Terms of Use

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://voyagelabs.ai/, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Voyage Labs takes the privacy of its users very seriously. For the current Voyage Labs Privacy Policy, please click here

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at [email protected]

You will be required to sign up for an account and provide us with certain information or data, such as your name and email address. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your account identifier a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial travel planning purposes, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. Without limiting the foregoing, you may not use the Services to operate or support a travel agency, travel advisory business, or any other commercial enterprise. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account credentials with anyone, and you must protect the security of your account and password. You’re responsible for any activity associated with your account.

Collaborative Features. The Services may allow you to invite other individuals (“Invited Users”) to view or edit travel plans and related Content within your account. Each Invited User must create his or her own Voyage Labs account and independently agree to these Terms prior to accessing or using the Services. You are not permitted to share your account credentials with Invited Users or allow any individual to access the Services through your account. Voyage Labs shall not be responsible or liable for any actions taken by Invited Users, including any modifications to your travel plans or Content.

Third-Party Personal Information. In connection with your use of the Services, you may provide personal information relating to third parties, including but not limited to travel companions, family members, and minor children (collectively, “Third-Party Information”). By providing any Third-Party Information through the Services, you represent and warrant that you have obtained all necessary consents, permissions, and authorizations from each such third party (or, in the case of a minor, from such minor’s parent or legal guardian) to disclose such Third-Party Information to Voyage Labs and to permit Voyage Labs to use such Third-Party Information in accordance with these Terms and our Privacy Policy. You agree to indemnify and hold the Voyage Labs Parties harmless from and against any and all claims arising from your provision of Third-Party Information without the requisite consents or authorizations.

Voyage Labs utilizes artificial intelligence and machine learning technologies to generate travel recommendations, itineraries, and related content through the Services (collectively, “AI-Generated Content”). AI-Generated Content is provided for informational and planning purposes only. Voyage Labs does not guarantee the accuracy, completeness, reliability, or timeliness of any AI-Generated Content, including without limitation any information regarding pricing, availability, schedules, routes, accommodations, attractions, or other travel-related details. AI-Generated Content may contain errors, omissions, or outdated information.

You acknowledge and agree that you are solely responsible for independently verifying all travel information provided through the Services before making any travel-related decisions, bookings, or expenditures. The Services are not intended to be a substitute for professional travel advice, and Voyage Labs does not act as a travel agent, tour operator, or travel advisor. Reliance on any AI-Generated Content or other information provided by Voyage Labs or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.

Travel information displayed through the Services, including pricing, availability, and descriptions, may be sourced from third-party service providers and data sources, including without limitation Nuitee and Viator. Voyage Labs does not control, verify, or guarantee the accuracy or completeness of any information provided by such third parties. Prices, availability, and other travel details are subject to change without notice and may differ from the information displayed through the Services at the time you make a booking or travel decision. Voyage Labs expressly disclaims any and all responsibility and liability for errors, inaccuracies, or omissions in any third-party travel data presented through the Services.

Voyage Labs does not guarantee the preservation, maintenance, or availability of any travel plans, itineraries, or other data you create or store through the Services. You acknowledge and agree that such data may be lost, corrupted, or otherwise become unavailable due to technical failures, system updates, or other causes, and that Voyage Labs shall have no liability for any such loss or unavailability. You are solely responsible for maintaining your own backup copies of any travel plans, itineraries, or other important information.

THE SERVICES UTILIZE ARTIFICIAL INTELLIGENCE THAT MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING INFORMATION. AI-GENERATED CONTENT SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY TRAVEL DECISIONS, BOOKINGS, OR EXPENDITURES. YOU SHOULD ALWAYS INDEPENDENTLY VERIFY ALL TRAVEL INFORMATION, INCLUDING PRICING, AVAILABILITY, SCHEDULES, SAFETY CONDITIONS, AND ENTRY REQUIREMENTS, THROUGH OFFICIAL SOURCES BEFORE TRAVELING.

Travel Requirements and Safety. You are solely responsible for ensuring that you satisfy all applicable travel requirements, including without limitation obtaining and maintaining valid passports, visas, travel authorizations, vaccinations, health certificates, and any other documentation required for entry into, transit through, or exit from any jurisdiction. Voyage Labs does not provide advice regarding, and shall have no responsibility or liability for, border-entry rules, customs regulations, local laws, safety conditions, health risks, political conditions, or any other circumstances that may affect your travel. You acknowledge that travel requirements and conditions may change at any time without notice, and you agree to independently verify all such requirements through official government sources and relevant authorities prior to traveling.

Third-Party AI Technology. The Services utilize artificial intelligence technologies provided by third-party service providers to generate Content. Voyage Labs requires such third-party AI providers to process user data in accordance with applicable contractual restrictions and Voyage Labs’ Privacy Policy, including obligations relating to confidentiality and data protection.

Beta and Experimental Features. Voyage Labs may, from time to time, offer features or functionality designated as “beta,” “preview,” “experimental,” or similar terms. Such features are provided on an “as-is” basis without any warranty of any kind, may contain errors or inaccuracies, and may be modified or discontinued at any time without notice. Your use of any beta or experimental feature is entirely at your own risk, and Voyage Labs shall have no liability arising from or related to your use of any such feature.

Certain features of the Services use Google Maps Platform APIs, including location search and mapping functionality. Your use of these features is subject to Google’s Terms of Service.

As part of the Services, you may receive communications through the Services, including messages that Voyage Labs sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By using the Services, you consent to receive electronic communications from Voyage Labs (e.g., via email or by posting notices on the Services). You agree that all agreements, notices, disclosures, and other communications that Voyage Labs provides to you electronically satisfy any legal requirement that such communications be in writing.

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Voyage Labs);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Voyage Labs;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your account or anyone else’s, including by allowing someone else to log in to the Services as you or by attempting, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), or copies or stores any significant portion of the Content;
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
• uses any Content or AI-Generated Content obtained through the Services to develop, train, fine-tune, or otherwise improve any artificial intelligence or machine learning model, algorithm, or system that competes with the Services;
• submits false, misleading, or fraudulent traveler identities, travel companion information, or other personal data through the Services; or
• systematically extracts, collects, or harvests travel data, pricing information, or other content from the Services for any purpose other than your own personal, non-commercial travel planning.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not identified as a “Specially Designated National” by the Office of Foreign Assets Control or placed on the U.S. Commerce Department’s Denied Persons List. You agree that you will not use the Services in violation of any applicable export control or sanctions laws or regulations.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Voyage Labs’) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Voyage Labs owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other intellectual property rights, privacy rights, or publicity rights; (ii) are unlawful, harmful, threatening, defamatory, obscene, hateful, discriminatory, or otherwise objectionable; (iii) exploit minors; (iv) contain false, misleading, or fraudulent information; or (v) violate any applicable law or regulation.

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby grant Voyage Labs a non-exclusive, worldwide, royalty-free, sublicensable (solely to service providers acting on Voyage Labs’ behalf) license to host, reproduce, modify, display, distribute, and otherwise use your User Submissions solely as necessary to operate, provide, maintain, secure, and improve the Services, and to enable the sharing and collaboration features you choose to use. This license continues for so long as your User Submissions remain on the Services and for a reasonable period thereafter to allow for archival and backup purposes, and shall terminate upon deletion of the applicable User Submissions from the Services, except to the extent a copy has been shared with Invited Users or incorporated into de-identified data as described below. If you share a travel plan or related User Submission with an Invited User through the Services, you grant that Invited User a limited, non-exclusive license to access, view, copy, and edit that User Submission solely as permitted by the functionality of the Services. Such Invited User license shall terminate upon the removal of the Invited User’s access to the applicable travel plan or User Submission, or upon termination of the Invited User’s account. Please note that the foregoing licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information. You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third-party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Notwithstanding the foregoing, Voyage Labs may de-identify User Submissions for the purpose of improving, developing, training, or enhancing the Services or Voyage Labs’ products, technologies, or artificial intelligence and machine learning models. The de-identified data shall no longer be considered User Submissions for purposes of these Terms, and the license granted with respect to such de-identified data shall be perpetual, irrevocable, and royalty-free.

Finally, you understand and agree that Voyage Labs, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Feedback. If you provide Voyage Labs with any feedback, suggestions, ideas, or other information relating to the Services (“Feedback”), you hereby assign to Voyage Labs all right, title, and interest in and to such Feedback, and Voyage Labs shall be free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction, obligation, or compensation to you.

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. Notice of alleged copyright infringement under the Digital Millennium Copyright Act may be sent to [email protected] or 2261 Market Street, STE 60999, San Francisco CA 94114.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Voyage Labs. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Voyage Labs is not responsible for such risks.

Voyage Labs has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. Without limiting the foregoing, Voyage Labs does not control, verify, or guarantee the accuracy, completeness, or timeliness of any travel-related information, including pricing, availability, schedules, accommodations, or other travel details, obtained from or provided by third-party service providers, data sources, or websites. Such information is subject to change without notice and may differ from actual conditions at the time of your travel. In addition, Voyage Labs will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with third-party travel service providers found on or through the Services, including any bookings, reservations, or other arrangements, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party providers. You should make whatever investigation you feel necessary or appropriate before proceeding with any travel-related transaction or arrangement with any such third party. You agree that Voyage Labs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Voyage Labs is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Voyage Labs, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

The Services are currently provided free of charge. Voyage Labs reserves the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Booking Transactions. To the extent the Services enable you to book or purchase travel-related products or services (such as flights, accommodations, or activities), such transactions may be processed in one of two ways: (1) Voyage Labs may serve as the merchant of record and process payment through its Payment Processor (as defined below), or (2) a third-party service provider may serve as the merchant of record and process payment independently. The applicable model will be identified to you at checkout.

For any transaction in which a third-party service provider is the merchant of record, Voyage Labs is not a party to that transaction and is not responsible for any errors, disputes, refunds, cancellations, or other issues arising therefrom. Such transactions are subject to the third-party provider’s terms and policies.

For any transaction in which Voyage Labs is the merchant of record: All prices are quoted in U.S. dollars unless otherwise indicated and are subject to change prior to checkout. Applicable taxes, fees, and surcharges will be displayed before you confirm your purchase. By submitting a booking, you represent and warrant that any payment method you use belongs to you or that you are authorized to use it, that your payment information is accurate and current, and you authorize Voyage Labs, through the Payment Processor, to charge the applicable amount to your chosen payment method.

Fraud and Payment Disputes. Voyage Labs may refuse, cancel, or hold any booking it suspects involves fraud, unauthorized payment activity, or a violation of these Terms, without prior notice. If a booking is made using an unauthorized or fraudulent payment method, Voyage Labs may recover any resulting costs from you. If you initiate a chargeback or payment dispute in connection with a Voyage Labs merchant-of-record transaction, Voyage Labs may suspend your access to the Services pending resolution and recover any fees, costs, or losses it incurs as a result.

Refunds and Cancellations. Refund and cancellation policies for Voyage Labs merchant-of-record transactions are set forth in the applicable Refund Policy.

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. You agree to pay all charges at the prices then in effect and authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes the Payment Processor makes even if payment has already been requested or received. If we do not receive payment from you, you agree to pay all amounts due upon demand. You must provide current, complete, and accurate billing information and promptly update it as needed, including notifying us or the Payment Processor if your Payment Method is canceled or you become aware of a potential security breach.

You’re free to do that at any time [through your account settings |and/or | by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. For information regarding requests to delete your personal data, please see our Privacy Policy.

Voyage Labs is also free to terminate (or suspend access to) your use of the Services or your account for any reason at our discretion, including your breach of these Terms. Voyage Labs has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Voyage Labs reserves the right to deactivate or delete accounts that have been inactive for an extended period of time. We will attempt to provide you with notice via email prior to any such deactivation or deletion, but we cannot guarantee that such notice will be received. You are solely responsible for maintaining the activity of your account and for retaining copies of any Content or data you wish to preserve.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Warranty Disclaimer. Voyage Labs and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Voyage Labs and all such parties together, the “Voyage Labs Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Voyage Labs Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Voyage Labs Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY VOYAGE LABS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE VOYAGE LABS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Voyage Labs Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Voyage Labs’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Geographic Scope. The Services are intended solely for users located in the United States. Voyage Labs makes no representation that the Services are appropriate, available, or legally permitted for use in any other jurisdiction. Voyage Labs reserves the right to restrict, limit, or deny access to the Services from any jurisdiction outside the United States, in its sole discretion and without prior notice. If you access or use the Services from outside the United States in violation of the foregoing, you do so at your own risk and are solely responsible for compliance with all applicable local laws. Nothing in these Terms shall deprive you of any mandatory consumer protection rights afforded to you under the laws of your jurisdiction of residence that cannot be waived by contract.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Voyage Labs and limits the manner in which you can seek relief from Voyage Labs. Both you and Voyage Labs acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Voyage Labs’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Voyage Labs will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Voyage Labs will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Voyage Labs may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND VOYAGE LABS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Voyage Labs are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Voyage Labs over whether to vacate or enforce an arbitration award, YOU AND VOYAGE LABS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Voyage Labs is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2261 Market Street, STE 60999, San Francisco CA 94114 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Voyage Labs to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Voyage Labs agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Voyage Labs.

Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Voyage Labs agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Voyage Labs, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Voyage Labs, and you do not have any authority of any kind to bind Voyage Labs in any respect whatsoever.

Except as expressly set forth in the arbitration agreement, you and Voyage Labs agree there are no third-party beneficiaries intended under these Terms.