Effective: 21 June, 2024

Thank you for using iWander and Elevated Experiences Limited.

These Terms of Use (“Terms”) apply to your use of iWander and Elevated Experiences Limited’s other services for individuals, along with any associated software applications, technology and websites (“Services”), including personal, non-commercial use of our Services by consumers. You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Services. 

Our Business Terms govern use of the iWander SDK, our APIs, and our other services for businesses and developers. 

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Who we are

Elevated Experiences Limited is a company registered in the United Kingdom, dedicated to providing exceptional travel and tourism experiences through innovative technology and personalized services. For more information about us, please visit our website.

Registration and access

Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services and ask them to read these Terms with you.

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Using our Services

What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as the Service-specific terms and policies listed above.

What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:

• Using our Services in a way that infringes, misappropriates or violates anyone’s rights.
• Modifying, copying, leasing, selling or distributing any of our Services.
• Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Automatically or programmatically extracting data or Output (defined below).
• Representing that Output was human-generated when it was not.
• Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
• Using Output to develop models that compete with Elevated Experiences Limited.

Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences that we’ve made available to you.

Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. 

Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.

Content

Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. 

Our use of content. By submitting any content (including but not limited to text, photographs, and videos) to our Services, you grant Elevated Experiences Limited a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Services and Elevated Experiences Limited’s business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that does not accurately reflect real people, places, or facts. 

When you use our Services you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. 
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. 
• Our Services may provide incomplete, incorrect, or offensive Output that does not represent Elevated Experiences Limited’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Elevated Experiences Limited.

Our IP rights

We and our affiliates own all rights, title, and interest in and to the Services.

Paid accounts

Paid subscriptions. Some of our Services allow you to purchase paid subscriptions or credits to benefit from enhanced features and functionalities (the “Benefits”). The exact nature of the Benefits differs between Services and will be made clear to you before purchase. You can manage your paid subscription from your account settings. 

Fees: All charges, including subscription fees, will be made clear to you before purchase. 

Billing. If you sign-up for a paid subscription or purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. 

Service credits. You can pay for some Services in advance by purchasing service credits.

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination and suspension

Your rights. You can stop using our Services and end your relationship with Elevated Experiences Limited at any time by simply closing your account and stopping your use of the Services.

EEA consumer withdrawal right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting subscriptions@iwander.io.

Elevated Experiences Limited rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:

• You breached these Terms or our Usage Policies.
• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Elevated Experiences Limited, our users, or anyone else.
• Your account has been inactive for over a year and you do not have a paid account. 

Notice. If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Elevated Experiences Limited or anyone else, or we are legally prohibited from doing so.

Our commitments to you

How we provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time. 

Liability. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is:

• caused by our breach of these Terms or
• reasonably foreseeable at the time of entering into these Terms.

We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.

Statutory rights. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.

EEA consumer guarantee. If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services.

Dispute resolution

Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can contact us through our website.

Court. If we cannot resolve our dispute, you or we can go to your local courts.

EEA consumer alternative dispute resolution. If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr(opens in a new window).

Copyright complaints

If you believe that your intellectual property rights have been infringed, please send notice to subscriptions@iwander.io. We may delete or disable Content alleged to be infringing and may terminate accounts of repeat infringers.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the allegedly infringing material is located on our site so we can find it;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• A statement by you, that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf.

General terms

Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with Elevated Experiences Limited and stop using our Services at any time.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms from time to time. If we make significant changes, we will notify you either through the Services or via email. By continuing to use our Services after such changes, you agree to the updated Terms.

Delay in enforcing these Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.

Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export. 

Governing law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You and Elevated Experiences Limited both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes.

Commercial and business use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use of the Services Addendum and the rest of these Terms, this Addendum shall take precedence.

Limitation of liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

ELEVATED EXPERIENCES LIMITED’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ADDENDUM.

Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

If you have any questions about these Terms, please contact us at:

Email: subscriptions@iwander.io

Thank you for choosing Elevated Experiences Limited. We hope you enjoy our Services!