Effective Date: January 1st, 2025

Tripian, Inc. (“Tripian,” “we,” “us,” or “our”) provides access to its services (“Service”) subject to the following Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“you” or “user”) and Tripian. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Definitions

• “Site” refers to the Tripian website and any related applications.
• “User” means any individual who accesses or uses the Site, including travelers and curators.
• “Content” includes all forms of data, text, images, audio, video, and other materials available through the Site.
• “Your Content” means content you submit, post, or transmit via the Site.
• “User Content” means content submitted by users.
• “Tripian Content” means content created by Tripian.
• “Third Party Content” means content provided by parties other than Tripian or users.
• “Site Content” refers collectively to all content made available through the Site.

2. Changes to Terms

Tripian may update these Terms at any time. The most current version will be posted on the Site, with the effective date indicated. Material changes will be communicated to you via email or notice on the Site prior to taking effect. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

3. Service Description

Tripian offers a paid subscription for self-guided travel itinerary planning in selected cities. Tripian provides itinerary suggestions and points of interest based on user requests. Tripian does not operate, own, sell, or manage any tours, activities, transportation, or related services. Tripian’s role is limited to providing itinerary suggestions. You acknowledge that following any recommendations is at your own risk, and Tripian is not liable for any loss, injury, or damages resulting from your use of the Service or participation in any recommended activities. You are solely responsible for complying with all applicable laws and regulations during your travels. Tripian recommends that you obtain appropriate travel insurance and review your policy for coverage and exclusions. While Tripian endeavors to provide accurate information, you are responsible for verifying all itinerary details, including routes, addresses, and hours of operation. Recommendations are based on the opinions of individuals partnering with Tripian and do not guarantee suitability or availability. Tripian does not control user-generated content and may, at its discretion, remove or restrict access to any content or profile without notice.

4. Refund Policy

All subscription fees are non-refundable. Tripian does not guarantee the suitability or availability of any recommendations and is not obligated to issue refunds for these reasons, except where required by applicable law.

5. Registration

• You must register for an account to access certain features. You are responsible for maintaining the confidentiality of your username and password and for all activities under your account. Notify Tripian immediately of any unauthorized use.
• By connecting your account to third-party services, you authorize Tripian to access and use information from those services as permitted by their terms.
• You must provide accurate and current information during registration and keep your account information updated. Tripian may terminate your account for providing false or misleading information.

6. Third-Party Services and Content

The Service may provide access to third-party services, products, or content (“Third-Party Services”). Tripian does not own, control, endorse, or assume responsibility for any Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and policies of those third parties. Tripian is not liable for any loss or damage arising from your use of Third-Party Services. You are responsible for taking precautions against viruses or other harmful components.

7. Transactions with Third Parties

Providers of Third-Party Services are independent and not agents or employees of Tripian. Tripian is not liable for any acts, omissions, or damages arising from your interactions with such providers. Your relationship with third-party providers is governed by their terms, and you are responsible for understanding and complying with all applicable terms, including payment obligations. You agree to release and hold harmless Tripian from any claims or disputes with third-party providers. If you are a California resident, you waive California Civil Code §1542 regarding unknown claims.

8. Billing and Payment

• Payment for Tripian services must be made using the methods specified on the payment screen. Tripian may aggregate purchases and process payments as a single transaction within a seven-day period.
• You are responsible for all taxes associated with your purchases. If Tripian is required to collect taxes, they will be added to your billing account.
• Purchases of Third-Party Services are subject to the terms of the respective provider. Ensure you understand all applicable terms before making a purchase.

9. Taxes

You are solely responsible for reporting and paying any taxes arising from your use of the Service.

10. Disclaimers and Limitations of Liability

The Service is provided “as is,” “with all faults,” and “as available.” To the fullest extent permitted by law, Tripian disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Tripian does not guarantee the accuracy, reliability, or availability of the Service or any content. Tripian is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of the Service or reliance on any content. Your sole remedy for dissatisfaction is to discontinue use of the Service. In no event will Tripian’s total liability exceed the greater of (i) the amount paid by you to Tripian in the twelve months preceding the claim, or (ii) $10, except where prohibited by law.

11. Feedback

By submitting feedback to Tripian, you grant Tripian a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and distribute your feedback for any purpose.

12. Privacy

Your use of the Service is subject to Tripian’s Privacy Policy, which is incorporated by reference. Please review the Privacy Policy for details on our collection, use, and disclosure of personal information.

13. Intellectual Property

Tripian and its licensors retain all rights, title, and interest in the Service and all related content. You may not reproduce, distribute, modify, or create derivative works from any part of the Service except as expressly permitted by these Terms. By submitting content, you grant Tripian a non-exclusive, transferable, royalty-free, worldwide license to use, modify, and distribute your content in connection with the Service.

14. Prohibited Conduct

You agree not to:

• Circumvent security features or access restrictions.
• Use automated means to access or collect data from the Service.
• Copy, modify, or distribute Service code.
• Access non-public areas or systems.
• Probe or test system vulnerabilities.
• Use the Service for unsolicited communications or spam.
• Reverse engineer any software related to the Service.
• Interfere with Service operation or other users.
• Impersonate others or misrepresent your affiliation.
• Violate intellectual property or other legal rights.
• Violate any applicable law.
• Submit content you do not have the right to provide.
• Upload or transmit infringing or unlawful content.

15. Termination

Tripian may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms or legal requirements. You may terminate your account at any time by contacting support@tripian.com. Tripian is not liable for any loss resulting from termination or modification of the Service.

16. Indemnification

You agree to indemnify and hold harmless Tripian and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys’ fees) arising out of your use of the Service, violation of these Terms, or infringement of any rights of a third party.

17. Disclaimer of Warranties

The Service is provided “as is” and “as available,” without any warranties. Tripian disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Tripian is not responsible for any errors, omissions, or inaccuracies in the Service or content. Some jurisdictions do not allow certain warranty exclusions, so some limitations may not apply to you.

18. Age Restriction

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

19. Governing Law and Arbitration

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any dispute arising under or relating in any way to these Terms shall be resolved exclusively through final and binding arbitration administered by the ADR Institute of Canada, Inc., in Toronto, Ontario. You and Tripian agree to waive any right to a trial by jury or to participate in a class action.

20. Force Majeure

Tripian shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor conditions, governmental actions, internet outages, and pandemics.

21. Contact Information

For questions regarding these Terms or the Service, contact us at support@tripian.com or by mail at:

Tripian, Inc.
5000 Yonge Street, Suite 1901
Toronto, ON, Canada
M2N 7E9

Last Revised: May 12, 2025