Terms of Service

Welcome to Itinerata. These Terms of Service ("Terms") govern your access to and use of the Itinerata platform, including our website, mobile applications, and all related services (collectively, the "Service"), operated by VisitProof LLC, a Delaware limited liability company ("VisitProof," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

1. Eligibility and Account Registration

1.1 Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement. If you are under 18, you may only use the Service with the involvement and consent of a parent or legal guardian.

1.2 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account.

1.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2. Description of Service

Itinerata is a collaborative platform designed for planning and managing multi-day social events, including but not limited to weddings, corporate retreats, family reunions, and destination celebrations. The Service enables users to:

• Create and manage event itineraries
• Communicate with event participants through announcements and messaging
• Share media and photographs with event attendees
• Coordinate schedules and logistics across multiple participant groups
• Send notifications and updates to event participants

We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Content

3.1 Your Content

The Service allows you to upload, submit, store, send, and receive content, including but not limited to text, photographs, images, videos, and other materials ("User Content"). You retain all intellectual property rights in and to your User Content, subject to the license granted below.

3.2 License Grant

By uploading User Content to the Service, you grant VisitProof a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating, providing, and improving the Service. This license terminates when you delete your User Content or your account, except to the extent your User Content has been shared with others who have not deleted it.

3.3 Content Representations

You represent and warrant that: (a) you own or have the necessary rights to use and authorize us to use your User Content; (b) your User Content does not violate any third party's intellectual property, privacy, or other rights; and (c) your User Content complies with these Terms and all applicable laws.

3.4 Content Removal

We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion, including content that we determine violates these Terms or may be harmful, objectionable, or inaccurate.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, regulation, or third-party rights
• Using the Service to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Attempting to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service
• Using any robot, spider, scraper, or other automated means to access the Service without our express written permission
• Reverse engineering, decompiling, or disassembling any portion of the Service
• Removing, altering, or obscuring any proprietary notices on the Service
• Using the Service to send unsolicited promotional or commercial content
• Collecting or harvesting any information from the Service, including user data, without authorization

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by VisitProof, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. This license does not include the right to: (a) modify or copy the Service; (b) use the Service for any commercial purpose; (c) make any derivative use of the Service; or (d) use data mining, robots, or similar data gathering methods.

5.3 Trademarks

"Itinerata," "VisitProof," and all related names, logos, product and service names, designs, and slogans are trademarks of VisitProof or its affiliates. You may not use such marks without our prior written permission.

6. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by VisitProof. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that VisitProof shall not be responsible or liable for any damage or loss caused by or in connection with use of any such content or services.

The Service may integrate with third-party services, including but not limited to cloud storage providers, payment processors, and communication platforms. Your use of such third-party services is subject to those services' terms and privacy policies.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VISITPROOF DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Service will be accurate or reliable; (c) the quality of any products, services, information, or other material obtained through the Service will meet your expectations; or (d) any errors in the Service will be corrected.

You understand and agree that you use the Service at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from your use of the Service.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISITPROOF, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS.

IN NO EVENT SHALL VISITPROOF'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE AMOUNTS PAID BY YOU TO VISITPROOF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

9. Indemnification

You agree to indemnify, defend, and hold harmless VisitProof and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another party; or (e) your violation of any applicable law. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@itinerata.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or VisitProof may bring a formal proceeding.

10.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language in Wilmington, Delaware, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND VISITPROOF AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. Additionally, claims for small claims court may be brought in a court of proper jurisdiction.

11. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware for any disputes not subject to arbitration.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by contacting us at support@itinerata.com or through the account settings in the Service. Upon termination, your User Content may be deleted, except as required by law or as necessary for legitimate business purposes.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes becoming effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VisitProof regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

VisitProof shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15. Contact Information

If you have any questions about these Terms, please contact us at: