This Terms of Use Agreement ("Agreement") is entered into between TripSquee LLC ("Company") and the user ("User") of the TripSquee® mobile application ("App") provided by the Company. By accessing or using the App, the User agrees to be bound by the terms and conditions of this Agreement.
1.1. By accessing or using the App, the User acknowledges that they have read, understood, and agree to be bound by this Agreement.
1.2. If the User does not agree to all the terms and conditions of this Agreement, they must not access or use the App.
2.1. The App provides a platform that allows Users to browse, search, and book hotels and other travel-related services ("Services").
2.2. The Company reserves the right to modify or discontinue, temporarily or permanently, any part of the App or Services with or without notice to the User.
2.3. The Company shall not be liable to the User or any third party for any modification, suspension, interruption, or discontinuation of the App or Services.
3.1. In order to access certain features or Services of the App, the User may be required to create a user account.
3.2. The User agrees to provide accurate, current, and complete information during the registration process.
3.3. The User is solely responsible for maintaining the confidentiality of their account credentials and for any activities or actions that occur under their account.
3.4. The User agrees to notify the Company immediately of any unauthorized access to or use of their account.
4.1. The App and its original content, features, and functionality are owned by the Company and are protected by intellectual property laws.
4.2. The User agrees not to copy, modify, distribute, sell, lease, or create derivative works based on the App or any part thereof without the Company's prior written consent.
5.1. The User agrees to use the App and Services only for lawful purposes and in accordance with this Agreement.
5.2. The User shall not:
a) Violate any applicable laws or regulations;
b) Impersonate any person or entity or misrepresent their affiliation with any person or entity;
c) Engage in any activity that could harm, disable, overburden, or impair the App or interfere with any other party's use of the App;
d) Attempt to gain unauthorized access to any portion or feature of the App or Services;
e) Upload or transmit any viruses, worms, or other malicious code.
6.1. The User acknowledges that the Company acts only as an intermediary facilitating bookings between the User and hotels or other service providers.
6.2. The User agrees to review and comply with the terms and conditions, cancellation policies, and any additional requirements of the hotels or service providers before making a booking.
6.3. The User is responsible for providing accurate payment information to aforementioned hotels and/or booking services. Any issues or problems must be resolved through said services, not through the Company.
6.4. The Company may collect and process the User's personal information in accordance with its Privacy Policy.
7.1. The App and Services are provided on an "as is" and "as available" basis without any warranties of any kind.
7.2. The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of the information provided through the App.
7.3. The Company disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.1. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the App, Services, or Bookings.
8.2. The User agrees that the total liability of the Company, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the User, if any, for using the Services.
9.1. The User agrees to indemnify and hold the Company and its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with the User's use of the App or Services or violation of this Agreement.
10.1. The Company reserves the right to suspend or terminate the User's access to the App or Services at any time without prior notice or liability.
10.2. Upon termination, the User's right to use the App and Services will immediately cease.
11.1. This Agreement shall be governed by and construed in accordance with the laws of Massachusetts, United States of America.
11.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Massachusetts, United States of America.
12.1. This Agreement constitutes the entire agreement between the User and the Company regarding the use of the App and Services, superseding any prior agreements or understandings.