Terms of Service

Introduction

Gondola AI Inc. (“Gondola,” “we,” “us,” “our”) provides a next generation online travel agent that books travel for you the optimal way for your preferences and loyalty through its website located at [https://www.gondola.ai/] (the “Site”) and related services (collectively, such services, including any new features and any related applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). These Terms of Service are effective as of the date you first create an account with Gondola or otherwise use or access a Service, whichever is earlier. These Terms of Service do not have to be signed in order to be binding. You indicate your assent to these Terms of Service by creating an account or otherwise using a Service. If you are registering for an account or using the Service on behalf of an entity or other organization, you are agreeing to these Terms of Service for that entity or organization and representing to Gondola that you have the authority to bind that entity or organization to these Terms of Service (and, in which case, the terms “you” and “your” will refer to that entity or organization).

Important Information

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GONDOLA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at [https://www.gondola.ai/privacy]. All such terms are hereby incorporated by reference into these Terms of Service.

Changes

Gondola reserves the right to change these Terms of Service at any time. All changes to the Terms of Service will be posted on the Site or sent via email to the address associated with your account. You can review the most current version of these Terms of Service at any time at [https://www.gondola.ai/terms-of-service]. Your continued use of the Service after any changes have been made constitutes acceptance of the revised Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to any changes to the Terms of Service, your only remedy is to cease using the Service and send a cancellation email to support@gondola.ai.

Travel Products

Gondola does not provide, own or control any of the travel services and products that you may be able to access through the Services, such as flights, accommodations, rental cars, packages, or travel insurance (the "Travel Products"). The Travel Products are owned, controlled or made available by third parties (the "Travel Providers") either directly (e.g., airline) or as an agent (e.g., online travel agency). In addition to these Terms of Service, other terms and conditions provided by Travel Providers (such as an airline's conditions of carriage, a property's terms and conditions, or a car rental company's rental agreement, etc.) also apply to your booking (“Rules and Restrictions”). To make a booking, you must accept the Rules and Restrictions of the Travel Provider that you select (such as payment of due amounts, refundability, penalties, availability restrictions and use of fares or services, etc.). The relevant Rules and Restrictions are provided to you before you make a booking and are incorporated by reference into these Terms of Service. If you violate a Travel Provider's Rules and Restrictions, your booking may be cancelled and you may be denied access to the relevant Travel Service. You may also lose any money paid for such booking and we or the Travel Provider may debit your account for any costs we or they incur as a result of such violation.

Your interaction with any Travel Provider accessed through the Services is at your own risk.

1. Access and Use of the Service

Your Registration Obligations: You may be required to register with Gondola in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Gondola of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Gondola will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Gondola reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including with respect to any feature of any subscription plan related to the Service that may be offered by Gondola from time to time. You agree that Gondola will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Gondola may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Gondola's servers on your behalf. You agree that Gondola has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Gondola reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Gondola reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service may include certain services that are available via a mobile device (“Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Gondola and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Gondola account information to ensure that your messages are not sent to the person that acquires your old number.

By using the Services, you consent to receive prerecorded calls and information from us via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”): even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Gondola account information to ensure that your messages are not sent to the person that acquires your old number.

There is no additional charge for the Text Service: but your mobile carrier's standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

As described in the Text Service enrollment and welcome messages:including messages sent to a shortcode associated with the Text Service or by reply to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, Gondola makes such open source software, and Gondola's modifications to that open source software (if any), available by written request to contact@gondola.ai. Copyrights to the open source software are held by the respective copyright holders indicated therein.

2. Conditions of Use

User Conduct: You are solely responsible for all information, data, text, prompts, queries, scripts, images, messages and other materials (“content”) that you upload, submit, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Gondola. Gondola reserves the right to investigate and take appropriate legal action against anyone who, in Gondola's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree that:

• you will only use the Service for personal and non-commercial purposes;
• you must be at least 18 years of age and have the legal authority to enter into contracts;
• you will use our Service lawfully and in compliance with these Terms of Service;
• all information supplied by you is true, accurate, current and complete;
• if you have an account with us, you will:
• safeguard your account information;
• be responsible for any use of your account by you or others;
• if you book on behalf of others:
• you will obtain their authorization prior to acting on their behalf;
• you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to such terms;
• you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking;
• you will not make any false or fraudulent booking;
• you will not access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process;
• your will not email or otherwise transmit or upload any financial or medical information of any nature (including protected health information), any sensitive personal data (e.g., social security numbers, driver's license numbers, birth dates, personal bank account numbers, passport or visa numbers and credit card numbers), any personal data of children under 13 or the applicable age of digital consent, or any other data that is subject to regulatory or contractual handling requirements;
• you will not further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and
• you will not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Generated Output: Certain features of the Service permit you to provide prompts, scripts, queries or other input (collectively, “Input”) to the Service in order to receive output generated and returned by the Service based on such Input (“Output”). You agree not to state or suggest that Output was human-generated when it is not. The Service is not intended to be used, and you agree not to use the Service to generate any Output, for:

• any illegal activity;
• child sexual abuse material or any content that exploits or harms children;
• generation of hateful, harassing, or violent content;
• generation of viruses or malware;
• any activity that has high risk of physical harm;
• any activity that has high risk of economic harm;
• fraudulent or deceptive activity;
• adult content, adult industries or dating apps;
• political campaigning or lobbying;
• activity that violates people's privacy;
• unauthorized practice of law or offering tailored legal advice without a qualified person's review;
• offering tailored financial advice;
• diagnosing a certain health condition, or providing treatment instructions; providing diagnostic or treatment services for serious medical conditions; triaging or managing life-threatening issues that need immediate attention; or
• high risk decision-making.

In addition, you will comply with any third party terms, guidelines, policies or the like to which we link in connection with your generation of Output.

Ownership of Input and Output: As between you and us, and to the extent permitted by applicable law, you own all Input and, subject to your compliance with these Terms of Service and solely to the extent we obtain any ownership in any copyrights in your Output, we hereby assign to you our ownership interest in such copyrights to your Output. You are responsible for all Input and Output, including for ensuring that it does not violate any applicable law or these Terms of Service.

Accuracy: Use of the Service may in some situations result in incorrect Output that does not accurately reflect real people, places or facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output: You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms of Service, there are numerous limitations that apply with respect to artificial intelligence (AI)-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

Competitors: No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without express written permission from Gondola. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Gondola or any of its affiliates, or acting on behalf of a competitor of Gondola in using or accessing the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and/or provide Gondola information regarding your credit card or other payment instruments. You represent and warrant to Gondola that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Gondola (or the applicable Travel Provider) the amount specified, in accordance with the terms of such Travel Product or payment plan, and these Terms of Service. You hereby authorize Gondola to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Gondola know within sixty (60) days after the date that Gondola charges you. We reserve the right to change Gondola's plans and prices. If Gondola does change prices, Gondola will provide notice of the change on the Site or in email to you, at Gondola's option, at least 30 days before the change is to take effect. Your continued use of the Service after the renewal of your subscription after the price changes goes into effect the price change becomes effective constitutes your agreement to pay the changed amount.

Booking Travel Products: GONDOLA DOES NOT PROVIDE, OWN OR CONTROL ANY OF THE TRAVEL PRODUCTS MADE AVAILABLE TO YOU VIA THE SERVICES. The Travel Products are owned, controlled or made available by Travel Providers. Travel Products are provided by the applicable Travel Provider's terms and conditions, privacy policy, and all other relevant agreements, including (but not limited to), in the case of Expedia, Inc. (together with its affiliates, “Expedia”), Expedia's terms and conditions and other policies available at https://developer.expediapartnersolutions.com/terms/en (such terms and conditions, together with the applicable Travel Provider's terms and conditions and all other relevant agreements, the “Travel Product Supplier Terms and Conditions”). By agreeing to these Terms of Service, users booking Travel Products also agree to be bound by the applicable Travel Product Supplier Terms and Conditions, as may be modified by the applicable Travel Provider from time to time.

Pricing for Travel Products: The price of the Travel Service(s) will be as displayed on our Service, except in cases of obvious error. Prices for Travel Services are dynamic and can change at any time. Price changes will not affect bookings already accepted, except in cases of obvious error. We display many Travel Services, and we try hard to ensure that the displayed price is accurate. We reserve the right to correct any pricing errors on our Service. We have no obligation to make available Travel Services to you at an incorrect (lower) price even after you have been sent a confirmation for the booking of your Travel Services.

Payment Processing: In the event Gondola processes your payment information to make a booking on your behalf, we will do so using a third party payment. These payment processing services apply the applicable payment processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable payment processor from time to time. Gondola assumes no liability or responsibility for any payments you make through the Service. You represent and warrant to Gondola that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Gondola or the corresponding payment processor, as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur.

Refunds and Cancellations of the Service: Payments made by you hereunder for access to, and use of, the Services are final and non-refundable, unless otherwise determined by Gondola. You may cancel your subscription online by emailing us at support@gondola.ai.

Refunds and Cancellation of Travel Products: You do not have an automatic right to cancel or change a booking unless allowed by the relevant Travel Provider under their Rules and Restrictions (which are provided to you before you make a booking). Travel Providers may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date that the change is made.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

3. Intellectual Property Rights

Right to Use Services: Subject to your compliance with the terms and conditions of this Agreement, for so long as you have a valid account for the Service, Gondola hereby grants you a non-exclusive, non-transferable, revocable right, without the right to sublicense, to use the Service and Service Content (as defined below) for your internal purposes only. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services. You shall retain all copyright, trademark and other intellectual property rights notices contained on or in the Services or any Service Content. Any rights not expressly granted herein are reserved by Gondola.

Ownership of Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain graphics, content, templates or features (“Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Gondola, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Gondola, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Gondola from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). You agree to use the Service Content solely as part of your internal use of the Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. As between the parties and except for the licenses granted by this Agreement, Gondola retains all right, title, and interest, including all related intellectual property rights, in and to the technology and software underlying the Service or distributed in connection therewith, including Desktop Apps (“Software”). The Gondola name and logos are trademarks and service marks of Gondola (collectively the “Gondola Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Gondola. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Gondola Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Gondola Trademarks will inure to our exclusive benefit.

Services Content and Output: Under no circumstances will Gondola be liable in any way for any Services Content or Output, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of or damage of any kind incurred as a result of the use of any such Services Content or Output. Gondola and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Services Content or Output. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Services Content or Output.

No Professional Advice: Gondola not in the business of providing legal or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Gondola are non-confidential and Gondola will be entitled to the unrestricted use and dissemination of Gondola will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Content: You hereby grant Gondola and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable license to (a) copy, store, modify and otherwise use Input, other content that you upload or input through the Service or share with other users or recipients and Output Input, other content that you upload or input through the Service or share with other users or recipients and Output (collectively, “User Content”) in connection with the development, improvement or operation of the Service or other Gondola offerings and (b) display, upload, perform and otherwise distribute your User Content as instructed by you via the functionality offered by the Service (e.g., if you elect to publish any User Content publicly via the Service, you grant us all rights necessary to do so).

You acknowledge and agree that Gondola may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Gondola, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Aggregate Data: In addition, without limiting the foregoing, Gondola may use data and information related to your use of the Service or your User Content in an aggregate and/or anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregate Data"). As between Gondola and you, all right, title and interest in the Aggregate Data and all intellectual property rights therein, belong to and are retained solely by Gondola, and Gondola may make such Aggregate Data publicly available, and use such information to the extent and in operation of the Services ("Aggregate Data"). As between Gondola and you, all right, title and interest in the Aggregate Data and all intellectual property rights therein, belong to and are retained solely by Gondola, and Gondola may make such Aggregate Data publicly available, and use such information to the extent and in the manner it deems fit including without limitation, as required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement, service improvement and marketing, provided that no such Aggregate Data identifies you or any other individual.

Gondola AI Proprietary Information: You agree that all non-public business, technical, financial and other information learned or obtained by you relating to Gondola or its business, products or service (including the Service) constitutes “Proprietary Information.” You will hold in confidence and not disclose or, except as needed to use the Service as permitted hereunder, use any Proprietary Information. (including the Service) constitutes “Proprietary Information.” You will hold in confidence and not disclose or, except as needed to use the Service as permitted hereunder, use any Proprietary Information. Upon Gondola's request, you will promptly provide to Gondola all items and copies containing or embodying Proprietary Information.

4. Third Party Services and Distribution Channels

Third Party Services: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Gondola has no control over such sites and resources and Gondola is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Gondola will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Gondola is not liable for any loss or claim that you may have against any such third party.

Networking Services: We may provide functionality that allows you to log in to the Service via various online third party services, (“Networking Services”). To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Networking Services on the websites of their respective providers. ask you to authenticate, register for or log into Networking Services on the websites of their respective providers. As part of such integration, the Networking Services will provide us with access to certain information that you have provided to such Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. Please remember that the manner in which Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Gondola shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Gondola is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Networking Services. As such, Gondola is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Networking Services. Gondola enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

5. Indemnity

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Gondola Parties from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Service, any User Content, or your other access, contribution to, use or misuse of the Service. Gondola shall provide notice to you of any such claim, suit or demand. Gondola reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Gondola's defense of such matter. You may not settle or compromise any claim against the Gondola Parties without Gondola's written consent.

6. Disclaimer of Warranties

Gondola operates the Service and the Travel Providers provide the Travel Services to you.

To the maximum extent permitted by law, Gondola will not be liable for:

• any such Travel Services that the Travel Providers make available to you;
• for the acts, errors, omissions, representations, warranties or negligence of any such Travel Providers; or
• for any personal injuries, death, property damage or other damages or expenses resulting from the above.

GONDOLA PROVIDES TRAVEL PRODUCT OFFERINGS ON BEHALF OF TRAVEL PROVIDERS, AND RECOMMENDATIONS FOR TRAVEL SERVICES VIA THE SERVICES, FOR INFORMATIONAL PURPOSES ONLY. GONDOLA DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SUGGESTED TRAVEL PRODUCTS, ACTIVITIES, OR ANY THIRD-PARTY COMPANIES MENTIONED IN THE TRAVEL PRODUCTS. YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS, ACTIONS, AND ANY POTENTIAL RISKS ASSOCIATED WITH FOLLOWING THE SUGGESTED TRAVEL PRODUCTS AND/OR ITINERARIES. GONDOLA STRONGLY ADVISES YOU TO CONDUCT YOUR OWN RESEARCH, EXERCISE CAUTION, AND ADHERE TO LOCAL LAWS AND REGULATIONS DURING TRAVELS.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GONDOLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, GONDOLA MAKES NO WARRANTY THAT (I) THE SERVICE OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE OUTPUT OR OTHER RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OUTPUT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GONDOLA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GONDOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GONDOLA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GONDOLA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). IN ADDITION, WITHOUT LIMITING THE FOREGOING, GONDOLA WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM THAT IS DIRECTLY OR INDIRECTLY CAUSED BY THE USE OF THE SERVICE IN A HIGH RISK USE OR TO PROCESS PROHIBITED DATA. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

8. Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a) Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Gondola, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.

You and Gondola agree that the parties will go to court to resolve disputes relating to your or Gondola's intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents). Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.

You agree that, by entering into these Terms of Service, you and Gondola are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b) Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND GONDOLA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GONDOLA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c) Pre-Arbitration Dispute Resolution

Gondola is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@gondola.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Gondola should be sent to Gondola AI Inc., 111B S Governors Ave #6397 Dover, DE 19904, Attn: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Gondola and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Gondola may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Gondola or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Gondola is entitled.

d) Arbitration Procedures Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website,http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page,http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Gondola and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Gondola agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e) Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Gondola or you under the AAA Rules, Gondola and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Gondola will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Gondola will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

f) Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g) Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

h) Future Changes to Arbitration Agreement Notwithstanding any provision in these Terms of Service to the contrary, Gondola agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Gondola written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

9. Termination

You agree that Gondola, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Gondola believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Gondola may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Gondola may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Gondola will not be liable to you or any third party for any termination of your access to the Service. If you have subscribed to a Service, and Gondola terminates your account without cause, then either (i) such termination will be effective upon expiration of your subscription or (ii) Gondola will provide you with a pro rata refund of prepaid fees for the remaining term of the subscription.

10. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Gondola will have no liability or responsibility with respect thereto. Gondola reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

11. General

These Terms of Service constitute the entire agreement between you and Gondola and govern your use of the Service, superseding any prior agreements between you and Gondola with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Gondola agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Kent County, Delaware. The failure of Gondola to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service (other than claims or causes of action relating to your or Gondola's intellectual property) must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Gondola, but Gondola may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. For purposes hereof, the term “including” means “including without limitation”.

12. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Gondola AI Inc., 111B S Governors Ave #6397 Dover, DE 19904

13. Your Privacy

At Gondola, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

13. Copyright Complaints

Gondola respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Gondola of your infringement claim in accordance with the procedure set forth below.

Gondola will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Gondola's Copyright Agent at contact@gondola.ai (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Gondola AI Inc.

111B S Governors Ave #6397

Dover, DE 19904

Attn: Legal

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Gondola will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Gondola has adopted a policy of terminating, in appropriate circumstances and at Gondola's sole discretion, users who are deemed to be repeat infringers. Gondola may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.