services Agreements, the Staytus Account may be
  referred to as the “Client Account”.
20. Staytus Materials: all materials provided by or
  through us, our affiliates, subsidiaries, employees, agents, licensors or other
  commercial partners including, but not limited to, all content available on the
  Staytus Platform, the staytus.com website and other websites we own or operate,
  software, software documentation, training materials, “look and feel” and design,
  layout, photographs, graphics, images, text, audio, video, messages, interactive
  messaging systems, design and functions, content management and distribution
  platform, data analytics tools, yield management tools, files, documents, or other
  materials, whether publicly posted or privately transmitted as well as all
  derivative works thereof.
21. Staytus Services: all services provided by or
  through us, our affiliates, subsidiaries, employees, agents, licensors or other
  commercial partners including, but not limited to, all services delivered to or via
  Staytus Platform, graphic design services, content creation, multilingual
  copywriting services, content hosting services, content management, content
  distribution, audience segmentation services, yield management services, data
  analytics service, data reporting services, and other services we own, provide, or
  operate.
22. Subscriber: any User whose mobile device is
  connected to a Staytus Account, whether via a mobile app or a website.
23. User: any person who has installed a Guest App onto
  his or her mobile device.
THE STAYTUS PLATFORM
1. The Staytus Platform consists of proprietary server-based
  communications systems, web applications, mobile-optimized web applications,
  downloadable mobile applications, and content management systems capable of sending
  different content simultaneously to different Subscribers at different moments in
  time based upon a set of criteria.
2. The Staytus Platform and associated technologies are owned
  by us or our affiliates. The Parties explicitly acknowledge that the web
  applications, the Guest App and the Hotelier App, along with all versions and
  branded derivatives thereof, the proprietary server back-end, the content management
  system and any associated technologies are, and shall remain, the exclusive
  intellectual property of us and/or our affiliates.
THE HOTELIER WEB
1. The Hotelier Web by Staytus is a dynamic content display
  and interaction web application software that is part of the Staytus
  Platform.
2. The Hotelier Web is available for devices running
  compatible web browsers. The Hotelier Web’s compatibility is limited to certain web
  browsers as we may determine from time to time.
3. We may publish the Hotelier Web under different names
  and/or using different brands, logos, or designs, all of which are collectively the
  “Hotelier Web” in the Agreement.
4. We will periodically at our sole discretion update the
  Hotelier Web code, content, design, and/or features as a matter of course and
  without notice.
5. We will periodically at our sole discretion send to Users
  of the Hotelier Web chat messages, Push Notifications, emails or other messages
  containing information about how to use the Hotelier Web, new features, new
  capabilities, or updates about the Staytus Platform.
6. Use of the Hotelier Web is limited to authorized
  subscribers only.
THE HOTELIER APP
1. The Hotelier App by Staytus is a dynamic content display
  and interaction application software that is part of the Staytus Platform.
2. The Hotelier App is available for mobile devices running
  compatible operating systems. The Hotelier App’s compatibility is limited to certain
  mobile operating systems as we may determine from time to time.
3. We will publish, maintain and update apps as part of the
  Staytus Platform on one or more app stores from time to time at our sole discretion,
  such as the Apple App Store and/or the Google Play Store.
4. Any app that forms part of the Staytus Platform is
  supported only if it has been downloaded from an authorized app store, is installed
  on a compatible mobile device, and such mobile device is running the original
  operating system provided by the device manufacturer (i.e., the device is not
  “jailbroken” or “rooted” or “hacked” or otherwise modified in a way that is not
  supported by the original equipment manufacturer and original operating system
  provider).
5. We may publish the Hotelier App under different names
  and/or using different brands, logos, or designs, all of which are collectively the
  “Hotelier App” in the Agreement.
6. We will periodically, at our sole discretion, update the
  Hotelier App as a matter of course and without notice.
7. We will periodically, at our sole discretion, send to Users
  of the Hotelier App chat messages, Push Notifications, emails or other messages
  containing information about how to use the Hotelier App, new features, new
  capabilities, or updates about the Staytus Platform.
8. The Hotelier App is and shall remain available for download
  free of charge to Users.
9. Use of the Hotelier App is limited to authorized
  subscribers only.
THE GUEST MOBILE SITE
1. The Guest Mobile Site is a dynamic content display and
  interaction web application that is part of a Staytus Platform.
2. The Guest Mobile Site is available for mobile devices
  running compatible web browsers. The Guest Mobile Site’s compatibility is limited to
  certain mobile web browsers as we may determine from time to time.
3. We may publish the Guest Mobile Site under the name
  “Staytus” or other names and/or using different URLs, domain names, brands, logos,
  or designs, each of which are individually and collectively referred to as the
  “Guest Mobile Site” or the “Mobile Site” in the Agreement.
4. We will periodically at, our sole discretion, update the
  Guest Mobile Site code, content, design, and/or features as a matter of course and
  without notice.
5. We will periodically at our sole discretion send to Users
  and Subscribers content, Push Notifications, emails, or other messages containing
  information about how to use the app, new features, new capabilities, or updates
  about the Staytus Platform.
6. The Guest Mobile Site is and shall remain available for
  access and use free of charge to Users.
THE GUEST APP
1. The Guest App is a dynamic content display and interaction
  application software that is part of a Staytus Platform.
2. The Guest App is available for mobile devices running
  compatible operating systems. The Guest App’s compatibility is limited to certain
  mobile operating systems as we may determine from time to time.
3. We will publish, maintain, and update apps as part of the
  Staytus Platform on one or more app stores from time to time at our sole discretion,
  such as the Apple App Store and/or the Google Play Store.
4. Any app that forms part of the Staytus Platform is
  supported only if it has been downloaded from an authorized app store, is installed
  on a compatible mobile device, and such mobile device is running the original
  operating system provided by the device manufacturer (i.e., the device is not
  “jailbroken” or “rooted” or “hacked” or otherwise modified in a way that is not
  supported by the original equipment manufacturer and original operating system
  provider).
5. We may publish the Guest App under the name “Staytus” or
  other names and/or using different brands, logos, or designs, each of which are
  individually and collectively referred to as the “Guest App” or the “Staytus App” in
  the Agreement.
6. We will periodically at our sole discretion update the
  Guest App as a matter of course and without notice.
7. We will periodically at our sole discretion send to Users
  and Subscribers content, Push Notifications, emails, or other messages containing
  information about how to use the app, new features, new capabilities, or updates
  about the Staytus Platform.
8. The Guest App is and shall remain available for download
  and use free of charge to Users.
SERVICES
1. We will, on or before the Activation Date, activate your
  Staytus Account and provide you with (a) access to your Staytus Account on the
  Hotelier Web and (b) at least one web link and/or QR code for Guest Mobile Site for
  the Property.
2. We will provide the services as defined and set forth in a
  duly executed Services Agreement between you and us.
YOUR OBLIGATIONS
1. Payment
  1. You will pay us on time, without demand, deduction
    or set-off. Invoices are due and payable immediately upon presentation and
    must be paid within 30 days following the invoice date (the “Grace Period”).
  2. You will pay our invoices via credit card or
    electronic funds transfer (“EFT”) at your expense directly to our bank
    account as specified in the invoices and in the currency in which our
    invoices are denominated. Cheques/checks are not an acceptable form of
    payment.
  3. You will pay our invoices and any additional costs
    as required to ensure that our invoiced amounts are received by us net of
    EFT fees, bank charges, tax withholdings, and any other form of offset or
    deduction.
  4. You will reimburse us for our out-of-pocket
    expenses incurred on your behalf, which include but are not limited to:
    courier, shipping, duties, bank charges on EFTs, and travel expenses for
    visits to the property that you approve in advance. We will seek your
    approval in advance if any individual item of expenditure is over 5% of the
    most recent invoice amount.
  5. All amounts in the Services Agreement are expressed
    exclusive of sales tax, VAT or its territorial equivalent, and all other
    taxes. You will pay the applicable taxes in the relevant
    jurisdiction.
  6. If neither Party raises an objection within two
    months following each invoice date, all calculations made related to such
    invoice shall be deemed to have been wholly and irrevocably accepted by both
    Parties.
2. Early and Late Payments
  1. If we do not receive payment in full for an
    invoiced amount within the Grace Period following the invoice date, you will pay a
    collections fee of 0.1% of the outstanding balance for each day starting
    from the invoice date, calculated daily, and we may at our sole discretion
    suspend delivery of services in part or in full until we receive your
    payment of the outstanding balance owed.
  2. If you fall more than 120 days in arrears on any
    payment, you will additionally pay a supplemental financing facility charge of
    0.2% of the outstanding balance for each day starting from the invoice date, calculated
    daily.
  3. Discounts, deferrals, waivers, and rebates are subject to your compliance with the Agreement, including on-time payment of invoices, and are applicable only to Terms of the Agreement which are realized in full to completion. Termination of the Agreement at any time other than the end of a complete Term will result in a reassessment of fees at full rates and the balance invoiced and payable prior to the termination date.
  4. If you question or dispute an invoice amount, you
    will pay the invoice amount in full within the Grace Period, and both
    Parties agree to expeditiously seek a resolution in good faith. If not so
    paid, the collections fee and late charge will apply irrespective of the
    dispute, unless the dispute is finally resolved in your favor.
3. General Cooperation
  1. You will actively cooperate with us to facilitate
    the success of the Staytus Platform.
  2. Each time you provide us with access to Customer
    Materials,
    1. You explicitly acknowledge that you are
      legally responsible to ensure the ownership, usage rights, and
      accuracy of all information and content included in the Customer
      Materials;
    2. You hereby grant us a worldwide,
      royalty-free, non-exclusive license to host and use the Customer
      Materials in order to provide you with the Staytus Services;
      and
    3. You hereby represent and warrant that you
      have all the rights necessary to grant us such license.
  3. You understand that the Staytus Platform is designed to operate on
    up-to-date technologies meeting at least the minimum specifications
    set by us from time to time. You will maintain the wireless and networking
    infrastructure to support the Staytus Platform throughout your Property,
    your staff at the Property will use computers, mobile devices,
    and web browsers matching at least the minimum specifications
    we provide to you, and you will inform your guests of such minimum
    requirements as appropriate to facilitate their satisfaction with the Staytus Platform.
  4. If the Agreement includes us providing content
    and/or updates to your Program on your behalf, then you will proactively
    keep us informed about the Property’s outlet offerings, timings, special
    events, and other relevant information, and you will grant us ongoing
    creative autonomy to work within your brand guidelines and the Property’s
    guidelines so that we may produce the most effective work leveraging our
    creative, analytical, and strategic expertise.
  5. In order to enable measurement of the production of
    the Services, Customer will, within less than ten (10) Calendar Days
    following each request by Staytus or automatically on a daily basis, provide
    Staytus with an electronic report from the Property’s Property Management
    System (“PMS”) containing the transaction data billed to the guest-room
    folio listed by individual transaction, including the room number, purchase
    transaction date, time, and amount (“Transaction Reports”).
  6. If advanced segmentation features are included in
    the Services, and if Customer is using the Opera PMS from Oracle, then
    Customer will install and configure Opera report-generating software
    provided by Oracle (FKT Reference: SWB, Part-No.: 5009-209) to automatically
    send demographics reports to Staytus for use in tailoring the content to
    in-house guests and for data analytics purposes to enhance the Staytus
    Platform’s effectiveness and revenue production for Customer.
  7. If the Agreement includes us providing Privileges
    in your Program on your behalf then,
    1. YOU HEREBY AUTHORIZE US TO CREATE AND
      DELIVER PRIVILEGES ON AN ONGOING BASIS ACCORDING TO OUR OWN STANDARD
      BEST PRACTICES;
    2. You will redeem all Privileges presented to
      you from or via the Staytus Platform within the limits and according
      to the parameters set forth within each respective Privilege;
    3. You will proactively support us in defining
      and regularly updating the Property’s market segmentation plan and
      Privileges for Subscribers;
    4. Your Privileges will include offers that
      are sufficiently diverse to allow segmented targeting of the offers
      to various Subscribers based upon criteria, including the outlets
      being promoted, the timings of offers, the User-selected profile and
      preferences in the Staytus Platform, and other conditions as may be
      useful to optimize the effectiveness of the Staytus Platform;
    5. You will include one or more significant
      Privileges at all times that we in our sole discretion agree will
      provide a strong incentive to participate in the Staytus
      Platform;
    6. Your Privileges will contain offers that we
      in our sole discretion agree are sufficiently unique and/or provide
      superior benefits compared to other offers available to the same
      audience during the same timeframe;
    7. YOU WILL, IN ORDER TO ENABLE US TO MEASURE
      THE TOTAL POINT-OF-SALE IMPACT OF THE STAYTUS PLATFORM ON THE
      PROPERTY’S OUTLET SALES, WITHIN NOT MORE THAN 7 CALENDAR DAYS
      FOLLOWING THE END OF EACH CALENDAR MONTH OR UPON OUR REQUEST,
      PROVIDE US WITH MONTHLY REPORTS FROM THE PROPERTY’S POINT OF SALE
      (“POS”) SOFTWARE SHOWING THE NUMBER AND VALUE OF ALL GUEST CHECKS
      WHEREIN A PRIVILEGE FROM THE GUEST APP WAS REDEEMED; AND
    8. YOU WILL, IN ORDER TO ENABLE US TO MEASURE
      THE TOTAL ON-SPEND IMPACT OF THE STAYTUS PLATFORM ON THE PROPERTY’S
      OUTLET SALES, WITHIN NOT MORE THAN 7 CALENDAR DAYS FOLLOWING THE END
      OF EACH CALENDAR MONTH OR UPON OUR REQUEST, PROVIDE US WITH MONTHLY
      REPORTS FROM THE PROPERTY’S PMS IN A MACHINE-READABLE FORMAT (FOR
      EXAMPLE, CSV FORMAT, OR VIA A DIRECT DATA FEED) OF THE PROPERTY’S
      FINANCIAL JOURNAL, INCLUDING ALL NON-ROOM PURCHASE TRANSACTIONS IN
      THE PROPERTY BY IN-HOUSE GUESTS POSTED TO THE GUEST ROOM FOLIOS
      BROKEN DOWN BY INDIVIDUAL LINE ITEM AND BY ROOM NUMBER.
  8. Our staff, agents, and/or affiliates may, from time
    to time, visit and stay at the Property with your pre-approval, whether for
    an incentive, a mystery guest experience audit, or for other business purposes.
    If you give your pre-approval for such a visit or stay, you will, at checkout, reverse
    the charges for accommodation and for the use of the outlets and services
    that fall within our remit for the Staytus Platform. Once you give approval
    and bookings are made, the Property will honor the reservations.
  9. Each Party (the “Authorizing Party”) hereby grants
    permission to the other Party to use the Authorizing Party’s name and logo
    in presentations, marketing materials, customer or supplier lists, business
    reports, products, and Web site listings of customers or suppliers, so long
    as such use is in compliance with a duly executed Services Agreement between
    the Parties. The Authorizing Party retains the right to, at any time, revoke
    such authorization for any specific usage of its name and/or logo by sending
    written notice to the other Party requiring its immediate removal when
    reasonably possible.
4. Acquiring Subscribers
  1. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE STAYTUS
    PLATFORM IS DESIGNED FOR YOU TO BUILD YOUR OWN COMMUNITY OF SUBSCRIBERS, AND
    THEREFORE THE ACQUISITION OF SUBSCRIBERS IS YOUR SOLE RESPONSIBILITY IN
    ORDER TO ENSURE THE SUCCESS OF THE STAYTUS PLATFORM FOR YOUR
    PROPERTY.
  2. You will follow our instructions for best practices
    to acquire Subscribers.
  3. You will actively promote the Staytus Platform to
    members of the Property’s local community, club members, visitors to the
    Property, pre-arrival guests, and/or in-house guests.
  4. If you wish to provide codes to specific audiences,
    you will design and implement a policy for the distribution of the codes
    exclusively to specific defined and qualified audiences only.
5. Privilege Redemption
  1. You will ensure the Property staff will honor the
    terms of any bona fide Privilege, voucher or offer for products or services
    in the Property and/or outlet(s) that is presented to your staff by any user
    via the Staytus Platform.
  2. You will ensure the Property staff will record and
    keep records of the unique transaction code for each Privilege and Bonus
    voucher reception for audit purposes.
  3. You will implement standard operating procedures
    for Property staff, and facilitate regularly updated training of Property
    staff using materials we provide, including:
    1. Management and staff responsible for the
      front office: how to invite guests to the Staytus Platform, how to
      describe the benefits to the guest, how to help guests to access the
      Guest Mobile Site and/or download the Staytus App, how to (if
      relevant) provide invitations and codes to guests, and how to answer
      guest questions.
    2. Management and staff responsible for guest
      services: how use the Staytus Platform’s features and capabilities,
      and how to encourage guests during phone enquiries to use the
      Staytus Platform.
    3. Outlet managers: how to redeem Privileges
      and how to answer guest questions.
6. Equipment and Support
  1. You will ensure the Property provides high-speed
    Wi-Fi service with unhindered Internet access free of charge for the Users
    in the reception area and all outlets participating in the Staytus Platform.
    If reasonably possible, the Property will also provide free high-speed Wi-Fi
    service with unhindered Internet access for the Guest App to communicate
    with the *.staytus.com, *.staytus.net, *.askthehotel.com, and the
    *.sweetbeam.net domains in the entire Property.
  2. If we provide Beacons to you for use at the
    Property, you will (a) place the Beacons in the location(s) we specify; (b)
    reasonably protect such Beacons from damage or theft; (c) monitor and verify
    the continuous and proper operation of the Beacons; (d) regularly replace
    the batteries in all such Beacons at the Property’s expense, as needed, to
    ensure their continuous functioning; and (e) if any such Beacon fail to
    properly operate despite having fresh batteries installed, promptly report
    such information to us and request a replacement Beacon.
  3. If the Property staff distributes Invitation Codes,
    you will print and provide Invitation Codes according to the specifications
    we provide to the Property. If you ask us to print them on your behalf, you
    will reimburse the cost we incur plus a 15% service fee.
  4. You will provide first-level support to Users on
    the property in person, by telephone, and/or via email at your sole
    discretion, based upon training materials we provide. You will log and
    notify us of any User questions or issues not addressed in such materials
    and will keep Property staff advised as we provide updates to such
    materials.
WHAT WE OWN
1. The Staytus Platform and Staytus Materials are owned by us
  or other parties who have licensed their materials or provided services to us, and
  are protected by copyright, trademark, trade secret ,and other intellectual property
  laws.
2. All Staytus trademarks and service marks, logos, slogans,
  and taglines are our property. All other trademarks, service marks, logos, slogans,
  and taglines are the property of their respective owners. Except as otherwise
  specifically provided herein, nothing should be construed as granting any license or
  right to use any trademarks, service marks, logos, slogans, or taglines owned by us
  or displayed in the Guest App, Hotelier App, or on the staytus.com website,
  askthehotel.com website, or other websites we own and/or operate without our express
  written permission or the express written permission of such third-party that may
  own the trademark, service mark, logo, slogan, or tagline.
3. You will not cause or permit anything that may damage or
  endanger our intellectual property rights or our title to them or assist or permit
  others to do so. You acknowledge that we own all rights, including intellectual
  property rights, in any newly-created deliverables developed by us during the term
  of the Agreement irrespective of your participation therein, and all components
  comprising the same except those (a) specifically identified in the Agreement as
  belonging to you or (b) previously belonging to you or a third party.
4. Subject to this MTSA, we hereby grant you a limited,
  revocable, non-transferable, and non-exclusive license to use the Staytus Materials
  through a Staytus Account to the extent, and only to the extent, necessary to access
  and use the Staytus Services in accordance with the terms of this MTSA. This license
  does not permit you, and you agree not to: store, copy, reproduce, republish,
  modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute,
  transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher
  or otherwise attempt to discover any programming code or any source code used in or
  with the Staytus Materials or otherwise distribute in any way the Staytus Materials
  other than as specifically permitted in this MTSA. You may not sell, assign,
  sublicense, grant a security interest in or otherwise attempt to transfer any right
  in the Staytus Materials, create derivative works based on or in any manner
  commercially exploit the Staytus Materials, in whole or in part, other than as
  expressly permitted in this MTSA. Any use of the Staytus Materials for any purpose
  other than as specifically permitted herein or without our prior consent or the
  prior written consent of our licensors, as applicable, is expressly prohibited. We
  reserve all rights not expressly granted in this MTSA.
CONTENT
1. We will:
  1. Adhere to your Property’s brand guidelines and your
    instructions and requirements for all Content we create and publish on your
    behalf.
  2. Immediately upon receipt of your instructions
    remove and discontinue publishing any Content we have published on your
    behalf.
2. You will not publish Content, or links to Content, that
  is:
  1. Pornographic, sexually explicit, or violent.
  2. Illegal (including stolen copyrighted material and
    material that infringes or has the potential to infringe the intellectual
    property rights of another).
  3. Reasonably likely to cause harm, or that could be
    reasonably considered as slanderous or libelous.
  4. Reasonably likely to breach the privacy rights of
    any Data Subject.
  5. Spam and/or contains unethical or unwanted
    commercial content designed to drive traffic to third-party sites or boost
    the search engine rankings of third-party sites, or to further unlawful acts
    (such as phishing), or mislead recipients as to the source of the material
    (such as spoofing).
3. We may determine in our sole discretion whether a Staytus
  Account is in violation of any of these rules. If we reasonably determine that your
  Staytus Account is being used for illegal or fraudulent activity, then such Staytus
  Account may be immediately terminated, and its data may be erased without
  compensation or refund.
DISCLAIMER OF WARRANTY
1. THE STAYTUS PLATFORM, SERVICES AND MATERIALS ARE PROVIDED
  “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND,
  EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STAYTUS
  AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
  INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
  FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE
  FOREGOING, NEITHER STAYTUS NOR ITS LICENSORS WARRANT THAT ACCESS TO THE STAYTUS
  PLATFORM, THE STAYTUS MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE
  STAYTUS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL
  BE CORRECTED; NOR DOES STAYTUS OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE
  ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE,
  SECURITY, LEGALITY, OR SUITABILITY OF THE SERVICES, THE STAYTUS MATERIALS OR THE
  STAYTUS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STAYTUS PLATFORM AND YOUR
  RELIANCE UPON THE SERVICES AND/OR THE STAYTUS MATERIALS IS AT YOUR SOLE RISK. IN
  ADDITION, STAYTUS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR
  THE DELIVERY OF ANY MESSAGES (SUCH AS PUSH NOTIFICATIONS, EXPRESSNOTES, OR
  TRANSMISSION OF ANY OTHER CONTENT) SENT THROUGH THE STAYTUS PLATFORM TO
  ANYONE.
2. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA,
  INFORMATION, CONTENT, OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH
  THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL,
  AND JUDGMENT OF TAX, FINANCIAL, LEGAL, OR OTHER PROFESSIONALS. THE SERVICES DO NOT
  PROVIDE FINANCIAL OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH
  ADVICE.
3. FURTHER, STAYTUS AND ITS LICENSORS MAKE NO REPRESENTATION
  OR WARRANTIES THAT THE SERVICES OR THE STAYTUS MATERIALS OR THE STAYTUS PLATFORM ARE
  APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE STAYTUS
  PLATFORM, THE SERVICES, OR THE STAYTUS MATERIALS, YOU ARE SOLELY RESPONSIBLE FOR
  COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION INTERNATIONAL
  COMMERCE, DUTIES, EXPORT AND IMPORT REGULATIONS. NEITHER STAYTUS NOR ANY THIRD-PARTY
  PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE STAYTUS PLATFORM, ITS SERVERS,
  THE STAYTUS MATERIALS, OR THE SERVICES OR ANY E-MAIL SENT FROM THE STAYTUS PLATFORM
  OR ANY THIRD-PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER
  HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
1. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF
  ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL,
  INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY
  PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
  ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE STAYTUS
  PLATFORM, THE SERVICES, THE STAYTUS MATERIALS, YOUR CONTENT, THE COMMERCIAL
  PRODUCTS, OR ANY THIRD-PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE
  STAYTUS PLATFORM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT
  LIABILITY, MALPRACTICE, OR OTHERWISE, EVEN IF STAYTUS HAS BEEN ADVISED OF THE
  POSSIBILITY OF SUCH DAMAGES.
2. YOU HEREBY RELEASE STAYTUS AND HOLD STAYTUS AND ITS
  PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS,
  TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY AND
  ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT
  LIMITATION, ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN AND UNKNOWN,
  SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY
  CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, APP, YOUR CONTENT, COMMERCIAL
  PRODUCTS, OR ANY THIRD-PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE
  STAYTUS PLATFORM. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING
  OR PROHIBITING A GENERAL RELEASE.
EXCLUSIVE REMEDY
1. IN THE EVENT OF ANY PROBLEM WITH THE STAYTUS PLATFORM, THE
  SERVICES, OR THE STAYTUS MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS
  TO CEASE USING THE STAYTUS PLATFORM, THE SERVICES, AND THE STAYTUS MATERIALS.
2. UNDER NO CIRCUMSTANCES SHALL STAYTUS, ITS AFFILIATES, OR
  LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE STAYTUS PLATFORM, THE SERVICES,
  THE STAYTUS MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS, OR THIRD-PARTY USER
  GENERATED CONTENT AVAILABLE ON OR THROUGH THE STAYTUS PLATFORM, INCLUDING, BUT NOT
  LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY
  RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND
  INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE STAYTUS PLATFORM, THE
  SERVICES, THE STAYTUS MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS, OR ANY
  THIRD-PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE STAYTUS
  PLATFORM.
3. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
  WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
  THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
CONFIDENTIALITY
1. The following conditions shall supplement the Agreement
  between Staytus and Customer, and shall survive the Agreement indefinitely:
  1. “Confidential Information” shall mean any
    non-public information of the other Party that is designated as
    confidential, or that the receiving Party knew or reasonably should have
    known was confidential or proprietary because it derives independent value
    from not being generally known to the public. Without limiting the
    generality of the foregoing, Customer’s Confidential Information shall
    include Customer Materials, data and information regarding Customer’s
    members, customers, sales, marketing, personnel matters, and means of doing
    business; Staytus’ Confidential Information shall include Staytus’
    proprietary methodologies, techniques, technologies, materials, and data.
    The terms and conditions of this Agreement shall be considered Customer and
    Staytus Confidential Information. Confidential Information shall not include
    any information which: (a) a Party can demonstrate was rightfully in its
    possession prior to the date of disclosure to it by the other Party; (b) at
    the time of disclosure or later or is published or becomes part of the
    public domain through no act or failure to act on the part of the Party
    receiving the Confidential Information; (c) a Party has developed
    independently without reference to any Confidential Information of the other
    Party; or (d) a Party can demonstrate came into its possession from a third
    party who had a bona fide right to make such information available.
  2. Except as provided herein, the Party receiving
    Confidential Information will not at any time use such Confidential
    Information for any purpose other than as required for the performance of
    this Agreement and will not disclose to any person, or use for its own
    benefit or the benefit of anyone, Confidential Information of the other
    Party without the prior written consent of said Party. Each Party shall
    limit disclosure of Confidential Information to its: (i) employees or agents
    who have a need to know related to the Parties’ business relationship; (ii)
    third party auditors or consultants who have a need to know in order to
    perform their respective contractual obligations for the receiving Party; or
    (iii) Customer Affiliates that have a need to know related to their business
    relationship with Customer, provided that any person to whom Confidential
    Information may be disclosed under subsections (i), (ii), or (iii), above,
    are subject to a confidentiality agreement or, in the case of a Party’s
    employees, confidentiality policies, that, in either case, protects the
    Confidential Information of the other Party in a manner that is consistent
    with the terms of this section. Upon termination of this Agreement or upon
    the request of the disclosing Party, the recipient of Confidential
    Information shall promptly deliver to the other Party or destroy any and all
    such information in its possession or under its control, and any copies made
    thereof which the recipient of said information may have made, except as the
    Parties by prior express written permission have agreed to retain. The
    Parties acknowledge that, in the case of Confidential Information
    communicated or stored electronically by the receiving Party, the receiving
    Party’s deletion of documents from its network or storage drives will not
    result in the removal of all copies of such information from the receiving
    Party’s back-up or archival systems and any such retained Confidential
    Information shall remain subject to the obligations of confidentiality
    herein. Neither the receiving Party’s retention of archival copies nor
    failure to remove copies from its back-up or archival systems will be deemed
    a breach of this Agreement. Neither Party shall be liable for disclosure of
    Confidential Information if made in response to a valid order of a court or
    authorized agency of government; provided that, if available, seven (7)
    days’ notice first be given to the other Party so a protective order, if
    appropriate, may be sought.
PRIVACY AND DATA SECURITY
1. 1. As these services involve the Processing of personal data, the Parties will comply with all applicable Data Privacy and Protection Laws.
  2. The Data Processing Addendum (“DPA”) shall apply to this engagement and forms an integral part of this Agreement. In the event of a conflict between the terms of the MTSA and the DPA, the terms of the DPA shall prevail in relation to the Processing of Personal Data.
  3. The DPA is located here.
  4. The Parties acknowledge that, if any additional measures are required to comply with applicable Data Privacy and Protection Laws, each Party shall promptly enter into any such additional measures reasonably requested.
TERMINATION/EXCLUSION
1. 1. 1. We reserve the right to cease providing Staytus Services to you and/or treat the Services Agreement as wrongfully terminated by you if: (a) You are more than 60 days in arrears on any payment due to us; or (b) A petition is presented for an administration or winding-up order against you, a receiver is appointed over any of your assets, or a resolution for your winding-up is passed; or (c) It appears to us that you are or may become unable to pay any sums due or to become due to us.
    2. Notice of Termination shall be valid only if delivered while you are fully paid up on all amounts due and all amounts that will become due up to and including the date of termination; you may not give notice to terminate the Agreement while your account is in arrears or has any balance owing.
    3. If the Agreement is terminated for cause due to breach by you or without the provision of the required written notice, in addition to other rights and remedies applicable, you will pay to Staytus administrative charges of USD 500 plus USD 10 per guest room in the Property plus USD 62 per display device we provided to you, if any.
    4. Temporary suspension and resumption of the Services in full or in part due to non-payment or late payment shall incur, in addition to other rights and remedies, administrative charges of USD 200 plus USD 5 per guest room in the Property.
    5. For the avoidance of doubt, non-renewal of the Agreement shall have the same meaning as termination of the Agreement.
    6. We reserve the right to withhold, remove and/or discard any Content available as part of your Staytus Account, with or without notice if deemed by us to be contrary to this MTSA. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content provided by you or anyone else.
AMENDMENTS
1. We reserve the right, in our sole discretion, to modify, replace, refuse access to, suspend or discontinue the Staytus Services, partially or entirely, or to add, change and modify prices for all or part of the Staytus Services for you or for all our Members at any time and at our sole discretion. Each such change shall be effective immediately, except where such change takes place prior to the end of a current valid Term of our Agreement, in which case such change shall take place immediately following the end of such Term. Any increase in the Service Fee set forth in the Agreement between you and us, if no change to the subscribed services or quantities has been agreed by both Parties, shall be limited to not more than 1% above the rate of inflation published by the U.S. Bureau of Labor Statistics.
2. We reserve the right, in our sole discretion, to modify or replace any part of this MTSA at any time, effective upon the date of the change. In the event of any such change, we will post the date of the most recent change on this web page. If you have a Services Agreement with us with an Effective Date that is prior to the date of any update to the MTSA, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed the MTSA. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this web page periodically to monitor any changes.
3. Your continued use of or access to the Staytus Services following the posting of any changes to this MTSA, unless you email us to state your objection to a specific change, constitutes your acceptance of each such amendment. Any changes to the MTSA will be subject to a grace period of 30 calendar days wherein you will have the right to the previous MTSA version at your sole discretion (your “Update Grace Period”) if you email us prior to the end of your Update Grace Period to notify us of your objection. Upon receipt of your email, we will have the right at our sole discretion to either (a) terminate the Agreement without penalty, (b) extend your Update Grace Period until the end date of the current Term of the Agreement, or (c) extend your Update Grace Period until the date of the subsequent revision to the MTSA.
4. We may also, in the future, offer new services and/or features through Staytus Platform (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this MTSA.
DISPUTES
1. If the Member Property is located within any country in the continent of either North America, South America, or
  Caribbean, then any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the State of California.
2. If the Member Property is located within the country of Australia, Indonesia, Malaysia, New Zealand, Philippines, Singapore, Thailand, or any country having a direct physical border with any of these countries, then any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Singapore International Commercial Court.
3. If the Member Property is located within the United Kingdom, any country in the European Union, or any country having a direct physical border with any of these countries, then any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the courts of England.
4. If the Member Property is located in the United Arab Emirates or in any country not included in the aforementioned lists, then any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
5. Prior to filing a claim with any court, the Parties agree to negotiate and attempt to reach an amicable settlement in good faith, and either Party may refer any matter of dispute to be finally resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted, with Geneva serving as the seat of arbitration and one arbitrator, or, at Staytus’ sole discretion, by litigation in any competent court having jurisdiction.
6. All proceedings shall be conducted in English.
OTHER
1. You acknowledge that a violation or attempted violation of any of this MTSA will cause us such damage as will be
  irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses we sustain or incur in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
2. Each Party is released from its respective obligations during an event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of one or both of us renders the performance of the Services Agreement impossible or impractical (a “Force Majeure Event”), whereupon all money due under the Services Agreement shall be paid immediately. The Party prevented from fulfilling its obligations, once aware of such event, agrees to inform the other Party of such Force Majeure Event immediately as soon as practicable. The terms of the Agreement shall be temporarily suspended for the duration of the Force Majeure Event, and shall resume upon written notice from either Party to the other after the Force Majeure Event has ended.
3. In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation
  of Staytus or the Staytus Platform, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Staytus Platform or any content used or displayed through the Staytus Platform.
MISCELLANEOUS
1. In the event of a conflict between the terms of the MTSA and the Services Agreement signed by you and us, the terms of the Services Agreement shall prevail.
2. WARRANTY
  1. Each of the Parties warrants its power to enter into the Services Agreement and has obtained all necessary
    approvals to do so.
  2. We warrant that we will provide the Staytus Services to you with high quality and according to your instructions, guidelines and requirements whenever possible and reasonable.
  3. You agree that we will not be liable for lost revenue or lost revenue opportunities, or any other financial
    outcome resulting from the delivery or non-delivery of all or any portion of the Staytus Services, except as otherwise specified within the Services Agreement.
3. If any portion of the Services Agreement, including this MTSA, is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of the Services Agreement, including this MTSA, it will not be considered a waiver.
5. Any amendment to or waiver of this MTSA must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this MTSA to anyone else without our prior written
  consent.
7. All of our rights and obligations under this MTSA are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. This MTSA does not confer any third-party beneficiary rights.
9. Notices:
  (a) Except as specified elsewhere in this Agreement, notices under this Agreement must be in writing and signed by an authorized representative of a Party to the Agreement, and are deemed given on: (i) personal delivery, (ii) when received by the addressee if sent by a recognized overnight courier with receipt request, or (iii) the first business day after sending by email, except that email will not be sufficient for notices regarding Infringement Claims, alleging breach of this Agreement by Staytus, or of Customer’s termination of this Agreement for Cause.
  (b) Signed documents must use one of the following acceptable forms of signature: (i) the original document duly signed in wet ink, (ii) a scanned copy of the original duly signed document, and (iii) an electronic signature using a recognized certificate-based signing platform.
  (c) Notices to Staytus must be provided according to the details provided here, as may be updated from time to time: (i) Most notices under our Agreement can be sent to [email protected].
  (ii) For claims of breach by Staytus, infringemenent of IP or termination for cause, notice by email is not sufficient and physical notice must be sent to: Staytus Inc, 16192 Coastal Highway, Lewes, DE 19958-3608, Attention: General Counsel.
  (iii) For reporting copyright and trademark violations, please send an email to [email protected] with the subject line “Copyright” or “Trademark” as applicable.
  (iv) For support, please send an email to [email protected]. This includes technical support, as well as pricing, billing and licensing support (including upgrades, downgrades, and renewals).
  (v) Notices to terminate the Agreement must be sent to Staytus Inc, 16192 Coastal Highway, Lewes, DE 19958-3608, or to [email protected].
  (vi) For supplier queries, please email [email protected].
  (d) Notices to Customer must be provided to the billing or technical contact provided to Staytus, which may be updated by Customer from time to time in Customer’s account portal and/or by sending the update to [email protected]. However, Staytus may provide general or operational notices via email, on its website or through the Products.
10. A printed version of this MTSA and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this MTSA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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