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TRAVELYZER TERMS OF USE

Effective date: January 2025 Last updated: January 2025

PREAMBLE

These Terms of Use (hereinafter the "Terms") govern access to and use of the TRAVELYZER platform, comprising the web application accessible at https://gotravelyzer.com and the TRAVELYZER mobile application (hereinafter collectively referred to as "the Platform" or "the Service"), published by Nathan Bardi, an individual - Travelyzer project (company being formed), residing in France (hereinafter "the Publisher" or "we").

ARTICLE 1 - DEFINITIONS

For the purposes of these Terms, the following terms are defined as follows:

ARTICLE 2 - PURPOSE

The purpose of these Terms is to define the terms and conditions of use of the TRAVELYZER Platform as well as to define the rights and obligations of the parties in this context.

They apply exclusively between the Publisher and any User wishing to access and use the Platform.

ARTICLE 3 - ACCEPTANCE OF THE TERMS

3.1 Express acceptance

Access to and use of the Platform are subject to the unreserved acceptance of these Terms. By accessing the Platform, creating an Account or using the Services, the User acknowledges having read the Terms and accepting them fully and without reservation.

3.2 Legal capacity

The User declares that they have the legal capacity to contract and use the Platform in accordance with these Terms. Minors under the age of 16 must obtain the prior authorization of their legal representatives before any use of the Platform.

3.3 Modification of the Terms

The Publisher reserves the right to modify these Terms at any time. Users will be informed of any substantial modification by notification on the Platform or by email. Continued use of the Platform after modification constitutes acceptance of the new Terms.

ARTICLE 4 - REGISTRATION AND ACCOUNT CREATION

4.1 Registration procedures

Registration on the Platform is free and is carried out via:

4.2 Mandatory information

When registering, the User must provide:

4.3 Accuracy of information

The User undertakes to provide accurate, complete and up-to-date information. They undertake to regularly update this information via their personal space. The Publisher cannot be held liable in the event of erroneous or outdated information.

4.4 Uniqueness of the Account

Each User may create only one Account. The creation of multiple accounts may result in the suspension or termination of all the accounts concerned.

4.5 Account security

The User is solely responsible for the confidentiality and security of their login credentials. They undertake to:

ARTICLE 5 - DESCRIPTION OF THE SERVICES

5.1 Free services

The Platform offers the following free services:

5.2 Services assisted by Artificial Intelligence

TRAVELYZER uses OpenAI's GPT API to enrich your travel experience. By using our AI services, you agree that your data may be processed by OpenAI in accordance with their terms of use and privacy policy.

5.2.1 AI-generated content (via GPT)

5.2.2 AI analysis and personalization

5.2.3 AI limitations and responsibilities

The User acknowledges and accepts that:

5.3 Advertising and monetization

TRAVELYZER is a free service financed by advertising:

You can manage your advertising preferences in your account settings.

5.3.1 Editorial neutrality and transparency

Sponsored content, rankings or recommendations resulting from a commercial partnership are clearly indicated in compliance with advertising regulations. The existence of an affiliate link does not alter the editorial independence of non-sponsored content. The prices, availability and conditions of partners are provided for guidance only and may vary; the User must verify before purchase on the partner's website.

5.4 Premium services (future)

Certain advanced services may be offered in the future:

5.5 Availability of the Services

The Publisher strives to ensure optimal availability of the Platform 24 hours a day, 7 days a week. However, access may be temporarily suspended for:

5.6 Evolution of the Services

The Publisher reserves the right to evolve, modify or remove all or part of the Services without notice, without this giving rise to any right to compensation for the User. This includes in particular the continuous improvement of AI models and the addition of new artificial intelligence capabilities.

ARTICLE 6 - CONDITIONS OF USE

6.1 Compliant use

The User undertakes to use the Platform in accordance with:

6.2 Prohibited behaviors

It is strictly prohibited to:

6.3 Use of the API

The use of the API, if available, is subject to:

6.4 Responsible reporting of vulnerabilities

Every User undertakes to immediately report any presumed vulnerability to [email protected], to refrain from any exploitation, not to exfiltrate data or degrade the Service, and to comply with responsible disclosure best practices. The Publisher may grant public recognition if desired and if the conditions of responsible disclosure have been respected.

6.5 Export compliance and international sanctions

The User declares that they are not located, domiciled, or resident in a country subject to international sanctions, nor listed on a list of sanctioned persons. They undertake not to use the Service in violation of applicable laws on export controls and international sanctions.

ARTICLE 7 - USER CONTENT

7.1 Responsibility for Content

The User is solely responsible for the Content they publish, share or transmit via the Platform. They warrant:

7.2 Warranty of quiet enjoyment

The User indemnifies the Publisher against any claim, legal action or proceeding resulting from their Content. In the event of a dispute involving Content published by the User, the latter shall bear all defense costs and indemnify the Publisher for any damage suffered.

7.3 License to use

By publishing Content on the Platform, the User grants the Publisher a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to:

This license persists even after the deletion of the Content for backup and archiving copies.

7.4 Moderation

The Publisher reserves the right, without obligation:

7.5 Reporting and security vulnerabilities

Users may report:

The Publisher undertakes to examine reports as soon as possible. Security vulnerabilities must be reported responsibly and not be exploited.

ARTICLE 8 - INTELLECTUAL PROPERTY

8.1 Ownership of the Platform

The Platform, its architecture, its design, its features, its texts, images, videos, databases, software and all other elements composing it (with the exception of User Content) are the exclusive property of the Publisher or its partners and are protected by intellectual property laws.

8.2 Trademarks and logos

The trademarks, logos and distinctive signs displayed on the Platform are registered trademarks. Any reproduction, imitation or unauthorized use is strictly prohibited and constitutes infringement.

8.3 Limited license to use

The Publisher grants the User a personal, non-exclusive, non-transferable and revocable license to:

8.4 Restrictions

It is prohibited to:

8.5 Feedback, ideas and suggestions ("Feedback")

By submitting ideas, comments or suggestions relating to the Platform, the User grants the Publisher an irrevocable, worldwide, royalty-free license to use, reproduce and exploit such Feedback for any purpose (including commercial), without any obligation of attribution or compensation.

ARTICLE 9 - PROTECTION OF PERSONAL DATA

9.1 Collection and processing

The collection and processing of personal data are carried out in accordance with:

9.2 Purposes of processing

Personal data is collected to:

9.3 Users' rights

In accordance with the regulations, the User has the following rights:

These rights may be exercised by contacting: [email protected]

9.4 Data security

The Publisher implements appropriate technical and organizational measures to protect personal data against:

9.5 Retention period

Personal data is retained for the period necessary for the purposes for which it is processed, in accordance with the legal retention and limitation periods.

9.6 Transfers outside the European Union

Processing operations may involve transfers of personal data to countries located outside the European Economic Area (in particular to the United States when certain providers, including OpenAI, are involved). These transfers are governed by Standard Contractual Clauses (SCC) adopted by the European Commission and, where applicable, by additional measures (encryption in transit and at rest, access restriction, minimization). Detailed information (list of transfers, recipients, safeguards) is available in the Privacy Policy.

9.7 Automated decisions and profiling

Certain features use automated processing (recommendations, personalization, abuse detection). No decision producing significant legal effects is taken solely on the basis of automated processing. The User may request human intervention, express their point of view and contest a decision concerning them via [email protected].

9.8 Advertising settings & consent (CMP)

The placement/reading of non-essential trackers is subject to consent via our cookie management banner (CMP). The User may withdraw or modify their consent at any time from the banner or the Account settings.

ARTICLE 10 - COOKIES AND SIMILAR TECHNOLOGIES

10.1 Use of cookies

The Platform uses cookies and similar technologies to:

10.2 Types of cookies

10.3 Cookie management

The User may manage their cookie preferences via:

ARTICLE 11 - LIABILITY

11.1 Liability of the Publisher

The Publisher undertakes to provide the Services with diligence and in accordance with industry standards. However, its liability cannot be engaged:

11.2 Limitation of liability

The Publisher's liability is limited to direct and foreseeable damages. In any event, the Publisher's total liability may not exceed the amount paid by the User for the Services over the last 12 months.

11.3 Travel information

The information, recommendations and advice provided on the Platform are given for guidance only. The User remains solely responsible:

11.4 Third-party services

The Platform may contain links to third-party sites or integrate third-party services. The Publisher is not responsible:

11.5 Evidence and enforceability

The technical logs, timestamps, application traces and archives generated by the Platform shall be authoritative between the parties until proven otherwise. The Publisher retains these elements under reasonable conditions of security and integrity.

ARTICLE 12 - WARRANTIES AND INDEMNIFICATION

12.1 User's warranties

The User indemnifies the Publisher against any claim, action or recourse by third parties resulting from:

12.2 Indemnification

The User undertakes to indemnify and hold the Publisher harmless from any liability, losses, damages, costs and expenses (including legal fees) resulting from their violation of these Terms.

ARTICLE 13 - SUSPENSION AND TERMINATION

13.1 Termination by the User

The User may at any time:

13.2 Suspension and termination by the Publisher

The Publisher may suspend or terminate a User's access, without notice or compensation, in the event of:

13.3 Consequences of termination

Termination entails:

The articles relating to intellectual property, limitation of liability and applicable law survive termination.

ARTICLE 14 - MODIFICATIONS AND UPDATES

14.1 Modifications to the Platform

The Publisher may at any time:

14.2 Maintenance

Maintenance operations may temporarily render the Platform unavailable. The Publisher strives to:

14.3 Mobile application updates

The User is encouraged to install updates to the mobile application to:

ARTICLE 15 - NOTIFICATION AND COMMUNICATION

15.1 Means of communication

The Publisher may communicate with the User via:

15.2 Validity of notifications

Notifications sent to the email address provided by the User are deemed to be validly delivered. The User undertakes to keep this address up to date.

15.3 Commercial communications

The User may manage their commercial communication preferences via:

ARTICLE 16 - APPLICABLE LAW AND JURISDICTION

16.1 Applicable law

These Terms are governed by French law, to the exclusion of any other legislation.

16.2 Amicable resolution

In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. The User may contact customer service at [email protected].

16.3 Mediation

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the User may have free recourse to the consumer mediation service.

16.4 Competent jurisdiction

In the absence of amicable resolution, disputes shall be brought before the competent courts in accordance with the rules of common law, subject to the public policy provisions applicable in the User's country of residence.

For professionals, the courts of the Publisher's registered office shall have exclusive jurisdiction.

ARTICLE 17 - MISCELLANEOUS PROVISIONS

17.1 Entirety of the agreement

These Terms constitute the entirety of the agreement between the parties and replace all prior agreements relating to the use of the Platform.

17.2 Partial invalidity

If any provision of the Terms is declared null or unenforceable, the other provisions shall remain in force.

17.3 Non-waiver

The fact that the Publisher does not avail itself of a provision of the Terms does not constitute a waiver of its right to avail itself of it subsequently.

17.4 Assignment

The Publisher may assign or transfer its rights and obligations under these Terms. The User may not assign or transfer their rights without the prior written consent of the Publisher.

17.5 Language

These Terms are written in French. In the event of translation, only the French version is authoritative.

ARTICLE 18 - ACCESSIBILITY

The Publisher undertakes to make the Platform accessible to as many people as possible, in accordance with digital accessibility standards. Users encountering access difficulties may contact [email protected].

ARTICLE 19 - SUSTAINABLE DEVELOPMENT

The Publisher is committed to a sustainable development approach and encourages Users to adopt responsible travel practices. Features dedicated to sustainable tourism may be offered on the Platform.

ARTICLE 20 - CONTACT

For any question concerning these Terms or the use of the Platform, the User may contact:

TRAVELYZER Customer Service Email: [email protected] Website: https://gotravelyzer.com

Data Protection Email: [email protected]

ARTICLE 21 – SUBSCRIPTIONS AND WITHDRAWAL (CONSUMERS)

21.1 Withdrawal

For consumers, distance purchases of subscriptions give rise to a right of withdrawal of 14 days from subscription, except in the case of immediate performance of the service at the express request of the User before the end of the period, implying waiver of said right. The terms of exercise (form, address) are specified in the Terms and Conditions of Sale.

21.2 Tacit renewal and "one-click" termination

Subscriptions are for an indefinite duration with billing periods and tacit renewal. The User may at any time terminate in one click from their Account, with effect at the end of the current period, in accordance with French law (DDADUE). Any price modification is notified at least 30 days before taking effect; continued use constitutes acceptance.

21.3 Refunds and pro rata

Except for public policy legal provisions or duly demonstrated failure of the Service, periods already started are not refunded. In the event of a billing error or double charge, the Publisher shall refund the sums unduly received.

ARTICLE 22 – NOTIFICATION OF UNLAWFUL CONTENT

22.1 Notification procedure

Any person may report unlawful content by sending the Publisher a notification mandatorily containing:

Incomplete notifications may not be processed. The Publisher may preventively disable access to the notified content during examination.

Appendices:

These Terms of Use were updated in January 2025 and take effect immediately for new Users.