Terms of Service

Last updated: July 05, 2024

These Terms of Service ("Terms") govern your access to and use of the services, including any associated software applications and websites, offered by Tour Pitch ("we", "us", "our"). Collectively referred to as the "Services", these provisions form a binding agreement between you and Tour Pitch, a company operating as a B2B digital marketplace for the tourism sector.

This agreement encompasses the Service Terms along with critical conditions for dispute resolution through arbitration. By utilizing the Services, you consent to be bound by these Terms.

Furthermore, our Privacy Policy outlines our practices regarding the collection and use of personal information. While it is not incorporated into these Terms, it remains a vital document that you are encouraged to review for a comprehensive understanding of our data handling practices.

About Tour Pitch

Tour Pitch is dedicated to connecting small and medium-sized tour operators with a global network of sellers, including travel agencies and influencers. Our mission is to provide these operators with tools for dynamic pricing and AI analytics, enabling them to adjust their offerings in real-time based on market demand.

Registration and Access

• Minimum Age Requirement: To engage with our Services, you must be at least 18 years old or the minimum age in your jurisdiction that permits the use of such services.
• Account Registration: To access our Services, you must register for an account providing accurate and complete information. It is prohibited to share your account credentials or to permit others to access your account. You bear sole responsibility for all activities conducted under your account. If an account is created or utilized on behalf of a third party, such as a corporation or another individual, you must possess the legal authority to agree to these Terms on their behalf.
• Using Our Services: Subject to your adherence to these Terms, we grant you the license to access and utilize our Services. Your usage of the Services must comply with all relevant laws and regulations and align with our Usage Policies and any additional guidelines or policies that we may provide.

Prohibited Actions

When utilizing our Services, you are obligated to refrain from engaging in any activity that is illegal, harmful, or abusive. Specifically, you may not:

• Infringe on Rights: Utilize our Services in a manner that infringes, misappropriates, or violates the rights of others.
• Unauthorized Modifications or Distribution: Modify, copy, lease, sell, or distribute any aspect of our Services without authorization.
• Reverse Engineering: Attempt to reverse engineer, decompile, or otherwise derive the source code or underlying structures of our Services, including our models, algorithms, or systems, except where such actions are expressly permitted by applicable law.
• Data Extraction: Automatically or programmatically extract data or outputs from our Services without express permission.
• Misrepresentation of Output: Falsely represent outputs from our Services as being human-generated when they are not.
• Interference and Circumvention: Interfere with or disrupt our Services, circumvent any rate limits or restrictions, or bypass any security measures or safeguards.
• Competitive Use: Utilize outputs from our Services to develop models that directly compete with our offerings.

Software Use and Licensing

Our Services may include options to download software, such as mobile applications, which are designed to automatically update to the latest version for optimal performance. This software may incorporate open-source components governed by their respective licenses, which are made available to you. It is your responsibility to adhere to these licenses when using open-source software provided through our Services.

Corporate Account Policy

When you register for an account using an email address owned by an entity, such as your workplace, your account may be integrated into the entity's corporate account with us.

Integration with Third-Party Services

Our services may incorporate or offer access to software, products, or services provided by third parties ("Third-Party Services"). Third-Party Services and their outputs are governed by their respective terms and conditions, and we hold no liability for any aspect of these Third-Party Services.

Your Contributions

Your feedback is invaluable to us, and by providing it, you grant us the freedom to utilize your suggestions, ideas, or feedback without any obligations or compensation to you. Your contributions help us to learn, improve, and enhance our services.

Content Guidelines and Responsibilities

• Your Content Contributions: You are invited to contribute content to our Services in the form of input ("Input"), from which you will receive corresponding output ("Output"). Together, Input and Output constitute "Content." You bear full responsibility for your Content, ensuring it complies with all relevant laws and these Terms. You affirm that you possess all necessary rights, licenses, and permissions to submit Input to our Services.
• Ownership and Rights:
  • Your Ownership: You maintain ownership of your Input, and by default, you acquire ownership of the Output generated from your Input, subject to applicable laws.
  • Transfer of Rights: Tour Pitch assigns to you any rights, titles, and interests it may hold in the Output, ensuring that you have full ownership.
  • Content Uniqueness and Similarity: Given the operational characteristics of our Services and artificial intelligence, it is possible that Output may resemble content received by other users. Our assignment of rights to you does not extend to Output received by other users or any third-party content.
  • Usage of Content by Tour Pitch: We reserve the right to utilize Content in various ways to support the operation, maintenance, and enhancement of our Services.

Accuracy and Reliance on Output

When engaging with our Services, recognize that Output may not always be precise or accurate. It's essential not to solely depend on the Output for critical factual information or as a replacement for specialized professional advice. You are responsible for assessing the accuracy and suitability of the Output for your specific needs.

Intellectual Property Rights

Tour Pitch and its affiliates retain full rights, title, and interest in the Services.

Paid Account Policies

• Billing Information and Procedures: Upon subscribing to any of our paid Services, you are obligated to furnish complete and accurate billing details, inclusive of a valid payment mechanism. For ongoing subscriptions, we will initiate automatic billing to your specified payment method at each renewal period in accordance with the agreed schedule until the subscription is terminated by you.
• Subscription Cancellation: You can cancel your paid subscription at any time. Payments made are non-refundable, except where refund policies are explicitly mandated by law.
• Pricing Adjustments: We reserve the right to modify our pricing structures periodically. Such adjustments will be applied starting from your subsequent renewal period.

Termination and Suspension Policies

• Termination by User: You can discontinue using our Services at any time.
• Termination by Tour Pitch: We retain the authority to either suspend your access or terminate your account under certain conditions, including but not limited to:
  • Violation of these Terms.
  • Legal compliance necessitates termination.
  • Your usage poses a potential risk or harm to Tour Pitch, our user community, or the public.

Disclaimer of Warranties

OUR SERVICES ARE DELIVERED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, TOUR PITCH, ALONG WITH OUR AFFILIATES AND LICENSORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. WE DO NOT GUARANTEE THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTIONS, BE ERROR-FREE, OR THAT DATA WILL NOT BE LOST OR COMPROMISED.

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF US UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU HAVE PAID TO US FOR THE SERVICE CAUSING THE CLAIM IN THE TWELVE MONTHS PRIOR TO THE ASSERTION OF LIABILITY, OR ONE HUNDRED POUNDS (£100).

Indemnification

Should you represent a business or organization, you agree, to the maximum extent allowed by law, to indemnify and hold harmless us, our affiliates, and our respective personnel against any and all costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) that arise from third-party claims related to your usage of the services and content, or from any breach of these terms.

Dispute Resolution

You and Tour Pitch agree to the following mandatory arbitration and class action waiver provisions:

• Mandatory Arbitration: You and Tour Pitch agree to resolve any disputes arising out of or related to these Terms or our Services, regardless of when the dispute occurred, even if it was before these Terms existed, through final and binding arbitration.
• Informal Dispute Resolution: Before filing a claim, we both agree to attempt to resolve the dispute informally.
• Arbitration Forum: Should we fail to resolve a dispute, either party may initiate arbitration proceedings with the Chartered Institute of Arbitrators ("CIArb") under its Arbitration Rules.
• Arbitration Procedures: The arbitration will primarily be held via videoconference, with the option for an in-person hearing if deemed necessary by the arbitrator, at a location that is mutually agreed upon, within the county of your residence, or as decided by the arbitrator.
• Jurisdiction Over Questions: The courts in London, United Kingdom, retain jurisdiction over questions regarding the enforceability, validity of the class action waiver, or requests for public injunctive relief.
• Exceptions to Mandatory Arbitration: This section specifies claims that do not require informal dispute resolution or arbitration, including individual claims that qualify for small claims court and claims seeking injunctive or other equitable relief.
• Class and Jury Trial Waivers: You and Tour Pitch agree that disputes will be resolved on an individual basis only. Class arbitrations, class actions, and representative actions are not allowed.

Copyright Complaints

If you believe that your intellectual property rights have been infringed or violated, please send notice to [email protected]. We may also delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

General Terms

• Assignment: You are prohibited from assigning or transferring your rights or obligations under these Terms, and any attempt to do so is null and void. However, we reserve the right to assign our rights or obligations to any affiliate, subsidiary, or successor in interest related to our Services.
• Updates to These Terms and Our Services: We may periodically update these Terms or the Services. We will provide at least 30 days' advance notice of any significant changes to the Terms.
• Enforcement of These Terms: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Trade Compliance: You are required to abide by all relevant trade regulations, including sanctions and export control laws.
• Complete Agreement: These Terms represent the full agreement between you and Tour Pitch concerning the Services, superseding all prior agreements.
• Applicable Law: The laws of the United Kingdom will govern these Terms. Any claims related to these Terms, barring those addressed in the dispute resolution section, must be filed in the courts of London.

Alpha and Beta Terms of Use

These Alpha and Beta Terms of Use ("Alpha and Beta Terms") are incorporated into any existing and currently valid agreements between us (either the Terms of Services, and any other applicable governing documents referenced therein, such applicable terms, collectively, the (“Applicable Terms”) and govern your use of certain Tour Pitch features which may be designated by Tour Pitch as experimental, pilot, limited release, in development, developer preview, or early access (“Alpha and Beta Services”).

Provision

Tour Pitch grants you a limited, non-exclusive, non-transferable (except in compliance with your express assignment rights under the Terms of Service, as applicable), non-sublicensable right for a limited time period as solely determined by Tour Pitch (the "Alpha and Beta Trial Period") to access and use the Alpha and Beta Services for the number of Authorized Users that Tour Pitch permits.

Support

Tour Pitch has no obligation under these Alpha and Beta Terms to provide support, maintenance, upgrades, modifications, or new releases of the Alpha and Beta Services and may discontinue the Alpha and Beta Services at any time.

Feedback

If you send or transmit any Feedback, you understand that Tour Pitch may, in connection with the Alpha and Beta Services, freely use, copy, disclose, license, distribute and exploit any Feedback without any obligation, royalty, or restriction based on Intellectual Property Rights or otherwise.

Non-Disclosure

You acknowledge and agree that in permitting access to and use of the Alpha and Beta Services, Tour Pitch will be disclosing to you certain confidential, proprietary, and/or trade secret information (“Confidential Information”).

Disclaimer of Warranties

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE APPLICABLE TERMS, THE ALPHA AND BETA SERVICES ARE PROVIDED "AS IS" AND TOUR PITCH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Limitations of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE APPLICABLE TERMS, IN NO EVENT WILL TOUR PITCH BE LIABLE UNDER OR IN CONNECTION WITH THESE ALPHA AND BETA TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES.

No Indemnity

Notwithstanding anything to the contrary in the Applicable Terms, Tour Pitch will have no obligation to indemnify you for any reason in connection with the Alpha and Beta Services.

Entire Agreement

These Alpha and Beta Terms, together with the Terms of Service constitute the sole and entire agreement of the Parties with respect to the subject matter herein and supersede all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.