www.gaiatravel.ai
Effective date: 1st May 2024
1. Introduction
Welcome: These Terms and Conditions (Terms) constitute a legally binding agreement between you (User, you, your) and Maxim Petrenko (GAIA, we, us, our) governing your use of GAIA travel applications (App) and the website located at gaiatravel.ai (Website), collectively referred to as the Service.
Acceptance: By accessing, downloading, or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
2. Account Creation and Eligibility
Age Requirement: To create an account and engage in transactions through the Service, you must be at least 18 years old. Users between the ages of 12 and 18 may use the Service only under the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these age requirements and all other eligibility criteria set forth in these Terms.
Account Creation: You may create an account by providing a valid email address, password, and any additional information required. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Responsibility: You agree to provide accurate and complete information during the account creation process and to promptly update your information as necessary.
3. User Content
Definition: User Content includes, but is not limited to, trip itineraries, reviews, photos, comments, ratings, and any other materials you submit or upload to the Service.
Ownership: You retain ownership of any intellectual property rights that you hold in your User Content.
License Grant: By submitting User Content, you grant GAIA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content for the purpose of providing and improving the Service.
Restrictions: You agree not to submit User Content that is unlawful, harmful, offensive, defamatory, infringing on intellectual property rights, or otherwise objectionable. GAIA reserves the right to remove any User Content that violates these Terms or is deemed inappropriate in our sole discretion, without prior notice.
4. Intellectual Property
GAIA Ownership: The Service, including its text, graphics, logos, software, code, user interface design, and all other intellectual property contained therein, is owned by or licensed to GAIA and is protected by copyright, trademark, and other intellectual property laws.
Limited License: You are granted a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Service solely for your personal, non-commercial use in accordance with these Terms.
Restrictions: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit the Service or its content in any way.
5. Service Description
Overview: GAIA provides an AI-powered travel planning platform that includes features such as personalized trip itineraries, destination recommendations, real-time updates, travel advisories, offline access, trip management tools, and the ability to share trips with others.
Disclaimer: While GAIA strives to provide accurate and helpful information, we cannot guarantee that all recommendations and information provided will be error-free or suitable for all users. You acknowledge that you use the Service at your own risk.
Changes: GAIA reserves the right to modify, update, or discontinue the Service, any of its features, or its availability at any time, without prior notice.
6. Subscriptions and Payments
Subscription Fees: Access to certain features of the Service may require a subscription. The available subscription plans, fees, and billing cycles will be clearly communicated prior to purchase.
Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
7. User Conduct
Prohibited Conduct: You agree not to use the Service for any of the following purposes:
Engaging in any activity that is unlawful, fraudulent, harmful, misleading, threatening, harassing, discriminatory, defamatory, vulgar, obscene, or otherwise objectionable.
Impersonating any person or entity, or misrepresenting your affiliation with them.
Interfering with or disrupting the Service, or servers/networks connected to the Service.
Distributing viruses, malware, or any other harmful code.
“Spamming” or sending unsolicited commercial communications.
Violating the intellectual property rights or privacy rights of GAIA or any third party.
Consequences: Violation of these User Conduct provisions may result in the restriction, suspension, or termination of your account, and potential legal action against you.
8. Third-Party Services
Integration: The Service may integrate with or link to third-party services such as booking platforms, mapping services, or social media platforms (“Third-Party Services”).
Availability: GAIA is not responsible for the availability, accuracy, content, or practices of Third-Party Services. Your use of any Third-Party Services is governed by their respective terms of use and privacy policies.
Disclaimer: GAIA shall not be liable for any damages or losses arising from your use of or reliance on any Third-Party Services.
9. Data Collection and Use
Data Collected: GAIA may collect the following types of data from you when you use the Service:
Personal information (name, email, etc.)
Trip itinerary details and preferences
Location data
Device and usage information
Communications with GAIA support
Purposes of Use: GAIA uses collected data for the following purposes:
Providing and personalizing the Service
Improving the Service and developing new features
Communicating with you (updates, offers, support)
Marketing and analytics (with options to opt-out where possible)
Complying with legal obligations
Data Sharing: GAIA may share your data with third-party service providers who assist in the operation of the Service, and as otherwise outlined in our Privacy Policy.
10. Data Security
Measures: GAIA implements reasonable technical and administrative measures to safeguard your personal information. However, no security system is impenetrable, and GAIA cannot guarantee complete security.
User Responsibility: You play a role in protecting your data. Choose strong passwords, keep them secure, and promptly notify GAIA of suspected unauthorized activity.
11. Data Sharing
GAIA may share your data in specific circumstances, consistent with our Privacy Policy, to enhance the functionality of our Service and comply with legal requirements:
Service Providers: With trusted third parties who assist us in operating the Service, such as cloud hosting providers, payment processors, and analytics services.
Legal Requirements: If required by law, court order, or other legal process, we may disclose your information to comply with such requirements.
Business Changes: In the event of a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that transaction.
With Your Consent: In other situations where we have your explicit consent to share your information.
International Transfers: We may transfer your data to countries outside your jurisdiction, including those not having the same level of data protection as your home country, as necessary for the provision of the Service. Where applicable, GAIA will endeavor to comply with data protection laws like the UAE to ensure the protection of your information.
12. Offline Use
Functionality: The Service may offer offline functionality by allowing you to download selected content for access without an internet connection.
Limitations: Offline data may not reflect real-time updates or have full functionality. GAIA is not responsible for any inaccuracies or limitations when using the Service offline.
13. Trip Management & Sharing
User Responsibility: You are solely responsible for ensuring the accuracy and suitability of any suggested trip details and plans generated by the Service.
Group Sharing: When sharing trip information with others, you are responsible for ensuring they consent to the sharing of their data in accordance with applicable privacy laws.
Disclaimer: GAIA shall not be held responsible for any disputes or issues arising from shared trip data.
14. Communication and Support
Contact: You can contact GAIA for support or questions related to the Service through Connect@gaiatravel.ai.
Response Time: GAIA will make reasonable efforts to respond to support requests. However, response times are not guaranteed.
15. Disclaimer of Warranties
The Service is provided “as is” and without any warranties of any kind, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from errors or defects. GAIA further disclaims all warranties and guarantees, whether oral or written, with respect to the service or its operation.
16. Limitation of Liability
GAIA will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Service. This applies regardless of whether the claim is based on contract, warranty, tort, or any other legal theory. GAIA’s maximum liability for all claims related to the Service will not exceed the amount paid by you for the use of the Service.
17. Indemnification
You agree to indemnify and hold harmless GAIA, its licensors, and their respective agents, officers, employees, and directors from and against any and all claims, liabilities, losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to your use of the Service or any violation of these Terms.
18. Termination
GAIA may terminate your account and access to the Service immediately, without notice, for any reason. This includes, but is not limited to, any activity that is considered fraudulent or harmful, a violation of these Terms, or a violation of your agreement to provide user content. GAIA may also suspend or terminate your account if we have reason to believe that you are using the Service in a manner that contradicts its terms of use.
19. Entire Agreement
These Terms constitute the entire agreement between you and GAIA regarding your use of the Service and supersede all prior or contemporaneous understandings or agreements, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.
20. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be considered separate from these Terms and will not affect the validity or enforceability of the remaining provisions.
21. Governing Law
These Terms will be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Dubai, UAE.
22. Changes to Terms
GAIA’s Right: GAIA reserves the right to update or modify these Terms at any time. Changes deemed material, such as those affecting your rights, obligations, or any major service features, will be communicated through the Service or by other means, such as email, at least 30 days in advance. Your continued use of the Service after any changes indicates your acceptance of the new Terms. We encourage you to review the Terms periodically for updates.
Continued Use: Your continued use of the Service following any changes to the Terms will signify your acceptance of such changes. You are encouraged to periodically review the Terms for updates.
23. Dispute Resolution
In the event of a dispute relating to or arising out of these Terms or the use of the Service, you agree to first engage in good faith negotiations directly with GAIA to seek a resolution. If the dispute cannot be resolved informally, you agree to participate in mediation in Dubai, facilitated by a mutually agreed-upon mediator. The costs of such mediation will be shared equally between you and GAIA, except where prohibited by law. Should mediation fail to resolve the dispute, you retain the right to pursue claims as permitted under applicable law in the competent courts of Dubai, UAE.
24. Force Majeure
Definition: GAIA will not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control (force majeure events). Such events may include, but are not limited to, acts of God, wars, terrorism, strikes, civil unrest, natural disasters, governmental regulations, or network failures.
25. Assignment
GAIA’s Rights: GAIA may assign or transfer its rights and obligations under these Terms without your consent.
User Restriction: You may not assign or transfer your rights or obligations under these Terms without GAIA’s prior written consent.
26. No Waiver
Enforceability: The failure of GAIA to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless expressly acknowledged and agreed to in writing by GAIA.
27. Notices
To GAIA: Any notices to GAIA must be sent to Connect@gaiatravel.ai.
To User: Notices to you may be provided through the Service, by email, or by regular mail to the addresses provided in your account.
28. Contact Information
GAIA: Connect@gaiatravel.ai.