Privacy Policy
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This Privacy Policy is entered into between TourIQ, Inc. (“TourIQ”), a Delaware corporation, and the customer identified in the applicable Order Form (“Customer”), and is effective as of the date of the first Order Form (the “Effective Date”).
1. Services
1.1 Access
Subject to this Agreement and the applicable Order Form, TourIQ grants Customer a non-exclusive, non-transferable right to access and use TourIQ’s SaaS dynamic pricing platform and related integrations with third-party booking platforms (such as FareHarbor, Peek Pro, and Ventrata) (the “Services”) during the subscription term, solely for Customer’s internal business purposes.
1.2 Restrictions
Customer shall not
(a) reverse engineer the Services,
(b) use the Services to build a competing product, or
(c) sublicense or resell the Services.
2. Fees
2.1 Payment
Customer shall pay all fees set forth in the Order Form. Unless otherwise stated, fees are due net thirty (30) days from the invoice date, are non-refundable, and exclude taxes. Overdue amounts may accrue interest at 1.5% per month, and TourIQ may suspend Services for non-payment.
3. Term and Termination
3.1 Term
This Agreement begins on the Effective Date and continues for the subscription term in the Order Form, automatically renewing for successive one-year terms unless either party gives thirty (30) days’ written notice of non-renewal.
3.2 Termination
Either party may terminate for material breach uncured within thirty (30) days of written notice. Upon termination, all rights and licenses cease, and TourIQ will deactivate any pricing engines or override containers it created on Customer’s booking platforms.With service providers
4. Confidentiality
4.1 Obligations
Each party shall protect the other’s non-public business, technical, and commercial information (“Confidential Information”) with reasonable care, use it only for purposes of this Agreement, and not disclose it to third parties except to personnel and advisors bound by similar obligations. This section survives for three (3) years after termination.
5. Data
5.1 Customer Data
Customer retains all rights in data submitted to or collected through the Services on its behalf (“Customer Data”). TourIQ may use Customer Data only to provide the Services, and may use anonymized and aggregated data to operate, improve, and benchmark the Services.
6. Warranties and Disclaimers
6.1 Pricing Recommendations
Pricing recommendations generated by the Services are advisory and produced by automated and machine-learning models. Customer retains final authority over all prices published to its end customers and is solely responsible for revenue, occupancy, and other business outcomes. TourIQ does not warrant any specific financial result and is not responsible for outages, errors, or behavior of third-party booking platforms.
6.2 Disclaimer
Except as expressly stated, the Services are provided “AS IS” and TourIQ disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
7.1 Cap
To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, or consequential damages, including lost profits or revenue. Each party’s total liability under this Agreement shall not exceed the fees paid by Customer in the twelve (12) months preceding the claim. This cap does not apply to breaches of confidentiality or Customer’s payment obligations.
8. General
8.1 Governing Law
This Agreement is governed by the laws of the State of Delaware. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
8.2 Miscellaneous
This Agreement, together with all Order Forms, is the entire agreement between the parties and supersedes any prior agreements. Amendments require a writing signed by both parties. If any provision is held unenforceable, the remainder remains in effect. Notices to TourIQ may be sent to legal@touriq.ai.