Terms of Service

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and ChatYourTrip ("Company", "we", "us", or "our"), governing your access to and use of the website located at chatyourtrip.com and all related services (collectively, the "Service").

1.2 By accessing or using the Service, creating an account, or clicking "I agree" (or similar affirmation), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1.3 These Terms are governed by and construed in accordance with the laws of the Netherlands.

In these Terms, the following capitalised terms have the meanings set out below:

"Account" means the personal user account created by you to access the Service.

"AI Content" means any itineraries, routes, suggestions, recommendations, or other output generated by the Service using artificial intelligence, including Google Gemini AI.

"User Inputs" means any text, data, preferences, destinations, dates, interests, budget information, or other materials provided by you to the Service for the purpose of generating a trip itinerary.

"Generated Content" means any itineraries, day-by-day plans, routes, activity suggestions, maps, or other output produced by the Service in response to your User Inputs, generated using ChatYourTrip's infrastructure, API credits, and proprietary prompt logic.

"Content" means User Inputs and Generated Content collectively.

"Service" means the AI-powered trip planning platform accessible at chatyourtrip.com, including all features, tools, and functionalities offered therein.

"Third-Party Services" means any external services, APIs, platforms, or content integrated into or linked from the Service, including but not limited to Google Maps, Google Places API, and Google Gemini AI.

3.1 ChatYourTrip is an AI-powered trip planning platform. The Service enables you to describe a trip, and generates a day-by-day itinerary with maps, routes, and activity suggestions powered by Google Gemini AI and Google Maps.

3.2 The Service is currently provided free of charge. We reserve the right to introduce paid features, subscription plans, or affiliate programmes at any time, subject to prior notice and updated Terms where applicable.

3.3 The Service is provided on a software-as-a-service (SaaS) basis and is currently available as a web-based platform only.

4.1 To access the Service, you must create an Account by registering with a valid email address and password, or by authenticating through Google OAuth. You must verify your email address before your Account is fully activated.

4.2 You must be at least sixteen (16) years of age to create an Account and use the Service. If you are under 16 years of age, you may only use the Service with the verifiable consent of a parent or legal guardian. By creating an Account, you represent and warrant that you meet the applicable age requirement.

4.3 You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately at info@chatyourtrip.com if you become aware of any unauthorised use of your Account.

4.4 You agree to provide accurate, current, and complete information during registration and to keep your Account information up to date.

5.1 User Inputs. You retain ownership of your User Inputs. By submitting User Inputs through the Service, you grant ChatYourTrip an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable and transferable licence to use, reproduce, process, and transmit your User Inputs solely to the extent necessary to operate, maintain, and improve the Service, including transmitting User Inputs to Third-Party Services such as Google Gemini AI for the purpose of generating itineraries.

5.2 Generated Content.All Generated Content is the exclusive property of ChatYourTrip. Generated Content is produced using ChatYourTrip's infrastructure, API credits, and proprietary prompt logic, and does not constitute an original creative work authored by you. You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to access and use Generated Content solely for your own personal, non-commercial trip planning purposes. You may not reproduce, distribute, sell, or otherwise exploit Generated Content outside of the Service without the prior written consent of ChatYourTrip.

5.3 Representations. You represent and warrant that your User Inputs do not infringe the intellectual property rights or other rights of any third party.

6.1 The Service, including but not limited to its software, source code, algorithms, AI prompt logic, user interface, user experience design, branding, trademarks, logos, and all associated documentation, is the exclusive property of ChatYourTrip or its licensors and is protected by applicable intellectual property laws.

6.2 Nothing in these Terms grants you any right, title, or interest in the Service or any component thereof, other than a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms.

6.3 You shall not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, or create derivative works based on the Service or any part thereof, except to the extent expressly permitted by mandatory applicable law.

7.1 The Service uses Google Gemini AI and other automated tools to generate itineraries, routes, and activity suggestions. You acknowledge and agree that:

• AI Content is generated automatically and may contain inaccuracies, errors, outdated information, or inappropriate suggestions;
• AI Content does not constitute travel advice, professional advice, or a recommendation of any kind;
• you are solely responsible for verifying the accuracy, suitability, and safety of any AI Content before relying on it for travel planning or any other purpose;
• ChatYourTrip does not guarantee the availability, accessibility, quality, safety, or legality of any locations, routes, activities, or services suggested by the AI Content;
• trip data and preferences you provide are transmitted to Google Gemini AI for processing. By using the Service, you consent to this transmission.

7.2 ChatYourTrip shall not be liable for any loss, damage, injury, expense, or inconvenience arising from your reliance on AI Content, including but not limited to travel disruptions, cancellations, personal injury, or financial loss.

8.1 The Service integrates with and relies on Third-Party Services, including Google Maps, Google Places API, and Google Gemini AI. Your use of these Third-Party Services through the Service is subject to the applicable terms and privacy policies of those third-party providers.

8.2 ChatYourTrip is not responsible for the availability, accuracy, completeness, or reliability of any Third-Party Services or any content, data, or functionality provided through them.

8.3 The Service may contain links to third-party websites or resources. ChatYourTrip provides these links for convenience only and is not responsible for the content, products, or services offered by third parties. Accessing third-party links is at your own risk.

8.4 ChatYourTrip does not endorse and shall not be held liable for any third-party locations, businesses, services, or activities that appear in or are suggested through the Service, including through Google Maps or AI-generated suggestions.

9.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• use the Service for any illegal, fraudulent, or harmful purpose;
• attempt to gain unauthorised access to the Service, other user accounts, or any systems or networks connected to the Service;
• interfere with or disrupt the integrity, security, or performance of the Service;
• use automated scripts, bots, crawlers, or other automated means to access the Service without our prior written consent;
• use the Service to transmit malware, viruses, or other harmful code;
• circumvent, disable, or otherwise interfere with any security or access control features of the Service;
• use the Service in a manner that could damage, overburden, or impair the functioning of the Service;
• impersonate any person or entity or misrepresent your affiliation with any person or entity; or
• use any AI Content generated by the Service, or any output of the Service, to train, fine-tune, or otherwise develop any artificial intelligence or machine learning model without our prior written consent; or systematically extract, scrape, or harvest data from the Service by automated means without our prior written consent.

10.1 Your use of the Service is also governed by our Privacy Policy, available at chatyourtrip.com/privacy. The Privacy Policy explains how we collect, use, store, and protect your personal data.

10.2 By using the Service, you acknowledge that your trip data and preferences are transmitted to Google Gemini AI for the purpose of generating AI Content. This processing is necessary for the performance of the Service.

10.3 We process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and applicable Dutch data protection legislation.

10.4 For further information about your rights under the GDPR, including your rights of access, rectification, erasure, restriction, portability, and objection, please refer to our Privacy Policy or contact us at info@chatyourtrip.com.

11.1 The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by applicable law.

11.2 Without limiting the foregoing, ChatYourTrip expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and any warranties arising out of course of dealing or usage of trade.

11.3 ChatYourTrip does not warrant that:

• the Service will be available at all times, uninterrupted, secure, or error-free;
• the results or AI Content obtained through the Service will be accurate, reliable, or complete;
• any defects in the Service will be corrected.

11.4 No advice or information, whether oral or written, obtained by you from ChatYourTrip or through the Service shall create any warranty not expressly stated in these Terms.

11.5 This disclaimer does not affect your statutory rights as a consumer under applicable mandatory consumer protection laws, including the laws of the Netherlands implementing the Consumer Rights Directive (2011/83/EU).

12.1 To the maximum extent permitted by applicable law, ChatYourTrip, its directors, employees, agents, and affiliates shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, travel costs, travel disruptions, personal injury, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if ChatYourTrip has been advised of the possibility of such damages.

12.2 To the maximum extent permitted by applicable law, the total aggregate liability of ChatYourTrip for all claims arising out of or relating to these Terms or the Service shall not exceed the amount, if any, paid by you to ChatYourTrip in the twelve (12) months preceding the event giving rise to the claim. Where the Service is provided free of charge, ChatYourTrip's total aggregate liability shall not exceed one hundred euros (EUR 100).

12.3 Nothing in these Terms shall exclude or limit ChatYourTrip's liability for:

• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation;
• intentional misconduct (opzet) or gross negligence (grove schuld); or
• any other liability that cannot be excluded or limited under applicable mandatory law, including mandatory Dutch consumer protection law.

12.4 The limitations and exclusions set out in this Section 12 reflect a reasonable and fair allocation of risk between you and ChatYourTrip and form an essential basis of the agreement between the parties. The Service would not be provided to you without these limitations.

13.1 You agree to indemnify, defend, and hold harmless ChatYourTrip, its directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use or misuse of the Service;
• your breach of these Terms;
• your violation of any applicable law or regulation; or
• any Content you submit or create through the Service that infringes the rights of a third party.

13.2 To the extent that this indemnification obligation is limited by mandatory consumer protection laws applicable to you, such limitation shall apply.

14.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service ("Dispute"), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiations. Either party may initiate this process by sending a written notice to the other party describing the Dispute and the proposed resolution.

14.2 If the Dispute is not resolved within thirty (30) days of the initial written notice, either party may submit the Dispute to the competent courts of Rotterdam, the Netherlands, which shall have exclusive jurisdiction, subject to any mandatory jurisdictional rules applicable to consumers under the laws of their country of residence.

14.3 These Terms and any Dispute shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

14.4 To the maximum extent permitted by applicable law, you agree that any Dispute shall be resolved on an individual basis only. You waive any right to participate in any class action, collective action, consolidated action, or representative proceeding against ChatYourTrip, whether in court, arbitration, or any other forum.

14.5 If you are a consumer habitually resident in the European Union, you may also be entitled to submit a Dispute to the European Commission's Online Dispute Resolution (ODR) platform. The ODR platform can currently be accessed at https://ec.europa.eu/consumers/odr. If that link is no longer active, you can locate the current platform by searching "EU Online Dispute Resolution" on the European Commission's website at https://ec.europa.eu.

15.1 ChatYourTrip may, at its sole discretion, suspend or terminate your Account and access to the Service, in whole or in part, at any time and without prior notice, if:

• you breach any provision of these Terms;
• your use of the Service poses a security risk or may cause harm to the Service, other users, or third parties;
• we are required to do so by law or a governmental authority; or
• we discontinue the Service or any part thereof.

15.2 You may terminate your Account at any time by contacting us at info@chatyourtrip.com with a request to close your Account.

15.3 Upon termination of your Account, your right to access and use the Service shall immediately cease. Sections of these Terms that by their nature should survive termination shall continue in full force and effect, including but not limited to Sections 5 (User Content and Intellectual Property), 6 (Proprietary Rights), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 16 (Account Deletion and Data Retention).

16.1 Upon termination or closure of your Account, ChatYourTrip shall delete your personal data within thirty (30) days, unless retention is required or permitted by applicable law, including for the following purposes:

• compliance with a legal obligation under European Union or Dutch law;
• the establishment, exercise, or defence of legal claims;
• archiving purposes in the public interest, scientific or historical research, or statistical purposes, subject to appropriate safeguards.

16.2 Notwithstanding Section 16.1, ChatYourTrip may retain anonymised and aggregated data derived from your Content indefinitely, provided that such data cannot be used to identify you directly or indirectly. Such anonymised data remains the property of ChatYourTrip.

16.3 Upon deletion of your Account, you will no longer have access to any Content associated with your Account. ChatYourTrip shall have no obligation to provide copies of your Content after your Account has been deleted. If you wish to exercise your right to data portability under Article 20 GDPR, you must submit your request to info@chatyourtrip.com before closing your Account. We will respond to portability requests within thirty (30) days in accordance with applicable data protection law.

17.1 ChatYourTrip reserves the right to modify or replace these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last updated" date at the top of these Terms. Where required by applicable law, we will provide you with additional notice (such as an email notification or in-app alert) before material changes take effect.

17.2 Your continued use of the Service after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must stop using the Service and close your Account.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and ChatYourTrip with respect to the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and ChatYourTrip.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

Waiver. The failure of ChatYourTrip to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be confirmed in writing by ChatYourTrip.

Assignment. ChatYourTrip may assign or transfer these Terms, in whole or in part, without restriction and without your consent. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of ChatYourTrip.

Force Majeure. ChatYourTrip shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, power failures, internet disruptions, or failures of Third-Party Services.

Language. These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

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

ChatYourTrip - Email: info@chatyourtrip.com