Terms of Service

Introduction WanderlustApp.io (the "Service") is a web platform operated by Wanderlust Inc. (the "Company"). The Service is designed to provide a platform for users to discover new travel destinations and plan their trips. These Terms of Service (the "Agreement") govern your use of the Service and set forth the legally binding terms for your use of the Service. By using the Service, you agree to be bound by the terms and conditions of this Agreement, whether you are a "Visitor" (which means that you simply browse the Service) or you are a "User" (which means that you have registered with the Service). The term "User" includes Visitors. The term "you" refers to a Visitor or a User. Your use of the Service is also subject to the Privacy Policy, which is incorporated into this Agreement by reference. Changes to the Agreement The Company reserves the right to modify this Agreement at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. Privacy Policy The Service is committed to protecting the privacy of its Users. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our Users. Service Description The Service provides a platform for users to discover new travel destinations and plan their trips. The Service may include, without limitation, the following features: Destination recommendations Trip planning tools Travel itinerary builder Maps and location data Use of the Service You may use the Service only for lawful purposes and in accordance with the terms of this Agreement. You agree not to use the Service: In any way that violates any applicable federal, state, local, or international law or regulation For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by the Company, may harm the Company or Users of the Service or expose them to liability User Content The Service may allow Users to submit, upload, publish or otherwise make available content, including but not limited to text, photographs, videos, and audio (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you make available through the Service. By making any User Content available through the Service, you grant to the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and the Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant the rights granted in this Agreement; and (ii) neither the User Content, your submission, uploading, publishing or otherwise making available of such User Content, nor the Company's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. The Company reserves the right to remove User Content without prior notice. Third-Party Services The Service may integrate, be integrated into, or be provided in conjunction with third-party services and content (collectively, "Third-Party Services"). You acknowledge and agree that the Company has no control over Third-Party Services, and the Company is not responsible for the availability, reliability, or quality of Third-Party Services. The Company does not endorse any Third-Party Services or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Third-Party Services. You acknowledge and agree that the Company is not responsible for examining or evaluating the content or accuracy of any Third-Party Services, and the Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any Third-Party Services. By using the Service, you may be exposed to Third-Party Services that are offensive, harmful, inaccurate, or otherwise inappropriate. You acknowledge and agree that the Company is not responsible or liable in any way for any Third-Party Services or for any damage, loss, or injury caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services. Warranty Disclaimer THE SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. Indemnification You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all losses, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including without limitation negligent or wrongful conduct) by you or any other person accessing the Service using your account. Termination The Company may, in its sole discretion, at any time terminate or suspend all or a portion of the Service, or your use of all or a portion of the Service, with or without notice and with or without cause. Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Dispute Resolution Any dispute arising out of or relating to this Agreement or the Service will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco, California. Miscellaneous This Agreement constitutes the entire agreement between you and the Company with respect to the use of the Service. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Contact Information If you have any questions or concerns about this Agreement or the Service, please contact us at hello@wanderlustapp. ‍Last updated March 28th, 2023.