Terms of Service

Welcome to Overplanned. These Terms of Service ("Terms") govern your access to and use of the Overplanned website, application, and services (collectively, the "Service") operated by Overplanned ("we," "us," or "our"), a United States-based company.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 13 years of age to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Account Registration and Security

2.1 Account Creation

To access certain features of the Service, you must create an account. Account registration is available exclusively through Google OAuth authentication. By signing in with Google, you authorize us to access certain information from your Google account, including your name, email address, and profile picture, in accordance with our Privacy Policy.

2.2 Account Security

You are responsible for maintaining the security of your Google account and any activity that occurs under your Overplanned account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

2.3 Account Accuracy

You agree that the information associated with your account is accurate and current. You may not create accounts for the purpose of abusing the functionality of the Service, impersonating another person, or otherwise misleading other users.

2.4 One Account Per Person

Each individual may maintain only one account. We reserve the right to suspend or terminate duplicate accounts.

3. Description of the Service

Overplanned is a travel planning application that generates personalized itineraries through behavioral-driven recommendations. The Service includes, but is not limited to:

• Creating and managing trip plans with AI-generated itineraries
• Logging and reviewing past trips
• Receiving personalized venue and activity recommendations based on your behavioral preferences (not demographic profiling)
• Sharing trips with other users
• Uploading photos and adding notes to trips
• Exploring destinations with curated local intelligence

The Service uses artificial intelligence and machine learning technologies to power recommendations and itinerary generation. Our recommendation engine draws from local intelligence sources, including community forums, local review platforms, and curated databases. We do not use demographic profiling (such as age, income, or home location) to drive recommendations.

4. Subscription Plans and Payments

4.1 Plans

The Service offers multiple user tiers, including free and paid subscription plans. The features available to you depend on your subscription tier. Details of available plans, pricing, and features are described on our website and may change from time to time.

4.2 Beta Access

During beta periods, certain features or the entirety of the Service may be offered at no charge. Beta access is provided "as is" and may be modified, limited, or revoked at any time without prior notice. Beta features may contain bugs, errors, or incomplete functionality.

4.3 Payment Processing

Payments are processed through Stripe, a third-party payment processor. By subscribing to a paid plan, you agree to Stripe's terms and conditions. We do not store your complete payment card information on our servers. All payment data is handled directly by Stripe in accordance with PCI-DSS standards.

4.4 Billing and Renewals

Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee at each renewal. You may cancel your subscription at any time through your account settings.

4.5 Refunds

Refund requests are handled on a case-by-case basis. If you believe you are entitled to a refund, please contact us at the address listed in Section 15.

5. User-Generated Content

5.1 Your Content

The Service allows you to submit, upload, and share content, including but not limited to trip descriptions, notes, reviews, photos, and other materials ("User Content"). You retain ownership of your User Content.

5.2 License Grant

By submitting User Content to the Service, you grant Overplanned a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content solely in connection with operating and providing the Service. This license exists only for as long as your User Content remains on the Service and terminates when you delete your User Content or your account, except where your User Content has been shared with other users or used in aggregated, anonymized data.

5.3 Content Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights and permissions to submit your User Content
• Your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party
• Your User Content does not contain unlawful, defamatory, obscene, or otherwise objectionable material
• Your User Content does not contain malicious code, viruses, or harmful data

5.4 Content Removal

We reserve the right, but have no obligation, to review, monitor, or remove User Content at our sole discretion, including content that we determine violates these Terms or is otherwise objectionable.

6. AI-Generated Content

6.1 Nature of AI Content

The Service uses artificial intelligence, including large language models and machine learning systems, to generate itineraries, recommendations, and other content ("AI Content"). AI Content is provided as suggestions and planning aids only. AI Content is not a substitute for your own research, judgment, or professional travel advice.

6.2 No Guarantees

We do not guarantee the accuracy, completeness, reliability, suitability, or availability of any AI Content. Specifically, but without limitation:

• Venue hours, pricing, availability, and operating status may change without notice and may not be reflected in AI Content
• Travel logistics, transit routes, and timing estimates are approximate and should be independently verified
• Recommendations are based on behavioral modeling and local intelligence sources, which may contain errors or outdated information
• AI Content may occasionally produce inaccurate, misleading, or nonsensical results ("hallucinations")
• Safety, accessibility, dietary, and health-related information in AI Content must be independently verified before reliance

6.3 Your Responsibility

You are solely responsible for evaluating and verifying any AI Content before acting on it. You acknowledge that travel inherently involves risks and that you should exercise your own judgment, check current conditions, and take appropriate precautions regardless of any AI Content provided by the Service.

6.4 No Professional Advice

AI Content does not constitute professional travel advisory, medical advice, safety guidance, legal counsel, or financial advice. For matters involving health, safety, legal, or financial concerns related to your travel, consult qualified professionals.

7. Intellectual Property

7.1 Our Property

The Service, including its original content (excluding User Content), features, functionality, design, graphics, logos, and software, is and remains the exclusive property of Overplanned and its licensors. The Service is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and foreign jurisdictions.

7.2 Trademarks

"Overplanned," the Overplanned logo, and other marks, graphics, and trade dress used in connection with the Service are trademarks of Overplanned. You may not use these marks without our prior written consent.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

8. Privacy and Data Collection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

Key points relevant to these Terms:

• We collect behavioral signals (preferences, interactions, ratings) to improve recommendations, not demographic data
• We use Google OAuth for authentication and receive limited profile information from Google
• Your trip data, preferences, and behavioral signals are used to personalize your experience
• We use analytics and error-tracking services (such as Sentry) to monitor and improve the Service
• We do not sell your personal information to third parties

9. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate the intellectual property rights or privacy rights of others
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Scrape, crawl, or use automated means to access the Service or extract data without our prior written consent
• Use the Service to send spam, unsolicited communications, or bulk messages
• Reverse engineer, decompile, or disassemble any portion of the Service
• Create derivative works based on the Service without authorization
• Use the Service to develop a competing product or service
• Impersonate another person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Use AI Content to create misleading reviews, fake travel guides, or other deceptive materials
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Use the Service in any manner that could damage, disable, overburden, or impair the Service

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

10. Third-Party Services

The Service integrates with and relies upon third-party services to provide functionality. These third-party services have their own terms of service and privacy policies that govern your use:

10.1 Mapping and Location Services

We use Mapbox for interactive maps and location-based features. Your use of map features is subject to the Mapbox Terms of Service. We also use Google Places API for venue search and location data, subject to Google Maps Platform Terms of Service.

10.2 Image Services

Destination and venue imagery may be sourced from Unsplash, subject to the Unsplash Terms of Service and the Unsplash license.

10.3 Payment Processing

Payment processing is handled by Stripe. Your use of Stripe's payment services is subject to the Stripe Services Agreement.

10.4 Authentication

Authentication is provided through Google OAuth. Your use of Google sign-in is subject to Google's Terms of Service and Privacy Policy.

10.5 Third-Party Disclaimer

We are not responsible for the practices, content, or availability of third-party services. Your interactions with third-party services are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party services you access through or in connection with the Service.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate, reliable, or complete
• Any errors in the Service will be corrected
• AI-generated itineraries, recommendations, or other content will be accurate, safe, or suitable for your needs
• Venues, restaurants, attractions, or other points of interest included in itineraries will be open, available, or as described

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR YOUR OWN TRAVEL DECISIONS AND SAFETY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVERPLANNED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service, including AI-generated content
• Unauthorized access, use, or alteration of your transmissions or content
• Any travel decisions made in reliance on information provided by the Service
• Any injuries, losses, or damages of any kind arising from travel activities planned or suggested by the Service

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Indemnification

You agree to defend, indemnify, and hold harmless Overplanned, its officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your travel activities or decisions made using the Service

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally by contacting us. We will attempt to resolve the Dispute informally by contacting you via email. If a Dispute is not resolved within thirty (30) days of submission, either party may proceed to binding arbitration.

14.2 Binding Arbitration

Any Dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND OVERPLANNED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will immediately cease.

15.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, extended periods of inactivity, or upon request by law enforcement or other government agencies.

15.3 Effect of Termination

Upon termination, your license to use the Service terminates. We may delete your account data, including User Content, after a reasonable retention period. Sections that by their nature should survive termination shall survive, including but not limited to Sections 5.2 (License Grant), 7 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 14 (Dispute Resolution).

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last Updated" date at the top of this page. We may also notify you via email or through a notice within the Service.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Overplanned concerning the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. A waiver of any term shall not be deemed a further or continuing waiver of such term or any other term.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, power failures, or internet disruptions.

17.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at: