1. Who these Terms are between
These Terms are an agreement between WanderBuddy Inc, a Delaware corporation ("WanderBuddy", "we", "us"), and the travel agency, tour operator or other business that signs up for or uses WanderBuddy's services for agencies ("you"). The person who accepts these Terms confirms they are allowed to bind that business.
Anyone using the WanderBuddy app as a traveller does so under our Terms of Service, not these Terms.
2. The services
The services for agencies are:
- the agency CRM at your own address on wanderbuddyapp.com, with its inbox, pipeline, itineraries, trips, payment records, invoices, suppliers and team tools;
- listings of your trips on WanderBuddy, where travellers can find them and hold a spot;
- the live trip in the WanderBuddy app and the trip assistant on WhatsApp, which answers your travellers from the documents you give it;
- the connections you choose to set up, such as your own WhatsApp number, Instagram account and Google Drive.
The services change over time. We will tell you before we remove a feature you use.
3. Your account and your team
You keep sign-in details private, add only people who work for you or on your behalf, and remove people who leave. You are responsible for what happens under your accounts. Tell us straight away at [email protected] if you think an account has been misused.
4. Fees and payment
The fees for the services are set out in your order, proposal or invoice from WanderBuddy (your "order"). Unless your order says otherwise:
- a setup fee is due before setup starts;
- subscriptions are billed a year in advance and renew for another year unless either side gives notice at least 30 days before the renewal date;
- fees do not include taxes, which you pay where they apply;
- fees already paid are not refundable, except where the law requires a refund;
- if a payment is more than 15 days late, we may pause the services after telling you.
Listing your trips on WanderBuddy is free unless your order says otherwise. Where travellers pay for your trips through WanderBuddy, the booking fee and when and how we pay you are set out in your order.
5. Your trips and your content
- You are the seller and organiser of every trip you list or run through the services. You are responsible for the trip itself, its price and inclusions, the safety of your travellers, and any licences, insurance and permits the law requires where you operate.
- You set and honour your own terms with your travellers, including deposits, cancellations and refunds.
- Your listings, itineraries and everything else you upload must be accurate and lawful, and you must have the right to use them.
- You allow WanderBuddy to host, display, format and translate your content to run the services and show your listings, for as long as you use the services and for a reasonable time afterwards to wind them down.
6. Your travellers' data
- You collect and use your travellers' personal data on your own lawful basis, and give them any notice the law requires.
- We handle the traveller data you put into the services for you, as your processor, under our Data Processing Terms, which are part of these Terms. They cover our role, AI, the providers we use, security, breaches, travellers' requests and deletion. More detail is on our security page. We don't sell traveller data and don't use it for advertising.
- You can ask us for a copy of your records at any time. When the services end, we delete your records within 90 days unless the law requires us to keep them longer.
7. AI features
The trip assistant, drafted replies and itinerary tools use AI. They work from the material you provide, but they can make mistakes, so check anything before you send or rely on it. The trip assistant cannot book, change or cancel anything. Passport, ID and card numbers are removed before anything reaches an AI model.
8. Other providers
Connections to WhatsApp and Instagram (Meta), Google and payment providers are also governed by those providers' own terms. We are not responsible for their outages or decisions, such as a provider restricting your number or account.
9. Acceptable use
You will not use the services to send spam or unsolicited bulk messages, break the rules of the providers above, copy or resell the services, scrape them, try to get around their security, or harm travellers, other agencies or WanderBuddy.
10. Confidentiality
Each side keeps the other's non-public business information confidential and uses it only for this agreement, except where the law requires disclosure.
11. Ownership of the services
WanderBuddy owns the software, the app and the platform. While you are a customer, you have the right to use the services under these Terms. If you send us feedback, we may use it freely.
12. Suspension and ending
You can stop using the services at any time; fees already paid are not refunded unless your order or the law says so. We may suspend or end the services if you seriously break these Terms and don't put it right within 15 days of our notice, or straight away where that is needed to protect travellers, other agencies or the platform, or where the law requires it. Sections that by their nature continue after the services end (such as fees owed, confidentiality, liability and governing law) keep applying.
13. Warranties
We provide the services with reasonable skill and care. Beyond that, and as far as the law allows, the services are provided as they are, without other promises, including any promise that they will be uninterrupted or bring you bookings or revenue.
14. Limits on liability
Neither side is liable for indirect or consequential losses, or for lost profits, revenue, goodwill or data. Each side's total liability under these Terms is limited to the fees you paid WanderBuddy in the 12 months before the claim. These limits do not apply to fees you owe, to your obligations in section 15, to breaches of confidentiality, or where the law does not allow them.
15. Claims about your trips
You will defend WanderBuddy against, and cover our losses from, any claim by a third party that arises from your trips, your content, your dealings with your travellers or your breach of the law or these Terms.
16. Changes to these Terms
We may update these Terms. We will tell you by email or in the CRM at least 30 days before a change that reduces your rights takes effect. If you keep using the services after that, the updated Terms apply.
17. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from these Terms, and both sides agree to them. Before either side goes to court, we will each try in good faith to settle the dispute for 30 days after one side tells the other about it in writing.
18. General
- These Terms and your order are the whole agreement between us about the services. If they conflict, your order wins.
- Neither side may transfer this agreement without the other's consent, except to a business that takes over all or most of its operations.
- We send notices to the email address on your account. Send yours to [email protected].
- If part of these Terms can't be enforced, the rest still applies. Not enforcing a right straight away does not mean giving it up.
- Neither side is responsible for delays caused by events outside its reasonable control.
Contact
WanderBuddy Inc · [email protected]