Effective Date: December 5th, 2023
These Terms of Service ("Terms") govern your use of TourCheckout ("the Software"), provided by TourCheckout ("we", "us", or "our"). By accessing or using the Software, you agree to be bound by these Terms.
1. License and Use
1.1 License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Software for your personal or internal business purposes.
1.2 Restrictions: You agree not to: (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Software; (b) modify, adapt, alter, translate, or create derivative works of the Software; (c) decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software; (d) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Software.
2. Account and Security
2.1 Account: To use certain features of the Software, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.2 Security: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. Intellectual Property
3.1 Ownership: The Software and all intellectual property rights therein are and shall remain our property or the property of our licensors. These Terms do not grant you any right, title, or interest in or to the Software except as expressly set forth herein.
4. Privacy
4.1 Data Collection: We may collect and use personal information in accordance with our Privacy Policy. By using the Software, you consent to the collection and use of your data as described therein.
5. Disclaimer of Warranties
5.1 No Warranties: The Software is provided on an "as is" and "as available" basis. We make no warranties or representations about the suitability, reliability, availability, timeliness, security, or accuracy of the Software.
6. Limitation of Liability
6.1 Limitation: In no event shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Software.
7. Governing Law and Dispute Resolution
7.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles.
7.2 Dispute Resolution: Any dispute arising out of or relating to these Terms or the Software shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
8. Amendments
8.1 Changes to Terms: We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to our website or notifying you through the Software. Your continued use of the Software after changes constitute acceptance of the revised Terms.
9. Contact Us
9.1 Questions: If you have any questions or concerns about these Terms, please contact us at support@tourcheckout.com.