Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OpenTide ("Company," "we," "us," or "our"), governing your access to and use of the OpenTide web application, progressive web application, and all related services, content, features, and functionality (collectively, the "Service") available at https://www.opentide.app.

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.

1. Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use this Service. By using the Service, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.

2. Account Registration

To access certain features of the Service, you must create an account. You agree to: (a) provide accurate, current, and complete registration information; (b) maintain and promptly update your information; (c) maintain the security and confidentiality of your login credentials; and (d) accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Service Description and Platform Flexibility

OpenTide provides a digital travel guide and discovery platform that may include, but is not limited to: interactive maps, curated location listings, AI-powered concierge and itinerary generation, event calendars, community-submitted points of interest, heatmaps, business listings, booking integrations, and related features. Content may be generated or assisted by humans, automation, artificial intelligence, or a combination thereof.

We may add, modify, suspend, remove, restrict, or discontinue any feature, listing, content category, destination guide, AI feature, map layer, event listing, recommendation, heatmap, or any other part of the Service at any time, with or without notice. Your continued use of the Service following any such change constitutes acceptance of the updated Service.

4. Purchases and Payment

4.1 Pricing

Certain features of the Service require a one-time payment or other purchase ("Purchase"). The applicable price will be clearly displayed before you complete any Purchase. All prices are in United States Dollars (USD) unless otherwise stated.

4.2 Payment Processing

Payments are processed by a secure third-party payment processor. By making a Purchase, you authorize us and our payment processor to charge the payment method you provide. We do not store or have access to your full payment card information. Your payment may also be subject to the payment processor's own terms, privacy notice, and security procedures.

4.4 Future Pricing and Subscription Changes

We reserve the right to modify pricing at any time. Price changes will not affect existing Purchases. If we later offer subscriptions or new paid features, your prior Purchase will continue to provide access to the content or feature scope described at the time of purchase, unless otherwise stated. Future features, destinations, premium tools, subscriptions, updates, or expansions may require additional payment.

4.5 Sponsored and Affiliate Placements

The Service may include links, referrals, sponsored placements, affiliate links, booking links, promotional offers, or third-party integrations. We may receive compensation when users click, book, purchase, or interact with certain third-party offers. Sponsored, paid, or affiliate placements may be identified where required by applicable law.

5. License and Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Service content;
• Use data mining, robots, scraping, crawling, or similar data-gathering methods;
• Decompile, reverse-engineer, or disassemble any portion of the Service;
• Transfer your account or access rights to any third party;
• Use the Service, content, listings, images, reviews, maps, data, or outputs to train, fine-tune, validate, benchmark, or develop artificial intelligence models, machine learning systems, datasets, competing products, directories, maps, or recommendation engines without our prior written consent; or
• Bypass paywalls, access controls, rate limits, geographic restrictions, usage limits, security measures, or technical restrictions. We may use technical, legal, and operational measures to detect and prevent misuse.

6. User-Submitted Content

6.1 Submissions

You may submit content to the Service, including place suggestions, business listings, reviews, photos, comments, and other materials ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, use, reproduce, modify, adapt, publish, translate, display, distribute, promote, and create derivative works from your User Content in connection with operating, improving, marketing, and providing the Service. This license continues for as long as necessary for those purposes, including where your content has been shared, displayed, cached, backed up, incorporated into listings, or used in aggregated or de-identified form.

6.2 Representations

You represent and warrant that: (a) you own or have the necessary rights to submit the User Content; (b) the User Content does not infringe upon the intellectual property, privacy, or other rights of any third party; and (c) the User Content does not contain false, misleading, defamatory, or unlawful material.

6.3 Moderation

We may, but are not obligated to, review, edit, refuse, remove, demote, restrict, or display User Content at our discretion, including content that we believe is inaccurate, outdated, promotional, abusive, unlawful, infringing, misleading, low-quality, irrelevant, or otherwise inconsistent with our standards or community guidelines. We are not liable for any failure to remove, or delay in removing, content that violates these Terms.

6.4 Public Visibility

If you submit reviews, place suggestions, business information, comments, photos, or other content intended for display, that content may be visible to other users, businesses, search engines, or the public, depending on the feature. Do not submit information you do not want displayed publicly or used in connection with the Service.

7. AI-Generated Content

The Service may use artificial intelligence or automated systems to generate concierge responses, itineraries, summaries, heatmaps, and other recommendations. AI-generated and automated content may be inaccurate, outdated, incomplete, or unsuitable for your circumstances.

AI-GENERATED CONTENT, AUTOMATED SUGGESTIONS, MAPS, POPULARITY INDICATORS, HEATMAPS, ITINERARIES, AND CONCIERGE RESPONSES ARE NOT PROFESSIONAL TRAVEL, LEGAL, MEDICAL, SAFETY, TRANSPORTATION, EMERGENCY, IMMIGRATION, VISA, FINANCIAL, OR SECURITY ADVICE. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING CURRENT CONDITIONS, ENTRY REQUIREMENTS, TRANSPORTATION AVAILABILITY, WEATHER, ROAD CONDITIONS, ACCESSIBILITY, HEALTH ADVISORIES, LOCAL LAWS, AND PERSONAL SAFETY RISKS BEFORE ACTING ON ANY INFORMATION PROVIDED THROUGH THE SERVICE.

8. Third-Party Businesses and Listings

We do not own, operate, control, endorse, or guarantee any third-party business, attraction, event, restaurant, tour provider, transportation provider, accommodation, venue, or point of interest listed or referenced through the Service. Any interaction, booking, purchase, visit, communication, or transaction between you and a third party is solely between you and that third party. We are not responsible for third-party acts, omissions, availability, pricing, safety, quality, accuracy, or compliance with law.

The Service may display, reference, link to, or integrate with third-party websites, maps, businesses, venues, payment processors, authentication providers, advertising partners, and other services. Your use of third-party services is governed by their own terms and policies.

9. Business Listings

If you are a business representative submitting or claiming a listing, you represent that you are authorized to do so and agree to provide accurate, current, and complete information. We may request verification, reject claims, correct information, remove listings, or limit access to business tools at any time. We do not guarantee that any business listing, sponsored placement, profile, promotion, or submission will generate traffic, leads, bookings, sales, visibility, ranking, revenue, or customer engagement.

10. Rankings, Recommendations, and Search

Search results, recommendations, map pins, heatmaps, "popular" indicators, categories, and rankings may be based on a combination of editorial judgment, user activity, location, availability, relevance, quality signals, paid placements, personalization, automation, and other factors. We do not guarantee that results are complete, neutral, chronological, or exhaustive. We reserve full discretion over how content is ranked, displayed, or promoted.

11. Intellectual Property

The Service and all associated content, features, and functionality - including text, graphics, logos, icons, images, audio clips, data compilations, software, and the compilation thereof - are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or its content beyond the limited license in Section 5.

12. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems or networks;
• Interfere with or disrupt the integrity or performance of the Service;
• Transmit viruses, malware, or other harmful code;
• Use the Service to send unsolicited communications or spam;
• Impersonate any person or entity, or misrepresent your affiliation;
• Scrape, harvest, or use automated means to collect data without our written consent;
• Use the Service or its outputs to develop AI models, competing products, or commercial data products without our written consent;
• Circumvent access controls, paywalls, or technical restrictions; or
• Share, resell, sublicense, or commercially exploit your account access or paid content without our written consent.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INCLUDING PLACE LISTINGS, BUSINESS HOURS, PRICING, SAFETY CONDITIONS, TRAVEL RECOMMENDATIONS, OR AI-GENERATED CONTENT. LOCAL CONDITIONS MAY CHANGE WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING INFORMATION BEFORE ACTING UPON IT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY UNITED STATES DOLLARS ($50.00), WHICHEVER IS GREATER.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any User Content you submit.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. Any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction and venue of such courts.

17. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the revised Terms on the Service with an updated "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

18. Termination

We may terminate or suspend your account and access to the Service, at our sole discretion, for any reason, including breach of these Terms, without prior notice or liability. Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination (including Sections 6, 8, 11, 13, 14, 15, and 16) shall survive.

19. Severability and Entire Agreement

If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, representations, and understandings.

20. Contact

For questions about these Terms, contact us at:
Email: contact@opentide.app
Website: https://www.opentide.app