Terms of Service

These Terms of Service ("Terms") govern your use of the Vaya mobile application, flyvaya.com, and related services (collectively, the "Service") provided by Fix AI, Inc., doing business as Vaya ("Vaya", "we", "us", or "our"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What Vaya Does

Vaya helps people discover travel inspiration, identify places shown in travel content, save posts and places, create and collaborate on trips, and view selected travel deals. Some features use automated or artificial-intelligence systems to organize, summarize, moderate, or enrich content.

Vaya is not a travel agency, airline, hotel, tour operator, or booking platform. We do not arrange or fulfill travel. Travel information, recommendations, place details, and generated summaries may be incomplete, outdated, or inaccurate. Confirm important information directly with the relevant provider before making plans or spending money.

2. Eligibility and Accounts

You must be at least 13 years old to use the Service. If the law where you live requires a higher minimum age, you must meet that age. If you are under the age of legal majority where you live, you represent that your parent or legal guardian permits you to use the Service.

When you create or use an account, you agree to:

• Provide accurate and current information
• Keep your login credentials secure and not share your account
• Promptly notify us if you suspect unauthorized access
• Be responsible for activity conducted through your account

Contact us at team@flyvaya.com if you believe your account has been compromised.

3. Your Content and Social Features

The Service may let you create a profile, upload images, write captions, publish posts, save places, build trips, invite collaborators, and otherwise submit content or information ("User Content"). You keep ownership of your User Content.

You grant Vaya a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, format, and distribute your User Content as needed to operate, improve, and secure the Service. This license includes showing public posts and profile information to other users and through share links, and sharing trip content with people you invite.

If you choose to make User Content public so other users can see it, this license also allows Vaya to edit and use that public User Content to advertise and promote Vaya, including on our website, social media accounts, and other marketing channels. We will not use private User Content for marketing without your permission. The license ends when your content is deleted, except where a limited copy must remain temporarily in backups, security records, or as required by law.

You represent that you have the rights needed to submit your User Content and that it does not violate another person's rights or any law. You are responsible for deciding what to publish and whom to invite to a trip. Public content may be viewed, copied, or reshared by others outside Vaya.

We may review, limit, remove, or refuse to distribute content that violates these Terms, creates risk for users or Vaya, or is otherwise inappropriate for the Service. Automated moderation can make mistakes. To report content or a rights concern, email team@flyvaya.com with enough information for us to locate it.

4. Third-Party Content and Travel Deals

Vaya may display travel content originally published on services such as Instagram or TikTok, along with creator attribution and links to the original source. That content belongs to its creator or other rights holder, not Vaya. Third-party platforms have their own terms and privacy practices.

Vaya also aggregates or displays selected travel deals from third-party websites. We have no partnership or affiliation with the airlines or booking websites whose deals we display. When you open a deal, you leave Vaya and complete any transaction directly with a third party. Prices and availability can change at any time. We do not control and are not responsible for a deal's accuracy, availability, or validity, or for any booking, payment, cancellation, refund, customer-service issue, or dispute with a third-party provider.

5. Acceptable Use

You may not:

• Use the Service for an unlawful, fraudulent, deceptive, or harmful purpose
• Harass, threaten, impersonate, exploit, or violate the rights of another person
• Post content that is illegal, infringing, abusive, sexually exploitative, or malicious
• Access another person's account or non-public data without permission
• Interfere with the Service, evade access controls, introduce malicious code, or overload our systems
• Scrape, crawl, reverse-engineer, or use automated systems to access the Service without our written permission
• Use the Service or its content to build or train a competing product or model without our written permission

6. Vaya's Intellectual Property

The Service, including its software, design, branding, and Vaya-created content, is owned by Vaya or its licensors and protected by intellectual-property laws. These Terms give you a personal, limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose. They do not transfer ownership of the Service or third-party content to you.

7. Free Service and Legacy Subscriptions

Vaya is currently offered free of charge. We have cancelled renewal of prior Vaya Pro subscriptions so they will not renew through Vaya. Cancellation does not itself refund a charge already processed by Apple.

The legacy refund guarantee applies only if you had a paid Vaya Pro subscription, booked the first deal of that subscription term through a link in Vaya while the subscription was active, and the savings displayed in Vaya for that deal were less than the subscription price for that term. A monthly claim is limited to that month's charge; an annual claim is limited to that year's charge. Free trials and deals booked outside Vaya are not eligible.

If you bought a Vaya Pro subscription while our prior "Vaya pays for itself" refund guarantee applied, you may still submit an otherwise eligible claim. Email team@flyvaya.com with your booking confirmation and the deal information shown in Vaya, and submit the refund request through Apple's official refund process. Apple processes App Store payments and controls approval and payment of App Store refunds. The legacy guarantee does not limit rights that cannot be waived under applicable law.

8. Notifications and Device Permissions

With your permission, Vaya may send push notifications about activity, trips, travel content, deals, or Service updates. You can disable notifications in your device settings. Features that use device permissions, such as approximate location, may not work if you decline or withdraw that permission.

9. Account Deletion and Termination

You may request account deletion in the app. Your account and content are hidden from the Service immediately. We retain the deleted account and its content for up to 90 days so we can help recover your account if you ask us to do so. Recovery is not automatic and may not be possible in every circumstance. After 90 days, we permanently delete the account, profile, posts, private uploaded files, and other account-linked records from our active systems and storage backups, and the account can no longer be recovered. Shared trip information may remain available to other trip members without being linked to your identity where needed to preserve their trip.

We may suspend or terminate access, remove content, or take other reasonable action if you violate these Terms, create risk for the Service or others, or if required by law. Where practical, we will provide notice. Sections that by their nature should survive termination will continue to apply.

10. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, secure, error-free, or accurate, or that any content, recommendation, place identification, itinerary, travel information, or deal will meet your needs. Nothing in the Service is professional, safety, legal, financial, medical, immigration, or travel-agent advice.

11. Limitation of Liability

To the maximum extent permitted by law, Vaya and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, savings, travel opportunities, or goodwill, arising from or related to the Service. This includes losses connected with third-party content, recommendations, bookings, providers, collaborators, or unauthorized access. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Vaya and its officers, directors, employees, and agents from claims, damages, losses, and expenses arising from your User Content, your misuse of the Service, or your violation of these Terms or another person's rights.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Unless applicable consumer law requires otherwise, disputes arising from these Terms or the Service will be brought in the state or federal courts located in Delaware. Nothing in these Terms limits mandatory rights you have under the law where you live.

14. Changes to These Terms

We may update these Terms as the Service or law changes. We will post the updated Terms and change the "Last updated" date. If a change is material, we will provide reasonable additional notice through the Service, by email, or by another appropriate method. Your continued use after the updated Terms take effect means you accept them.

15. Contact

Questions about these Terms may be sent to team@flyvaya.com.