Terms and Conditions
These Terms and Conditions (“Terms”) are a legal agreement between you and NEXT ESCAPE LLC, a Texas limited liability company doing business as Next Getaway Co. (“Next Getaway,” “we,” “our,” or “us”). They govern your access to and use of the Next Getaway Co. mobile application, website, and related services (collectively, the “Services”).
By creating an account, making a purchase, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or make purchases. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
2. The Services
Next Getaway Co. is a trip-planning and itinerary tool. The Services help you discover destinations, generate and organize itineraries, save places, and view offerings promoted by third-party experience and event providers (“Hosts”).
Next Getaway Co. is a planning and discovery tool only. We are not a travel agency, tour operator, booking service, or provider of any travel product, transportation, accommodation, event, or experience. We do not create, control, operate, inspect, endorse, or guarantee any destination, attraction, business, event, or experience that appears in the Services.
3. AI-Generated Content
The Services use artificial intelligence to generate itineraries, travel suggestions, destination descriptions, checklists, summaries, and other content (“AI Content”).
You acknowledge and agree that:
- AI Content is generated automatically and may be inaccurate, incomplete, outdated, or misleading. It may contain errors regarding opening hours, prices, locations, distances, travel times, availability, safety conditions, visa or entry requirements, health requirements, local laws, and any other detail.
- AI Content is provided for informational and planning convenience only. It is not professional advice of any kind, including travel, safety, legal, medical, financial, or immigration advice.
- You are solely responsible for independently verifying all information before relying on it — including with official sources such as government travel advisories, embassies, venue websites, and transportation providers — and for all decisions you make and actions you take based on AI Content.
- We are under no obligation to review, correct, update, or maintain any AI Content, and we do not warrant that any AI Content is or will remain accurate. Errors in AI Content do not entitle you to any refund, credit, or compensation except where required by applicable law.
- AI Content does not reflect our views, and inclusion of any destination, business, or activity is not a recommendation or endorsement, nor a representation that it is safe, lawful, open, or suitable for you.
4. Travel Is at Your Own Risk
Travel involves inherent risks, including risks related to weather, health, safety, security, political conditions, transportation, and local laws. You assume all risks associated with your travel and activities. To the maximum extent permitted by law, we are not responsible for any injury, loss, damage, delay, expense, or disappointment arising from your travel or from reliance on the Services, including AI Content.
5. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
6. Purchases, Subscriptions, and Refunds
Purchases through the App Store or Google Play. Subscriptions and in-app purchases made through Apple’s App Store or Google Play are processed by Apple or Google under their terms. Billing, renewal, cancellation, and refunds for those purchases are handled by Apple or Google, and refund requests must be submitted to them through their processes.
Purchases on our website. Purchases made on our website (including subscriptions and one-time itinerary purchases) are processed by our payment provider. Prices are shown before checkout and may include applicable taxes such as VAT or sales tax depending on your location.
Subscriptions. Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled before renewal. You can cancel at any time through your App Store or Google Play account settings (for store purchases) or through your account settings on our website (for web purchases). Cancellation takes effect at the end of the current billing period; fees already paid are non-refundable except as required by law or expressly stated otherwise.
One-time itinerary purchases. Because a purchased itinerary is delivered immediately as digital content, you expressly consent to immediate delivery and, where permitted by law, acknowledge that this may affect statutory withdrawal or cooling-off rights. If you are a consumer in the EU or UK, you retain any refund and withdrawal rights that cannot be waived under applicable consumer law.
Price changes. We may change subscription prices prospectively. For store purchases, price changes are administered under Apple’s or Google’s rules, including any required notice and consent.
7. Host Listings and Sponsored Content
Hosts may pay to advertise or promote their offerings within the Services. Host listings and sponsored content are provided by the Hosts, and Hosts are solely responsible for their accuracy, legality, availability, quality, and safety.
Any booking, purchase, or interaction you complete with a Host occurs directly between you and the Host, under the Host’s own terms. We are not a party to any transaction between you and a Host, and we are not responsible for any Host’s acts, omissions, offerings, cancellations, pricing, or conduct. Any dispute regarding a Host offering must be resolved directly with the Host.
8. User Content
You may submit content to the Services, such as notes, preferences, trip details, and profile photos (“User Content”). You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and process your User Content solely to operate, provide, and improve the Services.
You agree not to submit User Content that is unlawful, infringing, defamatory, harassing, or harmful, and you represent that you have all rights necessary to submit your User Content.
9. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms
- Copy, scrape, harvest, or systematically extract data or content from the Services
- Reverse engineer, decompile, or attempt to access source code except where permitted by law
- Resell, redistribute, or commercially exploit the Services or AI Content without our written permission
- Interfere with or disrupt the Services, servers, or networks
- Circumvent payment, access, or security controls
- Impersonate any person or misrepresent your affiliation
- Use the Services to develop a competing product or to train machine learning models
10. Intellectual Property
The Services, including software, design, text, graphics, logos, and all content other than User Content and Host content, are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your own personal, non-commercial trip planning. No other rights are granted.
11. Third-Party Services, Affiliate and Travel Partner Links
The Services rely on third-party services such as map and places providers, sign-in providers, AI providers, payment processors, and subscription management services. We are not responsible for third-party services, their availability, or their content. Your use of third-party services may be subject to their own terms.
Affiliate and travel partner links. The Services may contain links to third-party travel partners and booking sites, such as Expedia and other providers of flights, hotels, car rentals, tours, tickets, and other travel products (“Travel Partners”). These links are provided for your convenience. If you click a Travel Partner link, you will leave the Services, and any search, booking, purchase, or other transaction you complete is made directly with the Travel Partner under the Travel Partner’s own terms, conditions, cancellation policies, and privacy practices.
We may earn a commission or referral fee if you make a booking or purchase through a Travel Partner link, at no additional cost to you. The presence of a Travel Partner link is not an endorsement, recommendation, or guarantee of the Travel Partner or its offerings.
We are not a party to any transaction between you and a Travel Partner, and to the maximum extent permitted by law, we are not responsible or liable for any Travel Partner’s products, services, pricing, availability, booking errors, cancellations, refunds, customer service, acts, or omissions. Any dispute regarding a booking or purchase made with a Travel Partner must be resolved directly with that Travel Partner.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT (INCLUDING AI CONTENT AND HOST CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT, OR THAT DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. If you are a consumer in the EU or UK, nothing in these Terms affects statutory rights that cannot be excluded by contract.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR TRAVEL EXPENSES, ARISING FROM OR RELATED TO THE SERVICES, AI CONTENT, HOST CONTENT, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITS ARE NOT PERMITTED.
14. Indemnification
You agree to indemnify and hold harmless Next Getaway Co., its owners, officers, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your User Content, your use of the Services, or your interactions or transactions with any Host.
15. Termination
You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services at any time for violation of these Terms, suspected fraud or abuse, legal requirements, or discontinuation of the Services. Sections that by their nature should survive termination (including Sections 3, 4, 7, 8, 10, 12, 13, 14, 16, and 17) will survive.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Services will be resolved exclusively in the state or federal courts located in Collin County, Texas, and you consent to their jurisdiction, except that either party may bring an individual claim in small-claims court.
If you are a consumer residing in the EU or UK, you may benefit from mandatory consumer protection provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence. Nothing in this section deprives you of those rights.
Class action waiver. To the extent permitted by law, all claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
17. Apple App Store Additional Terms
If you download the app from Apple’s App Store: these Terms are between you and us, not Apple; Apple has no obligation to provide maintenance or support for the app; Apple is not responsible for any product warranties or any claims relating to the app, including product liability, legal or regulatory compliance, and intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-party list.
18. Changes to the Services and These Terms
We may modify, suspend, or discontinue any part of the Services at any time. We may update these Terms from time to time; if we make material changes, we will notify you through the app, by email, or by updating the “Last Updated” date above, and where required by law we will seek your consent. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
19. General
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any additional terms presented at purchase, are the entire agreement between you and us regarding the Services.
20. Contact
NEXT ESCAPE LLC d/b/a Next Getaway Co.
Email: [email protected]
Website: www.nextgetaway.ai