1. Scope of Application

1.1. These General Terms and Conditions ("Terms") apply to all users of the services accessible through https://tripsly.app (the “Website”) and Tripsly the mobile application (the “App”) (the “Services”) (The “User” or “You”) provided by Tysonian Inc. (“Tysonian”, the “Company” or “Us” or “We”) registered at the address 131 Continental Dr, Suite 305, Newark, 19713, New Castle county, Delaware, United States, insofar as no individual contractual agreements have been made.

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1.2.  You can access these Terms on our website (https://tripsly.app) or within the App at any time, allowing you to view, download, save, or read them whenever you need. Additionally, you can access and print them during the account creation process.

1.3. The version of the Terms valid at the time of the conclusion of a contract shall apply.

 

2. Services
 

2.1. Tripsly helps You and your friends connect and cross paths while traveling, by providing a platform where travel itineraries, plans, calendars, and wish lists can be saved, shared, and viewed by You and your friends.

2.2.  Additionally, Tripsly caters to You a range of travel articles and experiences based on your preferences and which you later can change. Tripsly also allows you to view and save these articles for future travel.

2.3. Tripsly allows You to save and delete your old trips on your profile page.

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3. Use of the Services

3.1. Account Registration

3.1.1.  To use and access the Services, you must create an account ("User Account" or "Account") by following the registration process in the App or on the Website. During registration, you will need to provide certain personal information, including your name, birthdate, city and country of residence, travel purpose, preferences, email address, and choose a password. Registration is free, but it is not guaranteed. By submitting your registration, you are offering to enter into a user agreement (the "Contract") with Tripsly, governed by these General Terms and Conditions. If Tripsly accepts your registration, you will receive a confirmation email, which finalizes the Contract. Each user is allowed to register only once.

3.1.2.  By registering, you confirm that (i) you have the legal capacity to enter into binding contracts; (ii) all the registration details you provide are accurate and truthful; (iii) you will ensure that this information remains accurate and complete in the future; and (iv) your use of the Services complies with all applicable laws.

3.2. Free Services

Our Services are offered to you free of charge, but you are required to register a User Account to access them.

 

4. Termination

4.1.  By the User
 

4.1.1.  You have the right to terminate your account at any time by following the account deletion procedures available within the app or by contacting our support team. Upon termination, you will lose access to any content, data, or services associated with your account. Please note that termination of your account does not relieve you of any obligations under these Terms that have accrued prior to termination, including payment obligations, if applicable.
 

4.2. By Tripsly

4.2.1.  We reserve the right to suspend or terminate your account at any time, without notice or liability, for any reason, including but not limited to your breach of these Terms, illegal activities, or misuse of our Services. We may also take extraordinary measures to suspend or terminate your use of the Services immediately, without prior notice, if warranted by the circumstances, particularly in cases of fraud, bullying or harassment of other users, use of stolen or fraudulent identity information, or engagement in unauthorized business activities.
 

4.2.2.  We reserve the right to suspend or terminate your account at our sole discretion, with or without cause, and even if you have not violated any specific terms or conditions. This action may be taken at any time and without prior notice, as we deem necessary to protect the integrity of our Services or for any other reason we consider appropriate.

 

4.2.3.  We reserve the right to suspend or terminate your account without notice if you are found to be engaging in any activities that misuse our platform. This includes, but is not limited to, spamming, hacking, distributing malware, attempting to gain unauthorized access to our systems, disrupting our services, or engaging in any actions that harm or pose a threat to other users. Such actions are strictly prohibited and will result in immediate termination of your access to our Services.

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4.2.4.  In the event of account termination, your access to all services, content, and data associated with the account will be immediately revoked, and you will not be entitled to any refunds.

 

5. Liability

 

5.1.  In cases of simple negligence, our liability is limited to breaches of essential contractual obligations. These essential obligations are those that are fundamental to the execution of this contract and upon which the other party can typically depend.
 

5.2.  The liability mentioned in the previous clause 5.1 is limited to damages that are typical and foreseeable at the time the contract is formed.
 

5.3.  The limitation of liability also extends to our employees, representatives, and agents in the same manner.


6. Disclaimer

6.1.  Tripsly is a platform where You and Your friends can share travel plans and find inspiration for future adventures through the content provided on the platform. While we aim to provide users with access to excellent features, content, and experiences, we do not guarantee the performance or quality of services offered by third-party providers featured on Tripsly.
 

6.2.  Tripsly provides travel-related content, such as articles on activities and experiences. These pieces reflect the opinions of the writers and are intended to offer guidance and advice to app users.

 

7. Intellectual Property

7.1.  Tripsly grants the User a non-exclusive, non-sublicensable, and non-transferable right, which is time-limited and can be revoked at any time, to access and use the Services through the Website or App provided by Tripsly, strictly for the purposes outlined in these Terms. Any additional use of the Website or App, including but not limited to the images, characters, icons, or product descriptions displayed, is not allowed without Tripsly’s explicit permission.

7.2.  When using the Website or App, you are prohibited from copying, altering, or creating derivative works from the displayed information or the software associated with the Services. Additionally, it is not allowed to extract (such as through "scraping") or reuse the information from the Services outside of the Website or App.


8. Indemnification

The User agrees to indemnify and hold Tripsly harmless from any claims made against Tripsly due to the User's violation of legal requirements or prohibitions outlined in these Terms. The User is also responsible for covering all costs incurred by Tripsly, including the reimbursement of costs of necessary legal representation.


9. Availability

Tripsly does not guarantee that the Website and/or App will be available at all times or that services will be transmitted correctly or without technical issues. While Tripsly strives to provide continuous access to the Website and App, interruptions may occur due to maintenance or technical problems. Users are not entitled to any claims resulting from such downtimes. Additionally, Tripsly does not ensure that all services can be accessed from any location. Tripsly reserves the right to modify or update the Website or App without prior notice, in response to legal requirements or technological advancements. Furthermore, Tripsly may delete parts or the entirety of the Website and/or App, or suspend the service temporarily or permanently, without prior notice.


10. Performance Delays & Technical Requirements

10.1   Tripsly is not liable for delays in performance caused by force majeure or extraordinary and unforeseeable events that cannot be avoided even with the utmost care (such as strikes or government and judicial orders). In such cases, Tripsly is entitled to delay the provision of services for the duration of the event.
 

10.2   The use of Tripsly's services requires the User to have compatible equipment and reliable internet access, which must be arranged at the User's own cost and responsibility. Tripsly is not responsible for any loss or improper transmission of information or services due to the User's failure to meet these requirements.
 

10.3   Tripsly may use third-party applications to provide its services at no additional cost to the User. It is the User's responsibility to ensure that they meet the service requirements of any third-party applications to access the Services.
 

11. Data Protection

To provide our services, it is necessary for us to process certain personal data from our users. The processing of this data is governed by our Privacy Policy, which is accessible here, on our website, and within the app. Our Privacy Policy outlines the specific personal data we collect, the purposes for which it is processed, and the legal basis for such processing.

12. Changes to these Terms

We retain the right to modify these Terms at any time without prior notice. It is recommended that you review the most current version of these Terms before using our Services.


13. Miscellaneous

13.1   The language governing this contract is English.

13.2   The contractual relationship between the parties is governed by the laws of the State of Delaware, United States. If you are a User residing outside the United States, the contract will still be governed by U.S. law unless mandatory laws of your country of residence state otherwise.
 

13.3   If you do not have a general place of jurisdiction in the United States, have moved your permanent residence abroad after these Terms took effect, or if your place of residence is unknown when legal action is initiated, the exclusive jurisdiction for all disputes arising from this contract will be at our registered office.
 

13.4   If any individual provision of these Terms is found to be invalid, the validity of the remaining provisions will not be affected. The invalid provision will be replaced by a mutually agreed provision that aligns with the intent of the original. This approach also applies to any gaps in these Terms.

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