Terms of use

1. About these terms

These terms are an agreement between you and Explore Beyond AI, Inc., of Austin, Texas, which does business as Tripcreator AI (“Tripcreator AI”, “we”, “us”). They apply to the website at www.tripcreator.ai and to our services: the Partner Hub and the products in it, including Vista, Atlas, MarcoPolo Chat and Triage (together, the “services”).

By using the website or the services, you accept these terms. If you use them for an organisation, you confirm that you may accept these terms for it, and “you” means that organisation. If you do not accept these terms, do not use the website or the services.

If your organisation has signed an agreement with us, such as a master services agreement or an order form, that agreement governs your use of the services. Where it conflicts with these terms, the signed agreement prevails.

2. Who may use the services

The services are built for travel businesses: tour operators, travel agencies and advisors, host agencies and consortia, destination marketing organisations and event organisers (“brands”). A brand’s staff use the services through the Partner Hub.

Travellers use the services to plan their own trips, on a brand’s website or in MarcoPolo Chat. When you plan a trip on a brand’s website, the brand’s own terms and privacy notice apply as well.

You must be at least 18, or the age of majority where you live if that is higher, to create an account or use the services. You may not use the services where the law forbids it, or after we have suspended or closed your account.

3. Accounts and the Partner Hub

The Partner Hub is where a brand switches products on, sets up its planner, manages its trips, templates and hotels, and invites its team.

You are responsible for your account and for what happens under it. Keep your sign-in details secret, give access only to people who need it, and tell us at once if you think someone has used your account without permission. Your account administrators decide who on your team has access.

Give us accurate information when you sign up and keep it current. We may suspend an account to protect the services, other customers or travellers, as section 15 explains.

4. Your content and traveller data

“Your content” is what you put into the services or create with them: trips, templates, hotel lists, brand assets, settings, and the enquiries and leads your travellers send through your planner.

You own your content, and the traveller data in it belongs to your brand. You give us permission to host, copy, process and display your content only as needed to provide, secure and support the services for you, and as you instruct us.

For your travellers’ personal data, your brand is the controller and we process it on your behalf, on your instructions. You are responsible for having a lawful basis to collect it and for telling travellers how you use it, for example in your own privacy notice. Our privacy policy explains how we handle personal data: our role, what we keep and for how long, and the data processing agreement we sign with customers.

You confirm that you have the rights you need to give us your content, and that using it with the services does not break the law or anyone else’s rights.

Where you have signed a partnership agreement with us, it sets out any further rights you grant us in your content.

5. Acceptable use

Use the services lawfully and fairly. In particular, you must not:

• break the law or help anyone else break it, including laws on privacy, consumer protection, sanctions and unsolicited marketing,
• upload content you have no right to use, or content that is unlawful, hateful or misleading,
• mislead travellers about a trip, a price or who they are booking with,
• scrape, crawl or extract data from the services by automated means, except through an interface we provide for that purpose,
• copy, reverse engineer or decompile the services, or use them, their output or the catalogue to build a competing product or train a competing model,
• probe, scan or test the security of the services without our written permission (please report vulnerabilities to security@tripcreator.ai),
• introduce malware, overload the services, or get around usage limits, access controls or security measures,
• share your account, or resell or sublicense access to the services, unless we have agreed to it in writing.

We may remove content or suspend access that breaks this section.

6. AI-generated itineraries

The services use our MarcoPolo models to suggest itineraries. A suggested plan is built from a catalogue of real places. It is a suggestion, not a booking or a guarantee.

Opening hours, prices, availability, routes and travel times change, and a suggestion can be out of date or wrong. Travellers and brands should check opening hours, prices and availability with the place or the supplier before booking or travelling. We do not guarantee that any place, room, tour, service or price shown in a plan is available.

Brands are responsible for the trips, prices and descriptions they publish or send to travellers, including those made with the services. Review a generated plan before you offer it.

A plan is not travel, legal, visa, health or safety advice. Check entry requirements, health advice and travel warnings with official sources.

7. Third-party services and bookings

A booking made through a brand’s planner, an enquiry form or MarcoPolo Chat is made with the brand or with the supplier, not with Tripcreator AI, unless a signed agreement with us says otherwise. The brand’s or the supplier’s terms govern the booking, including price, payment, changes, cancellation and refunds. We are not a party to it.

The services show and link to content and services from third parties, such as hotels, tour operators, maps, photographs and calendars. Their own terms apply to them. We do not control them and are not responsible for them.

8. Intellectual property

The website and the services, including the software, the MarcoPolo models, the catalogue of places, the design, and the Tripcreator AI, MarcoPolo, Vista, Atlas and Triage names and logos, belong to Explore Beyond AI, Inc. or its licensors. All rights not expressly granted in these terms are reserved.

While you follow these terms and any signed agreement, we give you a limited, non-exclusive, non-transferable right to use the services for your business or, if you are a traveller, to plan your own trips.

You may use the itineraries and text the services generate for you in your business. The catalogue, the models and the software that produce them remain ours, and photographs and other third-party material keep their own licences.

Photographs on this website are from Unsplash, by Sander Crombach, Aayush Gupta, Dimitry B, Dan, André Lergier, Rebe Adelaida, Joseph Quam, Henrique Ferreira, Antony BEC, Taisia Karaseva, Francesco Maria Achille, Jason Hudson, Bjorn Snelders, Alp Ancel, Jorge Fernández Salas, Pere Jurado and Nirmal Rajendharkumar.

9. Feedback

If you send us ideas or suggestions about the services, we may use them without restriction and without paying you. You never have to send any.

10. Fees

Paid services are set out in an order form or, for self-serve plans such as Triage, in the plan you choose when you sign up. The order form or the plan sets the price, the billing period, any free trial and the payment terms.

Unless the order form or plan says otherwise, fees are billed in advance for each billing period and exclude taxes, which you pay except for taxes on our income. You can cancel a self-serve plan at any time in your account. The cancellation takes effect at the end of the period you have paid for, and part-periods are not refunded. If we end a paid service without cause, or the law requires a refund, we refund the fees you prepaid for the unused part of the period.

If an undisputed payment is more than 15 days late after we have told you in writing, we may suspend the paid services until it is paid. We will tell you about a price change at least 30 days before it applies to your next billing period.

11. Confidentiality

Each of us may receive information from the other that is not public, such as product plans, prices, and business or technical details. The party that receives it will keep it confidential, use it only for our relationship under these terms, and protect it with at least reasonable care.

This does not cover information that is or becomes public through no fault of the receiving party, that it already knew or developed on its own, or that it received lawfully from someone else. A party may disclose confidential information when the law requires it, after telling the other party where the law allows.

A signed confidentiality agreement between us prevails over this section.

12. Disclaimers

Except as a signed agreement expressly provides, the website and the services are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the services will be uninterrupted or error-free, or that generated plans will be accurate or complete.

We may change, add or remove features. If a change materially reduces a paid service you rely on, we will tell you in advance.

Some laws do not allow these exclusions. Where that is so, they apply only as far as the law allows.

13. Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of these terms, the website or the services, even if it was told they were possible.

To the fullest extent the law allows, each party’s total liability arising out of these terms, the website or the services is limited to the fees paid and payable for the services in the 12 months before the event that gave rise to the claim, or 100 US dollars where no fees were paid.

These limits do not apply to:

• amounts you owe us for the services,
• either party’s obligations under the Indemnity section,
• a breach of the Confidentiality section,
• infringement or misappropriation of the other party’s intellectual property,
• gross negligence, wilful misconduct or fraud, or
• any liability the law does not allow to be limited.

A signed agreement may set different limits. Where it does, those limits apply.

14. Indemnity

Our commitment. We will defend you against any third-party claim that the services, as we provide them, infringe that party’s intellectual property, and pay the damages and costs finally awarded or agreed in settlement. This does not cover claims caused by your content, by combining the services with anything we did not provide, by changes we did not make, or by use that breaks these terms. If the services are, or we think they may be, the subject of such a claim, we may change them so they no longer infringe, obtain the right for you to keep using them, or end the affected service and refund the fees you prepaid for the unused period.

Your commitment. You will defend Explore Beyond AI, Inc. and its officers, employees and agents against any third-party claim arising from your content, your collection or use of traveller data, the trips and bookings you sell, or your breach of these terms or the law, and pay the damages and costs finally awarded or agreed in settlement, including reasonable legal fees.

How claims are handled. The party claiming protection will tell the other promptly, let it control the defence and settlement, and give reasonable help at the defending party’s cost. Neither party may settle a claim in a way that admits fault for the other or binds it without its written consent. This section states each party’s whole responsibility for the claims it covers.

15. Suspension and termination

You may stop using the services at any time. Paid services end as your order form says or, for a self-serve plan, when you cancel it in your account.

We may suspend or end your access if you break these terms, if a payment is still overdue after we have told you, if your use puts the services, other customers or travellers at risk, or if the law requires it. Where it is reasonable, we will warn you first and give you a chance to fix the problem.

When your access ends, your right to use the services ends with it. We delete or return your content as your agreement and our privacy policy describe. The sections that by their nature should continue do so, including those on intellectual property, fees owed, confidentiality, disclaimers, limitation of liability, indemnity and governing law.

16. Governing law and venue

Before going to court, the party with a complaint will write to the other, and both will try in good faith to resolve it for 30 days. Either party may still ask a court for urgent relief to protect its intellectual property or confidential information.

These terms are governed by the laws of the State of Texas and the federal laws of the United States that apply there, without regard to conflict-of-law rules. The state and federal courts located in Travis County, Texas, have exclusive jurisdiction over any dispute arising out of these terms, the website or the services, and you and we consent to their jurisdiction.

If you are a consumer, the law where you live may give you rights that these terms cannot take away, including the right to bring proceedings in your local courts. Nothing in these terms affects those rights.

17. Changes to these terms

We may update these terms. We will post the new version on this page with a new “last updated” date and, for material changes, tell account administrators by email before the changes take effect. If you keep using the services after that, you accept the new terms. A signed agreement changes only in writing, signed by both parties.

18. General

These terms, together with any signed agreement, order form or data processing agreement and our privacy policy, are the whole agreement between us about the services. If a court finds part of these terms unenforceable, the rest still applies. If we do not enforce a right, we have not waived it. You may not transfer these terms without our consent. We may transfer them to an affiliate or to a successor in a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.

19. Contact

Explore Beyond AI, Inc., doing business as Tripcreator AI, Austin, Texas.
Questions about these terms: legal@tripcreator.ai. For anything else, use the contact form.