Launching Fall 2019

Terms of Use

Welcome to AmiGo!
These Terms govern your use of AmiGo and provide information about AmiGo’s service. When you create an AmiGo account or use AmiGo, you agree to these terms.

BY USING THIS AmiGo™ MOBILE APPLICATION (THE “APPLICATION”), YOU (THE “USER”) ACCEPT THESE TERMS OF USE. THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND AMIGO TRAVEL, INC. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service)

End-User License
Subject to these Terms, AmiGo Travel, Inc. grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Prohibited Uses
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that:

AmiGo Travel, Inc. reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that AmiGo Travel, Inc. reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User-Generated Content
The User may generate and submit content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges, represents and agrees that s/he owns or has the necessary licenses, rights, consents and permissions to use and authorize AmiGo Travel, Inc. to use all User-Generated Content, including but not limited to all copyright or other proprietary rights in and to any and all User-Generated Content necessary to utilize such content as set forth herein.
User grants AmiGo Travel, Inc. the right to use the User Generated Content, including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content, and grant AmiGo Travel, Inc. a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed. User unconditionally and irrevocably waives and agrees not to assert any moral rights s/he may have in having the material. User further grants AmiGo Travel, Inc. a non-exclusive, worldwide, royalty-free license to use his/her name in connection with the User Generated Content, and to use the User Generated Content for any and all purposes, including without limitation advertising and promotional purposes, without additional compensation.
User agrees that s/he will not: (a) submit materials that are subject to protection under any applicable copyright, trademark or trade secret, or that are otherwise subject to third-party rights, unless User is the owner of such rights, or has the express permission of the owner of such rights to post such material and to grant all of the rights granted herein; (b) submit any User Generated Content that violates the rights of any person or entity, including but not limited to the rights of privacy or publicity of any person; (c) submit User Generated Content that is unlawful, obscene, defamatory, threatening, harassing, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law, or that is unduly dangerous; or (d) submit User Generated Content that impersonates another person.

If the user subscribes through an account other social network / portal or internet service, he/she accepts the validity and effectiveness of all communications sent by AmiGo to that account.

When registering on the Platform the user selects a username and a password in the case of not registering through an existing social media account (currently Instagram or Facebook). If you register with a social media account you must allow the platform to access account information and you must choose a username (username) on the Platform.

Both the username and password, as the data of the social media account you use to access the platform (usually username, password and e-mail used to access said account) are strictly confidential, personal and non-transferable (collectively the "Access Keys"). The User agrees not to disclose these access keys or make them accessible to third parties. Since AmiGo cannot guarantee the identity of registered users, the User shall be solely liable for use of Access Keys by third parties, including the findings made on the Platform or through the Platform, or any other action that is carried out by using the access keys.

Indemnification
User agrees to indemnify and hold harmless AmiGo Travel, Inc., including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. AmiGo Travel, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties
AmiGo Travel, Inc. IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, AmiGo Travel, Inc. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL AmiGo Travel, Inc. OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. AmiGo Travel, Inc., ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall AmiGo Travel, Inc., its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.

Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of New York, United States of America, without regard to New York’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in the City of New York, State of New York, United States of America and the federal courts in the United States District Court for the Southern District of New York, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of AmiGo Travel, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these Terms
AmiGo Travel, Inc. reserves the right to change or modify these Terms or any other AmiGo Travel, Inc. terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of AmiGo Travel, Inc. shall have any legal effect as a waiver by AmiGo Travel, Inc. of any Terms of this Agreement.

Third Party Beneficiary
User agrees that AmiGo Travel, Inc.’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this User Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

Contact Us
If you have any questions regarding our privacy practices, you can email us at info@amigo.app.