Terms and Conditions

1. Introduction

Welcome to Travelogica Pty Ltd (the "Company," "we," "us," or "our"), an Australian-incorporated company with its principal place of business at Melbourne, Victoria, Australia.

We develop AI-powered software designed to assist travel professionals (e.g., travel agents, tour operators, and related businesses) in tasks such as itinerary planning, customer personalisation, data analysis, and optimisation ("Software Services"). We also provide consulting services related to AI implementation, development strategy, and technology integration ("Consulting Services") (collectively, the "Services").

By accessing or using our Services, including our website, software applications, or engaging us for consulting, you ("you," "User," or "Client") agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of a business or entity, you represent that you have the authority to bind that entity. If you do not agree, you must not use the Services.

We may update these Terms from time to time. We will notify you of material changes via email, through the Services, or on our website. Your continued use after such changes constitutes acceptance of the updated Terms.

2. Eligibility and User Accounts

• You must be at least 18 years old or the age of majority in your jurisdiction (whichever is higher) to use the Services.
• For Software Services, you may need to register an account by providing accurate information, including your name, email address, business details, and payment information.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access.
• We reserve the right to suspend or terminate your account if we suspect misuse, violation of these Terms, or for any other reason in our discretion.
• For Consulting Services, eligibility may depend on a separate agreement or proposal, but these Terms apply unless otherwise specified.

3. Description of Services

• Software Services: Our AI-powered software provides tools for travel professionals, including but not limited to AI-driven recommendations, predictive analytics, automated reporting, and integration with travel databases or APIs. Access may be via web, mobile app, or API.
• Consulting Services: We offer advisory services on AI adoption in travel, process optimisation, compliance with travel regulations, and custom software development. These may include workshops, audits, or ongoing support.
• Services are provided on an "as is" basis. We do not guarantee specific outcomes, such as increased bookings or error-free performance, due to factors like AI limitations, data quality, or external APIs.
• You must provide accurate inputs (e.g., data for AI processing) and comply with any usage guidelines. We are not responsible for decisions made based on our Services.
• Integration with third-party services (e.g., booking platforms like GDS's or OTA's) requires your authorization and compliance with their terms.

4. Intellectual Property

• You retain ownership of any data or content you provide to us ("User Content").
• We own all rights to the Services, including the software, AI models, algorithms, consulting materials, reports, and any derivatives (e.g., customizations based on general templates).
• By using the Services, you grant us a non-exclusive, royalty-free, worldwide licence to use, store, process, and analyse your User Content solely to provide and improve the Services.
• You must not copy, modify, reverse-engineer, distribute, or create derivative works from our Services without our prior written consent.
• Any outputs generated by the Software Services (e.g., AI-generated itineraries) are licenced to you for your internal business use only, subject to these Terms. You may not resell or commercialise them without our permission.
• If Consulting Services involve custom deliverables, ownership terms will be specified in a separate agreement.

5. User Conduct and Prohibitions

You agree not to:

• Use the Services for illegal purposes, including violating Australian laws (e.g., anti-discrimination under the Racial Discrimination Act 1975 or data protection laws) or travel industry regulations (e.g., Australian Consumer Law for fair trading).
• Input or process data that infringes third-party rights, is confidential, or contains personal information without proper consents.
• Overload, hack, or interfere with the Services.
• Use the Services to develop competing products or for benchmarking without consent.
• Misrepresent affiliations or use the Services in a way that harms our reputation.

We may monitor usage for compliance but are not obligated to do so.

6. Fees and Payments

• Fees for Services are as detailed in our pricing page, proposals, or agreements (e.g., subscription for Software Services, hourly/project-based for Consulting).
• Payments are in Australian Dollars (AUD), inclusive of GST where applicable, and processed via secure payment gateways or bank transfer.
• Subscriptions may auto-renew unless canceled. Overdue payments accrue interest at 1.5% per month.
• Refunds are at our discretion, except as required by Australian Consumer Law (e.g., for faulty services).
• We may change fees with 30 days' notice.

7. Privacy and Data Protection

• Our handling of personal information is governed by our Privacy Policy, incorporated herein.
• By using the Services, you consent to us collecting and processing data (including personal information from travel clients) as necessary.
• You are responsible for obtaining consents for any personal data you provide and ensuring compliance with the Privacy Act 1988.
• AI processing may involve anonymization or aggregation; we take steps to protect data security.

8. Disclaimers and Limitations of Liability

• The Services are provided "as is" without warranties, express or implied, including accuracy of AI outputs, fitness for purpose, or non-infringement.
• AI may produce errors, biases, or incomplete results; you must verify outputs, especially for travel advice affecting safety or finances.
• We are not liable for third-party integrations, data accuracy, or business losses from using the Services.
• To the maximum extent permitted by law, we exclude liability for indirect, consequential, or special damages (e.g., lost profits, data loss).
• Our total liability is limited to the fees paid by you in the 12 months preceding the claim. Nothing excludes liability under Australian Consumer Law (e.g., guarantees of due care).
• You acknowledge risks in travel (e.g., regulatory changes, geopolitical events) and AI (e.g., hallucinations); use at your own risk.

9. Indemnification

You agree to indemnify us against claims, losses, or damages (including legal fees) arising from:

• Your use of the Services or User Content.
• Violations of these Terms, laws, or third-party rights.
• Decisions or actions based on our Services.

10. Termination

• You may terminate by notifying us and paying outstanding fees.
• We may terminate for breach, non-payment, or if Services are discontinued, with notice where possible.
• Upon termination, access ceases, but obligations (e.g., payment, IP) survive.

11. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Victoria, Australia.
• Disputes will be resolved in Victorian courts.
• For consumers, nothing affects rights under Australian Consumer Law.
• We encourage informal resolution first.

12. Miscellaneous

• Force majeure excuses delays (e.g., pandemics, cyber-attacks).
• If a provision is invalid, others remain.
• These Terms are the entire agreement; no waivers unless written.
• Contact us at Contact Us page for questions or notices.