Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “Agency”, or “you”) and Itiner (“Company”, “we”, “us”) governing your access to and use of the Itiner platform at itiner.app (“Service”).

These Terms are governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019 where applicable.

Note: This is a template for informational purposes. Consult a qualified attorney for legal advice specific to your situation.

1. Acceptance of Terms

By registering for or using the Service, you confirm that:

• You are at least 18 years of age and legally capable of entering into a binding contract under the Indian Contract Act, 1872.
• If you are accepting on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Itiner is a Software-as-a-Service (“SaaS”) platform that enables travel agencies and independent travel advisors to:

• Create, manage, and share trip itineraries
• Generate client-facing portals for travellers
• Use AI-assisted tools for itinerary drafting
• Manage agency branding and team collaboration

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Account Registration and Security

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must immediately notify us of any unauthorised use of your account at thenavital@gmail.com.
• We are not liable for any loss resulting from unauthorised use of your account where you have failed to maintain credential security.
• One person or legal entity may not maintain more than one free account. Multiple accounts created to circumvent plan limits will be terminated.

4. Subscription, Billing, and Payments

• Plans: The Service is offered on free and paid subscription tiers. Paid plan features and pricing are published at itiner.app/pricing.
• Billing: Paid subscriptions are billed in advance on a monthly or annual cycle. All prices are in Indian Rupees (INR) unless stated otherwise and are inclusive of applicable GST.
• GST: Goods and Services Tax (GST) will be charged as applicable under the CGST Act, 2017. You must provide valid GST details if you require a tax invoice.
• Renewal: Subscriptions renew automatically unless cancelled before the renewal date.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not offer pro-rata refunds for unused periods.
• Refunds: Refunds are not provided except where required by applicable Indian law or in cases of billing error on our part. Requests must be submitted within 7 days of the charge.
• Price Changes: We will provide 30 days' notice of price changes. Continued use after the effective date constitutes acceptance of new pricing.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable Indian law, regulation, or court order
• Infringe the intellectual property rights of any third party
• Upload, transmit, or store content that is defamatory, obscene, or in violation of the IT Act, 2000 or the Indian Penal Code
• Conduct phishing, spam, or any form of deceptive activity
• Attempt to gain unauthorised access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated means to scrape or extract data from the Service without written permission
• Resell or sublicense the Service without our prior written consent
• Upload malicious code, viruses, or content that disrupts the Service

Violation of this section may result in immediate suspension or termination of your account, with or without notice.

6. Intellectual Property

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

You are the Data Fiduciary for personal data of your clients that you enter into the Service. You are responsible for ensuring you have obtained all necessary consents from your clients to process their data using the Service, in compliance with the Digital Personal Data Protection Act, 2023.

We act as a Data Processor in respect of your clients' data. Our data processing obligations are described in our Data Processing Agreement.

8. Service Availability and SLA

We aim to provide 99.5% uptime for the Service. Scheduled maintenance will be communicated in advance. We are not liable for downtime caused by:

• Circumstances beyond our reasonable control (force majeure)
• Third-party infrastructure failures (Supabase, Vercel, etc.)
• Misuse of the Service by you or third parties

9. Limitation of Liability

To the fullest extent permitted by applicable Indian law:

• The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Itiner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
• Our total aggregate liability to you for any claim arising from your use of the Service shall not exceed the amount you paid to us in the 3 months immediately preceding the event giving rise to the claim, or INR 5,000, whichever is higher.

Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded under mandatory Indian law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Itiner, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) your violation of applicable law; or (d) your infringement of any third-party rights.

11. Termination

• By You: You may terminate your account at any time by deleting it from account settings or contacting us.
• By Us: We may suspend or terminate your account immediately for violation of these Terms, non-payment, or conduct that we determine to be harmful to the Service or other users. We will provide notice where practicable.
• Effect of Termination: Upon termination, your right to use the Service ceases. You may request a data export within 30 days before your account is permanently deleted. Sections 6, 9, 10, 12, and 13 survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved as follows:

• Step 1 — Negotiation: Parties will attempt to resolve the dispute through good-faith negotiations for 30 days.
• Step 2 — Arbitration: If negotiation fails, disputes will be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be New Delhi, India. The arbitration will be conducted in English by a sole arbitrator appointed by mutual agreement.
• Step 3 — Courts: For interim relief or enforcement, the courts at New Delhi, India shall have exclusive jurisdiction.

Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.

13. General

• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and Itiner.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger or acquisition.
• Notices: Legal notices to us must be sent by email to thenavital@gmail.com. We may send notices to your registered email address.
• Force Majeure: Neither party is liable for delays caused by circumstances beyond reasonable control, including natural disasters, government actions, or internet infrastructure failures.

14. Contact

For questions about these Terms: thenavital@gmail.com