Terms of Service
These Terms of Service (“Terms”) are a legally binding agreement between you (“you,” “your,” or “User”) and Voyani LLC (“VOYANI,” “we,” “us,” or “our”). By clicking “I Agree,” creating an account, or otherwise accessing or using the VOYANI mobile application (the “App”), any related websites (including voyani.com) (collectively, the “Site”), or any information, tools, and services available through the App, Site, or other online service that links to or displays these Terms (collectively, the “Services”), you: (a) acknowledge that you have read and understood these Terms and our Privacy Policy, incorporated herein by reference; (b) represent that you are at least the age of majority in your jurisdiction and have the capacity to enter into these Terms on behalf of yourself and any entity you represent; and (c) accept and agree to be bound by these Terms. If you do not agree to every provision of these Terms, you must not access or use the Services.
Services. VOYANI provides a digital travel platform that permits you to import and organize travel-related information, including travel booking details, travel preferences, notes, comments, and other trip-related content (“Traveler Content”), as well as book certain travel services from third-party providers. Third-party providers of travel goods and services are collectively referred to as “Travel Suppliers.” The Services permit you to book certain travel and experiences through VOYANI using the App or Site and may also facilitate purchases directly from Travel Suppliers through integrated services or links to third-party booking platforms. The Services also generate travel-related itineraries and recommendations, along with travel-planning tools, alerts, and other related content (“VOYANI Content”). VOYANI is not itself a hotel, airline, tour operator, restaurant, ground transportation provider, or insurance carrier. Except where expressly stated, VOYANI acts as an intermediary between you and Travel Suppliers.
These Terms govern your use of the Services regardless of how you access the App or Site. Some users access VOYANI through partnerships with online travel agencies or other travel partners (“OTA Partners”). If you access VOYANI through an OTA Partner, your original booking remains subject to the terms and conditions of the OTA Partner or Travel Supplier through which that booking was made.
2.
Modifications. VOYANI may revise these Terms from time to time. If we make material changes, we may provide notice through the App, Site, email, or other reasonable means. Unless otherwise stated, changes become effective when posted. Your continued use of the App, Site, or Services after the revised Terms become effective constitutes your acceptance of the revised Terms.
3.
Accounts & Eligibility
3.1
Eligibility. In order to access the Services, you must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract to use the Service or make a booking. By using the Service, you represent and guarantee that you meet these requirements.
3.2
Account Creation. In order to access full functionality of Services, including saved trips, integrated bookings, booking history, and personalization, you are required to create an account which may require the creation of credentials and the use of certain personal information. We will process any personal information according to our Privacy Policy. By creating an account, you represent and warrant that: all information you submit is complete, accurate, and truthful; and you will keep the information you submit complete, accurate, and up to date. You should not share your account access credentials, one-time passcodes, authentication links, or other information used to access your account. You are responsible for maintaining the confidentiality and security of your account and for activity conducted through it.
3.3
Account Deletion. You may delete your Voyani account at any time through the App or by submitting a request through our account deletion webpage at voyani.com/account-deletion. When your account is deleted, we will delete or de-identify the personal information associated with your account, except for information we are required or permitted to retain for legal, regulatory, tax, payment processing, fraud prevention, dispute resolution, or booking and transaction recordkeeping purposes. Deleting your Voyani account does not automatically cancel any confirmed travel booking. You remain responsible for cancelling bookings in accordance with the applicable Travel Supplier’s rules. We may retain limited booking, payment, refund, receipt, and transaction information as necessary to service an existing booking or comply with applicable law.
3.4
Account Responsibility. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify VOYANI immediately at privacy@voyani.com of any unauthorized use. We accept no liability for any losses or damages incurred as a result of your sharing or other failure to safeguard your account details. We have the right to disable or revoke any account credential, authentication method, or other identifier used to access your account, whether chosen by you or provided by us, at any time if, in our opinion, it is necessary or you have violated any provision of these Terms.
3.5
Companions & Authority. If you make a booking, add trip information, or use the Services on behalf of another person, including travel companions, family members, invited trip members, or minors (collectively, “Companions”), you represent and warrant that:
(a)
you have the authority or permission to act on that Companion’s behalf and to submit their personal information to VOYANI;
(b)
you have informed that person, or will inform them, that their information will be shared with VOYANI and used in accordance with our Privacy Policy;
(c)
if that person is a minor under the age of 18, you are their parent or legal guardian, or you otherwise have appropriate legal authority to submit their information;
(d)
you are responsible for the accuracy of all information provided on their behalf; and
(e)
you agree to inform that Companion of these Terms and the applicable Supplier Rules that may affect their travel.
4.
Travel & Activity Booking.
4.1
Booking & Travel Management Models. When you use the Services to book or manage travel, your experience takes one of three forms depending on the source of your purchase:
(a)
Model 1, Direct. For accommodation bookings and certain activity bookings made directly through VOYANI, you are contracting with Voyani LLC as booking intermediary. Payment is collected by VOYANI;
(b)
Model 2, Facilitated. For purchase of other products and services from Travel Suppliers, VOYANI facilitates discovery, but the booking transaction itself is completed on or through the Travel Supplier’s booking platform. You are entering into a direct contract with that Travel Supplier. VOYANI may earn a referral fee or revenue share in connection with these transactions, but that arrangement does not necessarily affect your rights offered by the Travel Supplier or the price you pay;
(c)
Model 3, booked outside Services, added to your itinerary as Traveler Content. You may add travel bookings made outside the Services to your account by forwarding confirmation emails to trips@voyani.com or entering details manually on the App or Site. VOYANI is not involved in the original transaction and has no liability for the underlying booking or Travel Supplier’s performance.
4.2
Supplier Rules. All bookings made through the Services, or imported as Traveler Content, are subject to the rules, restrictions, and policies of the relevant Travel Supplier (“Supplier Rules”), including payment terms, cancellation and change policies, no-show policies, refundability, eligibility requirements, contracts of carriage, and conditions of use. Supplier Rules are made available before you complete a booking and are incorporated into these Terms by reference. By completing a booking through our Services, you agree to be bound by the applicable Supplier Rules. You understand and agree that any violation of the Supplier Rules may result in a cancellation of your bookings, denial of service, and forfeiture of any amount paid. We are not responsible for any damages resulting from your violation of Supplier Rules. Please read the additional Supplier Rules carefully prior to purchase from any third-party service provider using the Services and ensure that you understand the full Supplier Rules applicable to your third-party service.
4.3
Activities. Activities, tours, and experiences, including ground transportation, booked through the Services are provided by Travel Suppliers and not VOYANI. Your participation is subject to these Terms and the relevant Supplier Rules.
4.4
Accommodation. Hotel and accommodation bookings made through the Services are facilitated through integrated third-party services, with the accommodation provided by a Travel Supplier. Your stay is subject to Supplier Rules, including the property’s house rules, check-in/out policies, cancellation rules, and any applicable resort fees, taxes, or surcharges, which will be disclosed prior to booking. You are also responsible for payment of all additional expenses during your stay, including for example, newspaper delivery fees, in-room safe fees, or housekeeping fees, parking charges, minibar charges, phone calls, room service and movie rentals, etc. Some Travel Suppliers require a payment card or cash deposit at check-in to cover extra expenses incurred during your stay, which are not reflected in the price you are charged on booking. We do not own, manage or contract for any accommodation. Hotel bookings are only confirmed once the purchase has been completed and confirmation has been issued to you following your purchase.
4.5
Additional Travel Products. Additional products, such as visa and entry requirement services, travel insurance, dining reservations, weather alerts, and flight tracking, may be offered through additional Travel Suppliers. Each product is subject to the applicable provider’s terms and privacy policies (i.e., Supplier Rules). Where VOYANI earns a referral fee in connection with a partner transaction, that arrangement does not affect your rights relative to the Travel Supplier or the price you pay.
5.
Pricing & Payment
5.1
Price. Prices displayed through the Service are provided by VOYANI or Travel Suppliers and may include taxes, fees, and charges presented at the time of booking. Prices are dynamic and are subject to change until a booking is confirmed. Currency conversions, where shown, are for informational purposes only, and VOYANI does not guarantee the accuracy of the conversion rate; the actual charge will be processed in the currency stated at checkout. Pricing and availability information surfaced through artificial intelligence-powered features is subject to the limitations described in Section 9.1.
5.2
Payment.
(a)
Model 1 - Payments for Model 1 bookings are processed through third party payment processors. By submitting payment information, you authorize VOYANI and its payment processors to verify your payment method and charge the applicable amount to your selected payment method. Bookings are only final once the purchase has been completed and confirmation has been issued to you following your purchase.
(b)
Model 2 - For Model 2 transactions, payment is collected directly by the Travel Supplier and is subject to that Travel Supplier’s payment terms and other Supplier Rules. VOYANI does not process or retain your payment information for these transactions.
Our Privacy Policy explains how we and our third-party payment processors process your payment information.
5.3
Confirmation. Once your payment has been processed and the Travel Supplier has recorded the transaction, we will send your booking confirmation, an explanation of the purchase price and any charges still due, as well as relevant Supplier Rules to the email address or App account you provide when you book.
5.4
Taxes. You are responsible for any taxes, duties, tourist fees, resort fees, or local charges assessed by a Travel Supplier, government, or taxing authority that are not collected at the time of booking. The amount of local taxes, duties, and fees can change between the booking date and trip date. If taxes have changed by your trip date, you may be liable to pay taxes at a higher rate.
5.5
Errors and Inaccuracies. VOYANI makes reasonable efforts to ensure pricing and inventory accuracy but does not warrant the accuracy of any specific listing. In the event of an obvious pricing error, typographical mistake, or system error, VOYANI reserves the right to cancel any affected booking and refund any amounts paid, regardless of whether the booking has been confirmed. We have no obligation to make available booked services to you at an incorrect (lower) price even after you have been sent a booking confirmation, if the error should reasonably have been apparent to you.
5.6
Fraud. If we reasonably conclude that a booking or account is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, we may:
(a)
cancel any bookings associated with your name, email address or account,
(b)
close any associated accounts, and
(c)
take legal action, including seeking to hold you liable for any loss.
6.
Cancellations. Cancellation and change rights vary by Travel Supplier, product type, and booking model. The applicable cancellation policy will be disclosed before you complete a booking and will appear in your confirmation. You may not have an automatic right to cancel or change a booking unless allowed by the relevant Supplier Rules or applicable law. VOYANI is not responsible for consequential losses arising from cancellations, schedule changes, or supplier failures, including non-refundable expenses such as visas, vaccinations, or connecting travel arrangements.
6.1
Refunds. For Model 1 bookings, refunds (if any) are processed by VOYANI back to your original payment method, subject to the applicable Supplier Rules, law, and processing timelines relating to your payment method. For Model 2 bookings, cancellation and refund rights are governed entirely by Supplier Rules. VOYANI cannot process refunds on behalf of Travel Suppliers or other third parties. Travel Suppliers may charge you fees for cancelling (in full or part) or changing a booking, and you agree to pay any charges that you incur.
6.2
Travel Supplier Cancellations. For a variety of reasons, it is possible that a booking may be cancelled or changed by the Travel Supplier or us. If this happens, we will make reasonable efforts to notify you as soon as possible and offer alternative options/assistance where possible, or a refund if we cancel or change.
7.
Ownership; Intellectual Property. The Services, VOYANI Content (including output generated from VOYANI AI models), and all related documentation, source code, databases, information, text, graphics, user interfaces, audiovisual content, and any enhancements or derivative works thereof are owned or licensed by VOYANI and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted to you under these Terms are reserved by VOYANI. “Voyani,” the Voyani logo, and other Voyani product and service names are trademarks of Voyani LLC. You may not use them other than as set out in these Terms.
8.
Limited License to You. Subject to your strict compliance with these Terms, VOYANI grants you a revocable, non exclusive, non transferable, non sublicensable, limited license to (a) access and use the App, Site, and Services, and (b) book certain travel experiences. You may not use the App, Site, or the Services for commercial resale, redistribution, or to develop or improve a competing product or service. No other rights, titles, or interest are transferred to you. Except as expressly set forth in these Terms, you may not reproduce, publish, transmit, distribute, display, modify, or create derivative works from any of the VOYANI Content.
9.
Accuracy of Information. We are not responsible if VOYANI Content made available is not accurate, complete or current. The VOYANI Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information. Any reliance on the VOYANI Content on the Services is at your own risk. No part of the VOYANI Content is intended to constitute legal, financial, or medical advice, and should not be relied upon when making any decisions or taking any action of any kind without additional verification.
9.1
AI Recommendations. VOYANI Content includes recommendations, itineraries, summaries, alerts, and information generated by VOYANI’s artificial intelligence (“AI”) models. Like all AI systems, VOYANI’s AI models can produce content that is inaccurate, incomplete, out of date, or not suited to your specific situation, even when the AI presents information with apparent confidence. AI-generated VOYANI Content is not a substitute for your own judgment, research, or professional advice, and should not be relied upon as the sole basis for any travel, financial, medical, legal, immigration, or safety decision.
• Visa and entry requirements
• Passport validity rules
• Vaccination and health requirements
• Customs regulations
• Travel advisories
These requirements change frequently, and VOYANI Content may not always reflect the most current rules. Errors in this category can have serious real-world consequences, including denial of boarding or entry. For authoritative information, consult your government’s foreign affairs or state department and your destination country’s embassy or consulate.
10.
Voice Input. VOYANI offers voice input features that allow you to search for destinations, query your itinerary, and interact with the Services using your voice. Voice input requires microphone permission on your device. You may revoke this permission at any time through your device settings, which will disable voice features for the Services.
By using voice input, you acknowledge and agree that:
your voice is captured by your device microphone and transmitted to VOYANI’s servers for processing;
voice input is processed for transcription and is not persistently stored by VOYANI; and
VOYANI will treat voice commands as authorized instructions from your account, even if another person uses voice input while your device or account is active; you are responsible for securing your device.
11.
Traveler Content and Licenses to VOYANI
11.1
Representations. You represent and warrant that: (a) as between you and VOYANI, you are owner of your Traveler Content, or have obtained all rights, consents, and permissions necessary to authorize VOYANI and users of the Services to use and distribute the Traveler Content as contemplated by these Terms, including to grant the license in Section 11.2; and (b) your provision of the Traveler Content and VOYANI’s use and sharing thereof do not and will not violate any law, contract, or third party right, including privacy and intellectual property rights. You are solely responsible for the accuracy, content and legality of all your Traveler Content.
11.2
License to VOYANI. You hereby grant VOYANI and its affiliates an irrevocable, worldwide, perpetual, royalty free, transferable, and sublicensable license to use, reproduce, host, store, process, adapt, modify, translate, copy, create derivative works from, publicly display, publicly perform, distribute, and otherwise exploit Traveler Content (a) to operate, improve, analyze, modify, and promote the Services, including in the creation of VOYANI Content; (b) to create aggregated or de identified datasets; and (c) for any lawful business purpose. To the extent any moral rights apply, you waive those rights to the maximum extent permitted by law. By providing Traveler Content to other users of the Services, including Companions and Travel Suppliers, you grant those users a non-exclusive license to access and use that Traveler Content as permitted by these Terms.
11.3
No Attribution or Review Obligation. VOYANI has no obligation to attribute Traveler Content to you and may elect to do so or not in its discretion. VOYANI does not review or screen all Traveler Content and is not responsible for Traveler Content. You acknowledge that VOYANI is not undertaking any obligation or liability relating to your Traveler Content. We may, but have no obligation to, monitor, edit or remove Traveler Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, vulgar, obscene, abusive, harassing, racist, sexist, ageist, or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms. We may, but have no obligation to, monitor or retain copies of any and all communications made to us or through the App or Site consistent with our Privacy Policy.
11.4
Feedback. You may (but are not obligated to) provide suggestions, comments, or other feedback to VOYANI with respect to the App, Site, or the Services (“Feedback”). You hereby grant to VOYANI a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use, disclose, and exploit the Feedback for any purpose.
12.
Prohibited Conduct. You will not, and will not allow any third party to:
(a)
copy, reproduce, modify, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works of the App, Site, or the Services;
(b)
resell, sublicense, lease, time share, or otherwise distribute the App or any results or outputs thereof for commercial gain;
(c)
use the App, Site, or the Services to develop or improve a competing product or service;
(d)
submit false or misleading information;
(e)
submit Traveler Content you do not have permission to import or link to the App, Site, or the Services;
(f)
collect or track the personal information of others;
(g)
misrepresent any results generated by the App, Site, or the Services as an endorsement, certification, or guarantee by VOYANI;
(h)
use any scraper, robot, spider, or other automated means to access the App, Site, or the Services;
(i)
interfere with or disrupt the App or Site’s operation or security, or the operation and security of other websites;
(j)
upload or transmit viruses, malware, or other harmful code;
(k)
use the App, Site, or the Services in a manner that violates any third party intellectual property, contractual or other proprietary rights;
(l)
violate any applicable law or regulation; or
(m)
attempt, facilitate, or encourage any of the foregoing.
We reserve the right to terminate your account, or your access to the App, Site, or the Services should we suspect violation of any of the foregoing.
13.
Seller of Travel. VOYANI is subject to seller-of-travel registration requirements in certain states. Applicable registration information will be provided as required by law. Bookings are made in the United States by Voyani LLC.
13.1
Florida. VOYANI is a Florida limited liability company registered with the Florida Department of Agriculture and Consumer Services as a seller of travel. Registration No.: IN PROCESS. Florida law requires certain sellers of travel to maintain a performance bond or consumer protection program participation. Details are available upon request. Florida residents may contact the Florida Department of Agriculture and Consumer Services with questions about seller of travel protections.
13.2
California. VOYANI sells travel services to California residents and is registered with the California Travel Consumer Restitution Corporation (TCRC). California Seller of Travel Registration No.: IN PROCESS. Registration as a seller of travel in California does not constitute approval by the State of California. California residents who book through VOYANI have rights under the California Travel Consumer Restitution Fund in the event of default by a registered seller of travel. For more information, visit the California Attorney General’s website or contact legal@voyani.com.
13.3
Washington. VOYANI sells travel services to Washington residents and operates under Registration No.: IN PROCESS. For Washington residents, if transportation or other services are canceled by VOYANI, all sums paid to the seller of travel for services not performed in accordance with the contract between VOYANI and the purchaser will be refunded within 30 days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within 14 days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
13.4
Hawaii. VOYANI sells travel services and operates under Registration No.: IN PROCESS. Hawaii residents who book through VOYANI have rights under Hawaii’s Travel Agency Program (Chapter 468L-7, HRS), which may be provided to you on booking confirmation.
14.
Third Party Materials. Certain VOYANI Content accessible via our App or Services may include materials from third parties. In addition, the App or Site may present you with links that may direct you to third-party websites that are not affiliated with us or otherwise in our control. We are not responsible for examining or evaluating the content or accuracy of such third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The inclusion of a link to a third-party website on our App, Site, or Services does not alone imply any endorsement of the third-party websites themselves or of those in control of them. Please review carefully the third-party’s policies and practices and make sure you understand them before you browse the website or engage in any transaction. Complaints, claims, concerns or questions regarding third-party websites, products, or services should be directed to the third-party.
15.
Disclaimer of Warranties. THE APP, SITE, SERVICES, AND ALL VOYANI CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PROVIDED BY LAW VOYANI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VOYANI DOES NOT WARRANT THAT THE APP, SITE, OR THE VOYANI CONTENT WILL BE ACCURATE, COMPLETE, ERROR FREE, UNINTERRUPTED, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR USE OF ANY TRAVELER CONTENT OR VOYANI CONTENT MADE AVAILABLE THROUGH IT, OR ON ANY WEBSITE LINKED TO IT.
YOU FURTHER UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP, SITE, SERVICES, AND VOYANI CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR PROCEEDING FOR ANY LOSSES OR DAMAGES OR OTHER RELIEF RESULTING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE APP OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY APP LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VOYANI makes no representations or warranties regarding the suitability, quality, safety, or legality of any Travel Supplier or its products.
16.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VOYANI OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, SITE, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOYANI’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, SITE, OR SERVICES, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO VOYANI (EXCLUSIVE OF AMOUNTS REMITTED TO TRAVEL SUPPLIERS) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17.
Indemnification. You will defend, indemnify, and hold harmless VOYANI and its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms or the documents they incorporate by reference (including the Privacy Policy and Supplier Rules); (b) Traveler Content; or (c) your use of the Services, including any booking made through your account.
18.
18. Injunctive Relief; Reservation of Remedies. You acknowledge that any breach or threatened breach of Sections 7, 8, 11, and 12 would cause VOYANI irreparable harm for which monetary damages would be inadequate. In addition to any other remedies available at law or equity, VOYANI shall be entitled to seek immediate injunctive or other equitable relief (without the posting of a bond or other security) to prevent or curtail any actual or threatened violation.
19.
Termination. VOYANI may, in its sole discretion, suspend or terminate your access to the App or Site at any time, with or without notice, for any violation of these Terms or for any other reason. Upon termination, all licenses granted to you terminate and you must immediately cease all use of the App, Site, and Services. Any provisions that by their nature should survive shall survive any termination.
20.
Governing Law; Jurisdiction. These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. Subject to Section 18, the state and federal courts located in Florida shall have exclusive jurisdiction, and you irrevocably consent to personal jurisdiction in such courts.
21.
Arbitration. At VOYANI’s sole option, any dispute arising out of or relating to these Terms (including the Privacy Policy), or the Services shall be finally resolved by binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Florida law. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section 21 shall limit VOYANI’s right to seek injunctive or equitable relief in court as provided in Section 18.
22.
Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms, the App, or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
23.
International Users. VOYANI makes no representation that the App or Services are appropriate or available for use in all jurisdictions. You are responsible for compliance with all local laws and regulations. Accessing VOYANI from territories where its content is illegal is prohibited.
24.
Entire Agreement; Waiver; Severability. These Terms, together with the Privacy Policy and any additional terms to which you agree when using certain elements of the App, constitute the entire agreement between you and VOYANI regarding the subject matter hereof and supersede all prior or contemporaneous understandings. No waiver by VOYANI of any term shall be deemed a further or continuing waiver. If any provision of these Terms is held unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
BY CLICKING “I AGREE” OR OTHERWISE INDICATING ASSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.
