Mobile App Terms of Services

Last Updated: January 9, 2026
Effective Date: January 8, 2026

1. Agreement to Terms

By downloading, installing, or using the TravelSmart mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and NewEcom AI ("Company," "we," "our," or "us").

2. Eligibility

To use TravelSmart, you must:

- Be at least 18 years of age
- Have the legal capacity to enter into a binding agreement
- Be a travel professional or operating a travel-related business
- Provide accurate and complete registration information

3. Description of Service

TravelSmart is an AI-powered mobile application designed for independent travel agents that:

- Processes natural language travel requests
- Searches third-party travel suppliers for flights, hotels, and experiences
- Generates personalized travel itineraries
- Creates client proposals and quotes
- Tracks bookings and commissions

3.1 Service Limitations

The App:
- Does **NOT** directly book travel services
- Does **NOT** hold travel inventory
- Does **NOT** process payments for travel bookings
- Provides information from third-party sources that may change

4. User Accounts

4.1 Account Registration

You must create an account to use TravelSmart. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use

4.2 Account Termination

We may suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Misuse the App or third-party services
- Fail to pay applicable fees (if any)

You may delete your account at any time through the App settings.

5. Acceptable Use Policy

5.1 You Agree To:

✅ Use the App only for lawful purposes
✅ Respect intellectual property rights
✅ Maintain confidentiality of client information
✅ Comply with all applicable travel industry regulations
✅ Use accurate information when creating itineraries

5.2 You Agree NOT To:

❌ Share your account credentials with others
❌ Use the App to generate spam or misleading content
❌ Attempt to reverse engineer or modify the App
❌ Circumvent usage limits or security measures
❌ Use automated scripts to access the service
❌ Impersonate another person or entity
❌ Upload malicious content or code
❌ Use the App for any illegal purpose

6. Third-Party Services

6.1 Travel Supplier APIs

TravelSmart integrates with third-party services including:
- **Amadeus** - Flight and hotel search
- **OpenAI** - Natural language processing
- **Google Places** - Place details, ratings, and reviews
- **Viator** - Tours and experiences

These services are governed by their own terms and privacy policies. We are not responsible for their availability, accuracy, or actions.

6.2 Google Places Data

Ratings, reviews, and place information displayed in the App are sourced from Google Places. This data:
- Is provided for informational purposes only
- May not reflect current conditions or ratings
- Is subject to Google's Terms of Service
- Should be verified independently before making recommendations

6.3 Booking Responsibility

**IMPORTANT:** When users book travel through supplier links:
- The contract is between you/your client and the supplier
- We are not a party to any travel booking
- We do not guarantee availability, pricing, or service quality
- Cancellation and refund policies are set by suppliers

7. Intellectual Property

7.1 Our Intellectual Property

The App, including its design, features, content, and code, is owned by NewEcom AI and protected by copyright, trademark, and other intellectual property laws.

You may not:
- Copy, modify, or distribute the App
- Use our trademarks without permission
- Remove any proprietary notices

7.2 Your Content

You retain ownership of content you create using the App (client data, itineraries, proposals). By using the App, you grant us a limited license to process this content solely to provide the service.

7.3 Feedback

If you provide feedback or suggestions about the App, you grant us the right to use this feedback without compensation or attribution.

8. Pricing and Payment

8.1 Current Pricing Model

TravelSmart may be offered as:
- Free with usage limits
- Subscription-based
- Pay-per-use

Current pricing is displayed in the App and App Store. We reserve the right to change pricing with 30 days' notice.

8.2 API Costs

You are responsible for any API costs incurred through your use of the App, including OpenAI and Amadeus API charges if you provide your own API keys.

8.3 Refunds

Subscription refunds are handled according to Apple's App Store policies.

9. Disclaimers

9.1 "AS IS" Provision

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OF INFORMATION
- UNINTERRUPTED SERVICE

9.2 Travel Information Disclaimer

⚠️ **IMPORTANT:**

- Travel information (prices, availability, schedules) comes from third-party sources
- Information may be outdated, inaccurate, or subject to change
- Always verify travel details directly with suppliers before booking
- We are not responsible for errors in third-party data

9.3 AI-Generated Content

Content generated by AI (itineraries, suggestions) is:
- Provided for informational purposes only
- Not guaranteed to be accurate or complete
- Subject to your professional review before sharing with clients

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWECOM AI SHALL NOT BE LIABLE FOR:

- Indirect, incidental, special, or consequential damages
- Lost profits, revenue, or data
- Business interruption
- Damages arising from third-party services
- Damages arising from travel bookings

10.2 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.3 Exceptions

Some jurisdictions do not allow limitation of certain damages. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless NewEcom AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

- Your use of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Travel bookings made through supplier links
- Client disputes related to your services

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@travelsmart.app to attempt informal resolution.

12.2 Arbitration Agreement

Any disputes not resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association.

**Class Action Waiver:** You agree to resolve disputes individually and waive any right to participate in class actions.

12.3 Exceptions

This arbitration agreement does not apply to:
- Claims for injunctive relief
- Intellectual property disputes
- Small claims court matters

12.4 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms in the App
- Updating the "Last Updated" date
- Sending a notification for significant changes

Continued use of the App after changes constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NewEcom AI regarding the App.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, war, pandemics, etc.).

15. Contact Information

For questions about these Terms:

Email: legal@newecom.ai
Support: support@newecom.ai

Address:
NewEcom AI
915 Shore Acres Drive
Mamaroneck
10543 New York
U.S.A

16. Acknowledgment

BY USING TRAVELSMART, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

*These Terms of Service were last reviewed and updated on January 9, 2026.*