Last Updated: January 21, 2026
Welcome to Travefy's Privacy Policy.
Travefy Incorporated (“Travefy,” “we,” “us,” or “our”) respects your privacy. This privacy policy (“Privacy Policy”) describes how Travefy collects, uses, and discloses your Personal Data when it acts as a “controller,” such as when you visit websites that we control or license, including Travefy.com and other websites that we operate (“Website”), provide information through this Website, and when you sign up to use our services or make a purchase.
We may change this Privacy Policy at any time in our sole discretion, so please check back regularly. All changes are effective immediately upon posting to the Website.
If you are a resident of Canada, the United Kingdom, Australia, or New Zealand, please see Sections 18-21 for additional information that may apply to you.
“Personal Data” (sometimes also referred to as “Personal Information”) in this Privacy Policy means information that identifies or relates to an identifiable individual or is linked or reasonably linkable to an identifiable individual. Personal Data does not include publicly available information or anonymized or aggregated data that does not include personal identifiers.
Travefy’s services includes but is not limited to a customer relationship management (“CRM”) software, itinerary and quote software, website domain and email hosting, proposal creation software, customer-facing mobile app, and support services (“Services”). Travefy’s clients include travel agents, travel agencies, destination management companies and other professionals in the travel and tourism industry who register to use our products (“Clients”).
This Privacy Policy applies to the Personal Data we collect as a data controller, including:
This Privacy Policy does not apply to the Personal Data we receive about our Clients’ customers, which we process in accordance to our Clients’ instructions (“Customer Data”). Our Clients are the data controllers of Customer Data and control how Customer Data is collected, used, and disclosed. Customer Data may include, but is not limited to, information collected from a Client’s website or customer information entered into their customer-facing mobile app, the content of email messages between a Client and their customers, and information stored in the Client’s Travefy-hosted CRM system. Our Clients’ respective privacy policies, and not this Privacy Policy, govern the processing of Customer Data. If you have any questions about Customer Data, please reach out to your travel agent, travel company, or travel professional directly.
We may provide you with additional notices or policies regarding the collection and processing of your Personal Data related to specific Services or programs. Those notices supplement our Privacy Policy in those specific instances.
We collect the following types of Personal Data:
We collect Personal Data from several different sources:
This includes Personal Data you provide when you:
If you use the Services while signed into your customer account, we will collect information about how you use the Services, such as diagnostic and Usage Data that may be linked to your account.
We use cookies, pixel tags and other tracking technologies (collectively “Cookies”) when you use the Website. Through our use of Cookies, we may collect information such as the websites you visit before or after you visit the Website, how you navigate the Website, your IP address, general location information, search requests, browser type, operating system, cookie IDs, date and time you visit use the Website, or the amount of time spent on the Website. To learn more about how we use Cookies, see Section 13 of this Privacy Policy.
We collect Personal Data for the following purposes:
We may disclose Personal Data for business purposes, to serve targeted advertising or market content to you as described below:
We generally retain Personal Data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by applicable law.
To determine the retention periods for Personal Data, we consider:
We have put in place commercially reasonable administrative, technical, and physical security measures designed to prevent unauthorized acquisition or access of your Personal Data. If a breach of your Personal Data occurs, we will notify you where we are required to do so under applicable law.
The Website and our Services are not directed at children 18 years of age and under. We do not knowingly collect, use, or share Personal Data from children 18 or under. If a parent or legal guardian learns that their child provided us with Personal Data without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Data.
We may combine information you give us with other information we receive from our sources, transactions, communications, and Usage Data to create anonymous aggregated data (“Aggregated Data”). Aggregated Data cannot be used to directly or indirectly reveal an individual’s identity but rather describes individuals as a group. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature or create Aggregated Data about trends in price or volume of travel to publish or sell. We will not re-identify Aggregated Data.
By choosing to use any third-party Social Media platform or choosing to share content or communications with any Social Media platform, you allow us to share information with the designated Social Media platform. We cannot control any policies or terms of any Social Media third-party platforms. Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Notice. We encourage you to review those policies and terms. As a result, we cannot be responsible for any use of your information or content by a third-party platform, which you use at your own risk.
We use first-party and third-party cookies on our Website. We use cookies, web beacons, pixel tags and other tracking technologies (collectively "Cookies") on our Website. A cookie is a small text file that the Website saves onto your computer or device when you use the Website. A Cookie can either be a "session" Cookie or a "persistent" Cookie. Session Cookies exist only for so long as you are visiting the Website and are typically deleted when you exit your web browser. Each time you visit a website that has implemented a persistent Cookie, the persistent Cookie is renewed, and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
Cookies allow us to collect technical and navigational information, such as IP address, general location information associated with your IP address, browser type, operating system, time spent on our Website and pages you visited, search requests, and cookie IDs, among other information. We may place Cookies or similar files on your device for security purposes, to tell us whether you have visited our Website before, to remember your language preferences, to facilitate site navigation, to understand whether you have come to our websites from an online advertisement displayed on a third-party website, what website you visit after leaving our Website, to serve you with personalized advertising, to improve the performance of our Website, or to personalize your experience on our Website. Cookies also allow us to select which of our advertisements or offers are most likely to appeal to you and display them to you. Cookies may enhance your online experience by saving your preferences while you are visiting a website.
We may also use certain Cookies on our Services to collect information about how you use the Services, such as diagnostic and usage data, which may be linked to your account.
We use analytics services and targeted advertising cookies on our Website to automatically collect information used to improve the Website and to advertise to you. Below are some of the analytics and targeted advertising tools we use:
Analytics Tools
We use third-party software tools on our Website to learn more about how visitors navigate the Website and view content. These third-party analytics providers provide us with analytical information collected through their Cookies that we use to improve the Website, to make sure it is easy to use, and to develop content that is both interesting and customized.
Google Analytics. We’ve implemented Google Analytics, and its advertising features such as Google Ads, to help us understand and improve the use of our Website. To prevent your data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each web browser you use. Using the Google Analytics opt-out browser add-on will not prevent us from using other analytics tools and will not prevent data from being sent to the Website itself or to Google. Opting out will not affect your use of the Website. For more information on how Google uses Personal Data, visit Google's Privacy Policy and Google's page on How Google uses data when you use our partners' sites or apps.
HubSpot Analytics. We use HubSpot Analytics, a web analytics tool, to assist us in understanding how our Website is used. HubSpot Analytics utilizes various tracking technologies to generate information we select about your use of our Website, which may include information about websites or online services visited before a device accesses our Services, metrics about the performance of our Website, and information about how devices access our Website. You can learn more about HubSpot’s practices with respect to Personal Data by reviewing their privacy policy, available at HubSpot’s Privacy Policy.
MixPanel. We use MixPanel’s analytics services to understand how users interact with our Services to better understand how you navigate the Services, test new features, troubleshoot errors, improve the functionality and use of our Services, and to provide you with information about the Services that we believe may be of interest to you. To learn about MixPanel’s privacy practices, visit its privacy policy at https://mixpanel.com/legal/privacy-policy/.
Targeted Advertising
We use service providers and third-party partners to serve you customized email and internet-based advertisements. Those ad networks may use Cookies and other tracking technologies to serve ads based upon your prior visits to our Website and other websites. These ad networks may collect information including your browsing behavior, referring sites, and your response to advertisements.
You may see advertising for Travefy in your email or on other websites based on your browser behavior across websites. You may also see our ads on Social Media networks because Social Media networks use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you.
Meta Pixel. We use the remarketing services of Meta, Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Meta”) on our Website. We use the Meta Pixel to deliver targeted advertisements to website visitors across those Meta-owned Social Media platforms. To learn more about Meta’s Privacy Policy including their services and your rights, please click here.
LinkedIn Pixel. We may use LinkedIn Pixel to display advertisements and to track when individuals have visited or used our Services. If you click on a LinkedIn advertisement, LinkedIn stores a cookie on your device that is used to track the number of individuals who click on a LinkedIn advertisement and are forwarded to the applicable website. To learn more about LinkedIn’s privacy practices, please refer to their privacy policy, available here. LinkedIn allows you to opt out of tracking associated with the LinkedIn Pixel. You may opt out here or here.
We offer several ways for you to control how your Personal Data is collected, used, or shared:
If you no longer wish to receive email marketing messages from us, you should use the “unsubscribe” option that can be found in each marketing email we send, adjusting your communication preferences in your account settings, or contact us at Privacy@Travefy.com. Within 10 days of receipt of your unsubscribe request, we will remove you from our distribution list unless you resubscribe.
If you opt out of receiving these marketing messages, we will still send you messages about your purchases, subscriptions, accounts, or other transactional or informational messages.
California’s “Shine the Light” law (Civil Code Section § 1798.83) allows California residents to request (a) a list of all third parties to whom we may have disclosed your Personal Data within the past year for direct marketing purposes, and (b) a description of the categories of Personal Data disclosed, by contacting us at Privacy@Travefy.com. Please reference California Privacy Rights in your subject line. You may also write to us at Travefy, Inc., 151 N. 8th St, Suite 210, Lincoln, NE 68508.
Our Website does not honor Do Not Track requests at this time.
If you have any questions about our privacy practices or this Privacy Policy, you may contact us at
Mail:
Attn: Data Protection Officer
Travefy, Inc.,
151 N. 8th St, Suite 210
Lincoln, NE 68508
Email: Privacy@Travefy.com.
18. Additional Terms Specific to Canadian Residents
This Section addresses additional information that apply to our processing of Personal Data under Canadian law including the Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Personal Information Protection Act of Alberta, the Personal Information Protection Act of Alberta, and the Act Respecting the Protection of Personal Information in the Private Sector (“Quebec Law 25”). In the event of a conflict between this Section and the remainder of this Privacy Policy, this Section shall govern for those individuals in Canada.
Canadian Privacy Rights. Canadian residents are able to request to exercise control over their Personal Data by requesting to exercise the following privacy rights under Canadian law, subject to identity verification requirements and certain exceptions:
How to Exercise Your Rights. To exercise your rights described in this Section, you may submit your request to us by contacting us at any of the following:
Mail:
Attn: Data Protection Officer
Travefy, Inc.,
151 N. 8th St, Suite 210
Lincoln, NE 68508
Email: Privacy@Travefy.com
Additional Terms for Quebec Residents Only
If you are resident of Quebec, Quebec law provides you with additional rights regarding the use of your Personal Data, subject to identity verification requirements and certain exceptions.
How to Exercise Your Rights. To exercise your rights described in this Section, you may submit your request to us by contacting us at any of the following:
Mail:
Attn: Data Protection Officer
Travefy, Inc.,
151 N. 8th St, Suite 210
Lincoln, NE 68508
Email: Privacy@Travefy.com
Translations. This Privacy Policy may be provided in several languages. In the event of conflict or inconsistency, the English language version of this Privacy Policy controls, unless otherwise required by applicable law. A copy of the French verson of this Policy can be found here: [Link to French Privacy Policy]. En cas de conflit ou d'incohérence, la version anglaise de cette politique de confidentialité contrôle, sauf si la loi applicable l'exige. Vous trouverez ici une copie de la version française de cette politique: [Link to French Privacy Policy]
This Section addresses those additional requirements that apply to our processing of Personal Data in accordance with the United Kingdom General Data Protection Regulation (“UK GDPR”). In the event of a conflict between this Section and the remainder of this Privacy Policy, this Section shall govern for those individuals in the United Kingdom.
Legal Basis for Processing. When we process your Personal Data, we do so pursuant to the following legal bases as required under the UK GDPR.
Data Protection Officer. If you have any questions about this Privacy Policy or our privacy practices, including any requests to exercise your legal rights, please contact the Data Protection Officer by email at Privacy@Travefy.com or by mail at Attn: Data Protection Officer, Travefy, Inc., 151 N. 8th St, Suite 210, Lincoln, NE 68508
Your Right to Object to Processing. You have the right to object to processing some or all of your Personal Data at any time. However, this right only applies in specific circumstances including processing your personal data for direct marketing, a public interest, or where we are relying on a legitimate interest in certain cases.
Additional Privacy Rights under the UK GDPR. Residents of the United Kingdom also have the following privacy rights under the UK GDPR:
To exercise any of the above rights, please submit a request by sending an email addressed to our Data Protection Officer to Privacy@Travefy.com.
Identity Verification. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request.
When we will respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Automated Decision Making. We do not use automated decisionmaking, including profiling, to produce a legal or similarly significant effect. If you have any questions about how we use automated decisionmaking, you can contact us at Privacy@Travefy.com.
Complaints. If you believe we have processed your Personal Data in a manner which is unlawful you have the right to submit a complaint to your local data protection authority. The details of the UK Information Commissioner’s Office are here: https://ico.org.uk/make-a-complaint/
This Section provides additional terms and information that apply to residents of Australia. In the event of a conflict between this Section and the remainder of this Privacy Policy, this Section shall govern for those individuals in Australia.
How to Submit a Request. You may submit your request to exercise a data privacy right by mail or email:
Mail:
Attn: Data Protection Officer
Travefy, Inc.
151 N. 8th St, Suite 210
Lincoln, NE 68508
Email: Privacy@Travefy.com
Identity Verification. Before substantively responding to your request, we must be satisfied that your request is made by you or your representative who has authority to make a request on your behalf. Depending on the type of request and the sensitivity of the information to be shared in response to the request, we may ask for additional information to verify your identity and/or the authority of your representative.
When We Will Respond. Upon receiving a request and verifying your identity, we will substantively respond to your request within 30 calendar days.
If you are not satisfied with our response to your request to exercise a data privacy right, you may contact the Australian Information Commissioner at:
Mail:
GPO Box 5218
Sydney NSW 2001
Phone: 1 300 363 992
Email: enquiries@oaic.gov.au
Online: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
Individuals in New Zealand have certain rights under the Privacy Act to request to access and correct their Personal Data.
Requesting Access to or Correction of Your Personal Data. You have the right to access the Personal Data we hold about you. You also have the right to ask us to correct your Personal Data if the Personal Data we hold about you is incorrect. Please note that these rights are subject to limitations and exceptions under the Privacy Act.
Opting Out of Marketing and Cookies. You are also able to opt out of our marketing and advertising efforts or promotional communications. See Section 14, above, to learn how to exercise your communications and advertising preferences.
When We Will Respond. We will process your request no later than 20 working days after we receive it.
Submitting a Complaint. If you have a question or concern or would like to submit a complaint about this Privacy Policy or our privacy practices, please contact our Data Protection Officer at Attn: Data Protection Officer, Travefy, Inc.,151 N. 8th St, Suite 210, Lincoln, NE 68508 or Privacy@Travefy.com. If you are unable to resolve your concerns, you may complain to Office of the Ombudsman at https://www.ombudsman.parliament.nz/get-help-public.
Last Updated: January 21, 2026
Travefy, Inc. (“We” or “us”) welcomes You to our website, www.travefy.com, and other websites that we operate (the “Site”). “You” refers to all users of the Site and Services. These Terms of Use (“Terms”) govern Your use of the Site and the services Travefy makes available to its customers through its online platform and mobile application (together, with the Site, the “Services”) and their Content (as defined below). When You browse the Site or sign up to use our Services, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You don’t agree to these Terms, do not use the Services.
MODIFICATION TO THESE TERMS
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS WITH RESPECT TO THE SERVICES, INCLUDING YOUR RELATIONSHIP WITH US. PLEASE READ THEM CAREFULLY AND REVIEW THEM REGULARLY. WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, WITH SUCH CHANGES BECOMING EFFECTIVE WHEN WE POST THE MODIFIED TERMS TO THE SITE. EACH TIME YOU USE THE SERVICES YOU AGREE TO BE BOUND BY THE THEN-CURRENT VERSION OF THESE TERMS.
COOKIES, PIXELS, AND OTHER TRACKING TECHNOLOGIES
WE MAY USE COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES (COLLECTIVELY, “ADTECH”) ON SERVICES. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE SERVICES AND CONTENT AND OTHER USER RELATED ACTIVITIES, AND TO SERVE YOU WITH TARGETED ADVERTISING. BY VISITING AND USING THE SERVICES, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT FROM THE USE OF ADTECH WITH OUR ADTECH PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.
ONLINE CHAT
IF YOU HAVE A QUESTION ABOUT THE SERVICES, YOUR SUBSCRIPTION, OR OTHER INQUIRY, YOU CAN USE OUR SERVICE’S CHAT FEATURE TO CONTACT US OR OUR CHAT BOT. WE USE A THIRD-PARTY SERVICE PROVIDER TO PROVIDE THE CHAT FEATURE. TO BETTER SERVE YOU, OUR CUSTOMER SERVICE AGENTS LEVERAGE OUR SERVICE PROVIDER’S ARTIFICIAL INTELLIGENCE-POWERED CHAT SERVICE TO PROMPTLY ASSIST WITH YOUR QUESTIONS OR CONCERNS AND TO PROVIDE YOU WITH ACCESS TO OUR CHAT BOT WHEN YOU CONTACT US OUTSIDE NORMAL BUSINESS HOURS.
BY USING THE CHAT FEATURE ON THE SERVICES, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR SERVICE PROVIDER ON OUR BEHALF. WHEN YOU USE THE CHAT FEATURE, WE ARE CREATING A TRANSCRIPT OF YOUR CHAT FOR QUALITY ASSURANCE PURPOSES AND TO IMPROVE THE CHAT FEATURE. WE WILL HANDLE ANY PERSONAL INFORMATION WE RECEIVE THROUGH THE CHAT FEATURE, SUCH AS CHAT TRANSCRIPTS, ACCOUNT OR SUBSCRIPTION INFORMATION, OR YOUR CONTACT INFORMATION, IN ACCORDANCE WITH OUR PRIVACY POLICY.
When You use the Services, You represent that You are at least the age of majority in the jurisdiction where You reside, or if You have not reached the age of majority in the jurisdiction where You reside, that You have received permission to use the Services from Your parent or legal guardian.
You represent that any information You submit to us when using the Services is accurate, truthful, and current. You also represent that Your use of the Services does not violate any applicable law or regulation.
We collect certain Personal Data when You use our Services which we will handle in accordance with our Privacy Policy.
Travefy is the sole and exclusive owner of the Services. The Services contain certain text, graphics, interfaces, computer code, documentation, logos, trademarks, slogans, product names, data, music, sound, photographs, videos, recordings, creative works, reports, and software, and the design, selection, and arrangement of content on the Services (“Content”). Except as expressly provided herein, the Services and their Content, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Any unauthorized use of the Intellectual Property Rights in the Services or Content is strictly prohibited. Nothing in these Terms or the Services shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of Travefy’s or a third party’s Intellectual Property Rights. We authorize You to copy Content from the Services to Your device solely for viewing and using the Content for Your individual use provided that You do not remove or obscure the copyright notice or other notices displayed on the Content.
The trademarks, service marks, logos, page headers, custom graphics, button icons, scripts, and URLs (collectively, the “Marks”) displayed on the Services are the property of us, our licensors or other third parties. You are not permitted to copy, imitate, disseminate, or use in whole or in part the Marks without the prior written consent of Travefy, our licensors or such third party that may own the Marks.
By using the Services, You agree not to engage in any of the following prohibited uses (“Prohibited Use(s)”). You acknowledge and agree that if we determine, in our sole discretion, that You have engaged in any Prohibited Use, we reserve the right to immediately terminate Your access to the Services, with no possibility of appeal. We may also pursue legal actions against You, including to protect our Intellectual Property Rights or the Intellectual Property Rights of others.
If You use the Services, You agree that You will not:
Travefy will cooperate with law enforcement if You are suspected of having violated applicable laws in connection with Your use of the Services or the submission of User Content. You waive and hold Travefy harmless for any cooperation with, or disclosure of Your information to, law enforcement relating to Your suspected violation of applicable laws.
Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which You access the Services, the Services may not work appropriately or at all. We will use any location information we receive from You in accordance with our Privacy Policy.
Subject to the limitations set forth herein, You may submit, post, or upload (“Submit”) information relating to trip descriptions, photographs, comments, support questions, video clips, reviews and other communications and content to the Services or through social media websites (collectively, “User Content”).
You represent and warrant that: (i) You own Your User Content or have all necessary rights, licenses, and consents to Submit it to us and to grant us the license to Your User Content as stated in this Section, below; (ii) Your User Content and our use of it as authorized in these Terms will not violate any applicable law or infringe or misappropriate any third-party Marks, Intellectual Property Rights, or privacy rights.
You agree that we may, in our sole discretion, remove User Content at any time.
By Submitting any User Content in the Services, You give us a perpetual, nonexclusive, irrevocable, royalty-free, fully-paid, sublicensable and fully-transferable, worldwide license to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from such User Content (including any related Intellectual Property Rights) for any and all purposes. You agree that we are not required to provide further notice to You, attribution, or payment to You or any other person or entity, except as otherwise expressly provided herein.
We are not responsible or liable for any User Content. You acknowledge and agree that by using the Services, You may be exposed to User Content from other users that You find objectionable, and we shall not be liable for any actions or inactions resulting from such User Content.
User Content Disclaimer
The User Content represents the view of the user who Submitted the User Content and may not represent the views of Travefy. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content and we will not be liable to You or any other third party for any actions You may take as a result of reading or viewing User Content.
Feedback
From time to time, You may be asked to Submit feedback on the Services, whether by a survey or by giving a written testimonial (“Feedback”). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functionality or comments, questions, or other suggestions. If You choose to Submit such Feedback, You agree that all such Feedback shall belong entirely to us, including any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in such Feedback, and You hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution (subject to our obligations to protect Your privacy) or compensation to the provider.
If You believe that Your work has been improperly copied and posted on the Services, please see our Copyright Take Down Notice.
YOU AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITH REGARDS TO THE SERVICES, THE CONTENT, OR USER CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
TRAVEFY DOES NOT WARRANT THAT THE SERVICES, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OPERATE ERROR-FREE OR THAT ANY DEFECT WILL BE CORRECTED, OR THAT THERE WILL BE CONTINUED AVAILABILITY OF YOUR STORED USER CONTENT OR CUSTOMER DATA. THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY SUCH COSTS.
TRAVEFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE SERVICES, THE CONTENT OR OTHER INFORMATION, ADVICE OR RECOMMENDATIONS MADE AVAILABLE ON THE SERVICES, NOR DOES IT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SAFETY OF ANY SERVICES, CONTENT, TRAVEL PRODUCTS, OR OTHER THIRD-PARTY PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE VIA THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MALWARE OR SUCH CONTENT AND/OR DATA.
ALL FEATURES, CONTENT, SPECIFICATIONS AND PRICES OF TRAVEL PRODUCTS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE INCLUSION OF ANY TRAVEL PRODUCT OR SERVICE ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT SUCH TRAVEL PRODUCT OR SERVICE WILL BE AVAILABLE AT ANY TIME.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF ADTECH, INCLUDING BUT NOT LIMITED TO ANY ADVERTISING OR ADVERTISING ANALYTICS TECHNOLOGIES.
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to You. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You acknowledge and agree that any liability Travefy, its employees, officers, directors, agents, service providers, or professional advisors (“Agents”) have to You in connection with these Terms, under any cause of action or theory is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall Travefy or its agents be liable to You for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms.
This includes without limitation:
The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, resulting from (1) the use of, or the inability to use, the Services; (2) the use of, or the inability to use, items purchased on the Services; or (3) the cost of procurement of substitute Services or items, even if we or our agents have been advised of the possibility of such damages.
Terms Applicable to New Jersey Customers
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Travefy reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of Your state of residence.
You agree to indemnify, defend, and hold harmless Travefy and our Agents from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of Your use of the Services or Content in violation of these Terms, including without limitation any Claim arising from any breach of the representations and warranties You make in these Terms or in Submitting Your User Content of Customer Data. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing. You may not settle any Claim without our prior written consent.
These Terms are governed by Nebraska law, without giving effect to conflicts of law principles. You agree that, to the extent applicable, to submit to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Nebraska in circumstances where these Terms permit litigation in court.
Acknowledgement
Our Services and certain Content, including may be available through the Apple App Store or Google Play (collectively the “Apps”). You understand that these Terms are between You and Travefy, and not with Apple Inc. or Google, Inc. (each an “App Distributor”).Travefy, not the App Distributor, is solely responsible for the Services and their Content. In the event that the rules and restrictions in these Terms related to Your use of the Services conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
Scope of License
The licenses granted to You for the Services in these Terms are solely for use by You on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
Maintenance and Support
Travefy is solely responsible for providing any Services maintenance and You agree that the App Distributor has no obligation to furnish any Services maintenance and support.
Warranty
Travefy is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the Services fails to conform to any applicable warranty, You may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Services. To the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Travefy’s sole responsibility.
Product Claims
You and Travefy acknowledge that Travefy, not an App Distributor, is responsible for addressing any claims that You or any third party have relating to the Services, including any (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights
Travefy, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services and You must comply with applicable App Distributor terms when using the Services.
Third-Party Beneficiary
You agree that the App Distributors, and their subsidiaries, are third-party beneficiaries to these Terms as applicable to the Services, and that, upon Your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against You as a third-party beneficiary thereof.
You verify that any contact information voluntarily provided to Travefy, including, but not limited to, Your mailing address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that You are the telephone subscriber and/or that You own any telephone numbers that You Submit to Travefy.
By using the Services, You agree to receive electronic communications from us, whether addressed to the e-mail address you provided us or posted on the Services. You acknowledge and agree that any communication by e-mail or by posting at the Services satisfies any legal requirement that such communications be made in writing.
We may provide You with transactional communications concerning the Services, updates to these Terms or our Privacy Policy or news concerning Travefy, and industry developments.
We may also send promotional emails for sales and marketing purposes. If You wish to opt out of receiving such promotional emails, You can unsubscribe from our marketing list by following the unsubscribe options or by emailing us at Support@Travefy.com.
With Your express, written consent, we may send You communications via SMS. You may incur charges for these calls and text messages by Your telephone carrier. You acknowledge that Travefy will not be responsible for any such charges. To opt out of such SMS communications, You may respond to any text You receive on Your mobile device with the word “STOP” or email us at Support@Travefy.com
See our Privacy Policy for more information on other ways in which You may control how we communicate with You.
Assignment
Travefy may assign, transfer, or sub-contract any our rights or obligations under these Terms to any third party at our discretion.
Termination of the Services
We reserve the right to make any changes to the Services in any manner and to deny or terminate Your access to the Services, even if You have an Account, in our sole discretion.
No Waivers
Unless modified in a writing signed by both parties, these warranty terms, conditions, and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of Travefy or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to the warranty made herein.
Severance
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder shall continue in full force and effect.
Contact Us
If You have any questions about the Services or these Terms, please contact us at Support@Travefy.com.
Last Updated: January 21, 2026
Travefy, Inc. (“We” or “us”) welcomes You to our website, www.travefy.com, and other websites that we operate (the “Site”). “You” refers to all users of the Site and Services. These Terms of Service (“Terms”) govern Your use of the Site and the services Travefy makes available to its customers through its online platform and mobile application (together, with the Site, the “Services”) and their Content (as defined below). When You browse the Site or sign up to use our Services, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You don’t agree to these Terms, do not use the Services.
MODIFICATION TO THESE TERMS
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS WITH RESPECT TO THE SERVICES, INCLUDING YOUR RELATIONSHIP WITH US. PLEASE READ THEM CAREFULLY AND REVIEW THEM REGULARLY. WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, WITH SUCH CHANGES BECOMING EFFECTIVE WHEN WE POST THE MODIFIED TERMS TO THE SITE. EACH TIME YOU USE THE SERVICES YOU AGREE TO BE BOUND BY THE THEN-CURRENT VERSION OF THESE TERMS.
COOKIES, PIXELS, AND OTHER TRACKING TECHNOLOGIES
WE MAY USE COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES (COLLECTIVELY, “ADTECH”) ON SERVICES. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE SERVICES AND CONTENT AND OTHER USER RELATED ACTIVITIES, AND TO SERVE YOU WITH TARGETED ADVERTISING. BY VISITING AND USING THE SERVICES, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT FROM THE USE OF ADTECH WITH OUR ADTECH PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.
ONLINE CHAT
IF YOU HAVE A QUESTION ABOUT THE SERVICES, YOUR SUBSCRIPTION, OR OTHER INQUIRY, YOU CAN USE OUR SERVICE’S CHAT FEATURE TO CONTACT US OR OUR CHAT BOT. WE USE A THIRD-PARTY SERVICE PROVIDER TO PROVIDE THE CHAT FEATURE. TO BETTER SERVE YOU, OUR CUSTOMER SERVICE AGENTS LEVERAGE OUR SERVICE PROVIDER’S ARTIFICIAL INTELLIGENCE-POWERED CHAT SERVICE TO PROMPTLY ASSIST WITH YOUR QUESTIONS OR CONCERNS AND TO PROVIDE YOU WITH ACCESS TO OUR CHAT BOT WHEN YOU CONTACT US OUTSIDE NORMAL BUSINESS HOURS.
BY USING THE CHAT FEATURE ON THE SERVICES, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR SERVICE PROVIDER ON OUR BEHALF. WHEN YOU USE THE CHAT FEATURE, WE ARE CREATING A TRANSCRIPT OF YOUR CHAT FOR QUALITY ASSURANCE PURPOSES AND TO IMPROVE THE CHAT FEATURE. WE WILL HANDLE ANY PERSONAL INFORMATION WE RECEIVE THROUGH THE CHAT FEATURE, SUCH AS CHAT TRANSCRIPTS, ACCOUNT OR SUBSCRIPTION INFORMATION, OR YOUR CONTACT INFORMATION, IN ACCORDANCE WITH OUR PRIVACY POLICY.
When You use the Services, You represent that You are at least the age of majority in the jurisdiction where You reside, or if You have not reached the age of majority in the jurisdiction where You reside, that You have received permission to use the Services from Your parent or legal guardian.
You represent that any information You submit to us when using the Services is accurate, truthful, and current. You also represent that Your use of the Services does not violate any applicable law or regulation.
We collect certain Personal Data when You use our Services which we will handle in accordance with our Privacy Policy.
Travefy is the sole and exclusive owner of the Services. The Services contain certain text, graphics, interfaces, computer code, documentation, logos, trademarks, slogans, product names, data, music, sound, photographs, videos, recordings, creative works, reports, and software, and the design, selection, and arrangement of content on the Services (“Content”). Except as expressly provided herein, the Services and their Content, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Any unauthorized use of the Intellectual Property Rights in the Services or Content is strictly prohibited. Nothing in these Terms or the Services shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of Travefy’s or a third party’s Intellectual Property Rights. We authorize You to copy Content from the Services to Your device solely for viewing and using the Content for Your individual use provided that You do not remove or obscure the copyright notice or other notices displayed on the Content.
The trademarks, service marks, logos, page headers, custom graphics, button icons, scripts, and URLs (collectively, the “Marks”) displayed on the Services are the property of us, our licensors or other third parties. You are not permitted to copy, imitate, disseminate, or use in whole or in part the Marks without the prior written consent of Travefy, our licensors or such third party that may own the Marks.
Certain Services or portions of the Site may require You to register for an account (“Account”). An Account is either an Organizational Accounts for our enterprise customers, or Individual Accounts. If You register for an Individual Account or as a Team Admin of linked accounts, You are the “Account Owner.”
If You register for an Account that is connected to an Organizational Account, You become a “Registered User.” The organization that owns the Organizational Account may have administrator rights to access Your Account and any information provided under Your Account. If You are registering an administrative account on behalf of an organization in connection with an enterprise agreement with us, You represent or warrant that the information You enter on behalf of the organization is correct.
As part of the Account creation process, You may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of Your Login Information and agree not to transfer or disclose Your Login Information to any third party.
If You suspect any unauthorized use of Your Account, You agree to notify us immediately at Support@Travefy.com. You are solely responsible for any activities occurring under Your Account.
You acknowledge that we will use the email address You provide on opening an Account or as updated by You from time to time as the primary method for communication with You ("Primary Email Address"). You must monitor the Primary Email Address You provide to us and Your Primary Email Address must be capable of both sending and receiving messages. Your email communications with us can only be authenticated if they come from Your Primary Email Address.
We reserve the right to discontinue offering a portion or all of the Services, including by terminating Your Account at any time pursuant to these Terms.
You have no ownership right to Your Account, and our liability if You are unable to access the Services, if any, is limited by these Terms.
By using the Services, You agree not to engage in any of the following prohibited uses (“Prohibited Use(s)”). You acknowledge and agree that if we determine, in our sole discretion, that You have engaged in any Prohibited Use, we reserve the right to immediately terminate Your access to the Services and/or Your Account, with no possibility of appeal. We may also pursue legal actions against You, including to protect our Intellectual Property Rights or the Intellectual Property Rights of others.
If You use the Services, You agree that You will not:
Travefy will cooperate with law enforcement if You are suspected of having violated applicable laws in connection with Your use of the Services or the submission of User Content. You waive and hold Travefy harmless for any cooperation with, or disclosure of Your information to, law enforcement relating to Your suspected violation of applicable laws.
Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which You access the Services, the Services may not work appropriately or at all. We will use any location information we receive from You in accordance with our Privacy Policy.
We do not provide, own or control any of the travel services and products that You can access through our Services, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to Your booking so You must agree to and understand those terms. Furthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to Your travel, so You must also agree to and understand those terms. Your interaction with any Travel Provider found or accessed through our Services is at Your own risk. We do not bear any responsibility should anything go wrong with booking or otherwise using the Travel Products.
Subject to the limitations set forth herein, You may submit, post, or upload (“Submit”) information relating to Your Account, trip descriptions, photographs, comments, support questions, video clips, reviews and other communications and content to the Services or through social media websites (collectively, “User Content”).
You represent and warrant that: (i) You own Your User Content or have all necessary rights, licenses, and consents to Submit it to us and to grant us the license to Your User Content as stated in this Section, below; (ii) Your User Content and our use of it as authorized in these Terms will not violate any applicable law or infringe or misappropriate any third-party Marks, Intellectual Property Rights, or privacy rights.
You agree that we may, in our sole discretion, remove User Content at any time.
By Submitting any User Content in the Services, You give us a perpetual, nonexclusive, irrevocable, royalty-free, fully-paid, sublicensable and fully-transferable, worldwide license to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from such User Content (including any related Intellectual Property Rights) for any and all purposes. You agree that we are not required to provide further notice to You, attribution, or payment to You or any other person or entity, except as otherwise expressly provided herein.
We are not responsible or liable for any User Content. You acknowledge and agree that by using the Services, You may be exposed to User Content from other users that You find objectionable, and we shall not be liable for any actions or inactions resulting from such User Content.
User Content Disclaimer
The User Content represents the view of the user who Submitted the User Content and may not represent the views of Travefy. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content and we will not be liable to You or any other third party for any actions You may take as a result of reading or viewing User Content.
Feedback
From time to time, You may be asked to Submit feedback on the Services, whether by a survey or by giving a written testimonial (“Feedback”). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functionality or comments, questions, or other suggestions. If You choose to Submit such Feedback, You agree that all such Feedback shall belong entirely to us, including any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in such Feedback, and You hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution (subject to our obligations to protect Your privacy) or compensation to the provider.
Subject to the limitations in these Terms, You may Submit Personal Data and other information relating to Your Customers, such as trip descriptions, traveler information, itineraries, booking details, and other content and communications to the Services (“Customer Data”).
Ownership of Customer Data
Account Owners own and control all Customer Data. Travefy does not take any ownership of Customer Data.
Without limiting anything set forth in these Terms, You represent and warrant to Travefy that: (a) You have all necessary rights in and to any and all Customer Data provided to Travefy in connection with these Terms; (b) the posting of the Customer Data does not violate any rights of any person or entity, including Intellectual Property Rights, (c) You have no agreement with or obligations to any third party that would prohibit Your use of the Services; and (d) Customer Data may not violate our Acceptable Use Policy.
You represent and warrant that You have provided all notices and obtained all rights and consents to make available to Travefy, and to use or process any Customer Data that includes Personal Data subject to protection under applicable data privacy laws or regulations. Travefy will process Customer Data in accordance with our Data Processing Addendum, which is located at [INSERT LINK] and is incorporated into these Terms by reference.
License to Use Customer Data
You grant Travefy a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right an license to host, use, distribute, expose, modify, run, combine, copy, store, commercialize, communicate to the public, broadcast, reproduce, make available, display, translate, and create derivative works from Customer Data and any associated Intellectual Property Rights and Marks to (a) provide and operate the Services; (b) to perform our obligation and exercise our rights under these Terms; (c) feature or promote You on the Site or in any other channel or platform operated by Travefy; (d) evaluate, enhance, or improve the Services or identify and create new external and internal business services.
Derivative works include creating aggregated Customer Data so that such data cannot be used to directly or indirectly reveal an individual’s identify but rather describes individuals as a group (“Aggregated Data”).
You agree that we have the right to create Aggregated Data from Customer Data. We own all right, title, and interest in such Aggregated Data and may use, publish, distribute, or sell it for any lawful purpose, including but not limited to improving, analyzing, or developing our Services. For more information about how we create and use Aggregated Data, please see our Privacy Policy.
You agree that this license grants Travefy the right to use Customer Data to provide, improve, and develop the Services, including Travefy’s use of Artificial Intelligence Technologies. Artificial Intelligence (“AI”) Technologies are a type of technologies that enable computers to simulate human learning, problem-solving and decision making, including by use of machine learning, and any related AI models, large language models, data sets (including training data sets), algorithms, any technology that can create original text, images, video and other content (known as Generative AI) or automated decision making technology, including our AI-powered chat bots. An Account Owner owns all output data generated by Your use of our AI Technologies including Customer Data imported into the Services using our AI Technologies or any output generated from Your use of our AI Technologies such as responses from a chat bot generated from Your input.
You agree that we may, in our sole discretion, remove or delete Customer Data at any time.
If You believe that Your work has been improperly copied and posted on the Services, please see our Copyright Take Down Notice.
If You or Your organization has entered into an enterprise agreement with us, that enterprise agreement takes precedence over these Terms for the purposes of Your Subscription.
Subscription Billing and Auto-Renewal
Account Owners may purchase a subscription to the Services (a “Subscription”). Unless otherwise indicated at checkout, the Subscription term begins on the date that we receive and accept payment. You shall pay the Subscription price (including any applicable price increase) at the beginning of the Subscription term, at any recurring billing intervals based on your chosen billing preference, and at the beginning of each subsequent annual renewal term, if any, until canceled.
Subscriptions will automatically renew for subsequent one-year renewal terms until You cancel the Subscription from the Account settings, or by contacting us at support@travefy.com at least 24 hours prior to the renewal date.
We may update Subscription Fees from time to time and will provide You with email notice to Your Primary Email Address of any changes in Subscription Fees at least thirty (30) days prior to Your Subscription renewal date. Your continued use of the Services after notice of a change to the Subscription Fees will constitute Your agreement to such changes in the subsequent renewal period.
Free Trials
Your Subscription to the Service may include a free trial. Availability of a free trial is not guaranteed. Eligibility for free trials may vary based on factors including the Subscription selected, whether You have previously used one for the relevant Services, and how recently You redeemed a free trial. There may be certain limitations on Your ability to combine a free trial with other offers.
If You do not sign up for a paid Subscription at the end of Your free trial, You will lose access to Your Account and any associated information including Customer Data. We have no obligation to provide Your Account information or Customer Data to You at the end of Your free trial.
Promotions
We may also offer, in our sole discretion, promotions (e.g., a promotional price, a Subscriptions Fee credit, or an Account-specific offer). These promotions may be subject to additional promotional terms disclosed during Your sign-up or in other notices or materials provided to You. If You have linked a payment method with Your account, we will bill this payment method when You activate the promotion and continue to bill that payment method at the then-current, non-promotional price after Your promotion ends, unless You cancel prior to the end of Your promotion or unless otherwise stated.
CANCELING A SUBSCRIPTION
IF YOU CANCEL A SUBSCRIPTION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICES THROUGH THE END OF YOUR THEN-CURRENT TERM, BUT YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT FOR ANY SUBSCRIPTION FEE (DEFINED BELOW) ALREADY DUE OR PAID EXCEPT AS REQUIRED BY LAW OR IN OUR SOLE DISCRETION. IF WE TERMINATE YOUR SUBSCRIPTION WITHOUT CAUSE, WE MAY, IN OUR SOLE DISCRETION, REFUND YOU THE SUBSCRIPTION FEES FOR THE UNUSED PORTION OF YOUR SUBSCRIPTION.
WITHIN THIRTY (30) DAYS AFTER THE TERMINATION OF YOUR SUBSCRIPTION, TRAVEFY WILL REMOVE CUSTOMER DATA FROM THE SERVICES AND SECURELY ERASE OR DESTROY ALL OR ANY PART OF CUSTOMER DATA IN TRAVEFY’S POSSESSION. YOU ACKNOWLEDGE AND AGREE THAT TRAVEFY SHALL NOT HAVE ANY OBLIGATION TO PROVIDE YOU WITH ANY ACCESS TO CUSTOMER DATA AFTER THE TERMINATION OF THE SUBSCRIPTION. FOR CLARITY, THE FOREGOING SHALL NOT APPLY TO ANY AGGREGATED DATA AND THE TERMINATION OF YOUR SUBSCRIPTION SHALL NOT AFFECT, LIMIT OR OTHERWISE MODIFY TRAVEFY’S RIGHTS IN AND TO ANY AND ALL SUCH AGGREGATED DATA.
Payment of Subscription Fees
You agree to pay the listed Subscription price and all associated fees and taxes (“Subscription Fees”) when due and, if Subscription Fees are paid via credit card or other electronic means, You authorize us to charge Subscription Fees using the payment method associated with Your Account. You are responsible for providing complete and accurate billing information to Travefy. We may suspend or terminate Your Subscription if Subscription Fees become past due. Subscription Fees shall be paid in U.S. Dollars.
Payment Processing
Payment processing services on the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, You agree to provide us with accurate and complete information about You and Your business, and You authorize us to share it and transaction information related to Your use of the payment processing services provided by Stripe.
The following terms apply to Your access and use of specific solutions within our Services.
Payment Tool Service Terms
The payment tool on the Services is provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time.
Email Services
The Services allow You to sync Your third-party email account with the Services. Syncing Your email account allows You to send emails, including Invoices, from Your third-party email account to Customers using the Services. When You sync Your third-party email account with the Services, Your use of Your third-party email account is subject to these Terms in addition to the terms of the third-party email account provider.
You have the ability to procure an email account through the Services. These email accounts are provided by MailCheap, a division of Cyberlabs, Inc. Your use of Your MailCheap email account is subject to MailCheap’s term of service found here: https://www.mailcheap.co/about.html.
YOU AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITH REGARDS TO THE SERVICES, THE CONTENT, OR USER CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
TRAVEFY DOES NOT WARRANT THAT THE SERVICES, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OPERATE ERROR-FREE OR THAT ANY DEFECT WILL BE CORRECTED, OR THAT THERE WILL BE CONTINUED AVAILABILITY OF YOUR STORED USER CONTENT OR CUSTOMER DATA. THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY SUCH COSTS.
TRAVEFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE SERVICES, THE CONTENT OR OTHER INFORMATION, ADVICE OR RECOMMENDATIONS MADE AVAILABLE ON THE SERVICES, NOR DOES IT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SAFETY OF ANY SERVICES, CONTENT, AI TECHNOLOGIES, TRAVEL PRODUCTS, OR OTHER THIRD-PARTY PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE VIA THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MALWARE OR SUCH CONTENT AND/OR DATA.
ALL FEATURES, CONTENT, SPECIFICATIONS AND PRICES OF TRAVEL PRODUCTS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE INCLUSION OF ANY TRAVEL PRODUCT OR SERVICE ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT SUCH TRAVEL PRODUCT OR SERVICE WILL BE AVAILABLE AT ANY TIME.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF AI TECHNOLOGIES OR ADTECH, INCLUDING BUT NOT LIMITED TO ANY ADVERTISING OR ADVERTISING ANALYTICS TECHNOLOGIES.
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to You. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You acknowledge and agree that any liability Travefy, its employees, officers, directors, agents, service providers, or professional advisors (“Agents”) have to You in connection with these Terms, under any cause of action or theory is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall Travefy or its agents be liable to You for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms.
This includes without limitation:
The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, resulting from (1) the use of, or the inability to use, the Services; (2) the use of, or the inability to use, items purchased on the Services; or (3) the cost of procurement of substitute Services or items, even if we or our agents have been advised of the possibility of such damages.
Terms Applicable to New Jersey Residents
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Travefy reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of Your state of residence.
You agree to indemnify, defend, and hold harmless Travefy and our Agents from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of Your use of the Services or Content in violation of these Terms, including without limitation any Claim arising from any breach of the representations and warranties You make in these Terms or in Submitting Your User Content of Customer Data. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing. You may not settle any Claim without our prior written consent.
These Terms are governed by Nebraska law, without giving effect to conflicts of law principles. You agree that, to the extent applicable, to submit to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Nebraska in circumstances where these Terms permit litigation in court.
Acknowledgement
Our Services and certain Content, including may be available through the Apple App Store or Google Play (collectively the “Apps”). You understand that these Terms are between You and Travefy, and not with Apple Inc. or Google, Inc. (each an “App Distributor”).Travefy, not the App Distributor, is solely responsible for the Services and their Content. In the event that the rules and restrictions in these Terms related to Your use of the Services conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
Scope of License
The licenses granted to You for the Services in these Terms are solely for use by You on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
Maintenance and Support
Travefy is solely responsible for providing any Services maintenance and You agree that the App Distributor has no obligation to furnish any Services maintenance and support.
Warranty
Travefy is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the Services fails to conform to any applicable warranty, You may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Services. To the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Travefy’s sole responsibility.
Product Claims
You and Travefy acknowledge that Travefy, not an App Distributor, is responsible for addressing any claims that You or any third party have relating to the Services, including any (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights
Travefy, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services and You must comply with applicable App Distributor terms when using the Services.
Third-Party Beneficiary
You agree that the App Distributors, and their subsidiaries, are third-party beneficiaries to these Terms as applicable to the Services, and that, upon Your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against You as a third-party beneficiary thereof.
Consent to Communications with Travefy
You verify that any contact information voluntarily provided to Travefy, including, but not limited to, Your mailing address, e-mail address such as Your Primary Email Address, residential phone number, and mobile phone number is true and accurate. You further verify that You are the telephone subscriber and/or that You own any telephone numbers that You Submit to Travefy.
You agree to receive electronic communications from us, whether addressed to Your Primary Email Address or posted at the Services. You acknowledge and agree that any communication by e-mail or by posting at the Services satisfies any legal requirement that such communications be made in writing.
We may provide You with transactional communications concerning Your Subscription, Account, the Services, updates to these Terms or our Privacy Policy or news concerning Travefy, and industry developments to Your Primary Email Address.
We may also send promotional emails for sales and marketing purposes. If You wish to opt out of receiving such promotional emails, You can unsubscribe from our marketing list by following the unsubscribe options or by emailing us at Support@Travefy.com.
With Your express, written consent, we may send You communications via SMS. You may incur charges for these calls and text messages by Your telephone carrier. You acknowledge that Travefy will not be responsible for any such charges. To opt out of such SMS communications, You may respond to any text You receive on Your mobile device with the word “STOP” or email us at Support@Travefy.com
See our Privacy Policy for more information on other ways in which You may control how we communicate with You.
Assignment
Travefy may assign, transfer, or sub-contract any our rights or obligations under these Terms to any third party at our discretion.
Termination of the Services
We reserve the right to make any changes to the Services in any manner and to deny or terminate Your access to the Services, even if You have an Account, in our sole discretion.
No Waivers
Unless modified in a writing signed by both parties, these warranty terms, conditions, and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of Travefy or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to the warranty made herein.
Severance
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder shall continue in full force and effect.
Contact Us
If You have any questions about the Services or these Terms, please contact us at Support@Travefy.com.
Client and Travefy (the “Parties”) are each party to the attached Volume Seat Program Seat License Agreement (the “License Agreement”), as amended from time to time, pursuant to which Travefy Processes (as defined below) certain Client Personal Data (as defined below) in connection with the provision of the Services (as defined in the License Agreement).
1. DEFINITIONS
1.1 In this Data Processing Addendum (“DPA”), the following terms shall have the following meanings and shall be construed accordingly:
1.1.1 "Approved Subprocessor" means as defined in Clause 5.1;
1.1.2 "DP Law" means the Data Protection Act 2018, the GDPR, the E-Privacy Directive (2002/58/EC), and all other applicable laws and regulations relating to the Processing of Personal Data, including any legislation that implements or supplements, replaces, repeals, and/or supersedes any of the foregoing;
1.1.3 "EEA" means the European Economic Area;
1.1.4 "GDPR" means the EU General Data Protection Regulation 2016/679;
1.1.5 "Client Personal Data" means any Personal Data Processed by Travefy on behalf of Client pursuant to or in connection with the License Agreement;
1.1.6 "Standard Contractual Clauses" means the standard contractual clauses for the transfer of Personal Data from the EEA to Data Processors established in third countries as set out in the Annex to European Commission Decision 2010/87/EU, (or any subsequent clauses that may amend or supersede such standard contractual clauses);
1.1.7 "Subprocessor" means any person (including any third party, but excluding an employee of Travefy or any employee of its sub-contractors) appointed by or on behalf of Travefy to Process Personal Data on behalf of Client in connection with the License Agreement; and
1.1.8 "Travefy Personnel" means any employee, agent or contractor of Travefy.
1.2 The terms, "Data Controller", “Data Processor”, “Data Protection Impact Assessments”, "Data Subject", "Personal Data", "Personal Data Breach", "Processing", and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
1.3 The word "include" shall be construed to mean include without limitation, and cognate terms shall be construed accordingly.
2. PROCESSING OF CLIENT PERSONAL DATA
2.1 The Parties acknowledge and agree that for the purposes of DP Law, Client is the Data Controller and Travefy is the Data Processor of any Client Personal Data Processed by Travefy on behalf of Client in connection with its provision of the Services.
2.2 Travefy warrants and undertakes that it shall:
2.2.1 comply with all applicable obligations which may arise under DP Law in connection with its Processing of Client Personal Data;
2.2.2 not Process Client Personal Data other than as contemplated by this DPA, or pursuant to Client’s documented instructions;
2.2.3 Process Client Personal Data solely for the purposes of providing the Services unless Processing is required by any applicable DP Law to which Travefy is subject, in which case Travefy shall to the extent permitted by any applicable DP Law inform Client of that legal requirement before the relevant Processing of that Personal Data; and
2.3 Schedule 1 sets out certain information regarding Travefy’s Processing of the Client Personal Data under the License Agreement as required by Article 28(3) of the GDPR. Client may make reasonable amendments to Schedule 1 by written notice to Travefy from time to time as Client reasonably considers necessary to meet those requirements. Nothing in Schedule 1 (including as amended pursuant to this Clause 2.3) confers any right or imposes any obligation on any Party.
3. SUPPLIER PERSONNEL
3.1 Travefy shall take reasonable steps to ensure the reliability of any Travefy Personnel who may have access to the Client Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Client Personal Data, as strictly necessary for the performance of the Services, and to comply with any applicable DP Law in the context of that individual's duties to Travefy.
3.2 Travefy shall ensure that all such individual Travefy Personnel referred to in Clause 3.1 are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities, and are subject to confidentiality undertakings or professional or statutory obligations of confidentiality. Travefy shall ensure that such confidentiality obligations survive the termination of the Travefy Personnel engagement.
4. SECURITY
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Travefy shall in relation to the Client Personal Data implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk, including at least those set out in Schedule 2 of this DPA and as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2 In assessing the appropriate level of security, Travefy shall take account in particular of the risks that are presented by its Processing, in particular from a Personal Data Breach.
5. SUBPROCESSING
5.1 Travefy shall give Client prior written notice of the intended appointment of any Subprocessor, including full details of the Processing to be undertaken by the Subprocessor. Travefy shall not appoint (nor disclose any Client Personal Data to) any Subprocessor except with the prior written consent of Client (with such Subprocessor becoming an “Approved Subprocessor”).
5.2 With respect to each Approved Subprocessor, Travefy shall:
5.2.1 before the Approved Subprocessor first Processes Client Personal Data, carry out and document adequate due diligence to ensure that the Subprocessor is capable of providing the level of protection for Client Personal Data required by measures referred to in Article 32(1) of the GDPR and those set out in Schedule 2;
5.2.2 ensure that the arrangement between Travefy and the Approved Subprocessor is governed by a written contract including terms which offer at least the same level of protection for Client Personal Data as those set out in this DPA and meet the requirements of Article 28(3) of the GDPR; and
5.2.3 if the engagement of the Approved Subprocessor involves a transfer of Client Personal Data outside the EEA, ensure that the transfer complies with all applicable requirements of DP Law.
5.3 Travefy shall procure that each Approved Subprocessor performs the obligations under Clauses 2, 3, 4, 6, 7, 8, 9 and 10 as they apply to Processing of Client Personal Data carried out by that Subprocessor as if it were party to this DPA in place of Travefy.
6. DATA SUBJECT RIGHTS
6.1 Taking into account the nature of the Processing, Travefy shall at its own cost assist Client by implementing appropriate technical and organisational measures, insofar as this is possible, to enable Client to comply with its obligations to respond to requests to exercise Data Subject rights under applicable DP Law relating to Client Personal Data Processed by Travefy.
6.2 Travefy shall:
6.2.1 promptly notify Client if Travefy or any Approved Subprocessor receives a request from a Data Subject under any applicable DP Law in respect of Client Personal Data; and
6.2.2 ensure that neither Travefy nor any Approved Subprocessor shall respond to that request except on the documented instructions of Client or as required by any applicable DP Law to which it is subject, in which case Travefy shall to the extent permitted by any applicable DP Law inform Client of that legal requirement before it responds to the request.
7. PERSONAL DATA BREACH
7.1 Travefy shall immediately (and without undue delay) notify Client upon Travefy or any Approved Subprocessor of becoming aware of a verified Personal Data Breach affecting Client Personal Data, providing Client with all necessary information to allow Client to meet any obligations to report or inform Data Subjects of the Personal Data Breach under DP Law.
7.2 Travefy shall, at its own cost, co-operate fully with Client (and/or its advisors as applicable) in respect of the Personal Data Breach and take all reasonable commercial steps as are directed by Client to assist in the investigation, mitigation and remediation of each such Personal Data Breach, including without limitation:
7.2.1 co-operating with Client (and/or its advisors as applicable) and any Supervisory Authorities; providing information on the Personal Data Breach; investigating the incident and its cause; and securing and recovering the compromised Client Personal Data; and
7.2.2 co-ordinating with Client (and/or its advisors as applicable) on the management of public relations and public statements relating to the Personal Data Breach. For the avoidance of doubt, Travefy shall not make any public statement in relation to the Personal Data Breach.
8. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
Travefy shall, at its own cost, provide reasonable assistance to Client with any Data Protection Impact Assessments and consultations with the Information Commissioner’s Office or any other competent Supervisory Authority, in each case solely in relation to Processing of Client Personal Data by Travefy and/or its Approved Subprocessor(s).
9. DELETION OR RETURN OF TRAVEFY PERSONAL DATA
9.1 Subject to Clause 9.2, in the event of termination or expiry of the Services, the License Agreement or this DPA for any reason (the “Cessation Date”), Client may in its absolute discretion by written notice to Travefy require Travefy to:
9.1.1 return a complete copy of all Client Personal Data to Client by secure file transfer in such format as is reasonably notified by Client to Travefy; and/or
9.1.2 delete and procure the deletion of all other copies of Client Personal Data Processed by Travefy and any Approved Subprocessor.
Travefy shall comply with any such written request within 14 days of the Cessation Date.
9.2 Travefy and any Approved Subprocessor may retain Client Personal Data solely to the extent required by any applicable DP Law and only to the extent and for such period as required by any applicable DP Law and always provided that Travefy shall ensure (and procure) the confidentiality of all such Client Personal Data and shall ensure that such Client Personal Data is only Processed as necessary for the purpose(s) specified by any applicable DP Law requiring its storage and for no other purpose.
9.3 Travefy shall upon Client’s reasonable request provide written certification to Client’s satisfaction, that it has fully complied with this Clause 9.
10. AUDIT RIGHTS
10.1 Travefy shall make available to Client on request, and at its own cost, all information necessary to demonstrate compliance with this DPA, and shall allow for and contribute to reasonable audits and access, including inspections, by Client or an auditor mandated by Client in relation to the Processing of the Client Personal Data by Travefy or its Approved Subprocessor(s) as required by Article 28(3)(h) of the GDPR.
10.2 Once per calendar year commencing on the date 12 months after the date of this DPA, Travefy shall, at its own cost, supply to Client a report from its own internal audit of its Processing activities in so far as they relate to the Client Personal Data to enable Client to verify that Travefy is in compliance with its obligations under this DPA. Such report shall include, but shall not be limited to, descriptions of Travefy’s security control policies and procedures, including a statement on the operating effectiveness of those policies and procedures and remediation plans for any deficiencies.
10.3 Travefy may redact any confidential or commercially sensitive information from such audit reports before providing copies to Client as described above. Travefy shall be responsible for promptly remediating, at its cost, all failures, deficiencies and risks identified in such audit reports.
11. INTERNATIONAL DATA TRANSFERS
11.1 The Parties acknowledge that, Client Personal Data will be processed in the United States pursuant to the under the License Agreement. To the extent any Client Personal Data is transferred to Travefy for processing from the EEA, such transfer shall be in compliance with the Standard Contractual Clauses.
11.2 Travefy undertakes not to transfer any Client Personal Data outside of the United States without:
11.2.1 Client’s prior written consent; and
11.2.2 complying with and executing with Client the Standard Contractual Clauses (as may be amended, updated, replaced or reissued from time to time) in respect of the transfer of Client Personal Data outside of the EEA.
11.3 The Parties agree that all terms and provisions of the Standard Contractual Clauses shall be incorporated by reference to this DPA with the same force and effect as though fully set forth in this DPA, save that Appendix 1 of the Standard Contractual Clauses shall be replaced by Schedule 1 of this DPA and Appendix 2 of the Standard Contractual Clauses shall be replaced by Schedule 2 of this DPA.
11.4 Travefy hereby agrees to comply with the data importer obligations set out in the Standard Contractual Clauses in respect of the transfer of Client Personal Data outside of the EEA in connection with Travefy’s obligations under the License Agreement.
11.5 To the extent that the Standard Contractual Clauses are updated, replaced, amended or re-issued by the European Commission (with the updated Standard Contractual Clauses being the “New Contractual Clauses”) during the term of the License Agreement:
11.5.1 the New Contractual Clauses shall be deemed to replace the Standard Contractual Clauses and the Parties undertake to be bound by the terms of the New Contractual Clauses effective as of the date of the update; and
11.5.2 Travefy shall, at Client’s request, execute a form of the New Contractual Clauses.
12. INDEMNITY
12.1 Travefy shall indemnify and hold harmless Client against any actual, direct, and non-contingent damages, loss, liability, costs and expenses incurred by Client arising directly or indirectly out of or in connection with any breach by Travefy of this DPA by, or any act or omission of, Travefy, any Approved Subprocessor or Travefy Personnel. Travefy shall not be required to indemnify Client to the extent that any loss is caused by the negligence of Client.
12.2 Notwithstanding any other provision of this Clause 12, for the purposes of this DPA, losses for which Travefy assumes responsibility and which shall be recoverable by Client shall include, but not be limited to, the following:
12.2.1 costs and expenses of reconstituting or reloading lost or corrupted data damaged due to the negligent or more culpable acts or omissions of Travefy;
12.2.2 losses, costs and expenses arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any Supervisory Authority, any other regulator or any Data Subject) against Client to the extent arising out of the negligent or more culpable acts or omissions of Travefy; and
12.2.3 direct and immediate costs and expenses related to mitigating a Personal Data Breach (including but not limited to credit and fraud monitoring and Data Subject notification expenses) to the extent such Personal Data Breach is a direct result of the Processing of Client Personal Data and it arises from a negligent or more culpable act or omission by Travefy.
12.3 TRAVEFY SHALL IN NO EVENT, UNDER THIS SECTION 12 OR OTHERWISE, BE LIABLE TO CUSTOMER FOR LOST REVENUE, PROFITS, OR BUSINESS OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TRAVEFY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT FULLY SATISFY ANY LOSSES BY CUSTOMER.
12.4 Without limiting or diminishing Travefy’s obligation to indemnify or hold Client harmless, Travefy shall procure and maintain or cause to be maintained commercially reasonable cyber and general liability insurance coverages during the term of this DPA and shall supply Client with proof of such insurance upon reasonable request by Client no more often than once per year.
13. GENERAL TERMS
Order of priority
13.1 Nothing in this DPA shall be intended to reduce, restrict or limit Travefy's obligations under the License Agreement in relation to the protection of Personal Data.
13.2 In the event of conflict or inconsistency between the provisions of this DPA and the License Agreement, this DPA shall prevail.
13.3 No provision of the License Agreement shall have the effect of excluding, restricting or limiting Travefy’s obligations or Client’s rights under this DPA.
13.4 For the avoidance of doubt, each Party shall bear its own costs incurred in connection with the preparation, negotiation, execution and performance of this DPA.
Changes in DP Law, etc.
13.5 In the event of any change in, or decision of a competent authority under, the applicable DP Law, the Parties shall mutually agree in good faith on any amendments or changes to this DPA, and the Parties shall reasonably agree in good faith on a timeline for ensuring that such amendments or changes become applicable to Approved Subprocessors.
Severance
13.6 Should any provision of this DPA be invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall be either:
13.6.1 amended as necessary to ensure its validity and enforceability, while preserving the Parties’ intentions as closely as possible or, if this is not possible
13.6.2 construed in a manner as if the invalid or unenforceable part had never been contained therein.
Termination
13.7 This DPA shall automatically terminate if the License Agreement is terminated or expires.
13.8 Client may terminate the License Agreement with immediate effect by giving written notice to Travefy if Travefy commits a breach of any term of this DPA.
Governing law and jurisdiction
13.9 This DPA and all non-contractual or other obligations arising out of or in connection with it shall be governed by and construed as set out in the License Agreement.
Schedule 1
Details of Processing
For the purposes of Article 28(3) of the GDPR;
DATA SUBJECTS
The Client Personal Data transferred concern the following categories of Data Subjects:
Users of the Travefy website and other services
CATEGORIES OF PERSONAL DATA
The Client Personal Data transferred may concern the following types/categories of Personal Data:
Name
Location
Personal Preferences
Travel Details
Financial Information
The Client Personal Data described above may include but will not be limited to:
Information related to certain Data Subjects who are clients of Client, for whom Client is making travel arrangements. This may include storing financial information for billing purposes or for paying certain third parties.
NATURE / PURPOSE OF PROCESSING
The Client Personal Data transferred is to be Processed by Travefy as necessary to perform the Services pursuant to the License Agreement and as further instructed by Client in its use of the Services.
LOCATION OF PROCESSING
ALL CLIENT PERSONAL DATA IS PROCESSED AND STORED IN THE UNITED STATES.
We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party's intellectual property rights. If your copyright-protected work was posted on Travefy's Site or Services without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should be sent by the copyright owner or an agent authorized to act on the owner's behalf.
Be advised that the name you enter as copyright owner will be published on the Travefy Site in place of the turned off content. If you can give us a valid legal alternative, such as a company name or the name of an authorized representative, we'll review and apply it if appropriate. The name will become part of the public record of your request, along with your description of the work(s) allegedly infringed. All other information, including your full legal name and email, are part of the full takedown notice, which may be given to the uploader.
If you choose to submit a copyright takedown request, remember that you're starting a legal process. The below steps set out the process by which you can submit a takedown request. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These requirements must be followed to give Travefy legally sufficient notice of infringement. Send copyright infringement complaints to:
Travefy Incorporated
Attn: David Chait, CEO
Email: copyright@travefy.com
We suggest that you consult your legal advisor before filing a DMCA notice with Travefy's copyright agent. There can be penalties for false claims under the DMCA.