By using our websites voyageport.com and mytrip.ai and any related software or API services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website and services. If you register with our website or buy any product or service from our website, we will ask you to expressly agree to these terms and conditions.
- Customers and Authorized Users. These Terms of Service apply to both Customers and Authorized Users, as applicable and as defined below.
1.1. The term “Customer” refers to you or the entity that you represent in accepting these Terms of Service and creating an account on the Service. If you create an account but are not formally associated with an organization, or lack the necessary organizational authority to accept the Terms of Service on behalf of such organization, then you as an individual are considered the Customer.
1.2. The term “Authorized User” refers to a person who has been invited to participate in a Customer’s account by either the Customer or an individual with administrative access to a Customer’s account.
Acceptance of Terms
- When you create an account to access the Service or enter into an agreement to purchase a Subscription (as defined below), you are indicating your acceptance of these Terms as a Customer, whether as an individual or on behalf of an organization. Similarly, when you accept an invitation to join a team or organization account created by a Customer or otherwise agree to these Terms, you are indicating your acceptance of these Terms as an Authorized User on a Customer’s Subscription. By accepting these Terms, you represent and warrant that (1) you have read, understood, and agreed to be bound by these Terms, (2) you are at least 13 years old, and (3) you have the necessary authority to enter into the Terms (on your own behalf or, if applicable, on behalf of the organization you represent). If you do not agree to be bound by these Terms, you may not access or use the Service. Please note that the Service is not intended for use by individuals under the age of 16, and if you are younger than 16, you may not use the Service.
- Changes to Terms. We may occasionally revise these Terms. If we make any changes to these Terms, we will notify you by posting the revised Terms on the Service and updating the “Last Updated” date below. If we make any material changes to these Terms, we will also send an email to the email address you provided to us. For existing Customers and Authorized Users, any changes to these Terms will become effective thirty calendar days following the notification of such change. For new Customers and Authorized Users entering into these Terms after the new “Last Updated” date, these changes will be effective immediately. If you continue to use the Service following such changes, it will indicate your acknowledgment of such changes and your agreement to be bound by the updated version of these Terms.
- Access to Service
4.1. Subscriptions. You may purchase a subscription to access and use the Service by completing the web form available at www.writer.com, subject to these Terms (a “Subscription”). During the term of a Subscription, you will have non-exclusive access to the Service. You may use the Service solely for your own internal business purposes and not for re-sale or distribution.
4.2. Free and Trial Access. We may, in our sole discretion, offer you the ability to access and use the Service without payment, subject to these Terms (an “Unpaid Subscription”). We may terminate any Unpaid Subscription at any time, in our sole discretion, without liability to you.
5.1. Payment Terms. Company will bill Customer in advance for use of the Service in the amount and on the frequency indicated in the Subscription. The Customer agrees to pay all applicable fees in accordance with the Subscription selected, and to maintain valid and up-to-date payment information on file with Company. All payments due are in U.S. dollars.
5.2. Non-Refundable. All prepaid amounts are non-refundable.
5.3. Late Payments. If Customer fails to pay any fees when due, Company may, without limiting its other rights and remedies, suspend or downgrade Customer’s account and access to the Service. Customer will pay all reasonable expenses incurred by Company in collecting late payments, including attorneys’ fees.
5.4. Taxes. Customer is responsible for all taxes associated with its use of the Service, except for taxes based on Company’s net income. If Company is required to collect or pay any taxes, Customer will reimburse Company for such taxes.
5.5. Changes to Fees. Company may change the fees charged for the Service by providing Customer with at least thirty calendar days’ notice prior to the beginning of the billing cycle in which such change will take effect.
- Intellectual Property Rights & Restrictions.
Company owns all intellectual property rights in the Service, including any derivatives, changes, and improvements made to it, and the Customer and each Authorized User agrees that they do not obtain any intellectual property rights or licenses by these Terms, except those explicitly granted herein. The Customer and each Authorized User agree that they shall (i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service; (ii) not claim any proprietary interest in the Service; (iii) not contest or infringe Company’s intellectual property rights directly or indirectly; and (iv) not use the name, trademarks, trade-names, or logos of Company, except as permitted in these Terms.
7.1. Ownership. The Customer shall remain the sole owner of all data, information, files, or other materials and content that they make available to the Company for utilizing the Service (“Customer Content”). The Customer shall retain all intellectual property rights in the Customer Content. The Company does not screen Customer Content, is not responsible for storing or maintaining backups of any Customer Content, and is not responsible for the content of or any use by the Customer of the Customer Content.
7.2. Warranties and Covenants. By providing or otherwise making Customer Content available to the Company, the Customer warrants and represents that: (i) the copying, uploading, and use of the Customer Content does not infringe upon any third party’s proprietary rights, including intellectual property rights; (ii) the Customer has fully complied with any third-party licenses, permits, and authorizations required in connection with such Customer Content; (iii) the Customer Content does not contain any viruses, worms, Trojan horses, or other harmful or destructive code or content; and (iv) the Customer Content is not obscene or libelous, does not violate the right of privacy or publicity of any third party or is not otherwise illegal. The Customer shall provide its end-users with any notice and obtain any consent from end-users as required by applicable laws and regulations in connection with the collection, use, and disclosure of any Customer Content to the Company via the Service.
7.3. License to Company. The Customer hereby grants the Company a worldwide, non-exclusive, royalty-free, license to use, copy, reproduce, distribute, prepare derivative works of, display, and perform any and all Customer Content, solely to the extent required to perform the Service. The above license granted by the Customer shall terminate upon removal or deletion of the Customer Content from the Service or the termination of these Terms.
7.4. Unpaid Subscription Anonymized Data. The Company may anonymize Customer Content from Unpaid Subscriptions (as so anonymized, “Unpaid Subscription Anonymized Data”) for the purpose of analyzing and improving the Service, including the algorithms underlying the Service. The Customer hereby grants the Company a worldwide, non-exclusive, royalty-free, license to use, copy, reproduce, distribute, prepare derivative works of, display, and perform any and all Unpaid Subscription Anonymized Data for any such purpose, including incorporation of insights derived therefrom into its products and services, provided that no such use of the Unpaid Subscription Anonymized Data identifies the Customer or any of its Authorized Users in any manner.
7.5. Platform Data. The Company may collect statistical data and performance information, analytics, meta-data, or similar information, generated through instrumentation and logging systems, regarding the operation of the Service, including the Customer’s use of the Service (the “Platform Data”). Nothing in this Agreement shall restrict the Company’s right to collect Platform Data or to use it for any internal business purpose, provided however, that (i) Platform Data will not include any Customer Content, and (ii) the Company will not disclose Platform Data to any third party in a manner that allows such third party to identify the Customer, other than the Company’s employees, agents, or service providers who are subject to obligations of confidentiality with respect to such Platform Data.
7.6. EU Privacy Laws. The Customer agrees not to transfer any Customer Data that contains personal data of a person subject to the European Union General Data Protection Regulation to the Company without first entering into a mutually agreeable data processing agreement with the Company.
8.1. Nondisclosure. Each party (the “Receiving Party”) agrees to use and reproduce the confidential information of the other party (the “Disclosing Party”) solely for the purpose of fulfilling its obligations and exercising its rights under these Terms. The Receiving Party will limit the disclosure of such confidential information to its employees, consultants, or advisors who have a need to know such information and are bound by confidentiality obligations that are at least as protective as those set forth in these Terms. The Receiving Party shall not disclose any confidential information to any third party without the prior written consent of the Disclosing Party. The Receiving Party shall use the same degree of care to protect the confidentiality of the Disclosing Party’s confidential information as it uses to protect its own confidential information. However, it will not be considered a breach of these Terms if the Receiving Party discloses confidential information as required by law, judicial or governmental investigations or proceedings, provided that the Receiving Party has provided prior written notice to the Disclosing Party and reasonable assistance to limit or object to such disclosure. “Confidential Information” means all information disclosed by one party to the other party, whether in writing, orally or by any other means, that is designated as confidential or that a reasonable person should understand as confidential based on the nature of the information and the circumstances of disclosure, including, but not limited to, pricing and any special terms offered by Company to Customer.
8.2. Exceptions. Notwithstanding the above provisions, neither party shall be liable for disclosing information that can be proven to: (i) have been publicly known at the time of disclosure or have become publicly known through no fault of the Receiving Party; (ii) have been known by the Receiving Party without restriction at the time of disclosure, as evidenced by documents in existence at the time of disclosure; (iii) be disclosed with the prior written consent of the Disclosing Party; (iv) have been independently developed by the Receiving Party without using the Disclosing Party’s confidential information, as evidenced by documents created at the time of such independent development; (v) have been obtained by the Receiving Party from a third party without restriction, provided that the third party did not breach any confidentiality obligations; or (vi) have been disclosed generally by the Disclosing Party to third parties without similar confidentiality obligations.
- Representations and Warranties.
9.1. Warranties. Each party represents and warrants that these Terms constitute a legal, valid, and binding agreement, enforceable against it in accordance with its terms, and that its execution and performance of these Terms do not violate any applicable laws, rules, or regulations. Customer and each Authorized User further represent and warrant that any Customer Content provided to Company does not infringe upon any third-party proprietary rights, including intellectual property rights.
9.2. Accuracy and Precision. The domains of technology, artificial intelligence and machine learning are experiencing rapid progress and development. Our continuous efforts focus on enhancing our Services to increase their precision, dependability, security, and usefulness. However, due to the inherently uncertain nature of machine learning, employing our Services might occasionally yield inaccurate Output that does not accurately represent actual individuals, locations, or facts. It is essential for you to assess the correctness of any Output, taking into account your specific use case, which should involve incorporating human evaluation of the Output.
9.3. Disclaimer of Warranties. THE SERVICE IS PROVIDED TO CUSTOMER ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, WHETHER ALLEGED TO ARISE BY LAW, USAGE IN TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR BUSINESS RESULTS THROUGH THE USE OF THE SERVICE.
10.1. Indemnity. Customer agrees to defend, indemnify, and hold harmless Company and its officers, directors, consultants, employees, successors, and permitted assigns from and against any and all Claims arising from (a) the use or display of any Customer Content; or (b) Customer’s breach of its obligations or inaccuracy of its warranties hereunder, including all costs and expenses (including reasonable attorneys’ fees) incurred in connection with such Claims.
10.2. Indemnification Process. The indemnified party shall promptly notify the indemnifying party in writing of any Claim for which it seeks indemnification, provided that failure to provide such notice shall not relieve the indemnifying party of its obligations hereunder, except to the extent that the indemnifying party is actually prejudiced by such failure. The indemnifying party shall have the right, at its sole expense, to assume the defense of any such Claim, provided that the indemnified party may participate in such defense at its own expense. The indemnified party shall provide reasonable cooperation to the indemnifying party in connection with such defense. The indemnifying party shall not settle any Claim without the indemnified party’s prior written consent, not to be unreasonably withheld or delayed, unless such settlement provides for a complete and unconditional release of the indemnified party from all liability with respect to such Claim.
- Limitation of Liability:
We want to make sure that you are aware that we are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages resulting from your use of our Service, including lost profits, loss of use, loss of data, or the cost of procurement of substitute goods or services. Our maximum aggregate liability under these Terms or the Service will not exceed the total amount of fees paid by you to us during the twelve months preceding the date the liability first arises.
We do not warrant, represent or guarantee:
- the accuracy of the information published on this website;
- the completeness of the information published on this website, API, or any other content;
- that the information published on this website, API, or software is up-to-date;
- or the information on the website, API, or software can be applied to achieve any particular result.
To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this website and the use of this website, API, or software (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
- Taxes; Costs:
You are responsible for paying any taxes resulting from your use of the Service. If any taxes are required to be withheld, you shall pay us an amount such that the net amount payable to us after withholding of taxes equals the amount that would have been otherwise payable under these Terms. Each party shall bear its own costs and expenses incurred in rendering performance of these Terms.
- Term; Termination:
These Terms shall remain in effect until terminated as provided herein. Either party may terminate these Terms if the other party breaches a material provision of these Terms and fails to cure the breach within 30 days after being given written notice thereof, or if the other party is judged bankrupt or insolvent. An Authorized User may terminate these Terms at any time upon notice to us. A Customer may terminate these Terms effective upon the end or renewal date of a Subscription, but in no event will receive a refund of pre-paid fees or be relieved of any obligation to pay fees for a Subscription. Upon termination or expiration of these Terms for any reason whatsoever, you will immediately cease use of the Service and return to us all of our Confidential Information then in your possession. Certain sections, including but not limited to, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall survive any expiration or termination of these Terms.
14.1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws principles. Any dispute arising from or related to these Terms shall be exclusively resolved by arbitration as detailed in 15.
14.2. Assignment. Neither party may assign or transfer its rights or obligations under these Terms to a third party without the prior written consent of the other party, except for assignments to affiliated companies or in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets or voting securities. Any attempted assignment in contravention of this provision will be null and void. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
14.3. Notices. All notices and other communications between the parties shall be in writing and shall be deemed to have been duly given when sent by email to the addresses provided by each party.
14.4. Relationship of Parties. The parties are independent contractors, and nothing contained in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
14.5. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the parties.
14.6. Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms if the failure or delay is caused by events beyond its reasonable control, such as natural disasters, wars, or governmental actions.
14.7. Publicity. Either party may issue publicity or marketing communications concerning its involvement with the other party, subject to the prior written approval of the other party, which shall not be unreasonably withheld or delayed. Customer hereby consents to the display by Company of its name and logo on Company’s website and in marketing materials, subject to Customer’s right to revoke such consent upon written notice to Company.
14.8. Exclusions. These Terms constitute the entire agreement between the parties concerning the subject matter herein and supersede all prior or contemporaneous agreements or understandings, whether written or oral, relating to such subject matter.
15.1 Agreement to Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such a solution within a period of sixty (60) days, then, upon notice by either Party to the other, any such dispute, claim, question, or disagreement shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, as amended by this Agreement, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
15.2 Arbitration Procedures. The arbitration shall be conducted in the State of Missouri, USA, and the governing law shall be the substantive law of the State of Missouri, without regard to its conflict of laws principles. The arbitration proceedings shall be conducted in the English language. The arbitrator shall be a single, neutral arbitrator jointly selected by the Parties, or, if the Parties cannot agree on the selection of an arbitrator within thirty (30) days of either Party’s request for arbitration, the arbitrator shall be selected by the AAA. The arbitrator shall issue a written decision setting forth the essential findings and conclusions upon which the award is based. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction. However, either Party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive, or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved.
15.3 Confidentiality. All arbitration proceedings, including but not limited to, any documents, materials, or information exchanged during the arbitration process, shall be confidential, and the Parties shall maintain the confidentiality thereof and not disclose the same to any third party, except as may be required by law, regulation, or court order.
15.4 Costs of Arbitration. The Parties shall each bear their own costs and expenses related to the arbitration, including their respective attorneys’ fees. The arbitrator’s fees and expenses, as well as any other costs associated with the arbitration, shall be shared equally by the Parties, unless the arbitrator’s award provides otherwise.
15.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims or disputes arising under or in connection with this Agreement, whether based in contract, tort, statute, or otherwise.
‘THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.’