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Terms of Service

The contractual terms that govern access to and use of MyaGuide.

Effective Date
1 June 2026
Last Updated
12 August 2026

MyaGuide Terms of Service

Document: Terms of Service

Version: 1.2

Effective Date: 1 June 2026

Last Updated: 12 August 2026

Governing entity: Van Riemsdijk & Karman S.L. (trading as MyaGuide)

1. Introduction and Acceptance

1.1. These Terms of Service (the "Terms") constitute a binding agreement between Van Riemsdijk & Karman S.L. (trading as MyaGuide) ("MyaGuide," "Company," "we," "us," or "our"), and the individual or legal entity that registers for, accesses, or uses the Service ("Customer," "you," or "your").

1.2. By creating an account, executing an Order Form, clicking to accept these Terms, or accessing or using the Service, you confirm that you have the authority to bind the Customer to these Terms and that you accept these Terms on the Customer's behalf.

1.3. These Terms incorporate by reference the following documents, each of which forms part of the Agreement (together, the "Agreement"):

(a) the Privacy Policy;

(b) the Cookie Policy;

(c) the Acceptable Use Policy ("AUP");

(d) the AI Transparency & Limitations Policy ("AI Policy");

(e) the Data Processing Addendum ("DPA"), where applicable;

(f) the Security Policy; and

(g) the Support & Service Policy.

In the event of a direct conflict between the body of these Terms and any document listed in Section 1.3, these Terms prevail, except that the DPA prevails over these Terms with respect to the Processing of Personal Data.

1.4. If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

For the purposes of the Agreement, the following terms have the meanings set out below. Capitalized terms used but not defined in a particular document have the meaning given to them in these Terms.

  • "Account" means the Customer's registered account on the Platform.
  • "Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.
  • "AI Concierge" or "Mya" means the artificial-intelligence-driven conversational feature provided as part of the Service that formulates responses to End User queries in accordance with the AI Policy.
  • "Approved Property Guide" or "Guide" means the property-specific content (house rules, check-in instructions, local recommendations, PIN-protected information, and other content) created, curated, and maintained by the Customer within the Platform.
  • "Customer Content" means all content, data, and information that Customer or its authorized users upload, input, or otherwise submit to the Platform, including the Approved Property Guide.
  • "Data Protection Laws" means all applicable laws and regulations relating to the processing of Personal Data and privacy, including the GDPR, applicable Spanish implementing legislation (including Ley Orgánica 3/2018), and any other mandatory data protection law that applies to the relevant processing, as further described in the DPA.
  • "Digital Guest Guide" means the guest-facing digital presentation of a Property's Approved Property Guide, made available to End Users via the Platform.
  • "End User" or "Guest" means a guest, traveler, or other individual who accesses a Digital Guest Guide or interacts with Mya in connection with a stay at a Property.
  • "Fees" means the subscription fees and any other charges payable by Customer under the Agreement.
  • "Order Form" means an order, checkout flow, or other ordering document referencing these Terms and specifying the Service, Subscription Term, and Fees.
  • "Personal Data" has the meaning given in the Privacy Policy and applicable Data Protection Laws.
  • "Platform" or "Service" means MyaGuide's software-as-a-service hospitality platform, including the AI Concierge, Digital Guest Guide functionality, multilingual guest communication, analytics, agency management features, and related services made available by the Company.
  • "Property" means a property, unit, or accommodation that Customer manages or operates and registers on the Platform.
  • "Subscription Term" means the annual period during which Customer has a paid, active subscription to the Service, as further described in Section 5.
  • "Trusted Live Source" means a third-party data provider (such as Google Places, and, in future, TripAdvisor or other comparable providers) from which the Platform retrieves verifiable, current factual information, as further described in the AI Policy.

3. The Service

3.1. Description. The Service is an AI-powered hospitality platform that enables Customer to create and maintain Digital Guest Guides, communicate with End Users in multiple languages, provide property information and local recommendations through Mya, manage check-in guidance and house rules, store PIN-protected guest information, and access analytics and agency management tools.

3.2. Product architecture. The Service is built on a defined hierarchy of information sources, which Customer acknowledges and accepts as a condition of using the Service:

(a) First — the Approved Property Guide. Content that Customer enters into the Approved Property Guide is treated as the authoritative source for property-specific information. Customer is solely responsible for the accuracy, completeness, and lawfulness of the Approved Property Guide.

(b) Second — Trusted Live Sources. Where a query from an End User cannot be answered from the Approved Property Guide, the Platform may retrieve current factual information from Trusted Live Sources (such as opening hours, ratings, or location data for nearby businesses).

(c) Third — the AI Concierge. Mya is a natural-language interface. Mya does not generate, infer, or invent factual recommendations and is not itself a source of factual information. Mya's function is limited to formulating, translating, and presenting information drawn from the Approved Property Guide or from Trusted Live Sources. Where neither source provides a verifiable answer, Mya is designed to state that the information cannot be verified rather than to generate a speculative answer.

This architecture, its limitations, and Customer's responsibilities in connection with it are described in full in the AI Policy, which Customer should read before relying on the Service for guest-facing communication.

3.3. Monthly AI content refresh. The Company will periodically refresh AI-formulated content associated with a Property, at the cadence described in the Support & Service Policy, to reflect updated information from the Approved Property Guide and Trusted Live Sources.

3.4. Modifications to the Service. The Company may modify, update, or discontinue features of the Service from time to time. The Company will use reasonable efforts to provide advance notice of any change that materially reduces the core functionality of the Service for which Customer is paying Fees.

4. Account Registration and Customer Responsibilities

4.1. Customer must provide accurate, current, and complete information when registering for the Service and must keep such information up to date.

4.2. Customer is responsible for maintaining the confidentiality of Account credentials and for all activity that occurs under its Account, except to the extent caused by the Company's breach of the Agreement.

4.3. Customer is solely responsible for:

(a) the accuracy and lawfulness of the Approved Property Guide and all other Customer Content;

(b) obtaining any consents required from End Users in connection with the collection or processing of End User data through the Platform, including PIN-protected information;

(c) ensuring that house rules, check-in guidance, and other guest-facing content comply with applicable law; and

(d) promptly updating the Approved Property Guide when underlying facts change.

4.4. Customer must notify the Company promptly of any unauthorized use of its Account or any other security incident involving the Platform of which it becomes aware.

4.5. Agencies and property managers. Where Customer uses the Service as an agency, property manager, or similar intermediary on behalf of one or more property owners who are not themselves party to the Agreement, Customer represents and warrants that it has the necessary authority and rights from each such owner to register the relevant Property, to enter Guide content on the owner's behalf, and to authorize the Company's processing of related data as described in the DPA. The Company's relationship is with Customer only; the Company has no direct contractual relationship with, and no obligation toward, the underlying property owner unless that owner separately enters into an Order Form with the Company.

5. Subscription, Fees, and Payment

5.1. Subscription model. The Service is offered on an annual subscription basis. Fees are paid in advance for the Subscription Term.

5.2. Automatic renewal. Each Subscription Term renews automatically for successive annual periods unless Customer cancels in accordance with Section 5.3.

5.3. Cancellation. Customer may cancel auto-renewal by providing notice at least one (1) month before the end of the then-current Subscription Term. Cancellation notice may be given through the Account settings or by written notice to the Company's legal email address set out in Section 16. If Customer cancels after the renewal has taken effect, no partial refund is owed for the remainder of the renewed Subscription Term, and the subscription will remain active, and Fees for that term remain payable, until the end of the then-current paid Subscription Term.

5.4. Renewal reminder. The Company will send Customer a renewal reminder email in advance of each automatic renewal date.

5.5. Fees and invoicing. Fees are set out in the applicable Order Form or the Company's then-current published pricing. Invoices are issued electronically. Prices are generally displayed exclusive of value-added tax ("VAT") or other applicable indirect taxes; where applicable consumer protection law requires tax-inclusive pricing to be displayed to a particular Customer, the Company will display the price inclusive of the applicable tax to that Customer.

5.6. Payment processing. Payments are processed through Stripe, Inc. and its applicable affiliates ("Stripe"). Customer's use of Stripe's payment services is subject to Stripe's own terms. The Company does not store full payment card details.

5.7. Late payment. Without prejudice to any other right or remedy, the Company may suspend access to the Service if Fees are not paid when due and remain unpaid after written notice and a reasonable opportunity to cure.

5.8. Taxes. Fees are exclusive of all taxes, levies, or duties unless stated otherwise, and Customer is responsible for all such amounts associated with its purchase, excluding taxes based on the Company's net income. Where Customer is a business established in the European Union and Fees are subject to a reverse-charge mechanism, Customer is responsible for providing the Company with a valid VAT identification number and for accounting for any VAT due under that mechanism in its own jurisdiction.

6. Intellectual Property

6.1. Platform intellectual property. The Platform, the Service, and all related software, technology, and documentation are protected by applicable intellectual property laws. No rights are granted to Customer other than the limited right to access and use the Service as set out in these Terms.

6.2. Customer Content. Customer retains all right, title, and interest in Customer Content. Customer grants the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, translate, and display Customer Content solely to provide, maintain, and improve the Service, including formulating Mya's responses.

6.3. Feedback. If Customer provides feedback or suggestions about the Service, the Company may use such feedback without restriction or obligation to Customer.

6.4. Trademarks. "MyaGuide" and associated logos are protected trademarks. Customer may not use these trademarks without prior written consent, except as reasonably necessary to identify that Customer uses the Service.

7. Confidentiality

7.1. Each party may disclose to the other party non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information").

7.2. The receiving party will use the same degree of care it uses to protect its own confidential information of similar nature (and no less than reasonable care) and will not disclose Confidential Information except to personnel and contractors with a need to know, or as required by law.

7.3. This Section 7 does not apply to information that is or becomes public other than through breach of the Agreement, was rightfully known to the receiving party before disclosure, or is independently developed without use of the disclosing party's Confidential Information.

8. Data Protection

8.1. Each party will comply with applicable Data Protection Laws in connection with its processing of Personal Data under the Agreement.

8.2. To the extent the Company processes Personal Data on Customer's behalf as a processor, the terms of the DPA apply and are incorporated into the Agreement.

8.3. Further detail regarding the Company's processing of Personal Data, including data subject rights, retention, and international transfers, is set out in the Privacy Policy and the DPA.

9. AI Principles

9.1. Customer acknowledges that Mya is a natural-language formulation layer, not an independent source of factual information, and that the Service is designed so that Mya does not invent factual recommendations.

9.2. Mya does not provide legal, medical, or financial advice, and any general information Mya provides on such topics must not be relied upon as professional advice.

9.3. Customer is responsible for the accuracy of the Approved Property Guide. Where Trusted Live Sources provide information that later proves inaccurate or has changed, the Company is not responsible for that third-party information, but will design the Service to clearly attribute such information to its source.

9.4. The full set of AI-related commitments, limitations, and transparency disclosures applicable to the Service is set out in the AI Policy, which is incorporated into the Agreement.

10. Acceptable Use

10.1. Customer must comply, and must ensure that its authorized users comply, with the AUP. The AUP sets out prohibited activities including, without limitation, prompt injection, reverse engineering, unauthorized scraping or automated extraction, unauthorized security testing, credential attacks, spam, illegal activity, attempts to access another customer's data, misuse of APIs, malicious automation, and copyright infringement.

10.2. The Company may suspend or terminate access to the Service immediately upon a material violation of the AUP.

11. Term, Suspension, and Termination

11.1. Term. The Agreement commences on the date Customer first accepts these Terms and continues for the Subscription Term, renewing as set out in Section 5.

11.2. Termination for cause. Either party may terminate the Agreement if the other party materially breaches the Agreement and fails to cure such breach within thirty (30) days of written notice.

11.3. Suspension. The Company may suspend Customer's access to the Service, in whole or in part, where reasonably necessary to (a) prevent harm to the Platform, other customers, or third parties; (b) comply with applicable law; or (c) address a violation of the AUP or non-payment of Fees, in each case using reasonable efforts to provide advance notice where practicable.

11.4. Effect of termination. Upon termination or expiry of the Agreement, Customer's right to access the Service ceases. Sections of the Agreement that by their nature should survive termination (including Sections 6, 7, 9 (to the extent of historical processing), 12, 13, 14, and 16) survive.

11.5. Data on termination. The Company's handling of Customer Content following termination is described in the DPA and the Privacy Policy.

12. Disclaimers

12.1. EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2. The Company does not warrant that information provided by Mya, including information sourced from Trusted Live Sources, will be uninterrupted, error-free, or that all third-party information will remain accurate following retrieval, given that such information may change without notice at its source.

12.3. Nothing in this Section 12 limits or excludes any warranty, right, or remedy that cannot lawfully be limited or excluded, including mandatory statutory rights available to consumers under applicable law.

13. Limitation of Liability

13.1. Exclusion of indirect damages. To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, arising out of or related to the Agreement, even if advised of the possibility of such damages.

13.2. Liability cap. To the maximum extent permitted by applicable law, each party's aggregate liability arising out of or related to the Agreement will not exceed the total Fees paid or payable by Customer to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.

13.3. Exceptions. The limitations in this Section 13 do not apply to: (a) a party's indemnification obligations under Section 14 or set out in an Order Form; (b) a party's breach of Section 7 (Confidentiality); (c) Customer's breach of the AUP or of intellectual property rights relating to the Platform; or (d) liability that cannot be limited or excluded under applicable law (including, where applicable, liability for death or personal injury caused by negligence, or fraud).

13.4. Consumer rights preserved. Where Customer is acting as a consumer under applicable mandatory law, nothing in the Agreement limits any statutory right that cannot lawfully be limited, and this Section 13 applies only to the extent permitted by such law.

14. Indemnification

14.1. By Customer. Customer will indemnify and hold the Company harmless from third-party claims, damages, and reasonable costs arising out of (a) Customer Content, including the accuracy of the Approved Property Guide; (b) Customer's violation of the AUP; or (c) Customer's violation of applicable law in its use of the Service.

14.2. By Company. The Company will indemnify and hold Customer harmless from third-party claims, damages, and reasonable costs arising out of an allegation that the Platform, as provided by the Company and used in accordance with the Agreement, infringes that third party's intellectual property rights, except to the extent the claim arises from (a) Customer Content; (b) modification of the Platform not made or authorized by the Company; (c) use of the Platform in combination with materials not provided by the Company, where the claim would not have arisen but for that combination; or (d) information obtained from a Trusted Live Source. If the Platform becomes, or in the Company's reasonable opinion is likely to become, the subject of such a claim, the Company may, at its own expense and option, (i) procure for Customer the right to continue using the Platform, (ii) modify the Platform to avoid the infringement without materially reducing its functionality, or (iii) terminate the affected part of the Agreement and refund any prepaid, unused Fees for the terminated portion. This Section 14.2 states the Company's entire liability, and Customer's exclusive remedy, for third-party intellectual property infringement claims relating to the Platform.

15. General Provisions

15.1. Governing law. The Agreement is governed by the laws of Spain, without regard to conflict-of-laws principles, except that mandatory consumer protection law of Customer's country of residence will apply where Customer is a consumer and such law cannot be derogated from by agreement.

15.2. Jurisdiction. Subject to Section 15.1, the parties submit to the jurisdiction of the competent courts of Spain for any dispute arising out of or in connection with the Agreement, except where mandatory law grants a consumer the right to bring proceedings in another jurisdiction.

15.3. Binding language. The Agreement is drafted in English, which is the legally binding version. Any translation of the Agreement into Dutch, Spanish, or any other language is provided for informational purposes only and does not supersede the English version. In the event of a discrepancy, the English version prevails.

15.4. International scope. Where mandatory local consumer protection law applicable to Customer overrides any provision of the Agreement, that mandatory law prevails to the extent of the conflict, and the remainder of the Agreement remains in effect.

15.5. Assignment. Customer may not assign the Agreement without the Company's prior written consent, except to a successor in a merger, acquisition, or sale of substantially all assets. The Company may assign the Agreement in connection with a similar transaction.

15.6. Force majeure. Neither party is liable for delay or failure to perform resulting from causes beyond its reasonable control.

15.7. Severability. If any provision of the Agreement is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the parties' original intent.

15.8. No waiver. Failure to enforce any provision of the Agreement is not a waiver of that or any other provision.

15.9. Entire agreement. The Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements with respect to that subject matter.

15.10. Changes to these Terms. The Company may update these Terms from time to time. Material changes will be notified to Customer by email or in-Account notice at least thirty (30) days before taking effect, except where a shorter period is required to comply with applicable law or to address a security risk. Continued use of the Service after the effective date of an update constitutes acceptance.

15.11. Sanctions and export control. Customer represents that it is not, and is not owned or controlled by, a person or entity that is subject to applicable trade sanctions or export control restrictions, and that it will not use the Service in violation of such laws, including by making the Service available to a sanctioned person or in a sanctioned jurisdiction.

16. Contact and Notices

16.1. Notices to the Company under the Agreement must be sent to:

Van Riemsdijk & Karman S.L. (trading as MyaGuide)

MyaGuide is a trading name of Van Riemsdijk & Karman S.L.
Established in Jávea/Xàbia, Spain
NIF/VAT: ESB21983580
Email: mya@myaguide.com

Legal email: mya@myaguide.com

16.2. Notices to Customer under the Agreement may be given by email to the address associated with the Account, or by an in-Account notice, and are deemed received on the date sent or posted, unless the Company has reason to believe the notice did not reach Customer.