Effective November 15, 2022
Please read these Terms of Service carefully as they contain important information about your use of the Tripmaker Platform. By accessing or using the Tripmaker Platform, you agree to comply with and be bound by these Terms and Conditions.
These Terms and Conditions ("Terms") constitute a legally binding agreement ("Agreement") between you and Unikoom, LLC and its affiliated companies through the Tripmaker business unit (Tripmaker or "us" or "we") and describes how we provide our travel planning service (the “Service”) while you access or use tripmaker.ai (the "Site"), the Tripmaker mobile application (the "App"), and related services that link to these Terms & Conditions (together, the “Tripmaker Platform”).
If you disagree with these terms and conditions in total or in any part, you must not use the Service.
We reserve the right to change these Terms from time to time without notice. If you continue to use the Service it will mean your acceptance of any and all changes to these terms and conditions. We will make a reasonable effort to notify you of any changes, but this cannot be fully guaranteed, so we advise you to review these Terms periodically.
As the provider of the Tripmaker Platform, Unikoom, LLC does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any services, nor is Unikoom an organizer or retailer of travel packages under Directive (EU) 2015/2302.
Permitted Use
You agree to use the Service only for the purposes permitted by these Terms and in accordance with applicable laws and regulations.
You are hereby granted a limited, revocable, non-transferable license, to access and use the Service through a single computer or mobile device that you own or control, solely for your own personal, non-commercial use, and not for lease, resale or any other form of distribution, and subject at all times to the restrictions set out below and elsewhere in these Terms.
You shall not: (a) use the Service or any content or materials therein for any commercial purpose, including, without limitation, republish material from the Service in neither print nor digital media or documents (including republication on another website, application or commercial service), or sell, lease, distribute or sublicense material from the Service, or use the Service for marketing purposes; (b) copy, reproduce, distribute, publish, make available, communicate to the public, publicly display or perform, create derivative works of, transmit, broadcast, or in any other way exploit any part of the Service or its content, except to the limited extent required for your personal viewing of the Service on a non-commercial basis, through a single computer that you own or control; (c) edit, modify or create any derivative works of the Service or its content (d) access (or attempt to access) any of the content of the Service by any means other than through the means we provide, including attempt to, through any device or technology, circumvent technological measures employed to control access to, or the rights in, the Service or any content therein; (e) decompile, reverse engineer, disassemble, or otherwise reduce the code used in the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on the Service; (f) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; (g) take any action which imposes an unreasonable or disproportionately large load on the website; (h) use any robot, spider or other automatic device or manual process to monitor, deep link with or copy any part of the Service and/or access (or attempt to access) any of the content on the Service through any automated, unethical or unconventional means, including performing so called “scraping”, data “mining”, data extraction and/or “framing”; (i) use the Service in any way that causes, or may cause, damage to the website or the app, or impairment of the availability or accessibility of the Service or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (j) use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, ransomware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (k) link to the Service without our prior written consent.
Availability
This Service may be put on maintenance from time to time. It can also be altered at our sole discretion at any time. Its continuous availability is not guaranteed by us, neither is availability of its contents or any information held within. The Service, available in many countries globally, may hold certain content (such as products, services, links, etc.) not available in your location.
Links
Tripmaker Site and/or App may provide links to other third party resources. We provide those links for your convenience only and do not endorse any of those resources. We take no responsibility for the content those resources provide.
Third Party Advertising
Advertisements, in various formats, may be contained withing the Service. They are delivered by other third parties and do not represent our positions in any form. We do not endorse or claim any responsibility for any of the concepts, products, or services delivered by those advertisements or those third parties. If you decide to engage with those third parties in any business transactions, it will be done so at your own discretion, risk, and expense.
Third party products and/or services
The Service may contain offerings of services or products that may directly or indirectly relate to the Service. Such offerings typically link to third party services or website where those purchases can be made. You agree that the Service acts merely as a venue to refer you to such third party services or websites, where you may purchase such goods or services from their third party supplier.
In case some of those goods or services are made available for purchase through the App, we will collect certain information, such as your name, address, telephone number, email address and credit card information. We will then transmit this information to the third-party supplier who will verify your credit card details and process your payment. We do not retain any billing or payment information and we do not process any payments. Affiliates disclaimer
If the Service contain links to affiliate websites, we may receive an affiliate commission for any purchases made by you on the affiliate website using such links.
Testimonials and ratings disclaimer
The Service may contain testimonials and/or ratings by users of our products and/or services and third party products and/or services. These testimonials and ratings reflect real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our or third party products and/or services featured on the Site or the App. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials and ratings are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
In some cases, ratings are generated by our system, which is a collection of software and hardware. You understand and accept that these ratings do not represent our opinion, nor do they guarantee certain experiences for you. We are not responsible for your particular outcome or make any claims to your satisfaction.
In-App Purchases (Subscriptions)
The Tripmaker Platform offers its users personalized travel plans for a monthly subscription fee. Called Explorer Unlimited, this subscription has no limitation on the number of trips you can create and enjoy. All future and past trips are available to you as long as your subscription is active.
Renewals and refunds
- Unless you cancel at least 24 hours before the end of the free trial (if any), you will be automatically charged a price indicated on the payment screen and/or Apple’s / Google’s payment pop-up screen for a chosen subscription period - Payment will be charged to your iTunes & App Store/Apple ID account or Google Play Market ("Account") at confirmation of purchase (after you accept by Touch ID, Face ID, or otherwise the subscription terms on the pop-up screen provided by Apple or Google) - Subscription renews automatically at the end of each period (currently yearly) until you cancel - When you place your order to unlock a single trip or subscribe for a yearly package, you agree to pay upfront for the entire subscription period. All charges are nonrefundable and non-creditable. There are no refunds or credits for partially used Subscription Terms - You can cancel a free trial (if any) or a subscription anytime by turning off auto-renewal - To avoid being charged, cancel the subscription in your Account settings at least 24 hours before the end of the trial or the current subscription period - You alone can manage your subscription - If you purchased a subscription through the Apple App Store or Google Play Market and are eligible for a refund, you'll have to request it directly from Apple or Google
User generated content
We may allow you to upload, post, transmit or otherwise submit content to the Service through various means such as chats, messages, forums, blogs reviews etc. (“User Generated Content”). You are responsible to use these tools in a responsible and ethical manner.
By submitting, uploading, transmitting or otherwise making available any User Generated Content, you represent and warrant that you own such User Generated Content or have all necessary licenses, rights, consents, and permissions in order to submit it to the Service.
You agree that any User Generated Content that you post, transmit or otherwise make available through the Service: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be intentionally malicious or derogatory; (e) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or personal information; (g) shall not be used for marketing purposes or contain any type of unauthorized or unsolicited advertising.
We do not monitor User Generated Content on a regular basis (although we reserve the right to do so, at our sole discretion) and we do not assume any liability for any User Generated Content posted by you or by third parties. We reserve the right, exercisable at our sole discretion, to remove any User Generated Content without notice or explanation.
You hereby grant us with a perpetual, non-exclusive, fully-transferable, worldwide, royalty free right and license to exercise any and all intellectual property rights in and to any User generated Content in any means, format, media and technology, now in existence or hereinafter devise.
Privacy
Your privacy is important to us. To see how we collect, manage, process, secure, and store your private information, please refer to our Privacy Policy found here, which is an integral part of these terms and conditions and incorporated herein by reference. We recommend that you read the Privacy Policy before using the Service. By accessing and/or using the Service you represent that you have read the Privacy Policy, understand it, accept it and agree to abide by its terms.
No Warranty
The Service and all content and information made available therein is provided on an "as is", “as available” basis, without any representations or warranties, express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.
To the fullest extent permitted by law, we exclude all representations and warranties relating to the Service and its contents, including in relation to any inaccuracies or omissions in the Service and/or its contents. No content, information or materials provided on the Service should be considered as complete or accurate, nor should it be relied upon for any purpose or means.
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free, or that any defects in the operation or functionality of the Service will be repaired or corrected.
For the purpose of this clause hereof, the term “we” and “us” also include any of our affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.
Limited liability
You acknowledge that any information, products and/or services published or made available through the Service may include inaccuracies or errors. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to any such any information, products and/or services, including with respect to the quality, location, pricing or availability of any site, hotel, trip, vacation, travel product etc. Without prejudice to the foregoing, we specifically disclaim all liability for any reviews, comments, ratings, recommendations and opinions provided by users of the Service or other third parties.
By providing information relevant to travel to any particular destination, whether such information is posted by us, other users of the service or third party suppliers, we do not represent or warrant that travel to such sites is advisable or without risk. Your use of the Service and your reliance or non-reliance on any such information is done entirely at your own discretion and at your sole risk.
We make no representations about the suitability of the information, products, and services contained on the Service for any purpose, and the inclusion or offering of any products or services on the Service does not constitute any endorsement or recommendation of such products or services by us. All such information, software, products, and services are provided "as is" without warranty of any kind.
To the fullest extent permitted by law, we shall have no liability for any losses or damages whatsoever, whether in contract, tort or otherwise, arising out of or in connection with your use of or inability to use the Service, including without limitation direct loss, loss of profits, loss of business, loss of opportunity, loss of data (whether or not such loss was foreseeable, arose in the normal course of things or we have been advised of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential or incidental damages. In any event, you expressly understand and agree that any claim against us shall be limited to an amount of US $100.
For the purpose of this clause hereof, the term “we” and “us” also include any of our affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.
Indemnify
You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of any provision in these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this provision. In such event, you shall provide us with such cooperation as is reasonably requested by us.
For the purpose of this clause hereof, the term “us” also include any of our affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.
Governing law and jurisdiction
These terms and conditions and your use of the Service are governed by the laws of the Commonwealth of Massachusetts, USA. Any dispute or action in connection with these terms and conditions shall be brought exclusively to the competent courts in Massachusetts, which shall have sole and exclusive jurisdiction over any such dispute and action, and you irrevocably agree to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, related to or connected with the use of or inability to use the Service and/or any content or information therein must be filed by you within six (6) months after such claim or cause of action arose or be forever barred.
Termination of use
We reserve the right to, exercisable at our sole discretion, to suspend or terminate your access to or use of all or part of the Service, for any reason, with or without notice, including, without limitation, for suspected breach of these terms and conditions.
Miscellaneous
If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these terms and conditions shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or any part thereof, or the right thereafter to enforce each and every provision.
Contact info
Unikoom, LLC
1253 Worcester Rd Suite 301
Framingham MA 01701 USA
Attention: Terms of Service Manager
Telephone: +1 (508) 834-9860
privacy@unikoom.com